Complaint Review: The Boxing Club Lava Sport & Fitness Steven Wade Sarah Simonetti Molly Mandel - San Diego California

On 6/20/2007 Sarah Simonetti of The Boxing Club in Carlsbad Ca, tricked me into a three page Personal Training Contract for 20 sessions, $60/each. She filled out my personal info on page one, never showed me page two and asked me to sign on page three "for the record".. Then she asked me to pay for the first, introductory session I had just taken; I handed her my Visa card, trusting that I was going to be charged $60.

But she charged $1200, and I signed the credit card slip, without checking the amount, as my vision was blurred due to the stress of the session and my health condition (seizure syndrome) which force me to use reading glasses in those circumstances. But there was no mutual consent, nor meeting of the minds at that point. Within a couple of days I saw the $1200 charge and I asked for a refund personally from the Carlsbad branch; I was promised a quick refund.

I called Sarah Simonetti about the refund, but she replied that I had signed a legally binding contract and the money is not refundable. She fax-ed me a copy of the three page contract and to my disbelief I saw that she had FORGED my initials on the 12 clauses; my signature appeared on the co-signer line.

My Dad told Simonetti the the contract does not have a cancellation clause which is in violation of California's Health Studio Services Act, sections 1812.80-1812.98. She did not care. BBB and Visa advised me to complain in writing to them, stressing my medical condition rather than the legal aspects, with a Doctor's note. However, Moly Mandel, the Boxing Club Customer Service Manager refused to refund the money although she admitted that Simonetti had forged my initials.

I sued the Boxing Club in Small Claims Court based on the facts that the Personal Training Contract was illegal, that the contract was obtained by connivance and mistake and that my disability allows me to cancel it. However, the Small Claims Commissioner Mr. Gary G. Haehnle ruled for the defender, the owner of the Boxing Club named Steven Wade.

The Commissioner declared that the Personal Training Contract was not a contract but a mere purchase bought by me under the umbrella of a one year Membership Contract I had gotten free from Simonetti on Jan-2007. He asked Wade if the two contracts can be obtained separately; this is when Wade, the owner lied and said that the contracts cannot be obtained separately. I told the Commissioner that the California Statue is clear on this point and that 1812.85 (b) (3) states : The contract shall provide a description of the services, facilities, and hours of access to which the consumer is entitled. Any services, facilities, and hours of access that are not described in the contract shall be considered optional services, and these optional services shall be considered as separate contracts for the purposes of this title and Section 1812.83.

Also, the contract itself refers to it as "This Membership" and the Boxing Club sells them separately, without a Membership Contract. My witness told the Commissioner that all branches sell the two contracts separately as well, and that he himself could call and check. In fact, later my Dad went to a branch and obtained a Personal Training Contract just by itself, without the separate Membership Contract. But the Commissioner believed Wade's lie.

Incredibly, that day in Court (01/02/2008) Wade had just introduced the copy of my old Membership Contract which I had supoened with my initials forged as well, which was easy to verify as I had kept my original. The Boxing Club had forged my initials just like with the Personal Training Contract . I pointed this out in Court but the Commissioner did not care, he simply said that the two contracts are to be taken together "because the CEO, Wade said so". He then told me that "I don't buy any of this" and ruled for Wade, in spite of the law and my carefully prapared brief and evidence. My request for a re-hearing (the plaintiff cannot appeal) was denied without an explanation.

All attorneys I contacted tell me I got raw deal and that the Boxing Club may be too small of a company to warrant a class lawsuit. I need a attorney who would take this to Superior Court and sue similarly to: "Cynthia Baxter v. Salutary Sportsclubs, Solano County FCS019346 or JENNIFER PICKERING v. 24 HOUR FITNESS USA, INC Case No. CGC-05-446492.

Sarah and Victor

Fallbrook, California

U.S.A.