This Business is not BBB accredited

Pure Fitness Downtown

Additional Locations

Phone: (619) 579-1818 Fax: (619) 231-4973 701 B St #366, San Diego, CA 92101 View Additional Email Addresses http://www.purefitness.com

Print

BBB Business Reviews may not be reproduced for sales or promotional purposes.

Description

This company offers a health club.

BBB Accreditation

On 10/15/2014 this business's accreditation in the BBB was revoked by the BBB's Board of Directors due to its failure to adhere to the BBB requirement that Accredited Businesses meet and abide by the following standards:

  • 6A. Promptly respond to all complaints forwarded by BBB by:
    1. Resolving the complaint directly with the complainant and notifying BBB, or
    2. Providing BBB with a response that BBB determines:
      • is professional,
      • addresses all of the issues raised by the complainant,
      • includes appropriate evidence and documents supporting the business' position, and
      • explains why any relief sought by the complainant cannot or should not be granted.

This business is not BBB accredited.

Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBB accreditation.

To be accredited by BBB, a business must apply for accreditation and BBB must determine that the business meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses must pay a fee for accreditation review/monitoring and for support of BBB services to the public.

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that lowered the rating for Pure Fitness Downtown include:

  • 21 complaints filed against business
  • Failure to respond to 4 complaints filed against business
  • 2 complaints filed against business that were not resolved
  • Advertising issue(s) found by BBB
  • BBB Accreditation was revoked because the business failed to honor its accreditation agreement with BBB.


Customer Complaints Summary Read complaint details

21 complaints closed with BBB in last 3 years | 16 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 2
Billing/Collection Issues 2
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 17
Total Closed Complaints 21

Customer Reviews Summary Read customer reviews

0 Customer Reviews on Pure Fitness Downtown
Customer Experience Total Customer Reviews
Positive Experience 0
Neutral Experience 0
Negative Experience 0
Total Customer Reviews 0

Additional Information

top
BBB file opened: February 22, 1995 Business started: 07/08/1992 in CA Business incorporated: 05/06/2011 in CA
Type of Entity

Corporation

Business Management
Mr. Michael D London, C.E.O.
Contact Information
Principal: Mr. Michael D London, C.E.O.
Related Businesses
Pure Fitness - El Cajon Purefitness Carlsbad PureFitness Pacific Sports Club Inc
Number of Employees

10

Business Category

Health Clubs

Alternate Business Names
Purefitness at the Westgate Hotel Purefitness Downtown Sports Club Inc

Additional Locations

  • THIS LOCATION IS NOT BBB ACCREDITED

    234 Broadway

    San Diego, CA 92101

  • THIS LOCATION IS NOT BBB ACCREDITED

    701 B St #366

    San Diego, CA 92101

X

What is a BBB Business Review?

We offer free reviews on businesses that include background, licensing, consumer experience and other information such as governmental actions that is known to BBB. These reviews are provided for businesses that are BBB accredited and also for businesses that are not BBB accredited.

X

About BBB Business Review Content & Services:

Some Better Business Bureaus offer additional content & services in BBB Business Reviews.
The additional content & services are typically regional in nature or, in some cases, a new product or service that is being tested prior to a more general release.
Not all enhanced content & services are available at all Better Business Bureaus.

Professional AffiliationsX
X

Types of Complaints Handled by BBB

BBB handles the following types of complaints between businesses and their customers so long as they are not, or have not been, litigated:

  • Advertising or Sales
  • Billing or Collection
  • Problems with Products or Services
  • Delivery
  • Guarantee or Warranty

We do not handle workplace disputes, discrimination claims or claims about the quality of health or legal services.

X

BBB Complaint Process

Your complaint will be forwarded to the business within two business days. The business will be asked to respond within 14 days, and if a response is not received, a second request will be made. You will be notified of the business's response when we receive it (or notified that we received no response). Complaints are usually closed within 30 business days.

X

What is BBB Advertising Review?

BBB promotes truth in advertising by contacting advertisers whose claims conflict with the BBB Code of Advertising. These claims come to our attention from our internal review of advertising, consumer complaints and competitor challenges. BBB asks advertisers to prove their claims, change ads to make offers more clear to consumers, and remove misleading or deceptive statements.

