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Bally Total Fitness

Contracts

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

Robyn of Upland, AZ (8/17/05):
I signed a contract with Bally's in May of 2003. On July 29th, 2005, I called my father and asked him to look at my contract to see when it expires. When he looked my "copy" he saw that many essential spaces were left blank. He sent this information to Bally's "team correspondence" to find out why my contract copy (actually it's in original ink - not a photocopy) had so many blank spaces and he was told that they would send a copy of the original to him.

He received the copy of the original and it's very different from the "copy" I have. For example, on my copy the date is 5/8, but the year is left out. My copy is not initialed in several places (where I was to agree to the terms of the contract) however the Bally’s copy has all these "blanks" filled in. The interesting thing is the Bally’s copy is initialed as "PW" not "RW". It's obvious that someone else initialed the blank spaces on the Bally’s copy, as those places are blank on mine and my initials are RW.

Now, it's August 18, 2005, and we have not heard a word from Bally's even though we have called them four times.

Olivia of Hialeah, FL (6/22/05):
This is what happened to me. I became a member of Bally’s on Friday, May 13, 2005 at 7:30 pm at the Hialeah location. After careful consideration, I decided that it would be too great an expense to be a member of the facility and decided to cancel the contract I signed. As stated in the contract there is a three (3) day grace period wherein cancellation is allowed without any penalties.

I went in person to the Hialeah club on May 16, 2005 and met with the employee that sold me the membership on May 13, 2005. After listening to him try to negotiate another contract with me, I explained I did not wish to be a member no matter what kind of deal he gave me. He called in the manager of the facility, Romel.

Romel said, “Don’t you care about your health or the way you look?” I responded that I was healthy and could not afford the membership at the present time and needed them to cancel it. He told me he would cancel it. I requested they give me written proof but they said they couldn’t, instead they signed their name in a highlighter marker. I also gave them a copy of my letter dated May 16, 2005, asking for cancellation. They instructed me to send a copy to the headquarters office.

On June 14, 2005 I saw a debit in my bank account in the amount of $44.22. I immediately called the bank and they informed me the amount was on hold for an automated payment to Bally’s. I called Bally’s and was informed that all billing was handled by their headquarters and was told to call them.

Headquarters said that I did not give notice within three days and so the contract was not cancelled. I explained that I went to the facility, in person, within the 3-day period, and was assured the contract was going to be cancelled. They told me to call the Hialeah club.

I called the Hialeah club again and asked to speak with the manager. I was transferred to Luis who asked me to come into the club and speak with him in person saying he would be there until 10:00 p.m. I went to the facility at 6:30 p.m. and was told Luis was not available but Rosa could help me.

I had to explain the entire thing again to Rosa. She told me she could help me, she filled out some paperwork and came back with someone by the name of Lissette, she was the Assistant Manager. Lissette told me the contract would be cancelled and my money would be returned in approximately three weeks. She took my original contract, made a copy of it, and gave me the copy explaining she needed the original so she could send it to headquarters. I was told again I could not be given any written confirmation that the contract would be cancelled and I was told I would have to take her word for it.

Lissette also told me that Romel did not work there anymore and they have been correcting his mistakes since he left.

Damages: I am out $44.22 as well as overdraft fees charged to my bank account in the amount of $60.00.

Ruby of Humble, TX (6/17/05):
On 1/25/04, I purchased 20 personal trainer sessions at Bally that I paid for on my credit card. The contract had my name, address, phone number, and membership number on it. A separate paper had my credit card number on it. This information was used to set up four new memberships and charged to my credit card.

I spoke to the club manager who made a copy of my driver's license and signature and faxed it to the main office. I have been credited the amount back but the manager and several other employees are now gone from the gym and they have had access to my personal information, including a copy of my driver license.

While I was complaining to the manager about this, a customer overheard me and I think the same thing happen to his wife except the money was taken out of her bank account. I know of one other person this has happened to so I know we are not the only ones.

Damages: I can’t tell you how I feel when I go to sleep at night. These people set up new accounts in my name and have all my personal information. I have reported this to the police, the BBB, the Attorney's General in CA and TX. I am filling out as many reports as I can.

Chang of Flushing, NY 8/7/05:
In January 2005, with guest pass in hand, I went to the Bally Total Fitness with a friend. The customer service agent led us to his office. When I said I wanted to join the club on a month-by-month basis, with no contract, he said “there is such a plan and it costs $35 a month”. He said I could cancel it at any time. He took my personal information, my ID, credit card, and said he would charge me the first month’s fee of $35. He then asked me to sign on the receipt for the $35 charge.

