ComplaintsforThe Lifting Lab

• Initial Complaint

  03/09/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I signed the gym contract 1/11/23. The issues surrounding the front door entry for 24/7 access hadn't been resolved and entry was not in accordance with the contract but I agreed to sign still. I was given a key for entry. After a handful of trips to the gym with the owner present in the building, her non-service dog was becoming a nuisance. The owner seemed to realize that I was aggravated by the dog and would attempt to call him away but he rarely responded without her coming to physically move him away. The dog would charge at me when I entered the building, it once took an item out of my bag to try to chew on, and would be under my feet as I was using the equipment. I then received notice of an annual cleaning fee. I sent a text on 2/6/23 with my concerns about the excessive dog hair (dog appears to be a labrador retriever) that was around the gym and on the equipment. I received no response and nothing was done about that. On 2/16/23, I sent a text that a lack of cleaniness at the gym and her dog being a nuisance that I was cancelling my membership. I told her I would not be paying a cancellation fee because none of my concerns had been addressed. I was charged the fee and had my bank return the charge. I am now getting more emails and notices of fees being sent to me. I also called the health department and was told that an animal shouldn't be on the premises unless it is a service animal. I don't believe having patrons sign a contract just so that you can charge them after ignoring their complaints is how business should be done. The owner and I had been friendly acquintances prior to this. We had always sent texts outside of business hours. At one point she hadn't responded for hours and the told me she was out of town and deserved to have a right to do that. I hadn't been made aware that she only wanted to discuss this during business hours until that point. I have had minimal contact with her since.

  Business response

  03/16/2023

  [BBB Transcription via Email]

  Dear ********,
  
  
  
  
  This letter is to notify you that your Payout ************** of Payment Amount $225.00 for The Lifting Lab’s Membership Agreement (Contract Reference Number ****) is unable to be processed.
  
  The reason the payment cannot be processed is:
  
  Rejected by Payee
  Please note that each invoice from Vagaro (or any other payment processor used by The Lifting Lab) and/or letter received through electronic mail or physical mail hereafter will also be considered an invoice and an attempt to re-submit The Lifting Lab’s payment request to collect the failed/uncollected payments and/or fees from you, the payee.
  
  
  
  In addition, each additional invoice and re-submission to you will incur an additional fee for each invoice/re-submission that is left unpaid. Also note that invoices/re-submissions will continue to be sent with additional fees if The Lifting Lab deems necessary to collect it’s unpaid debts from you.
  
  
  
  The amount of $225.00 was returned so your invoice due now includes The Lifting Lab’s $25.00 service fee in addition to the $225.00 cancellation fee.
  
  
  
  Please note in addition to the cancellation fee, for each additional payment request that is denied/unsuccessful we, at The Lifting Lab, can and will bill the charged amount plus "a service fee of up to $25 or the maximum amount allowed by law for each instance we submit or re-submit such payment request and it is returned uncollectable for any reason" per our contract located in the last paragraph of the cancellation and billing policies section.
  
  
  
  Please note that in Ohio, there is no maximum late fee for overdue invoices. Also after a balance becomes overdue, Ohio businesses do not need to allow a grace period before applying fees. However, since this is the first notice to collect returned payments The Lifting Lab will only charge a $25 fee for this first payment collection contract infraction.
  
  We have attached a copy of your signed member agreement for your review below.
  
  
  
  Total Amount Owed: $250.00
  
  Please pay the invoice sent to you via Vagaro as soon as possible.
  
  If you have any questions regarding this notice, please do not hesitate to contact us at:
  
  
  
  The Lifting Lab
  
  ****************************
  
  
  
  --
  **** *******
  Health Coach and Personal Trainer 
  ************
  **************************** 
  
  On Thu, Mar 16, 2023 at 1:30 AM **** ******* <****************************> wrote:
  Additional files for response to the BBB complaint made on 3/9/2023 with the ID ******** below.
  