X

What government actions does BBB report on?

BBB reports on known significant government actions involving business' marketplace conduct.

X

Thank you for your feedback!

Help us improve by taking our survey.

X

BBB Reporting Policy

As a matter of policy, BBB does not endorse any product, service or business.

BBB Business Reviews are provided solely to assist you in exercising your own best judgment. Information in this BBB Business Review is believed reliable but not guaranteed as to accuracy.

BBB Business Reviews generally cover a three-year reporting period. BBB Business Reviews are subject to change at any time.

X

Additional Email Addresses

  • - Customer Service
Find a LocationX

  Change Location
Show Only Accredited Locations


Complaint Detail(s)

10/16/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Company took money to secure a special rate when the facility opened. On 2/20/12 we were informed that the facility would open in 2-3 months. We kept checking in - we were told a number of times "just another month or two". We were also given the runaround on how to get a refund. after nearly two years we were finally told how to cancel and get a refund. It has been about 8 months and we still didn't get our refund.

Desired Settlement: We should receive a refund for the service we never received.

10/14/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I paid $310.00 for a gym membership that never opened. I would like a refund but have been unsuccessful.

Desired Settlement: I would like a full refund of the $310.00.

10/8/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: In June 2012, I signed a contract with Pure Fitness for a new multi-million dollar gym facility at the West Gate Hotel. The gym was in construction and many City staff members were given promotional rates to sign up while the gym was in construction. We were told in June 2012 that the gym would be open in 3 to 4 months (fall 2012). We were told that we could use the gym at another building nearby for FREE until the new gym opened. We were told that we would not be charged montly payments until the new gym at the West Gate Hotel was open for business. As of November 2013 (1 year and 5 months later), the gym at the West Gate Hotel had not opened. Therefore, a coworker requested and successfully received a refund of the $310 initiation fees. I also submitted a request for a refund of my $310 initiation fees on November 22, 2013. I received a response letter from Pure Fitness on November 25, 2013 stating that a check request had been submitted. The letter also stated that my refund could take up to 4 to 6 weeks to process. I called Pure Fitness in early January 2013 asking about the status of my refund since I had not recieved it. I received another letter from Pure Fitness on January 13, 2014 stating that the matter is in litigation and that Pure Fitness believes that the Westgate Hotel is the "responsible party". I do not have a contract with the Westgate Hotel. I have a contract with Pure Fitness. Pure Fitness is obligated to return my money since they have not provided the gym that I signed up for in a reasonable amount of time. It has been over two years since I originally signed the contract for the multi-millioin dollar gym facility that is right across the street from my office building. The facility has never opened nor have I been advised that the facility is open. At this point, the contract was not fulfulled in a reasonable amount of time and I need to have my money back. I have already signed up for another gym facility and I no longer need this gym.

Desired Settlement: I would like Pure Fitness to send me a check for $310 to reimburse me for the initiation fees that were charged for the gym in the West Gate Hotel which never opened. Pure Fitness has sent checks to some of my coworkers and others were not reimbursed. If Pure Fitness believes that the West Gate owes them money for not honoring the contract between Pure Fitness and the West Gate, then Pure Fitness has every right to file a lawsuit against the West Gate. Innocent patrons that sign up for a gym should not have to foot the bill for the issues between Pure Fitness and the West Gate. I suggest that PUre Fitness return my money immediately and take up their issues with the West Gate. My contract with Pure Fitness was not honored; therefore, I am legally due a refund from Pure Fitness.

10/8/2014 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: On 10/05/2011 I entered into a contract with Pure Fitness for a gym membership. My membership was based on the opening of a new facility in the Westgate Hotel in downtown San Diego. I was offered a one time payment option which would allow me to access the old facility until the new one was built. I paid for a year in advance a total of $1,220.00. My contract states " New members 13 months to start when Westgate opens, we will transfer locker to Westgate. Member received 13 months for free for Paid in Full. MDL Approved" Pure Fitness has decided not to open the new locations at the Westgate Hotel. Since they did not provide the services outlined in the contract I am requesting a refund. I spoke to the manager and he indicated the owner would be contacting me, I have followed up repeatedly and no one has responded. Thank you for you help.

