Public Mediation

answer is fitness-Dispute-#6014042

J. D. vs. Answer Is Fitness
15 John L Dietsch Blvd, Attleboro Falls, Massachusetts, 02763, United States
Amount Involved: Other terms
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Answer Is Fitness
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Statement of Claim
Complaints Involved (4) - View
Claimant says:
"They insist on charging me a monthly rate when I haven't been there in many months and refuse to cancel my acount while they keep charging me month after month"
...
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Additional Communication Between Claimant and Answer Is Fitness Hide
  • Nov 19, 2012, Answer Is Fitness (responding party) added:

  • You owe the club money because you are past due and still in an agreement. If you want to cancel early please adhere to the guidelines that are in the agreement. We did nothing wrong so we are not going to just cancel your membership especially when you owe the club money.

What Claimant Wants Hide
Just make me happy!
Claimant invites Answer Is Fitness to make a fair offer to resolve this complaint.
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:

  • "You signed up for a 24 month membership and your agreement is not up until Jan 2013. You can cancel then as long as you pay all payments to satisfy the agreement. You came in to cancel and our front desk staff notified you that your account is number 1 over due, and 2 your in agreement until Jan 2013. You stated your not going to pay. At this point in Jan 2013 you could cancel because your agreement has been satisfied. You said you were not going to pay and you haven't. If you are moving 25 miles away, have a doctors note stating you can't use the gym for more than 3 months or your job has moved we would gladly cancel you. You will still owe the past due. Other than that we fulfilled our end of the agreement and we expect you to do the same. I have all the documents and notes on this account and if needed I will provide them. Nothing has been misrepresented. Everything is in the agreement which he has signed in multiple spots to aknowledge he understands. We did absolutely nothing wrong. He states we won't cancel his account. This is because you cannot cancel until your agreement is up and goes to a month to month basis. Also the account is past due which is another reason we will not cancel the account. Non use of the facility is not a valid reason for cancellation. This is right on the agreement."

This claim will remain posted until resolved.

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  • Comment: by Jennifer Sheehy — Online mediator
    • On: 12-04-2012
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  • Here, you have signed a membership agreement that seems to be a two year agreement. Usually, these contracts have some options to cancel the agreement (which the respondent sites), but because it seems you may have fallen behind at some point in your payments, you do owe past payments per your agreement. If you are unable to come up with the past due payments, perhaps you can come to some sort of payment arrangement to catch up to a point where you will be able to then cancel your membership.
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