LA Fitness Personal Training - Blind Contract - Verbal Agreement - Breached Contract Highland Park, IL Nationwide

 In September of this year, I decided I would give a gym membership one last try.  I have had bad experiences in the past and been misled by the sales people -- had information omitted and signed on the dotted line.

Apparently, I'm still gullible enough to fall for the shady deals of big name gyms.

I signed up for a fitness membership -- paid my join fee of $150 (approximately -- it was a "special").  Paid my monthly $50 and thought, hey.. this is pretty great.  I was told I could freeze my account at any time if I needed to for any reason and just start back up again when I was ready.

Then my sales man Eddy told me about personal training -- he suggested I give it a try and wow, it was also great!  My trainer was fantastic! When he sat me down afterwards, it was, 'here, I'll get this set up for you real quick..' and never once was I showed my agreement.  The "Agreement" I came to was a verbal agreement with Eddy.  I was told to click boxes and sign on a terminal electronically.  Before I did so, I CLARIFIED carefully.  This was a big expense I was adding to my monthlies.  $180!  Yes, it was less than my car payment which was going away shortly.  Okay, but I CAN FREEZE MY ACCOUNT at any time, right? Yes, I was told, you can freeze your account at any time.  Any training sessions you have on file just roll over.  GREAT! 

Two weeks later, my fantastic trainer was getting a promotion but my membership didn't cover his services.  If I wanted to stay with my awesome trainer, I needed to pay more.  Well, I like Ricky a lot, he's really good.. so yes, I'd like to stay with him.  $208 a month!  WOW! 

Then I got hurt.  Achilles Enthesopathy.  I can't do any impact workouts and training in general aggravates and hinders my recovery because the tendon gets stretched or strained too easily.

So I put my membership on hold.  No problem.  Super easy!

Until 11/28 when all of a sudden, here comes a $208 charge!  I called tonight and was told, "well, no, your training contract is separate from your fitness membership."  I asked, "Can I use my training without my fitness membership?"  "Nope."  "Do I have a different account for my fitness membership?"  "Nope."  "...so.. I can't use it without my fitness membership.. but my membership is frozen.. Eddy told me I could freeze my account whenever I needed to."  "You can.. for your fitness membership.. but the personal training is a separate contract and it's a non-freezable, non-refundable, 52 week contract." 

I told the club manager that information was OMITTED when I specifically asked if I could freeze my account.  He said, "I can put you through to customer service."

Really.

I called and spoke to "Justin" who told me the same thing.  He confirmed my email address and said, "well we have your contract on file here."  I said, "I was told I was being emailed a RECEIPT, not a contract.  I also agreed to a VERBAL CONTRACT that was different than what you are telling me now.  The laws in California where you are incorporated are such that a verbal contract is binding." I was told I could get a note from my doctor and if my injury meets their criteria, I can cancel all future payments.  I told him again that's not the agreement I came to and the digital bait and switch was no a good look for them. 

When I asked to speak to a supervisor, Justin was magically a supervisor.  I had to ask repeatedly for HIS supervisor.  Finally, he put me on the phone with a woman named "Lorraine."

She gave me the same spiel.  I explained that the thing she's looking at as my "contract" could have easily been switched and based on what the VERBAL agreement was, our contract was in breach and they needed to refund me the $208 they just charged me.

She refused.  I asked her for a street address as opposed to the P.O. Box 55088 I was given to send my doctor's note for them to "review."  I'm afraid to take a bet on whether my injury will be deemed "disability" or not.

She refused.  I told her that the street address of the corporation is not private information and she needed to provide it upon request.  She kept telling me she didn't have another address to provide.  I told her she needed to put me in touch with her supervisor.  Apparently, Zanoni, her supervisor is in Florida and has already gone home for the night.

At this point, I feel completely duped.  The agreement I signed was the agreement I looked into the eye of the sales rep and signed for.  The agreement I was sent is DIFFERENT and I was told if I didn't like my training, I could cancel in 10 days.  I LIKED my training!  Why would I cancel?

Except oh yeah.. you guys totally misrepresented my rights to me, to my face and let me sign off on it. Shady Deals 201.  I'm a graduate now of the second level course since I didn't learn my lesson the first time.