Desired Settlement: Refund $1,220.00

8/27/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: In October 2012, I signed up and put down a $310 deposit for a membership at the Pure Fitness Westgate location, which wasn't finished being built yet. It was advertised as a state-of-the-art gym with an outdoor track, Jr. Olympic pool, and every other amenity you can think of. I was offered free use of a different, yet substantially lower quality gym in the Merrill Lynch building for free until the Westgate location opened, which I was informed would be January 2013. The opening was delayed, and I used the PureFitness gym at the Merrill Lynch building for about a year until they notified all members who were similarly situated as me that they would have to begin to charge for use of the Merrill Lynch gym. I decided to sign up at another gym since I was never really a fan of the Pure Fitness gym in the Merrill Lynch building, and only used it out of convenience. As it turns out, the Westgate gym was involved in litigation, and remains unfinished and unopened to this day. Because of an impending move to the Bay Area, I cancelled my membership without ever stepping foot in the Westgate gym. I was told by the manager that funds were tied up, but I'd eventually get my deposit back. Just today, I received a letter that because I used the Merrill Lynch gym, which I never wanted in the first place, but it was offered to me for free, that I would not be receiving my deposit back. I'm extremely unhappy.

Desired Settlement: Pay me the $310 deposit back that I paid for a gym that I never stepped foot in.

Business Response: Member came in and cancelled on 1/9/14. PureFitness processed his cancellation and calculated how much his refund will be. PureFitness calculated that he doesn’t qualify for a refund because of the services he was provided.

Per Legal Guide W-10, Overview of California’s Health Studio Services Contract Law: Upon cancellation, all payments must be refunded after health club receives notice of the cancellation, expect that you must pay for any services that you received prior to cancellation.

**** ******** used the club 70 times (at $39.00 per month from October 2012 to October 2013) Therefore, member doesn't qualify for a refund of $310.00 because of services member received at PureFitness Pacific (701 B St. location) prior to cancellation

 

Consumer Response: On or about October 2012, I entered the Pure Fitness Westgate location to inquire about a gym
membership. I spoke to Pure Fitness’s salesman, ******. He showed a friend of mine and me
around the uncompleted gym. He repeatedly claimed that the gym would be a state-of-the-art,
$12 million facility, which cost six times more than San Diego’s other premier gym, Fit. At the
time, ****** informed us that the gym would be completed and open by January 2013. ******
informed me that while I (and other) Pure Fitness Westgate members waited for the Westgate
location to open, that I could use Pure Fitness’s sister location free of charge. Based upon those
promises, I signed up for the Pure Fitness Westgate location and paid a $310 deposit.

To that point, I had never stepped foot in Pure Fitness Westgate’s sister location, and I had no
prior interest of signing up there. The Pure Fitness Westgate’s sister location is vastly inferior to
what was being promised at the Westgate location. The Westgate location was, and continues to
be advertised as the premier sports and exercise facility in San Diego. The Westgate location has
been advertising a junior Olympic-sized pool, an outdoor running track, an outdoor half-court
basketball court, a full-services spa (including steam room, sauna), among many other top-ofthe-
line amenities. Pure Fitness Westgate’s sister facility, however, is an underground, out-ofdate
location that offers nearly none of the amenities promised at the Pure Fitness Westgate
location. The agreement at issue is for the Westgate location. Pure Fitness Westgate withheld
use of all of its promised facilities for over 15 months up until the time I had terminated my
agreement, and it continues to withhold such use from others similarly situated to me.

Every few weeks, the Pure Fitness’s managers, primarily ******* ********, informed me and
other Pure Fitness members that the Westgate location’s opening date was being pushed back
due to construction issues. What wasn’t disclosed was that no building was being done due to
litigation between the Westgate and Pure Fitness. Several months had gone by and I continued to
use the sister location, although I signed up for an alternative gym during that time so that I
could enjoy some of the amenities I thought I would have been getting at Pure Fitness Westgate.