The second month, I received a bill of $2,530. I was very confused and phoned customer service. They told me that I had signed a three-year contract with the club. I asked them for a copy of the contract. They mailed me a three-page contract with my personal information and signature on it.

I didn’t see any contract when I was there, and neither did my friend. They copied my signature from the receipt I signed. Two months later, a collection agency began to phone me about the bill.

Tricia of Orlando, FL (7/25/05):
My boyfriend and I signed up for a membership at the same time in March of 2005. We both signed a 3-year contract, both for about $32.00 a month with a $12.00 monthly due waived (making the payment $20.00 per month). We both signed up for automatic payments.

When I received my statement I was being charged $44.00 and the monthly dues had not been waived. However, my boyfriend was being charged $61.00! Thankfully, he kept his original contract.

He went to the club to ask about it and they said his contract had been cancelled and a new one had been signed. He obviously did NOT sign a contract to pay more money. He requested a copy of this so-called contract, which we received July 22, 2005. His signature was obviously forged. When he called about this, he was asked to fax over a copy of his signature and they would investigate. I’m pretty sure how that is going to turn out. We are seeking an attorney.

Angela, Houston, TX (6/20/05):
I was in the mall in Houston when a gentleman stopped me wanting to sign me up for a 30-day trial, for only $5.00, at Bally Total Fitness. He continued to harass me, asking me to sign up, asking for my phone number, etc. Finally I just told him I would sign up for a 30-day trial.

He got my credit card information for the $5 transaction. He wrote down all my personal information. I signed a piece for paper acknowledging the $5 transaction, not knowing a month later they would make me accountable for a 3-year contract at $40 per month.

Richard of Kansas City, MO (8/10/05)
In May of 2004, I bought a membership to Bally's Gym. At the time I thought it was a good idea because I had just had surgery on both of my knees, however I did this without consulting my doctor. After conferring with my doctor, he thought it was a bad idea because of my health problems.

I have never been in a Bally's facility since I got the membership. I inquired if my membership could be changed over to my wife, so at least she could use, but I was told this could not be done. I was told I would have to pay the contract out whether I used it or not and I could not transfer the membership. To me this is a gross injustice.

Adam of Denver, CO (8/1/05):
I signed a 3-year contract, with promise that after the contract was complete, the fees would drop from $27/month to a "sweet deal" of $6/month for at least one year. However, the $27 payments continued. When I realized how much was coming out of my checking account it had already been three months.

I called Bally’s and was informed that the price would actually only drop $3 per month (to $24 per month) regardless of what the local office had "promised" at contract signing.

It gets worse - during part of my contract my credit card expired and even though I was issued a new credit card Bally's could not use the it for auto-payments because of the change in the expiration date. However, they did not contact me for five months resulting in a huge ding on my credit report.

Damages: Biggest hit is to my credit report. I'm not as concerned about not getting the "sweet deal" after contract fulfillment that they promised me as I am with removing this awful information from my credit report.

Rebecca of Tequesta, FL, (7/18/05)
I won a 1-year membership in October of 2004, through a promotion Bally's was offering. I've been going to the gym since October with no problems at all. In March of 2005, the gym got a new manager named James. Now all of a sudden on July 15, 2005, James called me to say he would not honor my membership because he didn't believe that I had won a 1-year membership.

Although there are employees there that know me and know that I won the membership the manager says that doesn't matter because it all comes down to him. He basically called me a liar and a thief and said he would not allow me to work out in "his gym" ever again.

I told him that I had placed a formal complaint with Bally's membership services and his reply, dripping in sarcasm, was "Oh no, I hope I don't lose my job."

Keisha of Houston, TX (6/3/05):
I signed up at Bally's fitness center in Texas. I asked the customer service rep if it would be a problem to cancel and he told me not as long as I did it within 30 days. I had a financial situation arise that would keep me from continuing my membership.

I wrote Bally’s a letter stating my financial situation and they wrote me a letter back stating that wasn't grounds to cancel my membership. I spoke with my bank and told them that I wasn't able to afford the membership and they canceled my account and gave me a new one to keep me from having a negative balance.

They finally cancelled my membership after I sent them a letter from my doctor stating I had back pain from a car accident. However, they said I had to pay for the months prior to cancellation that was, by then, five months.

