Fitness club members spinning with rage
February 11 2008 by Ellen Roseman
Most people tell me they want to get out of a fitness club contract. They think they’re signing up for one year, but keep getting payments charged to them in perpetuity.
But this week, I heard from a fitness club member who wants to get his contract back again. He was cut off for the crime of complaining too much about his club’s shoddy maintenance.
I’ll let Paul explain his case below. But I just want to say he’s one of several members of the Dunfield Club in Toronto, recently taken over by Extreme Fitness, who have written to me lately. Others are upset about the marketing campaign, which they think is misleading, and the overcrowding that results from excessive promotion of low-cost introductory rates.
Then, there’s always Premier Fitness and its attempts to keep collecting fees from people who assumed they had long finished with their memberships. That story never dies.
Paul
Feb 12 2008
I was a Dunfield Club member for 24 years. I never signed a contract with Extreme Fitness, which took it over last year. I believe I was “grandfathered” in.
The most recent ocntract I can find is dated September 1994 with the original owners, Racquet Sports Ltd. It has a clause that states: “RSL shall have the right to terminate this agreement at any time upon written notice to the member to the extent that it is in the best interests of the membership to do so.”
To my knowledge, we have to give the club 30 days’ notice if we want to cancel. In my situation, the expulsion was immediate and without warning.
I believe the general membership benefited from my efforts to get broken equipment repaired. And I believe my eviction may have a chilling effect on other members who want equipment repaired or maintained. That’s definitely a bad thing.
Here are some things I complained about last month to the club’s manager:
–The whirlpool was unavailable to members four days in a row.
–The newspapers weren’t being delivered and there weren’t enough magazine racks.
–The four new upright bikes hadn’t been oiled and were squeaking away.
–The top floor was stuffy and humid in the morning. Before it used to be the most comfortable floor in the club.
I said there were some people at the Dunfield who were so discouraged that they wanted to write to the company that owns Extreme Fitness, Falconhead Capital and its CEO David Moross. I thought that would be terribly embarrassing for everyone. I mean why in the world would a CEO like Mr. Moross concern himself about that day to day operation of an individual fitrness club, unless there were serious management problems.
Paul
Feb 12 2008
Here’s the email I sent to Falconhead Capital:
Gentlemen:
I thought you might want to know how one of your Extreme Fitness Health Clubs is being run in Toronto, Canada.
Please don’t shoot the messenger just because you don’t like the message. Sure my tone is at times sarcastic, but anything that helps get things repaired for the general membership is OK by me!
I’ve been a member of the Dunfield for 24 years, served on their Member Advisory Board and at one time was awarded their “Member of the Year” honour and given a gift in recognition of my contributions.
Is summarily expelling me from the club the best way to handle this?
I’m interested in your thoughts on this…
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Here’s their email suddenly cutting me off on Jan. 31 ‘08:
Please be advised that as of January 31, 2008 your membership with Extreme Fitness has been terminated.
We have issued you a refund for your January dues for $79.80. This amount will be credited to your credit card on file within 15 days of the above date.
We hope you find a club that truly satisfies your personal needs.
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And here’s one of my complaint emails:
For weeks, the men’s whirlpool hasn’t been available to your morning Extreme Dunfield members. I think it worked for two days over the last 3 weeks or so.
If I was a teacher grading management and their efforts to fix the whirlpool, they’d be lucky to get an “F”.
And since you choose not to respond to many emails members send you, I’m afraid you’d also get an “F” in communication.
When Extreme took over the Dunfield, we were excited by the possibilities. If someone had said members would eventually be forced to write David Moross and Dave Gubbay at Falconhead Capital, I wouldn’t have believed it.
On second thought, if a teacher was grading management’s communication and repair efforts, maybe you wouldn’t get an “F”, more likely you’d be expelled.
And the good news is I believe our second delivery of papers has been resumed.
Paul
GDF
Feb 12 2008
Back on Dec. 31, 2004, my husband and I purchased two 1 year club memberships and training sessions from Premier Fitness Clubs of Canada. All monies were paid up front and in full at the time of signing.
We were assured no further charges would appear on our credit cards without our authorization and consent. It is clearly stated on both membership agreements (I have copies of both) that we do not authorize automatic renewals.