Eventually, I received a letter from Pure Fitness stating that it could no longer offer free use of
its sister gym, and that it would be charging all members for use of the sister location. I
understood, and immediately stopped attending the Pure Fitness sister gym. Several months had
gone by, but I had not terminated my membership because I was still waiting for the Pure Fitness
Westgate location to open. I did not attend the Pure Fitness sister location during that time (as
they were charging fees to members). Then, on or about January 9, 2014, I learned that I was
going to be moving from San Diego. I immediately cancelled my membership, and filled out a
cancellation form so that I could get my $310 deposit back.

Several days after my notice of intent to cancel the contract, Pure Fitness informed me that
because I had used the Pure Fitness sister location for a specified period of time, use of which it
had offered for free, that I did not qualify for a return of my deposit. At no point did I receive the
benefit of my bargain, and I hereby demand return of my $310.

LEGAL ARGUMENT
Purpose of the California Contracts for Health Studios Services Code
The Legislature declares that the purpose of this title is to safeguard the public against fraud,
deceit, imposition and [sic] financial hardship, and to foster and encourage competition, fair
dealing, and prosperity in the field of health studio services by prohibiting or restricting false or
misleading advertising, onerous contract terms, harmful financial practices, and other unfair,
dishonest, deceptive, destructive, unscrupulous, fraudulent, and discriminatory practices by
which the public has been injured in connection with contracts for health studio services (Civ.
Code §1812.80(b).)

Performance Must Begin Within Six Months of the Contract

Every contract for health studio services shall provide that performance of the agreed-upon
services will begin within six months after the date the contract is entered into (Civ. Code
§1812.85(a).) The consumer may cancel the contract and receive a pro rata refund if the health
studio fails to provide the specific facilities advertised or offered in writing by the time indicated.
Id. If no time is indicated in the contract, the consumer may cancel the contract within six
months after the execution of the contract and shall receive a pro rata refund. Id. If a health
studio fails to meet a timeline set forth in this section, the consumer may cancel the contract at
any time after the expiration of the timeline. Id.

I entered into the agreement at issue on or about October 2012. On January 9, 2014, I terminated
the agreement. During those 15 months, I had not stepped foot in the contracted-for facility. I
took advantage of an offer for free use of Pure Fitness Westgate’s sister location, which was
vastly inferior in quality, services, and amenities. I therefore received NO benefit of the bargain
from my agreement with Pure Fitness. Pursuant to California Civil Code §1812.85(a), I am
entitled to a pro-rata share of my deposit. Because I received NO benefit of the bargain, I am
entitled to a full return of my $310 deposit.

Agreements Entered into through Reliance upon Willful and False, Fraudulent, or
Misleading Information are Void and Unenforceable

Any contract for health studio services entered into in reliance upon any willful and false,
fraudulent, or misleading information, representation, notice or advertisement of the seller shall
be void and unenforceable (Civ. Code §1812.92.)

Pure Fitness’s agents made many promises, all of which turned out to not only be false, but were
knowingly false misrepresentations. ****** of Pure Fitness told me that the gym would open in
January of 2013. That was not only untrue, but it was not possible based upon the fact that
construction to the gym had been halted due to litigation or known-of impending litigation, and
the gym was very far from completion. ****** of Pure Fitness also promised me that I could use
Pure Fitness’s sister gym for free while I waited for the Westgate location. This was also untrue,
as Pure Fitness turned around to say I did not qualify for return of my $310 deposit (which was
made for the Westgate location) because I had used the sister gym, thus retroactively assigning a
monetary value on my use of its sister gym. Pure Fitness made multiple subsequent
representations as to when the Westgate location would open, all of which were untrue. The Pure
Fitness Westgate location remains unopened to this day.

I was induced to enter into this agreement based on promises made on behalf of Pure Fitness
through its agents. The information and representations made to me by Pure Fitness’s agents
were false, fraudulent, and misleading. Because I was induced to enter the agreement by false,
fraudulent, and misleading information, the contract is void and unenforceable under California
Civil Code §1812.92, and I am entitled to a full return of my $310 deposit.

