Complaint Review: Beyond Fitness - Atlanta Georgia

Again ---I fully acknowledge that I should have read every single of word of that contract closely before signing it. Shoulda, coulda, woulda... But I did ask the representative --who was also the branch manager for Beyond Fitness-- specifically about a shorter contract term and the termination fees and he lied to me about both. You are absolutely correct that if I had read the contract terms I wouldn't be in this situation, because I never would have agreed to such an exhorbitant termination fee. Likewise, if I had been dealt with honestly I wouldn't have signed the contract. And if the company was willing to deal with me honestly now, I wouldn't have had to post complaints like this here.

For someone who supposedly went to law school, you definitely should know better than to sign a contract without reading it! What exactly were you thinking?

Hi Bernadette--- Thanks for your input and advice. Sadly, you are absolutely correct regarding oral contracts. (I also went to law school. I should have known better, but I trusted that the information I was given was correct.) I did report Beyond Fitness to the Better Business Bureau, which attempted to resolve the situation. However, the company refused to make any effort toward resolving this matter and is now listed by the BBB as having an "unresolved" issue. As for the local paper, unfortunately that is not an option because, prior to having my baby, I was the health reporter for the local paper. So the paper wouldn't be able to publish a story about this because it would be considered a conflict of interest. So, my only remaining recourse is to report this company to the consumer fraud division of the NC Attorney General's office, which I recenty did, and to let anyone and everyone know that this is a company of crooks. Sometimes the bad guys do win, but let's hope not too often. :-)

I'm a law student, but please don't construe this as legal advice. I just wanted to say that I am learning in Contracts that oral contracts are usually not enforceable. You really should have gotten them to write the $75 promise down. Regardless, maybe you could take them to small claims court, or if you have a lawyer, have the lawyer write them a nasty letter. If you just want a pound of flesh, so to speak, report them to the better business bureau (I know it's not as good as this site, but it will give information to people who are considering going there in the future) and maybe talk to the local paper. Good luck. I'm not going to blame you, because it was logical of you to assume that the oral contract that you made with the representative was binding.

Where did I say that "swindlers should be excused?" Methinks NOWHERE. Moreover, there are no "swindlers" in this situation. The terms and conditions were completely spelled out in the contract. It was YOUR job to read the contract, and point out anything that YOU believed to be inconsistent. Contracts CAN be modified but it is up to YOU to point out whatever you disagree with so the other party can make it right. You seem to think it is ok to sign contracts without reading them, or while being illiterate or unable to understand them. Well guess what, it's not! (Duh) If you are that lazy, inept, or whatever, you should bring a responsible, trustworthy adult, family member, etc. with you so that they can read the contract to you. I know you won't believe this, but it is NOT okay to just sign away at everything without reading the terms and conditions, and then try to place the blame for future consequences on someone else. The only one to blame is YOU.

I honestly can't believe that you'd rather place the blame on me, a consumer who relied on the ORAL contract promised to me by the sales rep,(which is also legally binding in my state) rather than on the company that lied to me. And to say that if you were illiterate you'd never sign ANY contract is just ignorant and false. So if you're illiterate you can never own a car, a house, sign your kid up for daycare, get a cell phone, etc. Obviously we all have to sign contracts all the time and we rely on the information given by the representative at the time of purchase. (I worked as a closer for a real estate title company for a while and I don't recall EVER seeing anyone read every single document in the closing package before signing it. Doing so would take DAYS!! Instead, I explained to them what the documents said, they asked any questions they had, I answered their questions HONESTLY, and then they signed the documents without reading them. I expect the same level of integrity in all of my business deals.) For a corporation like Beyond Fitness, which I assume you work for judging from your responses,to excuse it's employees' lies by saying "Let the buyer beware", is only further proof to me that this is not a legitimate corporation. Rather, I am fully convinced that Beyond Fitness' sole purpose in business is to scam customers, not serve them.