We cancelled both our memberships before the end of the 1st term and did not use the facility since June of 2005 for many reasons, primarily because it was unsanitary.
Last August, both my husband and I realized that every month (starting February 2006 through to July 2006 inclusive) numerous charges were being applied to my husband’s Visa. Given my husband’s line of work, I had assumed these ongoing monthly charges were parking-related, since they appeared as “PSC” on the his Visa statements.
My husband verified they were not parking charges so we contacted Visa to find out the nature of theses charges. That’s when we were told they were from Premier Fitness.
I placed several calls and made a visit to the club for some answers. No luck. I finally managed to speak with the (new) general manager, who told me he would contact head office since he was not authorized to handle this matter. The total amount of unauthorized charges totaled $1,001.35. We had numerous conversations and correspondence with Visa, which reimbursed 4 months (March 23 to July 19) of charges totaling $245.92. That left $755.43 outstanding.
The manager suggested I take 2 memberships instead of seeking full reimbursement, which he believed would never happen even though we clearly had signed documents which showed we had no interest in ever renewing. I told him I would never use that facility again so he said he would sell the 2 memberships to new members and I’d have to pay him a “brokerage fee” for selling the 2 memberships. This last conversation took place last September, at which time he told me he would call head office to inquire. I never received a call back and now know that he no longer works at the club.
In January 2005, shortly after purchasing the two memberships for me and my husband, we were told by many ex-Premier Fitness Club members to be extremely careful with any personal information (i.e. cheques, credit card numbers, banking, etc.) given to the club. They said they had been double billed, billed for things they had never purchased or billed for automatic membership renewals that were never authorized. We were also told Premier was an absolute nightmare to deal with if there was ever a disagreement.
We had already purchased two 1 year memberships and had paid both in full at the time of signing, so we decided to use the facility and see for ourselves. It became very clear after the first few visits that the staff were very unprofessional and the gym, daycare and change rooms were unsanitary. Services and class schedules that were promised during our initial visit were suddenly not available any longer or were available for purchase at an additional charge.
There was an incident that clearly stands out. I had gone in for a workout and handed the front desk attendant my membership card. She asked for a copy of my new Visa since my old one they had on file had expired. I asked why they needed a copy of my Visa, since everything had been paid in full and nothing was outstanding. I was told it was policy and they required a copy for their files and it would never be charged without my authorization. I declined and was repeatedly asked for a copy of my Visa with every visit until I stopped going.
Unfortunately, my husband’s Visa hadn’t expired and they have been charging sporadic fees every month for an automatic renewal which was clearly never authorized (section 7 membership agreements). I am certain had I given my new Visa “for file purposes” we would be disputing charges on both credit cards.
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Email from Al Guarino, vice-president of Premier Fitness on Jan. 14 ‘08:
Issue Raised: Members have requested refunds for billings of membership dues
Facts Determined: Both members joined in December, 2004. Both of these memberships were cancelled on July 4, 2007, pursuant to a cancellation request form signed by G. This form also included a request for the refund of certain membership dues. Our records indicate that their initial refund request was denied
Resolution: We have reopened this file and are in the process of re-evaluating the refund request. As we only retain contracts for two years at the Head Office premises, we are retrieving the original 2004 contracts from our archives as they are necessary in order to properly deal with this request. We anticipate receiving these contracts shortly and will be in a position to reply in the very near future.
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Email from GDF, Feb. 11 ‘08:
I received a threatening letter from Premier’s head office stating that we owe them $92.22. If the outstanding balance is not received at their Corporate Office before Feb. 10, 2008, they are going to submit our account to Steven Walters Law Office and Inter Canada Credit.
It also states that our Equifax and Trans Union Canada Credit Bureau Reports will be negatively affected with an R9 rating that is irremovable for a period of 7 years. Furthermore, our account will acrue a 26% surcharge annually upon submission to their solicitor’s office. The letter was sent sent to us from Juan Escobar, Collections Officer.
I am going to send Al Guarino an email and follow up with a package containing all correspondence, including copies of the contracts and agreements. I will cc you on all future correspondence.
Dunfield member
Feb 12 2008
As a member of the Sports Clubs of Canada for over 20 years, I have been going to the Dunfield location for most of that time. The clubs were purchased a few years ago by Bally and then most recently by the Extreme Fitness group.
