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My letter to Extreme management

 
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Antonia



Joined: 05 Nov 2007
Posts: 10
Location: Toronto

PostPosted: Mon Nov 05, 2007 9:59 pm    Post subject: My letter to Extreme management Reply with quote

Thanks to all of you for this webforum.

I have had enough.

Below is the email I sent to Extreme on Saturday. I asked for e-confirmation that the emails had been read and I got them so there will be no excuses of non-receipt.

Yesterday, I spoke with a lawyer friend who confirms that is, from what she can see, in breach of contract.

Meanwhile, last week I joined Riverdale Fitness. It isn't fancy but it's bright, clean, friendly, uncrowded and there's lots of equipment. It is in the health and fitness business not the cash flow business. Check it out.


Antonia Zerbisias
Columnist, Living Section
The Toronto Star
One Yonge Street
Fifth Floor
Toronto, ON
M5E 1E6


Quote:
Sent: Saturday, November 03, 2007 4:09 PM

Subject: Breach of Contract



TO:



Tasos Pappas

Executive Vice-President

Extreme Fitness



Dear Mr. Pappas:



I am a member of the Extreme Fitness Club at 635 Danforth Avenue. Your company bought my contract in 2006 when you acquired the assets of Oxygen Gym which used to occupy these premises.



I used to be a very good member of Oxygen, having purchased more than $5,000 worth of personal training sessions since I joined in October 2005.



I joined and enjoyed Oxygen for its close proximity to my home, its friendly staff, professional trainers, and, most important, its dedication to fitness and strength-training, providing ample space for the latter.



But Extreme Fitness is clearly in the membership business, as I have seen from the constant delivery of flyers to my mailbox, which now promise memberships for $15 a month while I pay more than double that.



Still, since your takeover, I have been very patient while waiting for your promised - but, from my perspective, unnecessary and unwanted -- renovations.



During this period, I have experienced the demolition of the entranceway, necessitating that I go through a dark alleyway at night.



I have lost access to a commodious women's locker room as well as the juice bar.



I have lost the steam room.



At the same time, I have witnessed an influx of new members who pay half what I do - and who seem to have no investment in the gym community, or the maintenance of its equipment.



Your staff is absent from the gym floor. There is nobody to show people how to use the machines, which results in damage. Nobody ensures that members practices proper gym etiquette such as racking their weights or wiping down sweaty equipment.



Concurrent with these losses, the gym space has shrunk and equipment has been removed. The two Concept II rowers, one of the reasons I joined this gym, disappeared without explanation. Duplicates and triplicates of popular machines, such as leg curls and leg press equipment, are gone.



Now many more members compete for much fewer machines. The areas where I could once set up to do my aerobic/strength routine have been taken over by treadmills and other cardio equipment. There is no longer a clear path to do walking weighted lunges.



Even the upstairs water fountain is no longer operational.



The final straw is yet another studio has been shut down, which means that certain classes such as yoga are no longer offered.



The contract I signed, which you assumed when you bought Oxygen's membership, stipulates in sections 1.01 and 1.03 that ''maintain facilities which are substantially similar, with respect to quality and provision of services.'' You have failed to do that.



While you have recently informed members that we may access your other clubs, they must be within five miles. However you did not provide information regarding such access until recently and, indeed, did not acquire any clubs, to my knowledge, within five miles until well after you deprived me of the services for which I contracted.



Furthermore, my contract clearly states that I may bring guests for $10. This was suddenly and without notice changed to $20.



Because you have not upheld your end of the contract, I am seeking full reimbursement for all my fees dating back to May 1 which is when, to the best of my recollection, the equipment removal and loss of services began. As my membership expires Feb. 1/08, I would also expect that I get reimbursed up until that date or until renovations are complete and my services are restored, whichever comes first.



If I do not receive a satisfactory answer from you within 10 days, I will be directing my complaints to Ontario's Consumer Protection Branch, the Better Business Bureau, the local media, as well as pursuing legal action.



Yours truly,



Antonia Zerbisias

Membership number (edited out)



c.c. Alison Stephens, Public Relations, Extreme Fitness

Jim Solomon, CEO, Extreme Fitness
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Antonia



Joined: 05 Nov 2007
Posts: 10
Location: Toronto

PostPosted: Tue Nov 06, 2007 6:58 pm    Post subject: Reply with quote

I just got a call from Steve Venet, the manager of Extreme on Danforth. He said he was in receipt of my email to the brass and wanted to discuss my situation.

His position is that, as I paid no money to Extreme, there was nothing to refund. He proposed that I freeze my membership until renovations were complete.