CONCLUSION
I entered into an agreement to use a top-of-the-line, premier facility located at Pure Fitness
Westgate. However, I never set foot in the location after I signed my agreement. I was promised
free use of Pure Fitness Westgate’s vastly inferior sister gym while I awaited completion and
opening of the Westgate location, but I was retroactively charged for such use. I never received
the benefit of the bargain for the agreement into which I entered. The $310 deposit was paid in
consideration of use of the Westgate location, and was not intended to be retroactively applied to
my use of a facility that had been offered to me by Pure Fitness for free. In consideration of the
legislative intent of California’s health studios laws, as well as the general legal principle of
equity, Pure Fitness should be required to fully return my deposit of $310.
I declare under the penalty of perjury under the laws of California that the foregoing is true.

8/20/2014 Problems with Product/Service
7/15/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I signed up for a gym membership for the downtown Westgate Hotel location and paid $270 for membership and monthly dues on 11/6/2011. In February of 2012 I received an email indicating a soft opening for the facility. When I showed up, construction was stopped. I was told I could not receive a refund until after the facility opened. On 5/13/13, I went into the Pure Fitness Center on B Street, and was told previous information given to me was incorrect. I signed a notice of cancellation, and was told the I would receive a refund within a week. Since this time I have contacted Pure Fitness by phone, and I am either directed to the accounting person named ******, whose phone mail message indicates he only two days a week, or have spoken to an employee who states they will give my information to the owner ******* ******, and he will contact me to discuss my refund. To date I never received a phone call from anyone at Pure Fitness to indicate when I will receive my refund. I never used their facility in the downtown location.

Desired Settlement: I want to receive a refund for the full amount I paid for a membership to a facility that has never opened.

Business Response:

The matter is still in litigation and believe that the responsible party is the Westgate Hotel. Therefore, PureFitness anticipate some form of class action or representation for refunds to be decided within the next 30 days. 

 

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

My contract was with Pure Fitness and the money I gave in good faith was to Pure Fitness. I do not have a contract with the Westgate Hotel. Whether the gym opens or not I cancelled my contract with Pure Fitness and want the money returned to me. When I met with the accounting person with Pure Fitness several months ago and we mutually cancelled the contract, my expectation was to get a refund within a week. After several phone calls to Pure Fitness to check on the status of my refund and no response I turned to the BBB for assistance. 

Regards,

***** ******

Business Response: Due to the club being in litigation, including all the related fees and financial strain it has caused PureFitness it would be difficult to pay the $270 up front. Even thought there is a contract provision regarding construction delays, we are willing to pay $75 per month till all monies have been refunded.

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved. The first payment of $75 should be sent to me no later than March 15, 2014, and a monthly payment of $75 due on the 15th of each month until paid in full, but no later than June 15, 2014. 

Regards,

***** ******

Consumer Response: To date I have not received the $75 per month promised by Pure Fitness to resolve my issues with them.  I had requested they begin payment staring March 15, 2014 and make their monthly payment by the 15th of each month, until paid if full.  I felt the need to make such a request, as I don't have they any incentive to resolve the issue with me in a timely manner.

***** 


Business Response: We apologize for not responding. We incurred problems in receiving emails from the BBB due to incorrect email. We are sending out your check 3/31/14. Again we apologize for the inconvenience.

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

I received the first payment of $75 in early April that was send on 3-3-14, but it is May 9th and should have received the second payment of $75.  If payments are made as promised, then I will be satisfied. 

Regards,

***** ******

Consumer Response: I had previously filed a complaint, NO. *******, and business agreed to pay $75 per month until the $270 payment I made was repaid to me. To date they have only made one payment to be for $75 at the end of March 2014. I am still owed $195, and if they had made their payment as promised they would have sent me $150 and for April and May and owe me $45 for June. I had originally signed to join the gym on Nov 4, 2011. On 5/3/2013 after being lied to repeatedly about the opening of the new gym I went to their facility downtown on Broadway, and signed a cancellation notice, and was told I would receive a full refund. I have contacted the gym o number occasions, and can recall the exact number of times I contacted Pure Fitness. I left either a voice mail that went unreturned, contact from people that have no authority to make the decision. The promised I could speak to the owner, never happened.