If terms and conditions of the contract were in 3-point type, I would have insisted that they xerox that information at 250% so that I could read it. I would NEVER sign a contract that had words too small to read. This is a no-brainer. Furthermore, if I was "illiterate" I would NEVER sign ANY contract at all whatsoever. This is also a no-brainer. "Let the buyer beware" still stands as the lesson learned from your situation. Consumers these days have to take it upon themselves to be extra careful, as businesses will stoop to even lower levels to take advantage of those who choose to be uninformed.

You are absolutely correct: I should have read the fine print, because the termination fee (as excessive and unreasonable as it is) is clearly spelled out in the contract. However, the clause that mentions the termination fee is written in about 3 point type, and buried on the back of the contract. And, I specifically asked the rep about the termination fee and was lied to. I think the "let the buyer beware" culture in this country is the reason why sites like this exist. Why should it be permissable for fast-talking salesmen to con people into contracts? The fact that the fee is written in the contract does not make the practice of lying excusable or defensible. Suppose I was illiterate. Would it be fair for that sales rep to take advantage of me? Of course not. Neither is it fair in this case. Contract or not, the practice used to sucker me out of hard-earned money (money my husband earned risking his life for this country and our freedoms!) IS illegal and immoral. "Let the Buyer Beware," is a good warning, but it is not a defense for bad behavior.

You are absolutely correct: I should have read the fine print, because the termination fee (as excessive and unreasonable as it is) is clearly spelled out in the contract. However, the clause that mentions the termination fee is written in about 3 point type, and buried on the back of the contract. And, I specifically asked the rep about the termination fee and was lied to. I think the "let the buyer beware" culture in this country is the reason why sites like this exist. Why should it be permissable for fast-talking salesmen to con people into contracts? The fact that the fee is written in the contract does not make the practice of lying excusable or defensible. Suppose I was illiterate. Would it be fair for that sales rep to take advantage of me? Of course not. Neither is it fair in this case. Contract or not, the practice used to sucker me out of hard-earned money (money my husband earned risking his life for this country and our freedoms!) IS illegal and immoral. "Let the Buyer Beware," is a good warning, but it is not a defense for bad behavior.

You are absolutely correct: I should have read the fine print, because the termination fee (as excessive and unreasonable as it is) is clearly spelled out in the contract. However, the clause that mentions the termination fee is written in about 3 point type, and buried on the back of the contract. And, I specifically asked the rep about the termination fee and was lied to. I think the "let the buyer beware" culture in this country is the reason why sites like this exist. Why should it be permissable for fast-talking salesmen to con people into contracts? The fact that the fee is written in the contract does not make the practice of lying excusable or defensible. Suppose I was illiterate. Would it be fair for that sales rep to take advantage of me? Of course not. Neither is it fair in this case. Contract or not, the practice used to sucker me out of hard-earned money (money my husband earned risking his life for this country and our freedoms!) IS illegal and immoral. "Let the Buyer Beware," is a good warning, but it is not a defense for bad behavior.

You are absolutely correct: I should have read the fine print, because the termination fee (as excessive and unreasonable as it is) is clearly spelled out in the contract. However, the clause that mentions the termination fee is written in about 3 point type, and buried on the back of the contract. And, I specifically asked the rep about the termination fee and was lied to. I think the "let the buyer beware" culture in this country is the reason why sites like this exist. Why should it be permissable for fast-talking salesmen to con people into contracts? The fact that the fee is written in the contract does not make the practice of lying excusable or defensible. Suppose I was illiterate. Would it be fair for that sales rep to take advantage of me? Of course not. Neither is it fair in this case. Contract or not, the practice used to sucker me out of hard-earned money (money my husband earned risking his life for this country and our freedoms!) IS illegal and immoral. "Let the Buyer Beware," is a good warning, but it is not a defense for bad behavior.

Termination fees and other such expenses are clearly spelled out in the contract. Did you bother to take the time to READ the contract before signing it? Or did you just believe whatever the salesperson told you and blindly sign away? This seems to be a case of buyer beware. Next time, be a responsible consumer and you will not get into situations like this.