ComplaintsforEveryBody Fitness, LLC

• Initial Complaint

  12/02/2021

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Resolved

  More info

  I received a past due invoice for a membership to this gym. I was told my membership was purchased from Fitworks White Oak when it went out of business. It took about 2 hours to find out what gym had this membership and it's location. The invoice made it difficult to track down. Then it involved phone calls to the gym and the billing company. I was told I would receive a call back which I never did. Now they have called my work and informed me I am being sent to collections over the past due balance which they say I owe. In the initial phone calls I was never given an option of cancelling this membership! I am fed up. This seems to be a scam to me.

  Business response

  12/13/2021

  Business Response /* (1000, 5, 2021/12/06) */ We will be happy to get this taken care of. EveryBody Fitness did take over operations of the Fitworks West Chester location. This member's account transferred in the data files provided by Fitworks. I believe Fitworks transferred their White Oak members to West Chester prior to closing White Oak and that was before Everybody Fitness took over the operations of the West Chester location. It appears that he fulfilled his original term and was in his Month-to-month renewal. We will cancel his account. The account had not been referred to an external collection agency. Calls he received were from our billing company. Consumer Response /* (3000, 7, 2021/12/07) */ (The consumer indicated he/she DID NOT accept the response from the business.) We accept this if they are cancelling the contract and not expecting payment of past due account for services in West Chester! Business Response /* (4000, 9, 2021/12/08) */ Yes, the contract has been cancelled with a zero balance and no payment due. Consumer Response /* (2000, 11, 2021/12/10) */ (The consumer indicated he/she ACCEPTED the response from the business.)

• Initial Complaint

  10/04/2021

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  I have moved from **** to ******* as my ex husband was relocated with the military. I have a lease with my name on it - but no utilities as I reside with my sister who set the utilities in her name while I was still in Ohio. Allegedly a lease agreement with my name will not suffice as they require 2 forms of proof of residence. They asked me to send I. A paystub showing my corporate office in Michigan is not within 25 miles of their gym. I do not feel a paystub with personal information is anything I would send to a company who is not equipped to handle such personal information. When I explained my situation to the lady on the phone asked her manager and the manager stated I needed to provide 2 docs. I asked if a cell phone will would work and was told no. I feel a lease agreement showing my name and new address not within 25 miles of this gym that I have not gone to in 2 years due to my move - should be sufficient.

  Business response

  10/21/2021

  Business Response /* (1000, 8, 2021/10/21) */ The first inquiry re cancelling due to relocation noted on the account was on 10/1/21 where the member stated she's lived in ******* for 1 year. Whether its been 1 year or 2 this was the first time she stated this. I believe an outgoing call was made to her for collecting the payment which had been returned (bounced) it was only at that time that she mentioned relocating. The lease does not appear to have been submitted. She could also provide a copy of her newly issued Driver's License or State ID. The reason the representative suggested a paystub I would think would be that it would have her current address on it. Other personal info could be blacked out. If she were still married we would also of course accept military relocation orders. Please submit the lease and copy of your Driver's license/State ID or if the paystub shows the current address, black out the bank account and payment amount etc. Please submit to ****@risefinancial.biz In the subject line put Proof of Relocation. Your member number is: XXXX-XXXXXX Thank you! Consumer Response /* (3000, 16, 2021/11/17) */ ***Document Attached*** I submitted the documents to cancel the membership and received confirmation they have been received, yet the gym has not cancelled the membership. They are calling me for payment on a consistent basis. ****, from Rise Financial ,who this gym uses for payment confirmed she is waiting for the corporate office of this location to honor my cancellation. This email was received by **** on 11/03. The membership is still not cancelled and I would like to reopen my dispute. I asked my gym membership be cancelled back to 10/01 when I called their office to cancel which at the time was given a run around. I have suspended my debit card permanently as when I suspended it in October - to not allow the charge to go through, they resubmitted the charge a few days later after I had turned it back on. This gym has caused me to change all my EFT information since I was forced to get a new card to stop charges when documents were submitted to cancel. This is getting out of hand that this is not being honored. I'm asking them to cancel the date I notified them of my move, not when I actually moved. I'm not asking for months of a refund. I want this cancelled the day I called to alert them of my move. Attached is my email confirmation from ****. I allowed my BBB case to be closed as I made an incorrect assumption this gym would do the right thing, which they have not. So I would like it opened again. Thank you. Business Response /* (4000, 18, 2021/11/19) */ The 2 proofs of relocation were received on 11/2/21. The billing company is instructed to use the date of the receipt of the cancellation documents as the beginning of the 30 day cancellation notice requirement. Nothing was submitted prior to 11/2/21. However, in an act of good faith because there was some question as to what she could submit along with the lease, we have cancelled the account and waived the past due balance. Normally past due balances and/or any payment that may fall within the the 30 day notice period must be paid in accordance with the terms and conditions of the membership agreement. Even if the cancellation documents had been sent in October, that payment would still have been due as it fell within the 30 day notice. Technically now going from actual receipt of the documents, the Nov. payment would also be owed. Again, in good faith, we are closing the account with nothing further due.

