24 Hour Fitness The Semantics and Acts Behind Contractual Breach Carlsbad California

I recently wrote the corporate Member Services at Family Fitness regarding the following:

"I have been a member in good standing with 24 hour fitness since 2005. I recently attempted to gain access to the facility located at 8697 Irvine Center Drive, Irvine, CA 92618. I was that I did not have the appropriate membership to gain access to this club, even though I have visited the club on numerous previous occasions.

When I originally purchased my membership, I was told that my lifetime membership would give me access to all clubs with the exception of Ultra Sports, and there were only around 7 of them in the country.

There appears to be some form of an attempt to reclassify clubs and memberships that is degrading my membership and access to facilities. In this instance, the facility referred to has a basketball court, and has since I originally became a member. The only change that I see that was made was the corporations sudden decision that I could no longer enter based upon the reclassification of either my membership, the club or both and, I can only assume, the long needed replacement of the outdated monitors at the facility.

In short, I would like you to honor my right to access facilities such
as the one indicated, and believe my contract (apparently a "KEEP FIT" Membership) gives me the right to access all clubs at or below the Super Sport level."

The following was given in response:

"Thank you for your email. We value your membership and appreciate the opportunity to service your fitness needs..

You purchased the Keep Fit All Club Sport Yearly renewable agreement. You paid $582.88 up front and are now able to renew your membership for the low payment of $79.00 annually. As you purchased the All Club Sport agreement, you have access to all of our Sport, Active, and Express level gyms. This does not include access to Super Sport or Ultra Sport locations. And as such you do not qualify for access. To receive access to Super Sport or Ultra Sport locations an upgrade would be required.

For your convenience and review a copy of your agreement will be emailed to you within 24 hours. You may review this agreement for further information on the terms and conditions of the agreement you purchased.

We wish you and your family continued success with your fitness goals.

In good health,"

To Which I responded:

"Again; you appear to be engaging in the reclassification of your facilities and my membership rights in order to reduce my benefits under contract. My contract indicates that indicates that it is a "Keep Fit" membership and not a Keep fit - All Club Sport membership. Also, the club that I was denied entry to has not changed in any substantial way, other than the re-naming convention you are using to attempt to reduce my contractual rights.

According to one of your staff, your future intent is to open only Super Sport and Ultra Sport locations, which would appear to be a corporate policy to further oppress Member's rights in their contracts.

I will again note that until recently, I was always told that I had access to all the clubs in the United States (and perhaps even beyond the US Boarders) with the exception of the Ultra Sport locations.

As to the nature of my low payment; this contract was offered and made by your company, and I accepted its original terms. I do not accept policies that ebb and flow with the tide of latent onlookers to the preexisting policies, facts, and terms.

This answer is not satisfactory, and I would like the ticket re-opened and forwarded to someone with the power to resolve the issue, and and someone who also has an understanding of the company and its policies and membership naming conventions since the date I purchased my membership. In fact, I would like the issue forwarded to your board of directors so they can research the issue and understand the acts and facts that have led to my dissatisfaction.

Thank you,"

To which I received the following response:

"Thank you for your response.

As stated in the former email you purchased a Keep Fit: All Club Sport agreement, not All Club Super Sport or All Club Ultra Sport. As such you do not have access and I am unable to give you access. To dispute your access level you may send a formal, written request to our Corporate Offices at P.O. Box 2689 located in Carlsbad, California 92018.

We wish you and your family continued success with your fitness goals.

In good health,"

In an additional e-mail I also received an alleged copy of My original contract that is altered from the original copy that still have in my posesstion. The upper Right hand Corner of the Original conract reads:

"Single

Keep-Fit

All Fit Lite, Express Clubs, Active Clubs, and Sport Clubs."

The copy that was sent to me by 24 Hour Fitness reads:

"Single

Keep-Fit

All Fit Lite, Express Clubs, Active Clubs, and Sport Clubs.

Does not include access to Ultra-Sport and Super-Sport level clubs."

Funny thing here is that there was not even a place on the original contract to place the additional information that now appears on 24 Hour Fitness' alleged copy of the contract.

At the time I entered into this contract, there was not even a mention of the additional Super-Sport level of Club and I do not even beleive it existed at the time of contract.

Needless to say, I remain dissatisfied with this issue

Anyone with any additional information out there?