Under Extreme, the Dunfield club has deteriorated at the same time as they have set out on a misleading advertising and promotional blitz.
I have been in contact with Advertising Standards Canada about the promotional material Extreme has been distributing (in frequent mailings) promoting the Dunfield Club. These mailings use photos taken at other clubs but label them as the Dunfield.
You can find the advertising Standards Report here (6th item down): http://www.adstandards.com/en/consumerSite/adComplaintsReports.asp
I have quite a collection of these direct mail “postcards”, as does most of Toronto by now. They just keep on coming…
The learning here: as clubs become more aggressive in their recruitment of new members, they may overpromise and even mislead potential members. They may not be able to keep up with the demands made on the facility by the increase in traffic. Check out the club yourself, talk to friends and get a recommendation if you can, and if you visit a club, talk to current members about how things are at the club – if they’re getting even better or deteriorating.
Another Dunfield member
Feb 12 2008
I am a member of the Dunfield Club and when Extreme Fitness took over, it was brutal as they never notified the paying members until after the fact. So it became a billing hell for a lot of people, including me. I, too, am bent out of shape.
There have been a number of promotions ($20/month, no contract; $15/month, no contract). And here is the kicker. Right now, it is $8/month, no contract, no hidden fees, first 50 new members only. (This is on a sandwich sign in front of the building.) For me, $8 is 2 Starbucks cappuccinos.
In actuality, the deal they offer you once they have you in the door is $8 for the first 2 months, $129 a month afterward. If you choose a month to month contract or if you go for a one-year contract, it is approximately $76 per month. I am aware of this because my friend’s son joined.
It is clear to me that these deals have been offered to WAY more than 50 people, because the place is so overcrowded that the fire inspection folks should be advised. I am sure there are fire code violations going on. If there were a fire, the chances of us all getting out would be slim (especially with various gym equipment piled up against the top floor fire exit).
As well, this sign is obviously misleading advertising. There is a contract and it is certainly not $8 for any longer than 2 months. ( I have even brought this to their attention as unsolicited legal advice, which fell on deaf ears).
The number of postings on the internet regarding complaints is noticeable. Most of them deal with sharp practices (see link below- I really shake my head at this one).
http://www.pissedconsumer.com/consumer-reviews/health/invasion-of-privacy%10harrassment-20071219109048.html
In your column, you said:”Vice-president Taso Pappas defends low-rate deals. They draw new people to the clubs and create a more social experience, he says.”
The social experience is about as social as getting on the Yonge subway at rush hour.
Ellen Roseman
Feb 13 2008
Taso Pappas, vice-president of Extreme Fitness, had these comments about the $8 a month membership offer and the Advertising Standards Canada ruling:
The low $8 fee for the first two months is intended as an option for consumers who would like to try a new club without having to commit for the year. A member could either cancel after the first two months, with nothing other than $16 spent, or choose to continue on a month to month basis after that without committing for the year (cost would vary by location). About 15% of our members choose this “no commit option.”
After recent work with the Ad Standards Council, we have also stated in all of our disclaimers that “amenities vary by location”. As with most large organizations, we cannot ensure that all of our ads only depict a facility that an individual lives closest to and therefore want to ensure as much clarity as possible.
JoAnn VanderWerff
Feb 17 2008
I have been attempting to cancel and they are rude. They insist a meeting with the Manager is necessary, which I refuse to do as I have been intimidated by them before. I do not understand how they are allowed to continue to operate in such an abusive manner. Please help.
Seekingjustice009
Feb 17 2008
I’d like to know and, in fact figure out how to run a poll of, how many victims of Premier Fitness’ business tactics are out there? There are so many cases on the same theme, billing beyond their authorization, not allowing members to cancel, sending Steven Walter’s law office, threatening people with ruined credit ratings, sending burly men to pound on people’s doors etc.
Has anyone out there successfully pursued claims against Premier Fitness? If so, I would like to hear from you and engage with your lawyer or whatever. I cannot seem to get them to cease and desist from the harassing tactics. All we want is for them to show up in court, but they prefer harassing victims first into submission. S.O.S.
Mike Process
Feb 17 2008
In relation to Taso Pappas’ defense of possible misleading advertising by Extreme Dunfield …
Mr. Pappas says “we have also stated in all of our disclaimers that amenities vary by location.”
