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Bally Total Fitness

The 12-Day Rule

Bally • Sales Practices, Contracts • The 12-Day Rule • "Lifetime" Contracts • Moved Away • Maintenance • Child Care • Opening Late • Headphone Policy --- News • Bally's Customers Hope To Exercise Their Rights

Jillian of Chicago, IL (6/14/05):
I was shopping with my four children when I was approached by a Bally's associate and offered a "Month by Month Contract" for only $39 down. I listened to what he had to say but was leery about signing a “contract” that was supposed to be month-to-month. He assured me that if I didn't believe him then I would not have to give him my ID or social security number, or a check, or credit card, which is supposed to be required for enrollment.

I only went to Bally's one time and decided to cancel. I spoke to a Bally's rep on the phone and was told to either pay or visit 12 times during the first 30 days then I could fill out a dissatisfaction form. Well, needless to say, that won't work either, because it's been four months and they are sending me to collections for over $1700 for that one visit.

Michael of Hawthorne, CA (8/1/05):
I went to the Bally Total Fitness club several months ago with my girlfriend. My intention was to use a 3-day trial coupon. When we walked in the club we were asked to follow a representatives named Vlade. He told me about a 30-day, risk free, money back trial. He explained that I could use the club as many times as I wanted to within the 30-day trial and he told me that I should go 12 days out of the 30 days for better results.

I asked him about the consequences if I did not go the 12 days and he assured me over and over that nothing would happen, that it was just recommended for better results. And he said after the 30 days, if I did not like the club that I could just let them know.

As he explained each piece of paper, he had me sign it, never mentioning anything about a contract. He then asked me if I had any proof of income for the 30-day trial information log. I told him that I didn’t have any proof on me, so then he asked if I had a valid checking or savings account. I told him yes I had both. He then asked if I had a debit or credit card. I showed him my debit card and he began copying my route number to his records.

I asked him why he needed to document my number and he said that it was standard, in case they needed to contact the bank to verify my income. I also gave Vlade my driver’s license, which he told me to pick up when I was ready to leave the club. On my way to the locker rooms Vlade approached me again and said he needed my signature on two more pages of the 30-day trial.

After my workout I stopped at the front desk to pick up my drivers license. The front desk attendant told me that they needed to take my picture for my ID. I informed the lady that I was only signed up the 30-day trial and did not need my picture made. The lady told me all members using the gym needed an ID for access. She took my picture and I left.

I probably went about seven times before deciding I didn’t like the facility or the equipment. Three weeks go by and my 30-day trial is coming to an end. Just as I am getting ready to contact Vlade, I get a voice mail message from Bally’s about my "3-year contract free personal fitness instructor lessons.” The next day I contacted the club about the call and told them that I was signed up for only a 30-day trial period not a 3-year contract. The person I spoke to said that the trial offer required the client to attend 12 or more days if they wanted to cancel the contract.

I said I was told there was no consequence, that if I was dissatisfied with the club I could cancel the trial. The employee asked me where I heard that information and I said from one of the employee's there named Vlade. After arguing with this man for more than a half hour, I asked to speak with his boss. He gave me the number of the corporate office. I’ve spoken to a lot of representatives and I’ve tried to set up an agreement with them but no one has been of any help.

Bally’s has somehow gotten into my checking account and made a deduction of the $47.35 (which is the amount of a monthly payment of a 3-year contract). I never gave them consent to take any money out of my account.

I called the corporate office again trying to cancel the contract and to get the $47.35 reinstated in my account. The lady cancelled further deductions but again refused to help me with the cancellation of my account. I have not received any support or feedback from Bally’s to help me resolve this problem.

Keith of N. Richland Hills, TX (7/11/05)
On October of 2004, a friend of mine from Germany came to visit me for one month. We wanted to work out together, so I took him to Bally’s Total Fitness, where I have been a member since August of 2004. We wanted to find out if there was a way to get my friend a short-term membership.

We were told he could go for one month, for $5.00, as long as he attended the gym at least 12 times during that month. That sounded like a great deal to us, so we told the Bally’s staff to draw up the paperwork and I signed it. My debt card was charged for $5.00 on the spot for his “membership”.

The month passed and he attended the required 12 times and then departed back to his home in Germany. Everything seemed fine. He was able to stay in shape during his visit to America.

Come to find out that the paperwork I signed in October for $5.00 is now a three-year, $55.17 per-month contract. When I found about this, I couldn’t believe it. How could a company blindside their customers like that?

I have been charged $55.17 every month, for a membership that I was told would only total $5.00. I called the Bally’s customer service number and spoke to an operator about this and she said I was tied to a three-year contract and that I needed to write a letter to the Bally’s main office in California about this. I wrote the letter and their response was that I needed to either pay $1,457.33 in full or continue on with my $55.17 a month payments.

Damages: I have been paying for a contract that doesn’t even list me as the member but lists my German friend’s name who has been back in Germany since October 31st of last year. It doesn’t make any sense to me to have a contract with someone who doesn’t even reside in the United States, or who isn’t even an American citizen.

Heather of Martinez, CA (8/12/05)
I printed out a two week free trial membership offer from Bally's website. That is what I wanted and signed up for. I was told that I could cancel the membership anytime during the two week trail or anytime within 30 days.

When I realized that my schedule and the gyms times were not going to work I attempted to cancel the membership. That was when I was told that I could not cancel until I had gone to the gym 12 times, or if I moved to a location with no Bally's gym within a 25-mile radius.

Damages: They are calling me constantly. I have tried to work this out with them but they remain stead fast in collecting money that I feel they are not entitled to. It appears that this is a 3-year contract.

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