GYM BILL BLUES
DALLS of Kuala Lumpur is fuming after getting a lawyer's letter from the True Fitness health club, demanding payment due for a membership he had terminated three years ago.
He had signed up for the membership at the True Fitness outlet in Desa Sri Hartamas in 2005 and says: "I refused to sign up unless it was a monthly membership."
As the sales consultant did not have the monthly membership form then, DALLS was asked to fill out the two-year membership form instead.
"I accepted that explanation but to be safe, I made him tick on the checklist that confirms I have signed under a monthly membership and not the two-year package. I still have a copy of this document."
A year later, DALLS decided to quit the gym and tried to terminate his membership but it was turned down as he had signed up for the two-year membership."I complained that it was not my fault as the sales consultant had assured me I was signed up for the monthly membership. I insisted that it was the sales consultant who either made a mistake or had misled me."
Since the True Fitness staff insisted the membership could not be terminated during the two-year membership period, DALLS says: "I had no choice but to terminate my credit card which had been used for payments to True Fitness."
A few months later, he received an email from the True Fitness Credit Control Department alleging that he still “owes money” to the club.
DALLS says he tried to explain the situation again, but claims to have been told by the staff: "We can't do anything."
Later, he received a lawyer's demand letter from True Fitness. "I then called up True Fitness and managed to speak to a manager, but he also said that nothing could be done.
"Recently, I received a court summons on this matter. I hired a lawyer for my defence even though it’s more expensive. I will stick to my principles."
● True Fitness assistant regional marketing manager Caroline Ng insists that DALLS has to settle the remainder due as he had signed a binding contract with the health club.
"Our records clearly show that on July 21, 2005, the complainant signed up for a 24-month membership. This is legally binding.
"The complainant chose to sign a 24-month membership plan of RM155 over our monthly membership plan priced at RM249. Our 12-month membership plan is priced at RM195. As such, by committing to a longer term membership, he received the benefit of a lower monthly payment for his membership dues.
"We do not understand his claims as True Fitness does not have separate membership forms for different tiers of membership. Our standard contract indicates the preferred choice of a customer’s membership tier and this contract needs to be endorsed by the member concerned upon application," says Ng.
"As for the checklist which the complainant was addressing, he is referring to the New Member Orientation Checklist which acts as a guide to orientate new members, highlighting the terms and conditions of the membership contract and is not contractually binding.
"He stopped payment nine months into his membership contract. Notwithstanding this, as part of True Fitness goals to encourage an active and fit lifestyle, in August 2006, we took the extra step to waive the outstanding amount defaulted by the complainant if he agreed to reactivate his membership of the remaining 15 months at his soonest convenience.
"However, he rejected our offer and remains adamant in his stand for an early exit while still owing True Fitness over RM1,600."
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