I told him that I had joined Riverdale Fitness last week and that returning to Extreme was no longer an option. Although I did not mention this, I thought, why should I totally deprive myself of my health club for months?

We agreed to meet to discuss this further.

He is a pleasant guy, and said he had been with the company for 7 years. He called ''the most progressive'' fitness chain out there. I beg to differ.

In any case, he has only been at Danforth since August 13th. I don't envy him. He inherited a disaster.

Speaking of which, I peeked in at the front construction this morning while on my way back from Riverdale. It looks like it is months away from completion. It's still down to the concrete.
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admin
Site Admin


Joined: 20 Jun 2007
Posts: 132

PostPosted: Wed Nov 07, 2007 5:57 am    Post subject: Reply with quote

Like you, I have been deprived of the space and equipment that I paid for. Also, with the overcrowding, I have rarely used the place since shortly after their takeover. I literally want all my money back! Putting my membership on hold would be to say that I have intention of staying with this company. Never! They bought out our memberships, agreed to honour them, and as such they are liable.

If they have any decency and good business practice, they will refund our money. If not, there are always options. I personally feel I have been ripped off, and since to this date (Nov07), no one has offered me compensation, it is not unreasonable to ask for my money back, for breach of contract, and overall reprehensible business practices, imho.
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Antonia



Joined: 05 Nov 2007
Posts: 10
Location: Toronto

PostPosted: Thu Nov 08, 2007 10:09 pm    Post subject: Reply with quote

Since I posted my letter, I have received a number of emails at my office from people who are Oxygen to Extreme members like I am. (Also, my colleague Ellen Roseman, who wrote about Extreme in Sept., keeps getting emails too.)

NONE of the writers are happy. ALL of them describe less-than-pleasant experiences trying to rectify their situation.

I don't know if any of these people are forum posters. But it's obvious there are many very dissatisfied customers.
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ExtremelyAngry



Joined: 18 Aug 2007
Posts: 114
Location: Riverdale, Toronto

PostPosted: Fri Nov 09, 2007 3:36 am    Post subject: Reply with quote

Thank you Antonia.

Your colleague Ellen Roseman, to whom I wrote, told me about this.

http://www.ellenroseman.com/?p=67

It's mostly about other clubs but Extreme gets a mention.
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Clark Lonergan



Joined: 23 Nov 2007
Posts: 13

PostPosted: Fri Nov 23, 2007 8:03 pm    Post subject: Can you provide me with the email and mailing addresses of: Reply with quote

Tasos Pappas

Executive Vice-President

Extreme Fitness



.c. Alison Stephens, Public Relations, Extreme Fitness

Jim Solomon, CEO, Extreme Fitness
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admin
Site Admin


Joined: 20 Jun 2007
Posts: 132

PostPosted: Sat Nov 24, 2007 3:38 am    Post subject: Reply with quote

Thanks! Everyone needs to contact these people individually. Then, if they don't satisfy us, we need to work collectively, with legal assistance, with the BBB, Consumer Protection, Public Health, and anyone else we can, in order for all the dissatisfied customers there to find resolution. Obviously, a class action lawsuit is another good consideration. Imagine the bad press after that hits the front page news!
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Clark Lonergan



Joined: 23 Nov 2007
Posts: 13

PostPosted: Sat Nov 24, 2007 7:25 pm    Post subject: Addresses Reply with quote

Can some one provide the address of the senior Extreme Fitness execs mentioned by name in this complaint.

Thanks
Clark
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richardvon



Joined: 15 Dec 2007
Posts: 1

PostPosted: Sat Dec 15, 2007 7:23 pm    Post subject: I quit Extreme. Reply with quote

I've been a member at the Danforth (Oxygen) since Dec 1999. The club has gone from a clean, friendly, spacious facility to becoming a dump. The purchase of Oxygen by Extreme led to a rapid decline. A year of 'renovations' that seemed unneccessary, and remain unfinished. Drywall dust, jackhammers, near-freezing temperatures, rude staff (if you could find one), all crammed into a fraction of the space we used to enjoy. The final straw for me was the complete closure of the facility on Dec 13, for a month while Extreme will finish the destruction, pardon me, the construction. It's been a year. Enough already. I quit. They are ripping me off for the month of December (keeping my money while offering no service). F*** it. I'll find another gym.
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admin
Site Admin


Joined: 20 Jun 2007
Posts: 132

PostPosted: Sat Dec 15, 2007 11:45 pm    Post subject: Reply with quote

We would encourage you to file a complaint with the Better Business Bureau, and/or the City Health, and any other place you can think of. This kind of thing should never be allowed to happen. (I'm not talking about the so-called construction "upgrade", but the way they have conducted business since the takeover.)
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