When I think of amenities in respect to fitness clubs, I think of things like hair dryers, day care, soap, television sets, etc. These are items that are ancillary to the operation of the club.
But if you look at Extreme Dunfield’s latest brochure, what is pictured is clearly NOT the Dunfield Club.
One picture shows a balcony of fitness equipment overlooking a floor filled with stationary bikes. The Dunfield has no such balcony.
Other photographs are equally appealing, but weren’t taken in the Dunfield.
What Mr. Pappas calls amenities, I call basic gym equipment. I suggest Mr. Pappas crack open a dictionary and look up the word amenities.
His statement that “amenities vary by location” is misleading. What should be published is “facilities and equipment vary by location and are not necessarily as pictured”.
Mr. Pappas’ use of the English language reminds me of what President Bill Clinton said once: “That depends on what your definition of ‘is’ is.”
NM
Feb 26 2008
Here’s a letter I wrote this week to Goodlife Fitness Clubs:
My sister and I have been members of the Bloor Park Club for over six years, my brother in-law just over two. Prior to GoodLife Fitness Clubs acquiring the property, it was a clean, quiet, well-maintained club. There was never a shortage of amenities, all of the equipment was properly calibrated and in good working order, and the staff was friendly, helpful and always accommodating. We truly looked forward to our training together.
Since GoodLife has taken over, the club has gone so far downhill that I can barely recognize it. It is overcrowded, the same horrible soundtrack is played on an endless loop at a decibel level that sends dogs in the next building into a frenzy, towels are dirty and smelly, bloody band-aids clog the hair-filled drains, machines are broken for weeks on end, giant holes in the walls are hastily patched up with plaster, and a once abundance of free weights is now reduced to a few empty racks.
To add insult to injury, I discovered that other members’ fees are in the range of $40 to $65 per month. Why am I paying more for a substandard club?
Today, I took time out of my afternoon to pay a visit to the General Manager, Cinzia Sdao, hoping to discuss some of these issues, as well as the matter of inconsistent membership dues.
What I got in response was a glazed-over look and was told to take it up with membership services.
I called the 1-800 number and was greeted with the same abruptness that I received at the club. I was told that they have “no control over what offers that each club honours and that there was nothing that they could do.”
I would appreciate you attention to this matter and look forward to your response.
Krista
Feb 27 2008
We receive flyers for Extreme Fitness almost every day. We decided to check out the $8 offer. It was $8 for 2 months and then went to $136 a month. If we joined for a year, it would only be $96 a month.
We expressed concern that this was far too expensive, so they brought in a manager to pressure us. The manager said he could give us a special deal for $50 each per month (no towel service and we could only use one location) . Also, he would throw in a special deal where we could try the club for 10 days (we had to give payment, though). I believe it is the law to allow a 10-day trial period where we can get our money back.
We said no and left. They kept calling and asking us why we didn’t want to join. The whole thing feels so slimy and underhanded. It’s disappointing that businesses are allowed to be so shady like this.
Larry
Mar 2 2008
I wish to respond to NM’s issue with GoodLife Fitness Clubs. It is impossible for any large company with thousands of members to please everyone. That being said, Goodlife is one of the most reputable of fitness clubs. From my experience with them, I believe NM’s complaint to be unfair.
First of all let’s consider the discrepancy in members monthly fees. I am paying less than is NM. People who joined Goodlife a couple years before I joined are paying even less. I am not complaining about that. NM should consider all the facts. I had to pay a large initiation fee to get my lower monthly fee. The fee NM pays is his contractual fee. I pay my contractual fee. The only thing Goodlife is guilty of is honouring contracts. In my opinion, NM would only have a valid complaint if new members were being enrolled at less than he is paying. That is unlikely. But if it were so he could always cancel his membership and join up again at the lower rate.
New members join at a rate based on today’s competitive environment. It would be folly for Goodlife to charge new members less than the competitive rate when they have access to over 50 clubs in the GTA and when Goodlife is spending hundreds of thousands of dollars upgrading the equipment of existing Goodlife and former Ballys clubs.
