After reading my below gym post, read this one
Flex Gym in Smyrna, 6670 New Nashville Highway. 462-6593.
So this time I made what seemed like a pretty good offer to them. I asked them to change the 2 year contract to a one year contract. Monthly membership fee for a one year is $54.98 plus tax. Monthly membership for a 2 year is $44.98 plus tax. I offered them the difference for the months we already paid, plus the rest of what would be a one year contract all up front. Total came to $329 and some change. Would have completely satisfied the obligation for a 1 year contract and would have released us to go to a gym where they 1) didn't lie about the services they offered, 2) had some people skills, 3) had up to date equipment (none of which exist at Flex Gym). I typed up a nice spreadsheet explaining exactly what I was offering.
Doug, the owner calls me and says he would allow us to pay out the 2nd year in full and then convert our monthly payments to the monthly payments of a 1 year contract, effectively ADDING to our total payments. Are you KIDDING? Why would we pay you MORE for substandard services that we are trying to get away from? I told him no, of course. The thing is, he thinks that his contract ties us to only use Flex. I am contending that their product STINKS and I don't want to pay for it anymore.
Here are my gripes:
1) Cindy was promised certain classes, Yoga, Pilates, Cardio Kickboxing--they don't have any of these and haven't had them since September
2) Their machines are ancient. I like to use ellipticals. They have 3 with the arms that work. One of them is usually broken and the other two are not smooth operating. Plus, the position you stand on them is very uncomfortable on the back
3) They can just plain be rude. I don't expect 5 start hotel service, but at least say hi when you walk in or say bye when you leave. Even before all this mess, they were rude.
4) There are MUCH better gyms at cheaper prices in Smyrna. Even the Town Center is better!
I admit we signed the contract and therefore we are obligated, but most contracts have some kind of way out if the product does not pan out to be what you were promised! These people are totally unreasonable! I am so angry I could spit!
My next step is to contact the Consumer Affairs Division. They are the ones that have the Consumer Protection Act.
I wonder why this business does not see the value of having happy customers. I mean, I offered a reasonable way for both of us to end the relationship on good terms and not have to do all this mudslinging but they are unreasonable! I believe in the importance of contracts. I think our economic system is built on the enforceability of contracts. My job depends on contracts. But even in real estate, if the product does not fit the initial expectations (fails an inspection, etc.) you can get out of the contract.
Showing posts with label contract. Show all posts
Showing posts with label contract. Show all posts
Monday, February 1, 2010
Thursday, January 28, 2010
A little out of the ordinary for me
Ok, those of you that know me, know that I am generally a pretty happy-go-lucky kind of guy. You also know that if I am passionate about something, you will most likely hear about it. When I get some fantastic service or find a fantastic product, I am a great spokesperson for it. Generally, when I get bad service or a bad product, I keep it to myself unless it is just horrendous. That is the case here.
Most of you know that Cindy and I both struggle with weight issues. We don't eat the best and don't exercise enough (makes us normal, right). Well, we are always looking to improve this. Cindy's favorite way to exercise is in classes, like Yoga, Pilates, Cardio Kickboxing, etc. Well, back in July, Stephanie told us about the great new gym that opened right down from our house. They were offering cardio kickboxing and were going to expand their offerings in the very near future. I was out of town so Cindy went and checked it out. She liked the owner a lot and the owner told her the same spiel about expanding class offerings. Cindy signed the contract. She attended a few classes (which were at odd times, like 2PMon Tuesdays and 10 AM on Saturdays or something like that). Then, abruptly in September, they quit offering the classes altogether due to "lack of interest". Cindy quit going to the gym because that was the whole reason she went. I kept going (though somewhat sporadically) because I used the (very old and decrepit) elliptical machine. December rolls around and we realize that it is stupid to pay $50 per month for a service we don't use enough because they don't offer the same product we signed up for. (Here is our first mistake) So we asked them to release us from the contract and offered a settlement. They said no. We wrote them a letter telling them we could not afford it anymore. What we should have said is that we did not want to pay for a service there that they did not offer and still have to pay for it elsewhere. They again said no. I did some research into the consumer Protection Act and found that:
"47-18-303. Unenforceable health club agreements. — A health club agreement shall be unenforceable against the buyer, and the buyer shall be entitled to a refund less that portion of the total price which represents actual use of the facilities and less the cost of goods and services consumed by the buyer if:
(1) The buyer entered into the agreement in reliance upon any false, deceptive, or misleading information, representation, notice, or advertisement;
At this point, I contacted the Better Business Bureau and filed a complaint explaining my issue. I also included a link to the gym's website where they advertised "an amazing array of freeweights, training classes...". In addition, I called the gym posing as a prospective member and asked if they offered any classes (this was January 14 or so). The owner said, "no, we had to cancel them due to lack of interest. We will look at having them again in February." I said thanks. So the owner's response to my BBB complaint was that they did offer classes. I went in today and saw that they offer one class, Endurance Boot Camp, 3 times a week. Wednesday during church time, Saturday 10AM (the only doable time for us) and Sunday at 2 while I am at Play practice and they don't offer childcare. I re-submitted all this info and am now waiting on the next response. I don't think I am being unreasonable. I have offered a settlement and they won't even counter the offer. If I offered too little, they should say, "how about this much instead." My question is, why would they want me to stay there? I will do way more damage spreading bad will about their business. I have purposely not included the name of the business and won't unless the company still does not see how freakin terrible their customer service is. You tell me, am I being unreasonable? Be honest and provide some insight for me.
Most of you know that Cindy and I both struggle with weight issues. We don't eat the best and don't exercise enough (makes us normal, right). Well, we are always looking to improve this. Cindy's favorite way to exercise is in classes, like Yoga, Pilates, Cardio Kickboxing, etc. Well, back in July, Stephanie told us about the great new gym that opened right down from our house. They were offering cardio kickboxing and were going to expand their offerings in the very near future. I was out of town so Cindy went and checked it out. She liked the owner a lot and the owner told her the same spiel about expanding class offerings. Cindy signed the contract. She attended a few classes (which were at odd times, like 2PMon Tuesdays and 10 AM on Saturdays or something like that). Then, abruptly in September, they quit offering the classes altogether due to "lack of interest". Cindy quit going to the gym because that was the whole reason she went. I kept going (though somewhat sporadically) because I used the (very old and decrepit) elliptical machine. December rolls around and we realize that it is stupid to pay $50 per month for a service we don't use enough because they don't offer the same product we signed up for. (Here is our first mistake) So we asked them to release us from the contract and offered a settlement. They said no. We wrote them a letter telling them we could not afford it anymore. What we should have said is that we did not want to pay for a service there that they did not offer and still have to pay for it elsewhere. They again said no. I did some research into the consumer Protection Act and found that:
"47-18-303. Unenforceable health club agreements. — A health club agreement shall be unenforceable against the buyer, and the buyer shall be entitled to a refund less that portion of the total price which represents actual use of the facilities and less the cost of goods and services consumed by the buyer if:
(1) The buyer entered into the agreement in reliance upon any false, deceptive, or misleading information, representation, notice, or advertisement;
At this point, I contacted the Better Business Bureau and filed a complaint explaining my issue. I also included a link to the gym's website where they advertised "an amazing array of freeweights, training classes...". In addition, I called the gym posing as a prospective member and asked if they offered any classes (this was January 14 or so). The owner said, "no, we had to cancel them due to lack of interest. We will look at having them again in February." I said thanks. So the owner's response to my BBB complaint was that they did offer classes. I went in today and saw that they offer one class, Endurance Boot Camp, 3 times a week. Wednesday during church time, Saturday 10AM (the only doable time for us) and Sunday at 2 while I am at Play practice and they don't offer childcare. I re-submitted all this info and am now waiting on the next response. I don't think I am being unreasonable. I have offered a settlement and they won't even counter the offer. If I offered too little, they should say, "how about this much instead." My question is, why would they want me to stay there? I will do way more damage spreading bad will about their business. I have purposely not included the name of the business and won't unless the company still does not see how freakin terrible their customer service is. You tell me, am I being unreasonable? Be honest and provide some insight for me.
Subscribe to:
Posts (Atom)