  --------- Forwarded message ---------
  From: **** ******* 
  Date: Mon, Feb 27, 2023 at 10:52 PM
  Subject: Chargeback Response to Chargeback on Payout**************
  To: Support <*******************>
  
  
  Dear Go Cardless and JP Morgan Chase Bank,
  
   
  
  I am writing this chargeback response letter in order to contest chargeback R07 for $225.00 on February 27, 2023 to charge Payout ************** charged February 23, 2023. The chargeback reason code is not provided on Go Cardless but the code is believed to be code R07 it simply states "The customer disputes having authorised you to set up a mandate with them". As we will prove with the attached evidence, the transaction referenced above reflects the legitimate purchase of a gym membership cancellation fee from our business. To support our rebuttal, I am attaching the following pieces of evidence through the member contract, I have many communications with *** ******* I can provide as well, and more supporting evidence:
  
   
  
  "mandate": "**************",
  
  "creditor": "**************"
  
  Payout **************
  
  Customer bank accounts/**************
  
  Status Active
  
  Created 12th Jan 2023
  
  Account holder ******** *******
  
  Account no. ending ••******
  
  Country code US
  
  Currency USD
  
  Bank name JPMorgan Chase Bank NA
  
  ********** created 12.01.23Scheme: ACH
  
   
  
  Payout ************** on February 27, 2023 for the cancellation fee to cancel out of their gym contract with The Lifting Lab dba **** ******* Fitness LLC. The contract (*** ******* Membership Agreement PDF), I have many communications with *** ******* I can provide as well, and details of the situation are included below. This customer, ******** *******, purchased a gym membership on January 12, 2023, with a 12 month contract and a cancellation fee of half the remaining balance on the account due at the time of cancellation. This customer did not follow the membership policies and club rules. According to 3K on the member agreement the customer acknowledged that they do not have any aversions to dogs or allergies to dogs and know the dog will be on the premises. Aversions to dogs includes dog hair and all the complaints of the member. In addition to this contract there are multiple witnesses that saw her interactions with the dog. She would be greeted by him but he would lay beside the owner and these witnesses will attest to this. He never charged at her, was intrusive, or was under her feet while she was on the premises. The dog hair being excessive was never expressed written or verbally to anyone at The Lifting Lab. Furthermore there is nothing in the contract detailing the cleanliness of the gym during the customer's membership time there so the complaint about the dog hair is mute. Also as the owner, I cleaned the gym every night or every other night to get rid of dog hair as I saw fit. The gym is named after the dog (he is a yellow lab and the gym is called "The Lifting Lab"). Also the gym logo is a graphic modeled after the dog holding a barbell. Most marketing has included the dog and the dog is the gym mascot and an integral and expected part of the gym by all. Furthermore, the dog was on the premises during *** *******' tour of the gym and the contract was explained to her in it's entirety in person and she had the opportunity to read it in more detail at home in her email over Boldsign. She signed the contract stating she understood and agreed to everything and acknowledged the fees (member improvement/cleaning and cancellation) and acknowledged the dog.
  
   
  
  *** ******* has no grounds for this chargeback request. The member also signed the contract agreeing to it's entirety including agreeing to paying the annual cleaning fee and the cancellation policy, which requires paying half the remaining balance on the account.
  
   
  
  In addition to the cancellation fee, for each additional payment request that is denied/unsuccessful we at The Lifting Lab can and will the charged amount plus "a service fee of up to $25 or the maximum amount allowed by law for each instance we submit or re-submit such payment request and it is returned uncollectable for any reason" per the contract located in the last paragraph of the cancellation and billing policies section of the contract.
  
   
  
  So now the owed amount of ******** ******* to The Lifting Lab has been increased to $250.00 total to cover the cancellation fee of $225 and the service fee of $25 for the first uncollected payment here.
  
   
  
  If you require any further information, please contact me directly and I will endeavor to respond as soon as possible. I look forward to hearing from you.
  
