ComplaintsforVP Fitness, LLC

• Initial Complaint

  01/07/2024

  Complaint Type:

  Order Issues

  Status:

  Resolved

  More info

  Despite numerous phone calls and phone messages, emails to the membership department (as instructed), and showing up in person, this gym refuses to cancel my membership. I need the incorrectly charged months reimbursed and my membership canceled

  

  Business response

  01/08/2024

  This customer signed up for a twelve month membership at our establishment on February 1, 2023. I have attached a copy of the contract that he signed for reference. On October 28, 2023, an email was sent to the membership department by ************** requesting to cancel his membership at 3:18 pm. A response was sent to him the very same day at 7:46 pm advising ************** that he is in a twelve month membership, and his request to cancel his membership before the end of its term would result in a $300. early termination fee (see page 3 of the membership agreement relating the early termination policy). The email was sent to ************** in an attempt to 1: find out why he was requesting to cancel; and 2: to offer some other options such as a freeze depending on **************' circumstances. Several weeks went by and ************* did not respond to the email that was sent to him. ************** eventually called the front desk on December 1, 2023 and asked to speak to a manager regarding his December 1, 2023 charge for membership. On December 1, 2023, Operations Manager ********* sent him an email advising **************, that the membership department did reach out to him, but he didn't not respond to the email. The early termination fee was again presented to ************** and the fact that his membership was still active until February of **** was reiterated to **************. The alternative to not paying the early termination fee, would to just pay out the remaining months of the membership. In **************' case, since he contacted us in October, he remained to pay for November, December and January at the rate of $59.99 which actually comes out to being less that paying the early termination fee. All of the email communications with ************** are attached to this answer. ************** is not *********** a refund of the membership fees that he paid as he was still under contract at the time he requested to cancel. In some circumstances where a customer has moved, we would waive the early termination fee if the customer is able to establish a valid move with supporting documentation. ************** did not respond to any of the emails sent to him in effort to resolve his issue. He ignored our attempts to properly close out his account and he is not *********** a refund. 

  Customer response

  01/08/2024

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response submitted by the business and have determined that the response does satisfy my issues and/or concerns in reference to complaint #********. I understand that by choosing to accept the business response that my complaint will be closed as resolved. 
  
  Regards,
  
  *************************

• Initial Complaint

  07/13/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  The health club is heavily in violation of ************ Public Law 154. I wished to cancel my contract as I relocated for work and was charged for the following month. Under Public Law 154 5-50-4(C) I am allowed to cancel (without any further charge) the contract if I relocated more than 15 miles from the clubs location which has been satisfied. Further, this contract is entirely voidable by myself as the violation it does not state the required information within C under the buyers right to cancel such as the right to cancel when relocating more than 15 miles away as in this case. ************ Public law is accessible via internet search. Refer to page 12/15 of the attached document for the appropriate section in the document.

  

  Business response

  07/14/2023

  The contract signed by this customer is a month to month contract and not a term contract therefore the language relating to moving fifteen (15) miles away is not applicable as there is no term to this agreement. Agreements with terms (such as six months or twelve months, contain this language). Buyers right to cancel is clearly stated in the attached agreement. This customer was past due over thirty days on his membership and had accrued late fees as well. He contacted the club on July 12, 2023 stating that he relocated for work.  Moving does not cancel out past due invoices. Upon this customers request to cancel due to move, the past due balance and the next invoice (which was due on 7/29/2023) needed to be paid. It clearly states in the agreement that "If Member gives notice less than thirty (30) days prior to the next scheduling billing date, the Member will be charged a final fee for the final month". Therefore an invoice as sent to this customer for his past due balance and his final invoice. Once the payment was received the contract was cancelled. 

  Customer response

  07/14/2023

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as Answered. 

  Please provide reference to where in ************ Law month to month contracts are excluded from contract cancellation. The term of the contract could be considered indefinite and cancelled only upon notice. Given this response Id like to to invoke my right to void the contract given it is a contract with indefinite term that was in violation of ************ Public Law 154.
  
  Businesses and Customers should be civil, courteous and polite in their responses to complaints. It is important to remain professional and productive when participating in the BBB complaint process.
  
  FAQ
  
  Regards,

  *******

   

   

  

  Business response

  07/17/2023

  The past due balance and final invoice was sent to this customer. He paid it and at no time presented there was an issue with paying it. As a courtesy to him, the contract was canceled without asking for proof of move documentation. At this time, if he wishes to void his contract, he will have to submit proof of move documentation to substantiate his claim that he has moved moved then 15 miles away from the *********** of move documentation can be a lease, utility bill, or HUD statement. Once the proof of move documentation is presented, the cancellation process is the same. All past due balances and the final invoice must be paid.  At this time they are paid so there is no further payments needed, however we now ask for proof of move documentation to solidify this customers claim that he has moved more than 15 miles away. 

  Customer response

  07/18/2023

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as Answered. 

  I returned to my home in ** that is in my parents name until September when my new lease starts. Happy to provide any financial statements, vehicle registration, Drivers license, etc for my ** address. Also happy to provide the September lease and insurance policy though any method of contact youd prefer.

  
  Businesses and Customers should be civil, courteous and polite in their responses to complaints. It is important to remain professional and productive when participating in the BBB complaint process.
  
  FAQ
  
  Regards,

  *******

   

   

• Initial Complaint

  03/20/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I’m filing this complaint to expose VP Fitness’ deceptive and unfair billing practices, and the aggressive, insulting treatment that I received from the purported owner in response to my refund request and subsequent decision to cancel my membership. I joined VP Fitness in January 2021 at a membership rate of $49.99 per month on a month-to-month basis and was assured that I could cancel at any time. In early March 2022 I learned that VP Fitness had increased my membership fee to $69.99 and had billed my account at this rate on three occasions, for a total of $60 in excess of the rate that I had agreed to pay. VP Fitness made no attempt to advise me of this and instead charged my card without my knowledge or express consent, relying on my prior authorization for automatic billing at the $49.99 rate. When I questioned the purported owner about this, he claimed that I had benefited from a special rate based on my tenancy in a building owned by an affiliated business and that he had no obligation to inform me or anyone else of fee increases since member accounts automatically switch to month-to-month after one year. I expressed that I was still a tenant in the same building and that increasing my membership fee by 40% without my knowledge or consent was deceptive and unfair, at which point he accused me of lying about my tenancy, record of which he apparently did not have on file. After some back and forth regarding this treatment, I advised him that I would be terminating my membership at the end of the month. He canceled my membership the next day and sent me a check for only the prorated $69.99 fee that he had already charged to my card. I thereafter left a curt-yet-respectful Google review, to which the purported owner replied with a series of deeply offensive ad hominem attacks on my character, gallingly asserting that he canceled my membership based on an alleged encounter with a purported employee that, quite simply, never happened. I would like my $60 refunded.

*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. ↩