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  1. #1
    Jengaged41710 is offline Junior Member
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    PAGE 1 - cancel personal training contract _ trainer left me

    Louisiana

    I was contacted via facebook by a girl ("Ava"- whom I met several years ago in a pageant) she invited me to come into Anytime Fitness in Moss Bluff, LA for a free personal training session.

    I was looking for a female personal trainer to help me with my fitness goals for my wedding that is in April 17 2010. So after my first session I was interested in hiring her. They had 3 pricing options: 6 months, 9 months, 12 months. ( I went with the 12 month option. which made it $30 a session twice a week) = $240 a month. I asked if I paid in full could I receive a discount, she said yes.
    I paid in full $2499 with cash.My contract effective date is 9/8/09, so I have been into my contract for a little over 1 month .

    Then I received an email , 10/21/09 yesterday stating she would no longer be working there and that Paul (a male trainer who I thought was an employee of the franchise anytime fitness) was assigned to be my personal trainer.
    I am upset because I have invested $2500 of my wedding money to be able to work with a female trainer.

    AVA EMAIL BELOW:
    Good evening ladies, This e-mail is to unfortunately inform y'all that my situation has changed and I will no longer be able to do personal training. As most of y'all know I have had to get my own apartment and have separated from my husband and now I am having to take advantage of an opportunity at the casino to increase my income. I am sharing this with y'all because I feel really close to y'all. Paul will be taking all my clients, he is an amazing trainer, he trained me and together he helped me reach all my fitness goals. This is taking effect immediately, I'm sorry, I'm so proud of all you, but I have to make the right decisions for me and my child, I know you can understand. Continue on your journey! I believe in you and know you will love training with PaUL, he is really great and so are you!!! Thank you, and please contact Paul 337XXXXXX or by email XXXXXXXXLet him know your goals and he will get you there! Again thank you for believing in me and I REALLY believe in you too! ava J


    I had worked with a male trainer at Dynamic Dimensions before and felt uncomfortable. (NOTE: I also have another gym membership through Dynamic Dimensions in Sulphur LA where I have 24 hour access and pay a monthly membership. Also I have worked with Paul (my new assigned personal trainer also the owner of the business) in a group setting before and did not like his training style.

    What can I do to get out of this contract? or get some of the money I paid to them in full back? any advise would be helpful?

    I did let Paul know via email on 10/23/09- that I was very upset that #1 when I went for my training session on 10/22/09 he was nowhere to be found, when Ava's email (found above) explicitly stated Paul would be taking over sessions immediately. #2 That I as the client was given no notice of the changes, not even 24 hours notice, and no say in how the situation is being handled afterwards and #3 that I am very uncomfortable working with a male trainer. I asked Paul in that email also they were going to hire a female trainer, and also if not could I transfer my training membership to the anytime fitness closer to where I work and live, and maybe work with a female there.

    Paul responded to my emailn 10/26/09- oh This is the big kicker!! (see his email below)
    Hello Jen. This is Paul. I'm very sorry about what happened to AVA and the short notice that she gave you. We dont actually work for Anytime Fitness; Ava worked for Reality Fitness which is in the process of looking for a female trainer. Until then, I will be more than happy to assist you on reaching your goals. As Ava said in her email, I trained her to get the way she is today. So I can at least get you started in a wonderful direction until we get the female trainer in. Again sorry about this and I hope to hear from you soon.

    First, I am upset that he does not understand my un-comfortability at all with a male trainer, by seemingly trying to pacify my want for a female trainer by stating he is in process of looking, and I can train with him until then

    Second, I am irrate that I did not even know they worked for Anytime Fitness, but instead Reality Fitness. It made me sick, and now I felt like I was on the losing side of some big scam. The solicitations via facebook were confusing even looking back on them - Join us for REAL FIT week ! - not meaning Real fit. such as lets get in shape..but referring to their actual business name. I was not told their was a seperate entity when signing up, even though the words Reality Fitness are on the signed contract, in which was signed by Ava and I.

    So then I am so angry, and I am like no I just want out of my contract. (see email to Paul below) sent on 10/28/09.

    Hi Paul,
    Yesterday I had my Maw Maw Brown's (Margie Brown) funeral, so am getting to your email/voicemail today. I apologize for the delay.
    However, I am still upset and unhappy with the temporary proposed solution.
    There is no gurantee for "when" or "if", a female trainer will be hired. Because of this, I want to proceed by cancelling my contract, and be reimbursed for unused training sessions, effective Wednesday 10/21/2009. (Per Ava's Notice of Leave from the your company - to me via email) .