   
  
  Sincerely,
  
   
  
  **** *******
  
   
  
  The Lifting Lab
  
   
  
  ************
  
  Additional files for response to the BBB complaint made on 3/9/2023 with the ID ******** below. 
  
  On Thu, Mar 16, 2023 at 1:28 AM **** ******* <****************************> wrote:
  Additional files for response to the BBB complaint made on 3/9/2023 with the ID ******** below.
  
  On Thu, Mar 16, 2023 at 1:28 AM **** ******* <****************************> wrote:
  Additional files for response to the BBB complaint made on 3/9/2023 with the ID ******** below.
  
  On Thu, Mar 16, 2023 at 1:27 AM **** ******* <****************************> wrote:
  Additional files for response to the BBB complaint made on 3/9/2023 with the ID ******** below.
  
  
  On Thu, Mar 16, 2023 at 1:24 AM **** ******* <****************************> wrote:
  I have included my response to the BBB complaint made on 3/9/2023 with the ID ******** below.
  
  
  
  This former member (hereby referred to as FM for former member throughout the rest of my statement) signed the gym contract 1/11/2023 at 7:05pm EST electronically through Boldsign at a location other than the gym through the email she gave The Lifting Lab (because staffed hours are by appointment only). The contract was accepted by The Lifting Lab on 1/12/2023 at 8:51am EST electronically through Boldsign. The contract has to be signed by both parties before it is in effect. FM picked up her key 1/12/2023 at approximately 10:50am EST during the agreed upon appointment time (as the gym staffed hours are by appointment only and it is listed on the front door and made known to the public). The picture of the Boldsign timestamps is attached below as well. Keys/access to the gym are not given until the contract is fully accepted and signed by both parties so access was given in accordance with the contract. 
  
  
  As for the dog, The Lifting Lab is fully compliant with all laws, regulations, licenses, shots, and tags related to the dog. According to section 3-K on the member agreement the customer acknowledged that they do not have any aversions to dogs or allergies to dogs and know the dog will be on the premises. “Aversions to dogs” includes dog hair and all the complaints of the member. 
  
  
  In addition to this contract there are multiple witnesses that saw her interactions with the dog. She would be greeted by him (as is everyone because we tell everyone he is our resident door greeter) but he was/is not intrusive/aggressive/annoying and would lay beside the owner and/or in his bed during FM’s entire time at the gym and all these witnesses (other gym members) attest to this. Our Google business page has so many positive reviews and many of them refer to the gym dog and his good behavior as well. 
  
  
  FM proceeded to make up lies about the owner/business validity/dog and other issues of hers that had never been brought up before because The Lifting Lab stuck with its contract as is policy and she did not get her way in The Lifting Lab removing the annual improvement fee. 
  
  
  He (the dog) never charged at her, was intrusive, chewed on any items of hers, dug through her bag, or was under her feet while she was on the premises (this goes for any member as well). The dog is well behaved/does not jump on people/trained with an excellent recall and is very gentle, slow, and submissive (so much so that every member or tour guest comments on how gentle/sweet he is and how slow he is/walks). 
  
  
  The owner would call the dog away from FM because she became increasingly rude to the dog kicking at him and shooing him away as soon as she walked in the door. The owner/other members were concerned for the dog’s safety because of her increasingly hostile behavior. Comments/complaints about this behavior of hers were verbally expressed to the owner but the owner chose to quietly diffuse the situation instead of making FM aware and causing a scene. Every time she walked in after receiving her membership she acted nothing but entitled and rude to the owner, other members, and the dog. She represented one character/personality before gaining access to the facility and completely switched as soon as she gained access. 
  
  
  The gym is very literally named after the dog (he is a yellow labrador retriever and the gym is called "The Lifting Lab"). Also the gym logo is a graphic modeled after this exact gym dog holding a barbell. Most marketing has included the dog and the dog is the gym mascot and an integral and expected part of the gym by all of the public. The community literally knows the gym as it’s nickname “the dog gym” in addition to it’s actual name. 
  
