Alisa will be very disappointed to find out that her $1000+ 3 year membership financed at 18% (need to check the actual rate probably higher!) is virtually impossible to cancel!
Bally's has definitely gone down hill. Their facilities are always dirty, their child care program is awful and understaffed. The fact that their rates keep increasing every 2 to 3 months for a membership that is paid for is absurd. I cancelled my membership today and will not go back. I am very disappointed in this health club.
Alisa
Houston, TX USA - 15 Jan 1998
From the contract please read carefully and tell me if Alisa has a chance of cancelling:
5. CANCELLATION WITHIN 3 DAYS. You, the Buyer, may cancel this agreement at any time prior to midnight of the third business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice or send a telegram which states that you, the Buyer, are canceling this agreement, or words of similar effect. Such notice shall be sent to: Holiday Spa Health Clubs of California, c/o Bally's Health Club Services, 7755 Center Avenue, Suite 400, Huntington Beach, California 92647, ATTN: Cancellation Dept. Buyer cannot cancel this Contract at the health club.
6. CANCELLATION UPON DEATH OR DISABILITY. If by reason of death or disability of Member, Member is unable to receive all services for which he has contracted, Buyer and his estate shall be relieved from the obligation of making payment applicable to Member's membership for such services other than those services received prior to death or the onset of such disability. In the event Buyer has prepaid any sum for services, we will promptly refund to Buyer, or his personal representative, so much of such sum as is allocable to services Member has not taken. To cancel under this paragraph, send to our office listed in Paragraph 5 proof of death or a written certification of such disability by a physician licensed under this State which includes the following information: diagnosis, extent of disability, date of onset and estimated duration of disability. Buyer agrees to return this Contract, Member's membership card, and any documents received at or after this Contract was signed evidencing Member's membership in the health club. Member agrees that we may verify your disability directly with your physician. Refunds of the membership fee are prorated over 36 months from the Contract date, except that refunds of the membership fee for nonrenewable membership plans are prorated over the term of the plan. Your refund may be reduced by the amount of the membership fee that remains unpaid because of the manner by which we calculate your finance charge. Monthly dues allocable to periods after cancellation will be refunded.
7. CANCELLATION UPON RELOCATION. If Member permanently moves further than 25 miles from the health studio and is unable to transfer this Contract to a comparable facility, Buyer shall be relieved from the obligation of making payments applicable to Member's membership for services other than those received prior to the move. If any such club is within 25 miles of the new residence, Buyer will not be permitted to cancel Member's membership. Member will be required to adhere to the rules of any club to which Member transfers his or her membership.
To cancel under this paragraph, send to our office listed in Paragraph 5 any two of the following as proof of Member's new permanent residence: a current and valid lease, a utility bill, a bank statement or credit card bill, a yellow change of address label indicating mail was forwarded to your new address by the post office, or your new driver's license with issue date. You must also send a cancellation fee in the amount of $50 and return this Contract, Member's membership card and any other documents received at or after this Contract was signed evidencing Member's membership in the health club. Following cancellation, you will be relieved from the obligation of making payment for services other than those received prior to the move and if you have prepaid any sum for health club services, so much of such sum as is allocable to services Member has not taken shall be promptly refunded. Refunds of the membership fee are prorated over 36 months from the Contract date, except that refunds of the membership fee for nonrenewable membership plans are prorated over the term of the plan. Your refund may be reduced by the amount of the membership fee that remains unpaid because of the manner by which we calculate your finance charge. Monthly dues allocable to periods after cancellation will be refunded.
8. OTHER CANCELLATION RIGHTS. You may cancel this Contract if your club of enrollment permanently closes and you live more than 25 driving miles from any other club which you are entitled to use under the membership plan you have chosen or any substantially similar facility which will honor your membership at no additional charge. If any of these clubs are within 25 driving miles of your residence, you will not be permitted to cancel your membership. You will be required to adhere to the rules of any club to which you transfer your membership. To cancel under this paragraph, return to our office listed in Paragraph 5 this Contract, your membership card and any other documents you received at or after this Contract was signed evidencing membership in the health club. Your cancellation will be effective only when we receive all these items. Following cancellation, you will receive a prorata refund of the membership fee paid which is allocable after the date of the club closing. Refunds of the membership fee are prorated over 36 months from the Contract date, except that refunds of the membership fee for nonrenewable membership plans are prorated over the term of the plan. Monthly dues allocable to periods after cancellation will be refunded.
A CANCELLATION ACKNOWLEDGEMENT will be sent, or additional documents requested, within 10 business days after we receive your written cancellation notice pursuant to any of the above paragraphs 5 - 8.
9. RESERVATION OF RIGHTS. We reserve the right at any time to close any of our facilities or alter the hours of operation, and the right to amend the cost of, add, modify and / or eliminate any program, activity, class or service in our sole discretion. Except as prevented by act of God, war, strike and other causes beyond our control, and subject to our rights reserved in this paragraph, we will, during the term of Member's membership, maintain the health club facilities and the supervision thereof substantially as of the date of this Contract. Classes and equipment are available subject to demand and may be crowded at peak hours or may be discontinued or times changed if demand fluctuates.
She is stuck! Is this Mr. Hillman's idea of customer service in the year 2000?
Pancho
PS: notice that you can only cancel if you die, move to a place with no club with 25 miles. Get dissabled.
If they screw up you can not cancel.
If the clerck at the counter spits at you, you can not cancel.
If your wallet continuously gets stollen at the locker room you have no right to cancel.
Folks how much longer do you think this cover up can last?
Mr. Hillman will fix everything! Well this is March 98 and he is counting on the super scam 3 year membership contracts as the corner stone of his business building plan. |