The other issue NM has is the condition of the Bloor Park Club since its purchase from Ballys. I must admit that I have not been to Bloor Park. However, I find his accusations difficult to believe as they run contrary to what I have experienced at other Goodlife Clubs. Of the clubs that they purchased from Ballys that I have been to, they have replaced the old machines with new state of the art equipment. The clubs are clean and well run. In particular, I have noticed a big improvement at Parkview and the gym is not overcrowded.
If NM is not happy with Bloor Park, there are many other Goodlife clubs to try. If NM is not happy with Goodlife, he can always switch to a competitor. There is plenty of competition out there.
I am sure that the good people of Premier Fitness would love to have his credit card number in their files.
Barb
Mar 9 2008
I recently was told that Premier Fitness was an inferior club, that GoodLife is like McDonald’s and that Extreme has the best instructors. This description was from a long-time Extreme instructor who is absolutely fantastic at step. His classes are fast (usually) and have excellent choreography. The problem is that he’s only at the Thornhill location of Extreme and the step studio is Extremely hot (23 to 25.5 degrees celsius). The ceiling fans are not effective.
When I started there last November, it wasn’t bad for temperature, but now it is way too hot. I don’t think there is any ventilation and there’s certainly no air conditioning (they keep reminding me it is winter). The general manager has stopped answering my emails. The other members tell me the room is stifling in summer.
I sent an email to Jacquie Walters about the problem (heat) and I am hoping to have a resolution soon. She and some of the other old Sports Club managers have always been reasonable and have tried to help. I am not sure this is the norm for the Extreme personnel. I am told that Jim Solomon (CEO) does not deal with the public. I think that the CEO of a company would and should value client feedback. But then I see fitness clubs as a way to achieve a long and healthy life, something we should all be interested in.
Stephen
Mar 27 2008
Concerning the Parkview Club:
I was informed earlier this week that my personal trainer contract was void, because it has now met a one-year expiry as per contractual guidelines.
On several occasions I have asked to be furnished with a copy of this contract, but have received no reply.
The only notification I received was an email from my trainer stating the contract has expired. This was surprising as there was no mention of any medical exemption, which was the primary reason for the delay in using my sessions.
Personally I don’t believe the “Manager” can provide me with a copy of the contract I signed and I certainly don’t believe the “Manager” amended my contract to reflect my medical clause. The irony in my medical situation was that I opted to visit your in-house chiropractor for treatments and even he told me to stop all workouts.
Initally I was so ticked off that I cancelled my weekly squash lessons. But after I thought about it, this debacle created by your Fitness Trainer Manager in no way reflects the great service the Parkview Club offers and I will not stop using other services due to this mess.
Their response:
“Hello. I have spoken further with your club, and the problem with this whole issue is that your sessions expired while you were still with Sports Clubs of Canada.
“Because of this, we have no contract or documentation stating when sessions were used or expired.
“I totally understand where you are coming from, but it is hard to ask Goodlife to be responsible for something that was totally SCC’s business before we ever came into the picture. I do not have a copy of the contract you signed with SCC, as we were not given these when we took over.
“I know you are looking for a resolution to the situation, and I apologize that it seems there is not much your club can do as far as these personal training sessions go.
“You mentioned you wanted your lawyer to review the contract, which I think would be a good idea. However, we do not have a copy at our end of any contract you signed with SCC. If you can find something, than let us know what your lawyer says or if there’s anything else you need from us.”
So much for being a member in good standing for over 20 years. My decision has been to join the mass exoudus from the Parkview and join Pure Fitness — as at least 30 long-time Parkview members have done.
sofia woldemichael
Apr 9 2008
I signed a one-year membership with Fitness Express club here in Vancouver. I didn’t renew my membership for the next year. Today I got a call from collection agency, asking me to pay $135 for cancellation and for not renewing my membership. This is a ripoff.
I am angry and disappointed. This is not the right way to for health clubs to make money.
Henke, Toronto
Apr 28 2008
How to fight and win against Premier Fitness by knowing the law and understanding your rights as a consumer:
Premier Fitness has a lot of experience pushing the envelope of the law and intimidating former members into paying additional dues that are not justified. Threats include:
1) You are bound by a signed contract, therefore it’s your fault for not reading the fine print;
2) Threatening to destroy your credit, your reputation to your employer, garnish your wages from Revenue Canada; etc.;
3) Having a collection agency, specifically Michelle Smit of Stephen Walter’s law office, hound you incessantly, sending burly men to pound on your front doors and finally
4) Threatening to take you to court.
