Custom Training And Affiliated Acceptance Consumer beware of personal training "contracts" Union New Jersey

I periodically check on Custom Training and Michael Ranieri. Every other month a new report appears stating the same things, one man show, unprofessional, beware, non-refundable, pushy, etc. I am never suprised by this but I do wonder how many people it will take for NJ to take action against him.

Please buyer beware, Michael Ranieri, Custom Training, Lean Bodies - all a fraudulent operation and I am still suprised Union, NJ or Union County hasn't done anything based on all the complaints about this establishment!

Check out NJSA 56:8-39 et seq. carefully and then file for refund in small claims court. Also, read up on how NJ sued 5 health club operators on the WEB June 7, 2006 for not posting the necessary bonds, failing to include provisions in their contract that notified consumers of their rights and the article dated 1/6/09 on how closed hoboken health club agrees to reimburse consumers for paid memberships.

On 5/29/08,
She, came to my personal training facility to contract our organization to personally
train her for fitness. I sat down an explained to her the three programs to her: 15 sessions, 6 months and 1 year. The 15 sessions are paid in one lump sum. With regard to the 6 month and 1 year programs,1st and last payment is received in advance and the remainder of the balance is drafted in equal installments until the balance is satisfied with an agency , Affiliated Acceptance Corporation, that I have contracted to do so. With regard to Miss Clark, she decided to sign up for the 6 month program. I clearly stated to her that once she signs up for the program and signs the contract for the terms and payment, there was no refund.

The contract states:

CLIENT'S RIGHT TO CANCEL:
This agreement represents the entire agreement of training with Custom Training, LLC, hereafter referred to as the corporation and no other representations are made than what is agreed to in these agreements. In recognition of the possible dangers connected to any physical activity, the Client agrees to indemnify the corporation, its officers, agents, employees or trainers for all costs incurred in respect to any legal action involving the client or any person in care of the client. The client's failure to use the training package will not relieve the client of payment nor will it entitle the client to any refund for unused sessions. This training package will expire 60 days after the last attended session, or by the expiration date listed above, whichever comes sooner. This agreement shall be interpreted and enforced pursuant to the Laws of the State of New Jersey. This Agreement binds all successors and assigns of Custom Training, LLC. and the Client.

Training Agreement Cancellation: Other than provided for in this agreement, the Agreement cannot be cancelled or transferred and is non-refundable. The client acknowledged having read and understood this Agreement and has received a completed, signed copy of the Agreement.

She agreed, filled out the contract and signed it. The sessions were taking place and periodically I asked her if she was happy with the program. She told me, Yes I am. I assumed everything was fine? Three weeks went by and I received a phone call whereby she told me she closed on a house sooner than expected and she would only be able to finish the month off and could not continue her program..
I told her that I was sorry to hear of that but she signed a contract for a six month program and the contract stated that it could not be cancelled or transferred and non-refundable. (Please see the contract that I faxed you) She claimed to not have known that and if there was any way we could work something out. She told me to fax her the contract and I did. I told her that I did not cancel contracts and the drafting by the agency would still occur. She told me that she would not be able to pay the balance because there was no money in the account. I told her that there are penalties for defaulting on her financial obligation and one of them would be that the drafting agency would report any default in payment after thirty days to the credit agencies and urged her to re-consider. She told me that she wasn't happy with the program. I asked her what was wrong? She told me that she didn't like the way I trained her. I asked to let me know what she didn't like. She told me, that she didn't know exactly?. I asked to let me know what I could do to satisfy her. She said, I don't know? I don't like coming there. After talking some more she told me that the schedule wasn't working for her. I asked her if she preferred different hours? She said, she would let me know when she had to change her schedule when she moved in August but for now the schedule was fine. I asked to continue coming in for her sessions and she agreed. I scheduled her and she NEVER showed up for her sessions. The next week I got and email from her telling me not to put her on the schedule and that she didn't want to come in anymore. She went from not wanting to come in to coming in to not showing up? All I wanted to do was help her realize her fitness goals. I just think she wasn't interested anymore and was trying to get out of training? She, then, emailed me to tell me that she called the drafting agency to stop the drafts and that she would receive paper statements. I emailed her to tell her that that was fine. She would pay the agency and the agency would pay Custom Training. Three days later I received a check in the amount of $1,820.00 to satisfy the balance. I emailed and called her several times to come in so the the sessions were going to be honored. I never got a call back. At Custom Training we tried everything to satisfy her. Nothing could make her happy.

Update to website address and company name ...

After contacting Affiliated Acceptance Corporation they said they will stop the drafts with written notice and that Custom Training only gets paid when they get paid, which for me was 3 more time totaling $1,820.

So Affiliated did not front the contract to Custom Training. Therefore, Custom Training is TAKING money when they have done nothing to earn it. They are OUT NOTHING BUT INSIST I PAY THE BALANCE EVEN THOUGH I AM UNHAPPY WITH THEIR METHODS AND PROGRAMS AND THEIR IS ONLY ONE TRAINER - - BUYER BEWARE. This contract I signed (again shame on me) had NO termination clause. It was very one-sided ... talk about customer satisfaction!!!

Interestingly enough Affiliated gave me the same speech Custom did about signing a contract for a car or a home and compared training to to that! I think they all sat through the same training to learn how to DEFEND their business practices. Too bad they haven't realized they are in the SERVICE industry.

Anyway - UPDATE I rescinded payment of the remaining balance of $1,820.