Custom Built Personal Training - Atlanta Fitness Inc. Failure to cancel membership per contract guidelines atlanta, Georgia

When I originally signed up with Custom Built Training, I informed your company I could not fulfill a year long contract. I informed them I was a registered nurse and my  work contracts ranged anywhere from6-13 weeks. They informed me it would be no problem to cancel, I would just have to come into the gym and informed them. At this time, I asked should they write something on my contract like in shape had done for me, they informed me it was not necessary and I could just come into the gym "they knew me" and it would be no problem.

On June 3rd, 2010, I spoke with  my personal trainer at Custom Built. I informed him my contract with my work had ended and I was returning to Michigan. On June 5th, I text  my personal trainer and told him it was official I was not resigning my contract and I would have to vacate Modesto by Monday at 9am. On June 5th the trainer text me in response and informed me I must send in a written letter. I then received a text on June 6th asking if I was really going. I informed him at that time I was already driving.

June 11th, I arrived back in Michigan and sent out two certified letters. One letter to In shape and the other to Custom Built in Modesto. On June 15th, 2010, I received a text from my trainer I must now send a certified letter to Custom Built in Atlanta Georgia. The funny thing is the gym had the same year long contract and had no problem canceling my membership with proof of license. Yet, custom built had issues canceling and continued to give me the run around. 

On June 16th, 2010 I sent a certified letter to Custom Built in Atlanta Georgia.

On June 23rd, 2010 I received to emails as follows and which are attached

Basically the June 23rd, 2010 emails from custom built in Atlanta Georgia stated I needed to fax over proof of address.

RE: Relocation Cancellation

Thank you for contacting our corporate office to request to cancel your personal training agreement due to relocation.

In order to process your cancellation request, we will need verification of your permanent relocation. Please note that your personal training agreement states this move must be 50 miles or greater from a training facility in which we provide services. Acceptable documentation is:

Lease

Mortgage statement

Utility bill

State issued I.D.

Military Orders

Any of these documents must be addressed in your name to the new address in which you are relocating. You may fax this information to 404-420-8326 to the attention of Customer Service or send via USPS. Please call to confirm the receipt of your fax.

If you are unable to provide proof of your relocation you must submit an Early Termination fee of $567.00, per your agreement. Any drafts within 30 days of the receipt of this payment will be processed. This fee can be made by check or money order and should be submitted to the address above.

If you have any questions or comments, please feel free to call 678-526-6977 or email us at customerservice@custombuiltpt.com.

RE: Relocation Cancellation

Ms. Genie Logan:

Thank you for contacting our corporate office to request to cancel your personal training agreement due to relocation.

In order to process your cancellation request, we will need verification of your permanent relocation. Please note that your personal training agreement states this move must be 50 miles or greater from a training facility in which we provide services. Acceptable documentation is:

Lease

Mortgage statement

Utility bill

State issued I.D.

Military Orders

Any of these documents must be addressed in your name to the new address in which you are relocating. You may fax this information to 404-420-8326 to the attention of Customer Service or send via USPS. Please call to confirm the receipt of your fax.

If you are unable to provide proof of your relocation you must submit an Early Termination fee of $567.00, per your agreement. Any drafts within 30 days of the receipt of this payment will be processed. This fee can be made by check or money order and should be submitted to the address above.

If you have any questions or comments, please feel free to call 678-526-6977 or email us at customerservice@custombuiltpt.com.

Best Regards,

Customer Service Dept

Custom Built Personal Training- NH

*****Please note now, they are saying I must be 50 miles way vs. 25 miles away*****Please note I am 2000 miles**********

On June 25th, 2010 I attempted to fax over proof at approximately 14:48 and 14:46 The fax failed and stated no answer.

On June 28th, 2010 at 16:26 after two attempts my fax went successfully threw. The fax contained address proof. I then immediately called the company and spoke with a representative. I explained the entire story of what the gym had informed me of at the time of signing. The representative more or less said she cant help what individuals say in order to get you to sign a contract. She then asked if I ever received a copy of the contract. I stated no and told she I was informed I would receive an email containing the contract which I never received. She apologized for the inconvenience and explained if I ever wanted to sign up again, I now know the rules. She said it was all set and I would receive a letter of cancellation via email.

On June 29th I received an email with information that conflicted with my previous phone call and previous email from June 23rd.

- Show quoted text -

Since I received this email, I contacted  my trainer and informed him of the situation. He stated in text they should have not billed me.

Then, I attempted to fax various additional information. Each time I attempt to fax, the fax machine tries two times then cancels the fax if the line is busy or there is no answer.

The times that were attempted and documented are as follows:

6/30/10-0917

06/30/10-0926

06/30/10-18:41

06/30/10-1910

I have also made two attempts to contact the facility after the faxes failed

07/01/10-10:37 after 3.26 minutes I left a voice mail

07/01/10-10:50-after 07.03 seconds I hung up after being left on hold.

As a contract holder I have acted in absolute good faith to hold up to the agreement in which I signed even though, I was never provided a copy of the contract. The result has been nothing but conflicting emails, lack of response to messages and a message from the fax machine stating no answer. At this time, I am requesting to end my contract without paying the additional $420.00. I feel I do not owe the fee one because I did not use the service since june 3rd, and I have been given nothing but the run around since June 3rd. If the company never acted in an unethical manor to convince me to sign a contract this matter would have never taken place. If the company on June 3rd would have informed me to send a certified letter to Atlanta, Georgia a entire month of mail time/fax time would not have been wasted and I would not owe the money at this time.

Even after sending out a certified packet containing proof of address, electric bills, car insurance bills, car title, new and old work contracts and pay stubs the issue is still not resolved. I have called and left messages and I am promised per vm a returned phone call in 3 business days, I still have yet to receive a return call. I have attempted to email my issue and received a confirmation email I would hear back in 5 days yet, it's been 8 business days and still no response. I began receiving phone calls twice a day from a Mrs. Williams about my account. I had an attorney call for me july 8th, it's now July 13th, I stopped receiving the twice a day phone calls but, my attorney has not been able to get ahold of this "mrs. Williams". I attempted to call custom built again today on the 13th, I left a vm hopefully in the promised 3 business days I will receive a returned phone call. 

Since I am unable to get this resolved and have been given the run around and been graced with nothing but, unethical behavior per custom built I have contacted an Attorney, contacted the BBB and contacted the Attorney General in the state of georgia since this is the HQ.