KM RETURNS! (With a semi-BS story)
In August of 2006 I renewed my contract at my gym. I had been a member for 2 straight years. Each year I paid in full, cash, and before I even started working out. August of 2006 ended my two years at the gym and I looked to renew, although this time (because of full time school) I could not possibly afford to pay the $700 a year up front, I could however foot the $60 dollar a month contract.
Around 3 weeks into my contract I had to leave my job because of conflicts between work and school, my job basically told me they couldn't keep me if I couldn't work certain hours that school already took up. I put in my two weeks and left shortly thereafter.
It was then I realized I had to cancel my contract because I no longer could afford it, nor did I even have time to go up there because of school. I think I had worked out a whooping 2 times since I signed the contract and hadn't set foot in there for a few weeks.
I reviewed my contract and saw that I had 30 days to initially cancel my contract. The only clause was that it had to be in writing. I quickly emailed the owner/my trainer and explained my situation. I had contacted him and conversed with him many, MANY times before through this means so I figured it'd be an acceptable measure.
The first two months passed fine with no calls, so I figured he had canceled the contract. Around December of 2006 I received a letter in the mail from ASF ( who often deal with contracts of gyms) that informed me I did not have sufficient funds on my credit card ( I'll get to this in a bit ) for being charged. For one, I did have the funds, almost $500 and second, I paid by check so why would my credit card be charged?I suspected a fraud/phising scam at this point and choose to ignore, I guess this was a small mistake on my part.
Less than two days after this initial letter I received my credit card statement. It was for the previous month up to within 5 days of myself receiving it, so around November 15-December 10. There were over $250 dollars of charges from ASF with the statement "XXXXX Kickboxing" which is my gym. I had an idea of what was happening so I immediately called the gym.
My former trainer of two years and owner of the gym was rather apprehensive about it. At this point he said he could cancel my contract but not refund me the money. I asked if I could come by to speak with him about this because he was currently teaching a class. He told me to come by in the next hour.
When I arrived he seemed to be in an annoyed mood. I asked for a copy of the contract. Upon reviewing it again, just to be sure, I saw that I had listed my credit card number but in the two portions on the contract that asked for it had not authorized the billing of my credit card. He instructed me I did authorize it by signing the back. The back, upon review, was the medical waiver and had no mention of the billing of my credit card. I told him I did not agree and he instructed me that any part I signed on the contract was good enough to charge my credit card.
I instantly asked why would there be two parts on the contract that called for initialing and signing to authorize the card. He became enraged and told me to take my conflict up with ASF as they handle his contracts. I left shortly thereafter.
I called my bank the next morning and canceled my account and seized the remaining funds. I filed a fraudulent charge report with my bank and that is where I am at today. My bank is in the final stages of retrieving my money from the charges from ASF, I expect a refund in the next few weeks.
I guess after the story I'm left to ask, does this happen often? With McDojos, or reputable gyms, or just low level ones? I am shocked over all of this as I was a loyal customer to this gym for 2 straight years with prompt payment and never a disagreement. I felt my written form, email, was sufficient enough as I had written multiple times (as little as a month before) and received responses. I guess that is my fault but the fraudulent charges are another thing. Any similar experiences?
Hmmm, not sure what Sam B. would say but I would hit up the BBB with a report and explain exactly in graphic detail what happened to you.
I had a situation with my cell phone company wanting to charge me a cancellation fee for changing phone service like week before my 2 year contract was up even though I was paid well into the end of my contract, similar to paying your rent up on a lease but deciding to move early. Anyways, a few days later, I recieved a call from my phone company (although they didn't admit any wrong doing on their part) and they waived all the fees.
Anyways, I heard of a lot of McDojos having hidden crap in their contracts but haven't heard of any reputable gyms but that doesn't mean they aren't out there. The fact that the own was acting strange was a warning sign. If Sam B doesn't post on here within a few, he's usually good, then you shoudl PM him and see if he can point you in the right direction. I would have a lawyer look at the paperwork and see if there is anything on that contract that allows them to remove funds from your account.
It was definitely weird. I had never had a single problem and I saw him nearly every day for two years. Never once a dispute in training and always "yes sir" "no sir", I definitely figured he wouldn't have a problem discussing over it, kind of shocked me.
Regardless I was able to rectify the situation just kind of wish it didn't amount to that. I planned going back when funds were back in check.
You ought to read the forum on Larry Lonis if you want a real insight to Mc Dojos. Pack a lunch though.
you can go ahead and leave again
Were you inside the 30 day cancel period?
Even if you were, email isn't writing.
Curious. Did you properly communicate to him why you had to take a leave of absence?
Was there ever any type of written feedback that was communicated regarding level of service and satisfaction level?
You're just mad I blocked you on AIM. It's okay, you can find another person here to share your gay stories with, if you already haven't.
Originally Posted by MEGA JESUS-SAN
Well inside of it. I agree an email was not the best choice of carrying it out but I figured I could use it since I had maintained correspondence over the past 2 years with it. Once again, my fault but it was definitely not grounds to make unwarranted charges.
Originally Posted by JohnnyCache
Within the email yes, in person he didn't ask nor did I give a reason just that the contract had to be ended.
Originally Posted by PizDoff
I'm not so sure that would have even been worth the paper it was written on. When I left it was clear that he was upset and I didn't want to prolong my involvement with the gym any longer, even if it resulted in me just giving my opinion. I didn't want to stir the fire up anymore, I was done with it.
Originally Posted by PizDoff
The email to which I talked to him is listed on the gym's website and business cards as "Gym Email".
you blocked me on AIM?
... I have your AIM?
Yes, you used to IM me a lot. PM and we can discuss, I don't want to detract from the true intentions of this thread.
Originally Posted by MEGA JESUS-SAN
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