  
  If potential members have aversions to dogs in any capacity they are encouraged to join another gym. FM expressed she was fine with dogs and understood that the dog would be on the premises a majority of the time during her tour. Furthermore, the dog was on the premises during FM' tour of the gym, the gym had not been vacuumed for the night so there was dog hair on the floor, and the contract was explained to her in it's entirety in person and she had the opportunity to read it in more detail at home in her email over Boldsign. 
  
  
  She signed the contract stating she understood and agreed to everything and acknowledged the fees (monthly fees/initial/member improvement/cleaning and cancellation) and acknowledged the dog and confirmed she had no aversions to dogs by signing the contract she acknowledged she read.
  
  
  The Lifting Lab has already been paying close attention to local state and federal laws and been making sure we follow those guidelines and laws through our lawyer and myself calling all appropriate government offices to confirm our compliance. For this complaint though I made sure to call the Hancock Public Health Department again to recheck and make sure her claim of a (non service) dog on the premises being against health department standards/codes/laws was false as I understood it to be. I have outlined the details of the call in the next paragraph. 
  
  
  I (the owner) called The Hancock Public Health Department (the health department we have all inspections through) for clarification on FM's claim (Phone # ************) and talked to the one person who handles these questions on 3/15/2023 at 2:35pm EST who told me that FM would have talked to him because he is the only one who handles these claims/questions and he knows there have been no claims made to him regarding an issue of this nature. When I asked about whether (non-service) dogs were allowed in businesses (specifically gyms) with the health department he also said, "There are no requirements on their end for business owners and dogs and that the code doesn't exist (to prohibit dogs from being in businesses as long as the owner allows it)." So the gym dog is not only allowed to be on the premises but the health department is totally fine with it because we are compliant with them.  
  
  
  The annual improvement fee (annual cleaning fee FM is referring to in her complaint) is mute as far as The Lifting Lab is concerned because it was outlined in the contract that we discussed verbally and she read on her own time/at her own pace and signed (acknowledging she read it, understood it, approved of, and agreed to everything in our contract). We addressed the text message towards us by restating what is in our contract. This portion is even underlined in our contract because we want everyone to understand exactly what they are getting into before they sign the contract. We take memberships very seriously and expect members to do the same so our values, rules, and policies are stressed from the beginning of all communication. 
  
  
  We are not a monthly gym and we do not offer guest passes or trial memberships to outsiders. This is a policy we stand behind as a way to respect our members’ privacy and avoid people using and abusing our gym. That being said we offer 3 month, 6 month, and 12 month gym membership contracts to all prospective members and went over all of these options with FM before sending her version of the contract. The longer commitment is the cheapest monthly rate and the shorter commitments are slightly more expensive in monthly rates but we offer them as a way to do “trials” for people who are not totally sure on whether they will like the gym or not. In each of these contracts there is an initial fee (which pays for interview/membership signup time and key fees) at the time of sign up along with the first month’s gym membership payment and an annual improvement fee of $30 once a year which is billed on the 3rd month of their agreement annually. In FM’s case $30 this fee would have been billed on or around every April 1st of each year. 
  