I think this is absurd that I have to pay them $296.00 when I never stepped one foot into their gym to exercise.

Kate of Pittsburgh, PA (5/19/05):
I went to Bally's to see about the “2-people-for-1 deal”. When I read the contract I told the Bally’s rep (Jim, I think) that I could not afford it. I gave him my financial info but explained that I was still in school and only working as a waitress part time. He said we could solve that problem easily.

He assured me that I could sign the "two for" contract to get the better price and also assured me that we could "draw up another contract" once my membership went into effect. I question him several times, but he was so nice and assured me “Bally's members can changed their memberships at anytime”.

Unfortunately, I think he lied about all of it just to get his commission. He even said that I didn't need a copy of the contract since we were going to draw up a new one in two weeks, so I could just wait and have a copy of that second contract.

I could not get out of this mess for years. They called at crazy hours, screamed and hung up on me. I finally contacted an attorney who sent a letter about the times of their calls and the fact that I was never given a copy of my contract. They never called me again.

Kathleen of Waterford, MI (8/4/05):
In April of 1990, I went to the Waterford Balley's (which at that time was called Vic Tanney) with my sister-in-law to see what it was like. The girl that met with us talked me into joining. After I filled all the paperwork out, she told me that I needed to bring back a cancelled check to verify my checking account. She also informed me that if I wanted to cancel that I should contact them within 4 days. The following day I called and cancelled the membership. I was then under the impression that everything was taken care of.

Now 15 years later, as I am trying to get my finances in order to buy a house, I find out that I was turned over to a collection agency and I owe over $1100.00 to Balley’s. 15 years later!

I talked to the collection agency and they told me to call Balley’s. After 25 minutes on hold, I was told there is nothing they can do for me because it is such an old account. This has messed up my credit report.

Chris of Aleta CA writes (1/7/02):
I walked into a Ballys Fitness center looking to pay a monthly fee with no long-term contract. I was charmed by a sweet girl who told me I could pay as I go and there would be no long term contract. The reason I wanted to pay monthly because i was currently UNEMPLOYED and had a little cash reserve so I figured I would only go until I couldn't afford it no more or when I got another job.

Time went by and i eventually got a letter in the mail stating that i had signed a 3-year agreement with Ballys and that I would have to pay around $1400. I called and told them I would never pay for something I did not want and they told me it was a binding agreement and that I could not get out of it.

I have been told I will be taken to court and that I will have to pay the amount. I have been harassed by Bally for nearly 5 years. I continue to ask for proof that I signed a contract that said I joined for 3 years. They will not send me proof.

Bally is not required to send Chris proof at this late date. He undoubtedly received a copy of the contract he signed and should have kept that copy for his files. This is why it's important to read everything before signing it. Our opinion: Chris is probably stuck.

Richard of Beverly, MA, writes:
When I signed up for the Bally at North Shore Shopping Center in Beverly over 5 years ago I was told I am locked in for 3 years at the price I was paying monthly. After the 3rd year I could stay there and pay $10 a month.

The three years expired and they raised my dues before I paid $10 once. Then they raied it 3 to 5 more times since then. When I called and complained they mumble a bunch of BS. Now people can join this gym today for the same amount or less than I pay. I have been here for over 5 years and I pay as much as newcomers.

This is bulls. They need to be investigated. The lockerrooms are gross, the showers are worse. There are no papertowels, the hot tub is closed almost every other week, and the machines break and they leave them for weeks before fixing. They advertise how great they are when in reality they are mediocre at best. I would never refer this place to anyone.

Yazmin of San Diego:
In April of 1998 my friend and I signed up for Bally. We were told that we had 3-5 days to cancel. I called to cancel the next day for both of us. Since I initially paid for both of us my friend's contract was in my name. I did not know that this was the case.

Bally now claims that I cancelled for myself but not for my friend. This is false, I cancelled for both of us. They have already deducted over $400.00 from my checking, and are demanding $1,434.00 at 22% interest. Neither of us has ever used the gym since we both assumed we had cancelled.

Calling to cancel is not enough. The contract Yazmin signed was written and her cancellation should have been written too -- certified mail, return receipt requested.

Randall of Eastpointe, MI:
In June of 1994 I went to Bally to use a two-week free trial membership that they had offered me. After I looked around the facility and tried it out they sat me down and had me sign a contract that they said was policy procedures. This seemed strange to me since I was only there on a trial basis, but the gentleman told me that these were forms that I had to sign to keep my trial membership.

