Advice on Gym Membership Dispute

[paintnolish]

9 days ago I joined a new gym. My main reason for changing gyms? This one offered child care. You could either pay per hour or sign up for unlimited child care for an additional fee. I hadn't signed up for the unlimited, because I was unsure of if it would be economical for me.
Yesterday, I noticed a sign on the childcare door: as of September 1st, child care was discontinued. WTH?!? That's the reason I switched gyms!!! I voiced my concern with the manger and he said they were waiving the cancellation fee for people with the unlimited child care plan. I wanted my "activation fee" of $53 back and my cancellation fee waived. His supervisor said no. I am really upset because the manager had to have had SOME idea about the child care being cancelled when he told me all about the child care offered at the gym.
I am really angry about this. Of course, the contract has all kinds of stipulations about the member changing or cancelling plans, but it says nothing of the recourse a member would if if a gym changed their agreement.
I am waiting for the supervisor to return my call. Do I have any recourse, of did I just pay about $100 to work out for 9 days?

 

[The Mystery Machine]

Scumbags!

I don't know about contracts, it sounds like you were scammed basically.

 

[JessicaR]

9 days ago I joined a new gym. My main reason for changing gyms? This one offered child care. You could either pay per hour or sign up for unlimited child care for an additional fee. I hadn't signed up for the unlimited, because I was unsure of if it would be economical for me.
Yesterday, I noticed a sign on the childcare door: as of September 1st, child care was discontinued. WTH?!? That's the reason I switched gyms!!! I voiced my concern with the manger and he said they were waiving the cancellation fee for people with the unlimited child care plan. I wanted my "activation fee" of $53 back and my cancellation fee waived. His supervisor said no. I am really upset because the manager had to have had SOME idea about the child care being cancelled when he told me all about the child care offered at the gym.
I am really angry about this. Of course, the contract has all kinds of stipulations about the member changing or cancelling plans, but it says nothing of the recourse a member would if if a gym changed their agreement.
I am waiting for the supervisor to return my call. Do I have any recourse, of did I just pay about $100 to work out for 9 days?

Tell the manager you are taking them to small claims. Tell him you switched gyms primarily due to the child care policy that they JUST change a few days after your signing their contract. Tell him you are offering him the chance to do the right thing before taking him to court. Get all your money back - you are entitled to it and they know it.

 

[RunningGirl]

I'd also let him know you're calling the BBB. They get many, many complaints about gyms.

 

[FireDancer]

I can't believe your gym charges for child care. I belong to two gyms and both offer free childcare while you are working out.

I think by the letter of the law you are out of luck since most gyms add to the contract that they can change certain things and I imagine the childcare thing is one of them. For example one of my gyms changed hours recently.

I do think it is bad business not to waive at least the cancellation fee but I am not sure if it is a winnable case and unfortunately it would cost more to talk to an attorney than just eat the $100. The person who signed you up most likely knew they were discontinuing the child care but wanted to make the sale. Of course it wouldn't be the first time management made a decision anywhere without letting their employees know ahead of time.

 

[swanmom]

9 days ago? Did you pay by credit card? I'd dispute it. It's clear he was selling a feature/service that he knew was soon to be gone. (If you paid by check, maybe you still have time to stop payment.)

 

[paintnolish]

I'd also let him know you're calling the BBB. They get many, many complaints about gyms.

Done!

I can't believe your gym charges for child care. I belong to two gyms and both offer free childcare while you are working out.

I think by the letter of the law you are out of luck since most gyms add to the contract that they can change certain things and I imagine the childcare thing is one of them. For example one of my gyms changed hours recently.

I do think it is bad business not to waive at least the cancellation fee but I am not sure if it is a winnable case and unfortunately it would cost more to talk to an attorney than just eat the $100. The person who signed you up most likely knew they were discontinuing the child care but wanted to make the sale. Of course it wouldn't be the first time management made a decision anywhere without letting their employees know ahead of time.

I know I am probably out of luck. It just really suck, kwim? It's Cardinal Fitness, which I belonged to in the Chicago area- I really liked it and was happy to see one go in down where I live now.
The manager told me he just learned of it 2 days after I signed up. He said there was a lawsuit in the Chicago area because a baby got injured. I just feel screwed because he had to have heard some mumblings about it.

9 days ago? Did you pay by credit card? I'd dispute it. It's clear he was selling a feature/service that he knew was soon to be gone. (If you paid by check, maybe you still have time to stop payment.)