I want full payment of $195 for the balance owed to me. I don't want to hear any excuses that they didn't understand about the previous complaint being lost in emails. They have used every excuse possible to not pay me.


Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID*******, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

****,
 
I just spoke to you. Can you please re-open my file, as I have not received the final payment of $195 from Pure Fitness. 
 
***** ****** 
************




6/2/2014 Problems with Product/Service
5/28/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I purchased a gym membership with Pure Fitness Westgate in San Diego. I purchased phase 1 membership (pre-opening of club) and paid a $370 cash deposit on February 1, 2012. At the time of purchase, I was told the club was opening in one month. Two years later, the club is still not open. I cancelled my membership on October 17, 2013 according to the club's cancellation policy. I was told I would receive a refund within 4-6 weeks. I have not received any money back from them.

Desired Settlement: I would like a full refund of my $370 cash deposit.

Business Response:

The matter is still in litigation and believe that the responsible party is the Westgate Hotel. Therefore, PureFitness anticipate some form of class action or representation for refunds to be decided within the next 30 days. 

5/28/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: October 26, 2011 I purchased a club membership for $270.00 with representations that the club would be opening at the beginning of 2012. I received multiple e-mails promising that the club was going to open. In approximately August 2013 I requested a refund of my membership fees of $270 which there is a provision in the contract for. I filled out Purefitnesses required refund request form and presented it to their representative at the Westgate. I have since received letters stating that they can't refund my money because they are in litigation.

Desired Settlement: I want my $270.00 refunded to me per the contract.

Business Response: The matter is still in litigation and believe that the
responsible party is the Westgate Hotel. Therefore, PureFitness anticipate some
form of class action or representation for refunds to be decided within the
next 30 days. 

4/24/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Pure fitness at the Westgate hotel was offering a pre opening special to the upcoming state of the art gym, with a roof top swimming pool, sauna, steam room basically the best gym San Diego has ever had. I signed up in Sept/ Oct 2012 after being told that the gym would be fully open and functional Jan 2013, and if I liked in the mean time I could use there old gym on B street at no charge. January 2013 came around, then February, then March still not opened. I went down to the Westgate where I signed up asked what's going on, I was told there was a delay be patient give it a couple more months. Couple of more months turned into 6 more months and still nothing. Then after about a year of waiting I received a letter stating that because Pure Fitness was in litigation it might take much longer to open and because of that they where going to start charging people who used the B street facility, whereas at time of signing up I was told we could use if for free until the new gym opened, that was a selling feature, even so I only used the B street facility a hand full of times in the year I was waiting because it wasn't up to my exceptions as a gym. I wasn't going to wait any longer and certainly wasn't going to pay for a gym I didn't use or didn't want, so I decided to cancel. I went back to the Westgate and cancelled and was told it would be 4-6 weeks before I received a check with a full refund $310, it seemed a long time, but I accepted it. Then a couple of weeks later I receive a letter saying it will take longer. I feel like I was deceived from the beginning about everything, and I just want my refund and want nothing to do with this club or its owner.

Desired Settlement: I paid $325, which included $125 initiation fee, $45 annual amenity fee $70 first month fee and $70 last month fee. I would like a complete refund ASAP

Business Response: ****** ****** cancelled on 10/15/13. A letter was sent out to member on 10/25/13 informing member that all refunds take 4-6 to process and because of litigation, it might take a bit longer. As of today, his refund is still schedule to be mailed out on December 1st. If there is a delay, PureFitness will contact member and as of today, there’s no delays than the normal processing period of 4-6 weeks. 

