Complaints

• Initial Complaint

  18/05/2023

  Complaint Type:

  Order Issues

  Status:

  Unanswered

  More info

  Received invoice for membership under my minor child's name. Called ASF payment services (billing agent for Evolution Gym) to find out what this was for. I had not consented to this contract, nor had I signed the Parent/guardian waiver, which is clearly required on the Evolution Gym website. They advised that they would make note on file that the contract was not valid. Advised me to call Evolution Gym to have the contract cancelled. May 17/23: Called evolution Gym, McCarthy Park, spoke to male employee. Explained that my son went to the gym for a visit with my ex-husband, but NO CONTRACTS WERE SIGNED BY AN ADULT. He claimed that there was a signed contract on file with my name on it. When I asked him to check again, he realized that it was my minor son's signature on the contract, not mine. I explained that without the parent's consent, they cannot hold me responsible for this. I requested that they cancel, and was told that he couldn't, but he would be happy to change the billing email to my ex-husband's email address. I asked him how it was possible for a place of business to just bill whatever email address they chose, he couldn't provide an answer. I advised him that I would not be paying for this, and that I wanted to speak to a manager. He said the manager was unavailable, but took my info to have her call me back later that day. I did not receive a call back. May 18/23 11:52am: Sent in a "Contact Us" form on the Evolution fitness website. May 18/23 1:09pm: Called Evolution Fitness, spoke with a female employee. Explained situation to her. She looked up the file. I again asked that the contract be cancelled and told her that it was made without my consent, and that there is no signature from a parent on file. She asked me if I knew who set up the contract and agreed that this was not right but I would need to speak to a manager, but that she was "sick and unavailable for a few days". MINORS CANNOT SIGN CONTRACTS. WEBSITE SAYS PARENTAL CONSENT REQUIRED

• Initial Complaint

  28/03/2023

  Complaint Type:

  Billing Issues

  Status:

  Unresolved

  More info

  I have had a membership at this gym since they took over the Golds Gym and changed their name to Evolution Fitness. At this time they honoured the terms of our membership with Golds Gym. This included no charge for access to in gym classes. Over the past 3 years during COVID I didn’t use my membership much at all but continued to pay my monthly fees so that when I was comfortable I could attend the classes again. I recently started back to the gym. I was just notified that I could no longer attend the classes unless I paid extra or purchased a different membership. I was never notified of this change to the terms of my membership and would not have kept said membership with these new terms. This resulted in me paying for my membership for at least one year when I wouldn’t have done so. I believe that they shouldn’t have been able to change the trend of my contract without letting me know.

  Business response

  21/04/2023

  The memberships clearly state that increase can happen and that you are accepting of this at the time of membership. And especially after your initial term. It is unreasonable to expect prices  to not increase over time as the cost of providing services also will increase over time.  If you chose to pay for a membership and not use it, we fail to understand how we are responsible for that. You have the option to freeze your account and or cancel. You chose not to do either and not to attend. Again you could have canceled until you felt comfortable to return and attend, again you chose not to. 

  Customer response

  27/04/2023

  
  Complaint: ********
  
  I am rejecting this response because:

  The response from the business did not address my complaint. The basis of my complaint was that they changed the terms of my membership contract with out notifying me. The contract I signed and agreed to had classes included in the monthly membership. They changed this and didn’t notify me or have me agree to the new terms. It wasn’t just a price increase as they indicated in their response. 
  
  Sincerely,
  
  ******* ******

• Initial Complaint

  19/09/2022

  Complaint Type:

  Billing Issues

  Status:

  Unanswered

  More info

  In January 2021 I reached out to Evolution Fitness looking for a new gym to join. I filled out an online registration form (as it was COVID and in-person services were limited) and signed a month to month contract with bi-weekly payments. After three visits to the Evolution Fitness, I knew that the gym was not the right fit for me (My last visit was in March 2021) and contacted the original sales person (via email that I unfortunately do not have access to as it was an outdated work email) to let them know that I would like to cancel my plan. I was told that this would be no problem, I would simply finish my monthly billing cycle and then my membership would expire. Today (September 16, 2022) I received a call from Evolution fitness telling me that I was due to pay them $153 and would be sent to collections if I did not make this payment. When I told her that I had cancelled my membership in March 2021, she said that there were no notes on my file and that I cannot cancel my plan without paying the "owing" amount, so they would continue to charge me. I asked her to look back in their email to see if she could find the conversation and she refused, saying that she does not have access to do this. I tried to explain that I had not attended the gym and had cancelled, she was able to confirm that I had not attended since March 2021, however since there were no internal notes on my file that she had no other option than to send me to collections. I believe that it is unfair to charge me for a membership that I cancelled and did not use.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