    My contract effective date was 09/08/2009, which means I have only used 11 of my total 96 training sessions as of 10/21/09.

    85 unused sessions x $25.00 (rate per session after payment in full by client) = $2,125.00 reimbursement.

    I can send this cancellation via Certified Mail, please provide contact information and whom it needs to be addressed to.

    Please send check to:
    Jen XXXXX
    xxxxxxxxxxxxxx
    Sulphur, LA 70663

    If you should have any questions, please respond via email.
    I apologize for any inconveinience this matter is causing, but I believe this is the only fair solution.


    After this email, one of the local franchise owners of Anytime Fitness (who also happens to be a local undercover police officer) gets involved by phoning me and letting me know the situation. He tells me that Anytime Fitness did not get any of my money, and from he knows from Paul - is that Paul received a small cut but Ava has the majority of the money. He said try to work this situation out with Ava since she is one who is liable, since she was paid most of money. So if she does not adhere to training me or reimbursement she could be charged with fraud. So I then proceeded with this franchise owners/officers advice on 10/29/09, with an email to Ava.

    READ 2ND PAGE- THREAD FOR MORE INFO....
    Last edited by Jengaged41710; 11-17-2009 at 12:52 PM.
  2. #2
    Jengaged41710 is offline Junior Member
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    PAGE 2 - cancel personal training contract

    Email/Facebook :
    Hi Ava,
    First off, I am very sorry to hear about you and your husband, and I hope whatever happens, that it be for the best for you and your family.
    But the reason I am writing you, is to talk to you about a problem I am dealing with regarding our Personal Training arrangement.
    I tried calling you today, Thursday, October 29, at 12:01 pm, to speak with you about this. I left you a voice mail message, but since I am trying to take care of this matter sooner rather than later I am writing to you also and would like your immediate feedback on this situation.
    I do understand your reasons for leaving and can empathize, however I hope that you too can see why I am upset and also empathize with my situation.
    I was invited by you, to come train with you, and you gave me the hope I was looking for - to have a female trainer work with me at achieving my fitness and weight loss goals, some one who I trusted, was comfortable with, and most of all believed in me.

    Upon receipt of the news from you (which I received via email on Wednesday, October 21,2009, at 8:31 pm) regarding you quitting , I was very shocked and upset. One reason is no one gave me a heads up about you leaving, and the bigger reason I was upset is because I no longer had a female trainer, and lastly I had no say in the matter in the arrangement after you left. The reason I hired you in first place is i that , I wanted a female trainer whom I was comfortable with.
    I for personal reasons do not feel comfortable at all being trained by a male trainer, not even on a temporary basis. Ava it was" you" who solicited me,"you" who sold me on you and your services, and it was "you" who I wanted to train me, not Paul. That is not what I paid for.

    I am also very upset that I have invested a significant amount of money (that I had set aside for my wedding in April) to hire a female personal trainer.($2500 - out of the $25,000 I make a year after taxes) - so I believed enough in you and our relationship as acquaintances/friends and client/trainer - to pay $2500.00 up front with blind faith, thinking you would be there for me and you would help me reach my goals. Not only that - I had my work schedule rearranged which was not an easy task, just to be able to drive all the way to Moss Bluff and train with "you". Not Paul , not some other person.

    The Bottom Line is - I am not getting what I signed up for.
    My contract date started effective 09/08/09, which means I have only used 11 of my total 96 training sessions as of 10/21/09. That leaves me with 85 UNUSED training sessions. 85 unused sessions x $25.00 (rate per session after payment in full by client) = $2,125.00
    This amount $2,125.00 is all I am asking for and is the only fair solution to this problem.
    I hope you can understand my reasons for wanting to be reimbursed for the sessions/services that I did not receive once you left your job at Anytime Fitness or Reality Fit ( or whichever entity it is that you worked for. I am also aggravated at this, that I didn't realize you were not an employee of Anytime Fitness, which is misleading and confusing in itself)

    I am sorry if this causes you any grief or problems, it is not my intention at all. I am just wanting what is fair and right to be done.

    You can call me to discuss or write me whichever is easiest for you. I would like to talk to "you only" on this matter and do not wish to discuss it with anyone else.


