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Report: #379678

Complaint Review: Ladies Workout Express - San Leandro California

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  • Reported By: san leandro California
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  • Ladies Workout Express 13754 Doolittle Drive San Leandro, California U.S.A.

Ladies Workout Express Lied about contract San Leandro California

*REBUTTAL Owner of company: LWE A Victim of Irresponsible Adults

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May 2007 - went into Ladies Workout express grand opening, I spoke with owner Crystal Nusom. I told her since I had bad knee and back and been dianose with fibromyalgia that I needed something with no contract. She stated she would put me one a 16 week program, and after the 16 weeks it would go into month to month basis.
Six months later my body gave out and could not work out any more, I told them to cancell membership that is 35.00 a month. They told me a had a 3 year contract, that I was in.

I call their head quarters, and one lady told me that I had fullfilled my agreement and that I should be able to get out, but only Crystal could stop payments. Spoke with Crystal she stated only if I work out for 16 more weeks then she would let me out of contract.

I confront her with agreement we had in May 2007, she denied such a thing. They told me my doctor could sign their medical form. So my doctor signed it, but they refused it, saying that since I have a pre-existing condidition that they refuse to honor it. My doctor stated that my fibromyalgia started in 1998 but had worsen that I couldnt work out, they told me that the doctor needed to changed the 1998 to 2008. I told them he signed it 7/29/08. But they refuse to honor it.

I have gone in there twice and spoke with them face to face, and they just lie to my face, I have asked Crystal to meet with her Pastor and her, she refuses. I have talked with two other ladies who have simialar experiences with them. Their names are Lisa and Carmen. I had asked Crystal one time how they made it cause it is always empty in there, she said with the contracts. Now I understand that statment. Can you please help?

Jilly
san leandro, California
U.S.A.

This report was posted on Ripoff Report on 10/09/2008 09:25 AM and is a permanent record located here: https://www.ripoffreport.com/reports/ladies-workout-express/san-leandro-california-94577/ladies-workout-express-lied-about-contract-san-leandro-california-379678. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
0Consumer
1Employee/Owner

#1 REBUTTAL Owner of company

LWE A Victim of Irresponsible Adults

AUTHOR: Norcaligirl75 - (U.S.A.)

POSTED: Wednesday, November 05, 2008

I am responding to the claim filed by Jill Alarcon. She did in fact join our club in May 2007 on a 16 week Guarantee program. Upon signing up for this program she was very clearly given the guidlines for it. Every participant signs a three year agreement it is standard and is to protect our business. In no way shape or form was she ever told that after 16 weeks this would go to month to month, nor any of the paperwork she signed with her own signiture reflect such a membership. What she signed states as follows:
I Jill Alarcon understand to be eligible to cancel my membership at the end of my 16 week trial period, I must follow the following guidelines listed below:
1) I must use the club 3 times per week for 16 weeks.
2) I must have my card validated by an employee of Ladies Workout Express each visit.

3) I must deliver a written notice to the club within 7 days after the end of my 16 week trial period (a 30 day processing time required).

She signed not only one copy of this agreement but three copies of this agreement, along with a standard agreement of our club which also states on the front of it :
Consumers right to cancellation: you the buyer, may cancel this atgreement at anytime prior to midnight of the fifth business day of the health club studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement mail or deliver a signed and dated which states you the buyer are cancelling this agreement or words of similar effect. such notice should be sent to Ladies Workout Express at 13754 Doolittle dr. San Leandro Verbal cancellations will not be honored. In other words she had 1 week to cancel her membership for any reason, she did not excercise this right

Of the first three steps above she did the first two. But not the last step. In order to cancel the 16 week trial after completion, you must deliver a notice to the club within 7 days. Or else you are forfeiting your right to cancel this agreement. She continued to workout regularly in this club until November of 2007. At which point she spoke to my employee who informed her that she was not eligible for cancellation and would need to speak with me. When she called me she said that our hours didnt work for her anymore because they changed her schedule at work and that the "Castro Valley" Club had better hours, and this was why she needed to cancel. Not once during this point was a disability brought up to me. I told her that she was ineligible for cancellation at this time, however out of the kindness of our hearts and as a courtesy to her for being a good member, I would allow her to repeat the same 16 week program, and upon successful completion of it, we would cancel her agreement with no further obligation to our club. She said "why would you want me to workout there when I dont want to, arent you afraid that I will bad mouth your club". I told her that the decision was hers, she could continue to pay on her membership or redo the program.
Over the course of the last year, she has come into our club not once or twice but three times demanding that we cancel her membership. She started screaming at me in front of other members telling me I was lying and that I should be ashamed to call myself a Chrisitan, and that I needed to sit down with her and her pastor and my pastor to explain why I was lying. I explained to her that this was a business transaction not a biblical one and I would not be dragging in my clergy for something so ridiculious. She also called our third party billing department on several occassions and hung up on them as well. She also called and harrassed our corporate headquarters, they directed her to the head of customer service. Customer service called and spoke with me and after careful investigation of the matter sided with the club, telling her that she was going to have to bide by the rules of the agreement she signed.
She then started to claim she was disabled. We did know that she had fibro, however it never bothered her once while she worked out regularly for six months.
When she told me that she couldnt repeat the program due to disability, I told her to submit a disability form from her doctor to the billing department. She did, however the date of the disability was from 1998 which makes it a preexisting condition, and our third party billing told her that she if she became worse that the doctor would have to update the date to reflect after her joining date. She has not provided this documentation. In fact she has not provided any documentation of any kind. All she has is here say. She claims that there are two other members with the same claim, only I have no member named Carmen, and the only Lisa has been a member for three years and has never had a complaint or ever tried to cancel. What I think this is a case of is buyers remorse, she didnt read what she signed and when she realized it, it was too late. This does not make it our problem. Everything was clearly explained to her, and she was given signed copies of everything to take home and read, which clearly she never did. Many people join gyms everyday with the intention of using them, I happen to have like other gyms many people who pay their monthly dues and seldom use the facility. But it doesnt mean that everyone who doesnt utilize the club should be allowed to cancel, if this was the case then no gym large or small would be in business. We have successfully signed hundreds of ladies on similar programs, and many of them have cancelled after their term, because they followed their agreements like they were told to. Others have opted to stay here because they love the personal attention they recieve and that its ladies only. I believe Jill should grow up and follow through with her commitment that she made.

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