4/24/2014 Problems with Product/Service | Complaint Details Unavailable
3/21/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: On August 28, 2012 I signed a contract with Pure Fitness based on the advertising of a new Pure Fitness location to be located at the Westgate Hotel located at 1055 2nd Avenue, San Diego, CA 92101. Prior to signing the contract with Pure Fitness, I was told that even though the Westgate Hotel location was not yet open, it was scheduled to open within 60-90 days from the date I signed my contract. The ONLY REASON I signed a contract with Pure Fitness was because of the new facility that I was told was opening at the Westgate Hotel. I am and have been a member of 24 Hour Fitness and again, the ONLY REASON I signed a contract with Pure Fitness was because of the facilities (i.e., state of the art workout equipment, rooftop swimming pool and workout facilities, and HOT yoga that was promised to me as being included with the membership). Along with the contract that I signed, I had an additional amendment to my contract that clearly states that my contract can me cancelled, along with 100% of my initial sign up fees paid ($310.00) at any time and up to 30 days after the Westgate Hotel facilities opened "if hours of operation and heated yoga classes do not meet the expectations of Mr. Blevins." Both the contract and amendment were signed by "George" the Pure Fitness Salesman. Along with signing up with Pure Fitness was the verbal contract that there would be absolutely ZERO MONTHLY MEMBERSHIP FEES OWED TO PURE FITNESS UNTIL THE WESTGATE HOTEL PURE FITNESS FACILITIES OPENED! There a a number of other individuals who were promised the exact same thing and who have already filed complaints with the BBB of San Diego. The facilities at the Pure Fitness location at 701 B street in San Diego do not even come close to the facilities promised at the Westgate Hotel! Again, I did not join Pure Fitness to become a member of their 701 B Street location or other locations. In October, 2013, I received a letter (as did many other members who signed up to join the Westgate Hotel facilities) from ******* ****** stating that beginning November 1, 2013, I would have to pay $40.00 a month to continue working out at Pure Fitness until the Westgate Hotel location opens (which has been in a legal battle for approximately 9 months with everyone being told by Pure Fitness Staff that it will open in a couple of months). Then a couple of months would pass by and then Pure Fitness would tell me that it's going to open in a couple of more months. Then a couple of more months would pass by and then be told the same thing again! The Westgate Hotel Pure Fitness NEVER OPENED AND IS STILL NOT OPENED TO THIS DAY! After speaking with the Sales Manager "Derrick" at the 701 B Street location about this, he assured me that if I chose not to continue my membership with Pure Fitness that I would receive a 100% refund as stated in my original contract. He told me along with other staff members there that the Westgate Hotel facilities will NEVER OPEN! I chose not to continue with Pure Fitness and signed a cancellation form which also states my refund of $310.00 due back to me per my legal contract. Approxomately a week later, I received a letter from ******* ****** informing me that he is not refunding me ANY of my money! Ironically, he has refunded other members' monies after they filed complaints! I am requesting that ******* ****** and Pure Fitness refund me the $310.00 legally owed to me!

Desired Settlement: Refund of $310.00

Business Response:

Member came in and cancelled on 11/1/13. PureFitness processed his cancellation and calculated how much his refund will be. PureFitness calculated that he doesn’t qualify for a refund because of the services he was provided.

 

Per Legal Guide W-10, Overview of California's Health Studio Services Contract Law: Upon cancellation, all payments must be refunded after health club receives notice of the cancellation, expect that you must pay for any services that you received prior to cancellation.

 

*** ******* used the club for 14 months (at $39.00 per month from August 2012 to October 2013). Therefore, member doesn’t qualify for a refund of $310.00 because of services he received at PureFitness Pacific (701 B St. location) prior to cancellation.

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

The response given by Pure Fitness is legally irrelevant. Per my explanation in my original complaint, I have a signed contract stating a guaranteed 100% refund of any and all fees paid ($310.00) if gym did not open or meet my expectations. Neither did. Again, see my original complaint.  I am also aware of discriminatory practices by ******* ****** and other employees of Pure Fitness as he has given refunds to other individuals who filed complaints against his unethical business practices. 

