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LA Fitness Due to Material Misrepresentation I am cancelling my Personial Training Agreemant & Memberships Irvine, California
I, Michelle **** and Keith **** are canceling our membership agreements #F14623626 and F13526712 with your company, LA Fitness. I, the buyer Michelle **** am canceling this personal training agreement due to material misrepresentation.
On the day I signed up for the personal trainer with Chris the manager I noticed that he got the due date wrong on the contract. I questioned why the due date was written for the 6th of every month and he told me that he would fix it. I explained to him very clearly that I get a direct deposit on the 7th of every month and I wanted my due dates for both the personal trainer and the memberships to all be on the same day. He said that it would be no problem and he would fix it. Before I left, he sat at the computer letting me to believe that he was correcting the due date error for several minutes. He then told me that he would have to have his manager Fernando fix it because he couldn't. Fernando was not there that day or so I was told.
I was then informed to come back to following Tuesday because Fernando would be there. I was there on Tuesday the 14th and spoke to Fernando about changing the due date. He agreed he would and we walked to the desk where he seemed to be trying to change the date. After a few minutes of his attempts, he told me that it was too late this month and I need to come back to see him next month. I questioned the reason it was too late and he told me that the system is past the billing date so to return after the next billing. I was very concerned that I was going to be charged on the 6th because I knew I didn't get my direct deposit from my employer until the 7th. I told him that I didn't want to risk an NSF fee. He told me that it I wouldn't get an NSF fee because it takes three days for the charge to process. I told him that I was not happy with this billing due date and I didn't feel comfortable with this arrangement. But I had no choice but to wait another month.
Now I return after another month just after the next trainer payment processed which was the 10th of September. I again spoke to Fernando and he again went to the computer trying to change the due date to the 7th for me. He then told me after several minutes watching him click around in the computer that he could not change the due date. He said that I would have to speak to the corporate office to have it changed. I asked him why he didn't tell me earlier because now it was too late to back out of this contract. I only had five days after signing the agreement. He said he didn't know and assured me that the corporate office would be able to change the billing date for me.
I was not happy about that and I was feeling that I was lied to. I actually spoke to someone in corporate when they needed to contact me regarding my credit card. I had a chance to ask about my billing date and if they can please change it. She told me that there was no possible way to change the billing date for the personal trainer. She said that she could not do anything about it and I would need to speak to customer service. I felt utterly defeated and it seems that everyone I spoke to didn't have the authority to change the due date for me so I was feeling trapped and forced to put up with it until the end of this contract.
The last straw for me was when I checked my bank account online and noticed that LA Fitness charged me on the 2nd (not the 6th) which caused me to have an NSF fee of $36.00. I called customer service and spoke to Alexis who was a manager. I explained to her the whole story and all the other inconveniences and lies I have been told by LA Fitness staff members. She was incredible rude and told me that I signed this contract and I cannot cancel. She offered me an opt out of $630. And I asked her if I could make payment arrangements. She said no. I had to pay it all up front. I then let her know that this contract has my canceled membership number on it and I never signed a new contract with my new membership on it. She said it doesn't matter because they have my signature on file in their computer. I questioned this practice because it seems illegal to me to force someone to be held to a contract with incorrect information on it. She said it doesn't matter what membership number is on it as long as they have my signature in their system.
At this point, I do not ever, ever want to take another step into an LA Fitness facility anywhere ever again in my entire life. I would have never signed this if they had told me the truth about their billing cycle. They looked me in the eye and lied to get me to sign an electronic device letting me believe I was going to be billed on the 7th and would be charged once a month.
Due to Material Misrepresentation I am cancelling memberships for both my husband, Keith **** and myself as well as the personal trainer contract agreement. I refuse to make another payment due to the fact that the managers misled me when I signed up.
Any disagreements regarding this matter on your part will have to be settled in a court of law. I respectfully request that you do not harass me any further as I am going to try to move on with my life after this experience.