Debit card

 

[a1tinkfans]

9 days ago I joined a new gym. My main reason for changing gyms? This one offered child care. You could either pay per hour or sign up for unlimited child care for an additional fee. I hadn't signed up for the unlimited, because I was unsure of if it would be economical for me.
Yesterday, I noticed a sign on the childcare door: as of September 1st, child care was discontinued. WTH?!? That's the reason I switched gyms!!! I voiced my concern with the manger and he said they were waiving the cancellation fee for people with the unlimited child care plan. I wanted my "activation fee" of $53 back and my cancellation fee waived. His supervisor said no. I am really upset because the manager had to have had SOME idea about the child care being cancelled when he told me all about the child care offered at the gym.
I am really angry about this. Of course, the contract has all kinds of stipulations about the member changing or cancelling plans, but it says nothing of the recourse a member would if if a gym changed their agreement.
I am waiting for the supervisor to return my call. Do I have any recourse, of did I just pay about $100 to work out for 9 days?

OP: Document your Conversations (starting with who you spoke to originally and discussed the child care with you). Await the call from the Manager and in a really "nice" way explain what you believe they did (basically a bait and switch since they canceled the service you sought)
More importantly, if you used your Charge card (Always use a card ) you can call and start a discrepancy.......From experience with Golds Gym and a "hold" situation I can say that after my CC (chase ) came into play, I was promptly refunded and a lovely Manager took care of everything for me. Dont be afraid to tell them you will notify the BBB in your area (if they try and play hardball with you)
Best of Luck...hope it all works out!

 

[Buckeye Princess]

Gyms can be the worst. We belonged to Lifetime. When I joined I knew we'd be spending 4 months out of town for DHs job. I was told when I signed up that I'd have no problem suspending our membership without any extra fees since it was work related. When the time came, I was told too bad. We had to pay $15 a month to put the membership "oh hold". The person who signed me up even admitted to her manager that she told me that but he still wouldn't budge.

 

[We_Love_Disney]

did you tour the gym prior to signing the contract? Was the sign in a conspicuous location? What I am getting at is was it possible that you missed the information? Because if you did, then you bear some of the responsibility. That being said - I think the gym should let you out of the contract with no penalties. Why? Because eventually you will not need child care and they will want your business. If they are around that long, lol.

I would go up the ladder, stressing customer relations and misrepresentation etc. I would talk to the BBB. I would let the gym know that you will be telling your friends and family about your experience - good or bad.

If nothing else works, file a claim in small claims court.

Best of luck to you.

Susan

 

[kelleyrn2000]

That's not right I hope you can somehow get your money back, seems like false advertising, and they didn't fulfill your expectations. The manager should have the ability to give you a refund!

My bad gym experience was when I was in college. I paid up front for a full years membership (it was discounted if you paid in full). Well halfway through the membership, I got a letter that the owner was closing the gym due to family circumstances. I drove down there to see about getting a partial refund and they wouldn't even let me in the door! I wrote them letter after letter and finally gave up. Still a bit bitter about it!

ETA, OP, did you pay with credit card? I wonder if you could dispute the charge in this situation?

 

[Jennasis]

My gym doesn't offer child care...they just let the wee ankle-biters run all over the place while mom or dad run on the treadmill.

 

[msmayor]

I suspect that the reason that folks who paid the "unlimited child care" are allowed to get out of their contract is that it was KNOWN based on them purchasing the child care option that they NEEDED it and joined the gym because of it.

Not agreeing to purchase the child care ahead of time to use on a regular basis means the gym can't be sure you'll use it and therefore has no obligation to provide it or agree to let you out of the contract because its no longer there.

If they let you out of the deal, then there's nothing stopping anyone else who wants out for any other reason to just say "Well, you don't have child care anymore, and even though I don't use it all the time (or ever) I really wanted it so you have to let me out of the deal".

Nope...I think you're stuck.

 

[Imzadi]

What does the CONTRACT say about cancelling membership? Is there a time period where you can cancel after joining? I'd also dispute this with my credit card company.

Don't wait too long. The longer you wait, the worse it looks for you. Plus if there is a "cancel membership within ___ days," they may wait to get back to you till it's too late for you to do anything.

 

[sunnyday123]

Read your contract. Usually gym's have a certain amount of time after signing the contract that you can cancel with no fees. Your credit card company ( and I'm pretty sure debit cards aren't covered under the same regulations ) would only be able to do something if child care was in the contract. With the new Card Act that passed, credit cards are getting tight on what they will do or even try for someone, they don't want to be out the $$.

I have found that making a big 'ol stink in the middle of the lobby works wonders.

 

[paintnolish]

The sign was NOT up when I toured the gym, or even the first week I was there. I Sat. and Sun. off and saw the sign on Tuesday. The girl that ran the childcare told me she had just found out a few days ago.

 

[disneyofcourse]

Oh wow, for once on the budget board I agree you need a way to get your money back! So sorry that happened, that's pretty wrong of them.