    Then she replied to me on 10/29/09 which i read on 10/30/09- via facebook.
    Ava's reply from facebook:
    I really understand, and never meant to mislead you, I would still like to workout with you, let me talk to Paul on this and I will try and make it work so I can still work out with you, I do really believe in you and you were Great to work with. I want you to meet your goals, and I will call you tomorow. Again I am so sorry, I did not want any of this either.


    I let franchise owner/officer of Anytime Fitness know the correspondence between both parties following Ava's response. he stated the following via email on 10/30/09:

    Jen,
    Great e-mail, I think you were direct and clear and I hope it resolves your situation. If Ava is going to make an effort to honor your agreement as it sounds she is, then it is definitely not a criminal matter at that point; keep me posted on how that progresses. As far as Anytime, I again apologize that our involvement with the approved trainers wasn't clearer and can promise you that has already been rectified. If there is anything you need let me know, it is rather important to me and the new ownership of Anytime that our patrons know we are serious about helping people achieve their fitness goals and want satisfied customers. We are here as a business to make money but not at cost of customer satisfaction.


    So I waited thinking Me and Ava would be able to work together again. But then did not receive a call from Ava, on 10/30/09 like her message written on 10/29/09 nor Monday, Tuesday, Wednesday, - so Wednesday 11/4/09 - I sent the cop/franchise owner an email stating I am thinking about going to small claims court since Ava has not done as she promised, so I could take care of this situation. I asked for his thoughts or suggestions.

    SEE PAGE 3. FOR MORE INFO..
  3. #3
    Jengaged41710 is offline Junior Member
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    PAGE 3 - cancel personal training contract

    So I waited thinking Me and Ava would be able to work together again. But then did not receive a call from Ava, on 10/30/09 like her message written on 10/29/09 nor Monday, Tuesday, Wednesday, - so Wednesday 11/4/09 - I sent the cop/franchise owner an email stating I am thinking about going to small claims court since Ava has not done as she promised, so I could take care of this situation. I asked for his thoughts or suggestions.

    On Thursday 11/5/09, at my place of work, a different franchise owner of Anytime Fitness (from North LA we'll call him Bob,) calls me asking if I can talk. I stated no I cannot since I am at work. I got his contact information and stated I would call him later in the day. After work on 11/5/09 I called Bob (franchise owner back) he was kind of rude to me, starting right off the back, I dont understand the complete situation "But What do you want from us", I was taken a back a little bit by his tone, since I did not do anything wrong? But I replied calmly, that I am just tired of all this drama and this huge mess, and I felt I was part of some scam, just want money back from unused sessions. He stated firstly that he "would not be paying any money out of his own pocket that he did not receive and was not responsible for" and I told him I understood from a Business perspective. Then he tried to ask why I thought a scam was run on me? and I tried to explain how nothing was clear from the beggining and everyone is acting unprofessional - He stated that they are having some issues due to old ownership of this franchise in particular, and that they are correcting mistakes. I then asked him how this arrangement with the franchise, personal trainers worked? He explained that basically the Franchise owns the builing and the Personal Trainers pay rent and are the lessors of the building. ....But he stated at time when i signed my contract on 9/8/09, the entity Reality Fitness did not have a lessors agreement in place like they were supposed to. He then offered me to personal train at a different location of the Anytime Fitness franchise with Andy, a female trainer who is supposedly the best in the area. I told him I just want money back> (but really my thoughts interally were: #1 If she was best in area, why would she train me for free as a favor, to her boss for free? #2 If she was the best in area, would she even accomodate me, work around my schedule? and what would bind her to a year to workout with me?? #3 If she is the best in area, I am sure her price is much higher, and demand is higher, would this Bob guy being paying her to service me?? IF so why not just pay me? ) but I kept these thoughts to myself -

    Bob asked if I had my copy of contract, "I explained that I am not sure where it is at, at the moment since I was in middle of process of purchasing my first home and I have been packing and throwing away stuff" I asked him, "you dont have a copy of the contracts like a sample form that the personal trainers who work under Anytime Fitness use?" , the next ? I asked " are they not all the standard for the lessors?" he said no and no. (wow I was shocked)
    Bob then proceeded to tell me If i find a copy I need to send it to him, he stated if the contract addresses this issue, of a trainer leaving then I am bound to contract and cannot cancel. IF if doesnt then he doesnt know, and we would have to address this further.