A few days later I got a letter in the mail thanking me for signing up for a three-year membership and that my payment would be over $1000 for membership fees. I contacted Bally to let them know it was a mistake, that I had signed a contract for a two-week free trial membership. They told me according to their records that I had signed a 3 year membership.

I was young and trusting to a professional whom i thought was honest and sincere and I got burned. I learned a valuable lesson from this mistake, and that is always read what you're signing and don't take someone's word.

Richard of Beverly, MA:
When I signed up for this gym over five years ago I was told I am locked in for three years at the price I was paying monthly. After the third year I could stay there and pay $10 a month. The three years expired and they raised my dues before i paid $10 once. Then they raied it three to five more times since then. When I called and complained they mumble a bunch of BS.

Now people can join this gym today for the same amount or less than I pay. I have been here for over five years and I pay as much as new comers. This is bull.

Gina of Evanston, IL:
I signed up with Bally in Chicago with my mother in 1996 in a buy-one, get-one-free. Soon after, she moved to Jackson, Tennessee. I spoke with reps who said that since we signed up together we would both have to cancel.

I last remember the following: 1) faxing to Bally a copy of my mother's lease. 2) Cutting up my card as instructed and mailing it to Bally. 3) Paying a fee of about $87 -electronic check method - directly over the phone 4) Being told that my account was now closed YET, I still kept getting bills and later was told that I never closed the account, NEVER faxed the lease and NEVER sent the cut up cards. This was in 1998.

Last month, I called to try once again, after sheer frustration in the past to re-open this mess. I was told well, we have your cut-up card but we don't know why you sent it to us.

Mark of Bensalem, PA:
I took out a membership in 1997 for my son, a minor at the time. I put it under my name against my credit card. One month after I was diagnosed with cancer and have been unable to work. I called Bally customer service 15 times about this.

They asked me to send a them a letterabout my sitution. I had they head of Onocolgy from the University of Pennsylvania Hospital write them a letter about my condition. I received a letter back stating, sorry but too bad.

I have since stopped my credit card from paying them. They deducted 5 months in payments. My son only went once, the first month. In their contract it states if valid medical reasons are presented they would cancel my account. i guess cancer and not working don't qualify.

Here it is two years later and lucky to be here, they have turned me over to a credit collection agency called Primeter credit. For the past two years they call me twice a week. They have made a mess out of my credit report. I have called in August of 2000 and sat on hold two hours waitng for a supervisor. Lo and behold, they said in not so many words, too bad, die.

Derek of Ramsey, MN:
Last year I got a membership to a Bally and signed an 18-month contract. I used my membership for approximately five months and due to a divorce in the family I moved. I contacted the cancellation dept. and faxed them over the info that they said they needed, and I never got a reply. I then assumed everything was taken care of.

Now I have found out that it was not when I got my credit check for a new vehicle and I was never cancelled. My credit is very important to me, this is the only problem that has ever affected it. Although I am extremely angry, I do not intend to take it out on the company, I just want my credit report cleared so it does not affect me in the future.

Much as we hate to say it, Derek and several of our other complainants may be stuck. Faxing and calling are not adequate notice of cancellation. Most contracts specify very clearly that cancellations must be sent by certified mail, return receipt requested. The best solution may be to swallow hard, call the collection agency and try to negotiate a settlement.

Zuleika of Kissimmee, FL, writes:
On Oct 26,1999 I signed up for their membership and was very confused as to how much of a hazzle the drive would be from where I live which is over 25 miles to their location, so I decided to call the sales manager and try to cancel within hours of me signing the contract, she went on to say I needed to come in and talk to her or send everything thru the mail. I told her I needed to go away for two weeks out of the state and agreed to send everything thru the mail. I also decided to place a stop payment on the check that was for the deposit.

A month later I received a letter stating the amount that I owed and the status of collection. According to the back of the contract the paperwork needed to be sent to the Corporate offices within 3 days of signing. There is one part on their contracte that states "Default-You will be in Default if you breach any of this Contract's terms and conditions, if the balance of your downpayment is not paid within 7 days from the date of this contract or if you fail to pay any installment within 30 days after the date when such installment us due. If you are in Default, your membership privilges may be denied and any partial downpayment forfeited."

So tell me first of all I don't have any deposit because I stopped the check from any payments and have not paid over 30 days. What I don't understand is why am I still a member to them and getting charged for two months worth including deposit if I'm in default.

Unfortunately, Zuleika signed the contract and is bound by its terms.

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