  
  Our annual improvement fee is far less than other semi-comparable gyms’ annual improvement fees and our reasoning behind $30 one time a year was intended to be for cleaning supplies/supplies (toilet paper, paper towels, cleaning supplies, hair ties, etc.) used by the member. In a text after this one that we received FM said “expecting more cleaning from your customers than you’re doing yourself is a bit audacious” and we would like to address this comment now as we chose to ignore the rude comment before and remain professional. In the contract there is nothing outlying our cleaning policies. We express verbally that we will clean as we see fit and needed. No other member complained about any “excessive dog hair” and we did not receive any comments about it from FM. In fact, many members express appreciation of the opposite for noticing how clean the gym is. The longest the club went unvacuumed was 4 days due to the business’ vacuum breaking but it was replaced as soon as possible. The club is vacuumed every evening/every other evening as the owner sees fit and mopped frequently as well as witnessed by numerous members. The owner (myself) cleans the gym on average 6-12 hours each week (sometimes many more). Doing the math, if the former member is implying the $30 yearly fee is paying for the cleaning itself (not including supplies) that would mean the member is paying $0.04-$0.09 for each hour the owner cleans the gym. FM was not in the gym more than 3 hours each week even including her time working out so, no, she did not clean more than the owner and the members combined do not as general cleaning is not expected of them. Members are expected to wipe down machines and clean up spills if they happen though. 
  
  
  As for FM's alleged text on 2/6/2023 about "the excessive dog hair" you can see the attached screenshot of my available messages showing that we never received anything written or verbal complaining about the dog hair. The text may have been sent but it is not our responsibility to confirm if a text has been sent, especially if we don’t know there is intent to send one and that member has not expressed written or verbal complaints or concerns about anything on the premises until their issue with the annual improvement fee. We have replied to every communication FM has expressed to us until she became even more belligerent, hostile, and threatening than she had already been in her previous communications. 
  
  
  After false claim after false claim (about numerous different topics) was made by FM trying to grasp at straws (to not pay proper fees that she agreed to and understood before joining the gym) in her line of text messages we decided to respond professionally and maturely by only complying with the notice of cancellation (even though her text cancellation notice was not in compliance with our cancellation policy) and trying to finish her cancellation as cleanly and as fast as possible by meeting her in person to do a signed/in-person notice and return of key access as a way of extending her good will and being extra courteous to her even though she continually became increasingly hostile towards us. No policies were made up on the fly or random as she tries to express. She just did not do anything on her part in accordance with following contract/gym rules and policies which were explicitly stated and also given to her in written form that she agreed to comply with. 
  
  
  The owner decided that since FM had not relinquished her access to the gym at the time of cancellation (as is required of members canceling) she would make one exception and give her a few days as a courtesy to turn her access in and finalize the cancellation she had given notice of. Both FM and the owner agreed on meeting on Saturday February 18, 2023 at 9:00am at the gym for this. FM then sent a text to the owner on Friday February 17, 2023 at 6:39pm EST demanding that the cancellation form be sent to her before the agreed upon meeting for the owner to finalize cancellation. As the owner had family in town and was at dinner, she did not respond initially. A little over 2 hours later, at 8:49pm EST on Friday February 17, 2023 FM sent an increasingly hostile text claiming she was wasting her only weekend off meeting the owner to finalize cancellation along with spouting off other false claims of plagiarization, about the owner, professionalism, contract/club policies, and the dog. The owner decided it was not beneficial to try and engage with these false claims but did set the record straight as plagiarism has not occurred and she spent countless hours with her lawyer setting everything up as this is a legitimate business and not a hobby as this former member seems to believe. 
  
  
  The owner of The Lifting Lab always tries to respond to messages received in a timely manner but we are by appointment only, have a full personal training client load, and do not have set weekday hours. We also do not have weekend hours and all provided are strictly out of the kindness of our heart as a courtesy to those who have no other options if we can help them. Out of being nice, the owner had a history of replying to this member at random times, even into the night when the member would text her despite the owner being at home and having family time. After FM became increasingly hostile, selfish, and entitled (all values contradictory to the ones asked of members of The Lifting Lab), it became increasingly evident to the owner that the former member did not realize that there are other people on the earth too who have lives other than to serve them so she made an attempt to humanize herself since FM had done nothing but been dehumanizing, disrespectful, and selfish. 
  
  
  Out of respect to all of our kind and amazing members who follow the rules/club polices and are courteous and respectful, The Lifting Lab decided to uphold the cancellation policy and bill the cancellation fee detailed in the contract once the access was received to finalize the cancellation as we take this very seriously and we expressed this to FM as well numerous times.  
  