Do not give in - make your stand, know the law. They are counting on greater than 95% of such false claims against cancelled or lapsed memberships to either cave under the above listed threats. They hope former patrons just won’t want to deal with the stress. Do not give in.
It’s laughable when we read triumphant blogs of former members having ‘reasoned’ with Premier Fitness and settled on a reduced amount! Ridiculous - that’s not a win, that’s giving in and emboldens Premier Fitness to continue this unlawful practice.
Here’s how to use the law to protect yourselves, if you believe you have been unfairly treated and victimized by this unscrupulous scam artists operating as a fitness club:
1) Signed contracts, automatic renewals: No matter what the contract says, the club cannot renew your membership automatically. It must provide a renewal notice at least 30 days before your contract ends, and it must give you the chance to refuse renewal. Check out the Ontario Ministry of Government and Consumer Services Bureau at 416 326 8800 or toll-free 1800 889 9768 http://www.ontario.ca/consumerprotection or Info.MGS2ontario.ca.
Premier Fitness has consistently used that ploy of accumulating four months of so-called ‘late-fees’ and issuing a late payment notice, even though your contract ended or was cancelled or whatever — this will not hold up in court. You pay for services used and if you have not used the club after your membership ended or cancelled your contract, why are you paying?
They have magnetic club access membership cards, and their system contains evidence against themselves to prove you have not used the club since your membership ended. There’s a consumer law for that too. Fight - make your stand. Write to the Registrar, Consumer Protection Branch at 5775 Yonge Street, Suite 1500, Toronto, Ontario M7A 2E5 and make your case and request they investigate Premier Fitness.
2) Threatening to destroy your credit rating: First, this is almost always an empty threat but if they do carry it out, this is how you protect yourself: request a free credit report by the two credit reporting companies in Canada: Equifax Canada Inc. (www.equifax.ca) and Trans Union of Canada. View your credit information - chances are Premier Fitness has not made a report against you or made a dent in your credit rating to damage your credit. Take pre-emptive measures. This “Consumer Credit Report Update Form” comes with your free credit report. Complete and return it by letting these two agencies know that should a false claim/report be made by Premier Fitness/Stephen Walters Professional Corporation - that this “false claim is in dispute”. This will be on the record for all other credit grantors to see.
3) Incessant collections calls and letters from Michelle Smit - the collection agency ‘Stephen Walter’s Law Office’ hired by Premier Fitness: Collection agencies are governed by Collection Agencies Act. So they are regulated in the times they can call; they are not allowed to pay you a visit to your home; they must properly identify themselves, the client they represent and the amount owed (that is not the case with this agency); and they cannot call you before they send you a letter. Do not bother returning Michelle Smit’s call and trying to negotiate. There is no reasoning, or negotiating with them – all collections agencies want is to earn their commissions, typically 10%. Therefore, the more they collect the more commissions they make. You will be wasting your time.
Instead, call her back and tell her that all communication from this date onward must be in writing and must be via registered mail and that you will not entertain any further communication over the phone. Put that request in writing back to Stephen Walter’s Law Corporation via registered mail also and copy Premier Fitness’ head office in Mississauga, Ontario. If they break any of the Collection Agencies Act’s rules, write to Consumer Protection Branch of the Ministry of Government and Consumer Services (above #1). Check out the Collection Agencies Act and its regulations. Also, report Stephen Walter for the conduct of his practice (since his name is used for collections) to the Law Society of Upper Canada: http://www.lsuc.on.ca/public/.
4) Threatening to take you to court: Please let them know that you ‘eagerly await a court date’. First of all, Michelle Smit and/or Stephen Walter’s collection agency is paid a commission of approx. 10% of whatever they can successfully scam. To take you to court for any amounts less than $1,000, they have to pay court fees and other associated fees that can total >$1000+ and with no assurances they can win against you (therefore recover these costs) especially if you have facts on your side and demonstrate you have been a victim of unfair and unlawful business practices.
Go to court (it will be small claims court), represent yourself – you don’t even need a lawyer. You should be aware that Premier Fitness has a lot of legal experience of pushing the envelope of the law even challenging the court’s interpretation of the law. Even when you win a ruling, they will appeal, contest the ruling and you’ll wait a long time before you see any refund or monies from them, they are masters at knowing how to delay payments. It will be both a moral victory and also a removal of that potential threat of damage to your credit rating – a hot button they push consistently.