• Initial Complaint

  10/01/2021

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I joined every body fitness a few months ago, solely to get a small break after the huge pandemic and get my kids into a drop in daycare, and to work out. I tried going for a month with both kids, the "teachers" were not what I expect, though I kept trying. Smoking vape around the children is when I crossed the line, and asked for management to remove my membership. **** called me names, and was very rude considering my experience. He told me I have to buy out, or get out. Now I am stuck, jobless, in debt with a gym I have never technically used more than 3-5 minutes. I don't know how I can get out of this, and the harassing phone calls all the time.

  Business response

  11/02/2021

  Business Response /* (1000, 8, 2021/10/21) */ The complainant willingly and knowingly purchased a 36 month membership. She received 2 signed copies of her membership agreement at the time of purchase plus an emailed copy. Additionally we have all new members sign a paper acknowledgement sheet which states in big bold print: "I have received 2 copies of my signed Membership Agreement and understand the it is (and this is underlined), Not a Month-to-month Mebership, but a 36 month term. I also understand my 3 day right or rescission." We have her signature on this sheet. The membership cannot be cancelled at will. The cancellation policies are outlined in the agreement. Also we are NOT a "daycare" provider and we do not have "teachers". It is not a preschool. It's just baby sitting for a maximum 0f 2 hours while a parent is working out in the facility. This is a free amenity/service that has no bearing on the term or conditions of the membership agreement. This is stated in # 11 of the agreement. A representative from our billing company will reach out and see if we can arrange a special payment schedule to bring the account current and avoid any 3rd party collection. She is certainly welcome to continue to use the facility once we have that set up. Assistance is also available to help members reach their health and fitness goals.

• Initial Complaint

  09/27/2021

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I contacted Everybody Fitness in Englewood at the end of February to cancel my membership. I was instructed to send a letter stating my intent to cancel my membership immediately, and I did just that. I sent that letter in early March 2021 requesting that my membership be canceled. The gym then started harassing me, saying I was behind in my membership payments and threatening legal action. I again told them I requested the membership be canceled. They admitted that they have a record of my phone calls requesting the cancellation and yet they refused to cancel my membership. I've now received correspondence from a collection agency - they say I owe them over $200! I refuse to be bullied into keeping membership to this gym. I want this action stopped immediately and all negative reporting on me be removed. I also want an apology for their error as well.

  Business response

  10/27/2021

  Business Response /* (1000, 8, 2021/10/20) */ The Complainant is correct that we do show he called to inquire about cancellation and was instructed to send a written notice per his membership agreement. The written notice was never received. The billing representatives made approximately 35 attempts to contact the member. A letter was also issued prior to being sent to 3rd party collection agency. I will attached the account notes for reference. If he has proof of the letter being received (certified mail receipt or written confirmation from a representative, we would ask that he please submit that for review. Otherwise, he will need to make payment arrangements for the past due amount with the collection agency unfortunately. Consumer Response /* (3000, 10, 2021/10/22) */ (The consumer indicated he/she DID NOT accept the response from the business.) I was not instructed to send the letter via certified mail so I did not. I was told to send a handwritten letter requesting the account be cancelled and that I exactly what I did. The health club made no other attempts to contact me as they claim. Business Response /* (4000, 12, 2021/10/26) */ I'm not sure what more we can add to our response... Please see the attached notes from his account that validate the numerous attempts that were made to reach the member after he stated he would send in his written cancellation. It was not received by the billing company. They tried to follow up many times and also sent a notification letter. I don't see a place to upload the copy. Perhaps after I submit this note.

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