  
  FM decided to chargeback the cancellation fee that was detailed and agreed upon by her in her contract. Because the member charged back this cancellation fee, per the cancellation portion of the contract we at The Lifting Lab, “In accordance with applicable law, if our first attempt to collect any fee under this agreement is unsuccessful, we may make additional attempts to collect from any/all payment methods you provide us, puls a service fee of up to $25 or the maximum allowed by law for each instance we submit or re-submit such payment request and it is returned uncollectable for any reason including, insufficient funds, expired or canceled payment cards, overdrafts and closed accounts. We are not liable for any fees charged by your financial institution if a payment request is returned as uncollectible.” After waiting a week for FM to correct this denied payment, we at The Lifting Lab resubmitted this invoice with the additional service fee of $25 through Vagaro to FM and emailed her a notice of failed payment. All of this has been in accordance with the contract and policies stated to her. Also by the time this complaint response is submitted, another $25 service fee will be invoiced to FM since it has been over an additional week since the overdue invoice was submitted. 
  
  
  There is not a set schedule for invoices submitted but regardless of how we at The Lifting Lab have been treated try to maintain a level of respect, professionalism, and maturity that is not always extended to us. We are currently giving FM plenty of time to act in accordance with her signed contract and reconcile this situation even though no kindness or respect has been extended to us. 
  
  
  As we at The Lifting Lab try to be nice and work with everyone, some people just do not want to come to an agreement and only want their way as was the case with this former member. We are loved and supported by the community and are quite frankly better off with this former member gone but still need to enforce our contract. Out of respect to our current members we have made the decision to continue to act in accordance with the contract and our policies and re-submit the invoice for the uncollectible cancellation fee and service fees. 
  
  
  One of our absolute core values at The Lifting Lab is our zero tolerance policy for discrimination, bullying, and harassment. It is so important to us that it is in red and bolded in our contract. As the communications with FM continued, she became increasingly bullying and tried to threaten us in multiple different ways making up lies along the way in order to do so. 
  
  
  We will continue to stand up for our business and our members and appreciate all the continued support from our community as we continue to be an uplifting and supportive place for those willing to be kind and respect our values, rules, and policies that we state so clearly. 
  
  
  Unfortunately some people who think they can take advantage, be entitled, and are unkind may slip through the cracks by presenting false faces initially, but we will continue to do everything in our power and add more to our process of vetting future members to make sure they are going to be kind and respectful participants of the gym atmosphere towards both other members, staff, and dogs :) We love all our supporters a lot and hope that if you got this far in our response you can see this situation for what it truly is. 
  
  
  I will forward my chargeback response letter in a second email below and will also email a copy of the first invoice sent to FM in addition to all text communications, contracts, and other evidence of all expressed in this response. If anything is unable to be accessed please reach out to me for further clarification or to resend things that did not load since I have a lot of evidence. I understand the contract and texts cannot be posted to the website due to showing the former member’s name and information but the rest of the paragraphs listed above should be shared as a response and I am completely fine with that. Thank you so much for taking the time to review this case and go over this issue as it been escalated by the former member. I appreciate all of your time! 

  Customer response

  03/16/2023

  
  Complaint: ********
  
  I am rejecting this response because the owner has completely fabricated the situation because of her emotional attachment to her animal. I wasn’t hostile. I was aware of the animal’s presence but wasn’t ok with it under my feet and in my stuff. I did in fact call the health department and was told exactly what I previously submitted. Regardless, I attempted to get those issues addressed and the owner seems to take offense that not everyone wants her dog in the personal space. To continue to created charges and attempt to collect is absurd seeing how I tried to resolve this prior to cancelling. I think the effort she is exhibiting to collect money from a customer that she ignored when trying to resolve an issue is appalling. Had she attempted to resolve the issue prior to this she would still have a customer. 
  Sincerely,
  
  ******** *******

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