Just google “Premier Fitness Issues” or other search strings and you’ll read countless horror stories out there about this professional scam artist disguised as a fitness club. In the event the ruling goes against you, you can simply employ the same tactics to give Premier Fitness a taste of their own medicine, but know the law, get legal advice to know how much you, in turn, can push the envelope.
Can you imagine if more than 50% of all the former members they attempt to scam take these actions - what will happen? This scam by Premier Fitness will no longer be sustainable.
In the meantime, protect yourselves by ensuring everything is in writing; read all the consumer protection laws readily available on the web by the Ontario government and finally, our advice which we’ve used successfully — fight, use the law to protect yourselves. If you are right — why cave in?
Why am I writing this? I am simply hoping. Hoping that my experience and posts will help others go through a little less painfully what I went through. Hoping that if enough members understand better their rights and the law, they will know they cannot be scammed. Hoping that Premier Fitness stops their unfair and unlawful business practices. Hoping that no one should get hurt, live in fear nor stress out over a business founded by a man – John Cardillo with a criminal record who managed to have that criminal record expunged. And finally, hoping that members do not give in, because each additional monthly fee Premier Fitness successfully extorts from you, know that you are paying for Mr. Cardillo’s extravagant lifestyle of nice estate homes and exotic cars. http://www.thespec.com/printArticle/263154
Henke, Toronto Ontario
Michel Castonguay
Jul 14 2008
I have canceled with GDF in july 2007 and never was given a cancellation contract, so i canceled the withdrawals from my bank.
In january 2008, i received a letter from GDF saying i owed them 52 dollars + 20 dollars more for insufficient funds. I replied that i had canceled 6 months earlier so they kept charging me anyway 2 other months.
I went to the club on Hazeldean road, Kanata, and they were rude and said i never canceled cause i had no contract stating so. Of course i got mad and demanded cancellation contract and was refused.
Now i’m being pursued by a lawyer on their behalf for 142 dollars. How far will this go, I wonder. How many other people have to have their names dragged in the mud by this so called BEST LEAD BUSiNESS in Canada. What can i do to get rid of them and get my credit rating back!
Kate
Dec 20 2008
Count me in as a former long-time Dunfield Club member (22 years!) who was burned.
I renewed about two years ago for ONE year and cancelled after the year was up, but they continued to charge my bank account. I sent many emails but no response. Called them but was told to email. Finally was forced to close my bank account! Called and emailed them again.
Thought it had been dealt with. Now calls are coming in daily from some company called ICC? Automated messages, requiring me to call back. What’s that about?
Class action suit seems appropriate.
OTH
Jun 5 2009
You would do well to read up on the Consumer’s Protection Act on what your rights are, especially Section 95 in regards to cancelling within the 10 day cooling off period.
Additionally, check http://www.redflagdeals.com for more info should you need assistance with your challenges with Extreme Fitness. The forums there are generally quite helpful.
TM
Aug 14 2009
I got into a very similar situation as Paul above. I ended up complaining about some issues at the Bay/Bloor location and I was threatened with expulsion from the club after a 4 year membership (which started with Bally’s). In hindsights, I should’ve probably taken the “expulsion” and gotten out of the contract if this is how they treat their customers!
Reality Check
Dec 16 2009
Im sorry to hear about the Paul. As well as the countless individuals who have been burned. But lets face it you need to
a)READ YOUR CONTRACT !
b)Hold on to your CANCELLATION form !
c)READ YOUR BANK STATEMENTS!
d)BE PATIENT! THINGS TAKE TIME!
If you have any problems its probably because you haven’t been following one of those steps. In Pauls case I hate to say it but Im most definantly dont think that he was terminated because of his complaints. If your emails are as sarcastic as how you would complain in person, then Im sure its more than that got you booted.
SORRY PEOPLE REALITY CHECK!
“If I don’t see it its not illegal” - Homer Simpson
chiropractor vancouver
Feb 26 2010
The back pain treatment and diagnosis of back-related problems have greatly highlighted the chiropractic treatments. There are several chiropractors practicing this form of treatment in Vancouver BC.