    So now it is almost a month after Ava/the trainer leaving. I am beyond furious at this point & ready to bring at least Ava to small claims courtsince I feel like she is the most responsible. So I send her an msg via facebook, (only because she hasnt replied since her Notice of Leave)

    MESSAGE TO AVA sent on 11/11/09
    Ava,
    I have not heard back from you at all, and I am done waiting. I hate for this to come to this point, but you have left me with no option.
    I am stressed, tired, gaining weight, and now at this point extremely upset about our arrangement and your lack of professionalism in the whole matter. My engagement pictures are in 19 days, and wedding is in 5 months - and the one thing I hired "you" for is not happening nor or "you" trying to help me fix this mess.
    Once again "you" solicited me, "you" signed me up, and "you" are who I hired and paid to train me for a year. Also most importantly you are responsible for this because it has been made aware to me recently that you received the majority of the $2500.00 full payment of cash from me on 9/8/09. We ("You & I") can resolve this matter in court or out of court- All I want from you is to simply be reimbursed $2125.00 for sessions you did not train me. You do not understand how disgusted I am at having to resort to these terms with you. But what is more sad and disgusting is that you did not think twice about how you have both hurt me personally and financially. How did you not feel bad quitting while keeping the money of my that I work very hard for. That would be like you paying me for child care a year in advance, for your daughter, and then me skipping town with all your money-only after a month of being employed. You would be just as upset as I am at this moment. I feel like I was extremely misconceived by you, and you should take responsibility for your actions. Please let me know if you would like to work out something without going to court. If I do not get a response back from "you" within 5 business days, then I will have no choice but to proceed with filing a legal claim against you.
    Regards,


    On 11/16/09 I asked Ava for her new mailing address via facebook since I would need to file for small claims court.
    She did not answer me on this but instead informed me that she does not have my money.

    SEE PAGE 4.. FOR MORE INFO.....
  4. #4
    Jengaged41710 is offline Junior Member
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    PAGE 4 - cancel personal training contract

    See message reply from Ava sent on 11/16/09 -
    Jen, I again am sorry that my current situation has caused you problems. I really hate all of this. I first need to clear up that I do not have your money, if I did I would have already offered to give it back to you of course. When someone signed a contract with Reality Fitness, I got paid only 6% of the contract up front and then got paid by the session, in the case of your contract I got paid about 17.50 a session. I am sorry that I was not able to continue at the gym, this is not a move that I am happy about. I have been training at the casino and just got put in the rotation I work from 1145 pm till 8 am, this would make me being able to train you now difficult but I will work with you 2 or 3 times a week, to help you meet your goals, because I do know you can do it, or I can give you the money I did get, it is not much but I am trying to make you know I did not ever mean to upset you.



    So this means maybe the Paul guy owner of Reality Fitness has my money. It is 11/17/09, and I am considering taking them all to court, dont know if small claims court would afford the solution I am looking for and I am in desperate need of some legal direction. (nor do I know if getting a platiff lawyer or something like that would be worth its while since it isnt a huge amount of money) - Besides researching on internet and some info from a friend in law school who has given me some advice, I am just beyond my capacity for handling this situation and dont even know if I have a case?

    PLEASE HELP.

    END OF MY INFORMATION - I DO HAVE COPY OF CONTRACT. which I would have to type out since I cannot attach it to here.
  5. #5
    Zigner is offline Senior Member
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    Oh brother! Nobody is going to read all that.

    Bottom line: You signed a contract with full knowledge that REALITY FITNESS was providing your training. Unless the contract named a specific trainer or gender, you are out of luck. Enjoy your training and all the best for your upcoming nuptials!
  6. #6
    Isis1 is offline Senior Member
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    18,159
    oh thank god, you stopped.

    phew...i was getting worried.


    there was no need for all that info.

    "i signed with A company for training with Trainer A. Trainer A quit, i want my money back since i don't want to train with Trainer B."

    then insert Zig's answer.
  7. #7
    Jengaged41710 is offline Junior Member
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    what if language in contract makes it unenforceable?

    for the state of Louisiana. or gives me unequal bargaining power??

    top of page 2 of my K basically forces me to waive a personal injury claims against the fitness center. It is legally impossible to waive personal injury claims. Such agreements are absolutely null. right?

    Sorry for the novel.. ireally dont know whats relevant here and dont know whos really responsible since I have 3 different parties involved and ones I dont think were responsible - trying to remedy the situation.

    Ive been reading too much I think...and this issue, the wedding planning and my house closing in 5 days is making me a little crazy

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