Danny
Mar 27 2010
Here is a letter I recently wrote to Extreme Fitness:
Extreme Fitness Inc
8281 Yonge Street,
Thornhill, ON L3T 2C7
03/27/2010
RE: Customer Service at North York location
My name is Danny and I am a teacher at a private language school in the same building complex as the Extreme Fitness at 4950 Yonge Street. I recently visited this location with one of my students that was promised a refund. I decided to go with her after she came to me in tears asking for help dealing with the management of Extreme Fitness.
The problem started when she was complaining of staff treating her poorly because her English is not perfect. She was promised a refund and was told that she would receive this in 2 weeks. 3 Weeks later I visited the location with her and was told to wait for a general manager. After waiting 10-15 minutes, I went back to the front desk where I was told that one manager was in a meeting and the other was still finishing his lunch. The receptionist pointed to a gentleman that was eating his lunch out of a microwavable container. I waited at least another 10 or 12 minutes for this manager to finish his lunch before attending to us.
When meeting with us, Al Emadian was clear that he did not care at all that he was losing a customer and was quite arrogant as he quoted to me that Extreme Fitness has 10,000 members in this city. What he failed to realize is that I receive dozens of foreign students every month, many of them inquiring about fitness centers. We always refer them to Extreme because of the close proximity.
The way the management of the North York location treated my student is unacceptable. They treated her as a second class citizen because she has an accent. She also claims that people there were using vulgar language. Most importantly, it is an unacceptable practice for a manager such as Al Emadian to keep people waiting for over 20 minutes while he finishes his microwaved lunch.
My student has since received her refund after a long battle, but due to Mr. Emadian’s behaviour I will not be sending any future students to Extreme Fitness and I have already instructed all current students to cancel their memberships. The reason I am writing this letter is because I want Extreme Fitness to understand that the company will be losing business due to the neglectful behaviour of Al Emadian.
Regretfully,
Danny Cota
danny_cota@lycos.com
Jag
May 6 2010
I was a member of Premier Fitness in Brampton. My membership was to expire in January 2010. In October 2009, I faxed a written notice to Premier asking them not to renew my membership after January 2010.
I was even willing to go to their location and cancel in person, but whenever I told that I wanted to cancel my membership, they would say there is no appointment available for next week (it was a tactic to make it difficult for people to cancel the membership). I even have a confirmation of fax transmission.
Now Premier fitness sends me an email in May 2010, stating that my membership was renewed and I owe 4 months of charges (Feb. to May 2010).
I have provided them with copies of cancellation letter of Oct 2009 and evidence of transmission of fax, but of no use. They use the threat of spoiling one’s credit history to extort the money.
I would suggest that other people never use Premier Fitness, as it is a nightmare to deal with them.
Regretfully, Jag
d Sinicropi
May 28 2010
Dear Fitness Buffs:
I was a loyal five mie daily trekker until I joined in 2010. In my second month, I was harassed by a gang who began
targeting me at this club. My fitness trainer breached his contract with me to keep our sessions during business hours; I was advised not to return. Now the club wants all
thw sessions paid for tho I can’t book when I want. Is this a scam? Head office told me I was “paid up” when I stopped my sessions, with a reassurance I stil had an active membership. How can I get them to stop sending me bills after I was told I was all paid up?
A frustrated cient.
Max
Jun 13 2010
I think it is time to stand up against the gyms. They are ripping off Canadians.
Alexandra
Aug 15 2010
Hi, my husband and I paid up front to be members at this gym on Jan. 29th, 2010. We were advised that we had a 10 day cancellation grace period.
We cancelled that same day once we saw how poorly maintained the equipment was. It is now Aug. 15th, 2010 and we have yet to receive any of our money back.
We have gone in person a couple of times, called numerous times and no one will assist. I would never recommend this gym to anyone.
Gary
Aug 16 2010
I joined Premier Fitness (Kingston) last January for 1 year and had a trainer. I suspended my membership in May until September (for the summer) with the blessing from the gym.
I recently received an email from their corporate office stating I owed $300+ and threatening small claims court.
Now, 2 weeks later, I received a letter from some lawyer stating I owe $1,100+ and will be sued.
I was warned not to join, but this is nuts. I won’t be paying!!