 
******* ****** is in violation of a legal contract. 

Regards,

******* *******



Business Response: The contract does state that no dues will be charged until Westgate is open and that is only relevant if they stay as current members until Westgate opens but members ended up canceling, therefore, PureFitness is entitled to charge for any services that members received prior to cancellation. ******* ******* used the club for 14 months (at $39.00 per month from August 2012 to October 2013). Therefore, member doesn’t qualify for a refund of $310.00 because of services he received at PureFitness Pacific (701 B St. location) prior to cancellation.

 

3/18/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I signed up to Pure Fitness in March of 2012 and was told the gym would be ready by May. I was repeatedly told the gym would open soon but it never did. On November 18, 2013, I was tired of waiting and went to the gym and asked for a refund. I was told I would have it in 4 - 6 weeks. On November 25, 2013, I received a letter stating the refund would come in 4 - 6 weeks. On January 7, 2014, I received another letter stating that Westgate was responsible and they would not be refunding be my money at this point in time. I have called repeatedly to no avail. The owner ******* ****** does not return phone calls and management has reiterated that there are no refunds at this time.

Desired Settlement: I want my money back plus interest

Business Response: The matter is still in litigation and believe that the responsible party is the Westgate Hotel. Therefore, PureFitness anticipate some form of class action or representation for refunds to be decided within the next 30 days. 

3/18/2014 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: On February 28, 2012, I joined Pure Fitness at the Westgate Hotel. I was informed the club would open by that April, maybe May timeframe. Months and months have gone by and the club is still not open. I paid Pure Fitness a deposit of $270 at the time of my application. Apparently this club will never open as Pure Fitness is in litigation with the Westgate Hotel. Therefore, on January 4, 2014, I canceled my membership and requested a refund of my deposit. I received a letter dated January 9, 2014, stating that Pure Fitness is not refunding deposits as they believe the Westgate Hotel is responsible to provide the refund. I didn't pay the Westgate, I paid Pure Fitness. Almost two years has gone by and I would like my money back. I believe this is an unfair business practice by Pure Fitness.

Desired Settlement: I would like a full refund of my initial deposit of $270.00.

Business Response: The matter is still in litigation and believe that the responsible party is the Westgate Hotel. Therefore, PureFitness anticipate some form of class action or representation for refunds to be decided within the next 30 days. 

3/14/2014 Problems with Product/Service
10/25/2013 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: On January 27, 2012 my husband and I signed up for a "pre-sale" membership at a location of Pure Fitness that was under construction in the Westgate Hotel in downtown San Diego. We were given a sales pitch promising a premium gym which was to open by February or March of 2012. The sales associate collected $540 from us via credit card which was to pay for initiation fees, membership fee, and first month's dues. Payment of $65 per person, or $130 total would be collected from our accounts once the gym opened. In the meantime, they said we could use, free of charge, an inferior location ("Merrill Lynch" location at 701 B street) also in Downtown San Diego that did not offer any of the amenities of the Westgate gym. My husband and I used this gym once together, and I went once alone and were so disgusted by it that we never returned. The ceilings were leaky, the carpets were moldy, the equipment was run down. The gym itself was built in the basement of an office building out of converted raquetball courts. There were no windows and just small makeshift fitness areas. The Westgate location was promised to have 3 levels, 3 fitness studios, use of a hot yoga studio, a roofdeck outdoor swimming pool, outdoor spin classes, basket ball court and valet parking. Essentially, we pre-paid for a 2012 BMW but were given a 1991 Chevy Cavalier to drive in the meantime. Now, nearly 2 years later, the owner, ******* ******, has filed chapter 11, construction has stalled for over a year, and the gym is still not open. I went to the Pure Fitness office today in the Westgate Hotel and filled out a cancellation form. The sales associate ***** told me that in 3 weeks we will be refunded our full deposit. In speaking to other fellow pre-sale buyers who have filled out this form in the past few months, they do not refund the money. Instead they claim, without any contract to back it, that they will deduct from our initial payment monthly dues of $50/month per person ($100/month total) for the use of the Merrill Lynch gym. This was never part of the contract, is not written anywhere in what we signed and agreed to, and is completely illegal and unethical.

Desired Settlement: I want, as the law entitles me to, the full refund of our membership payment. We paid for a service and the service was never rendered. We want a refund, which our signed contract entitles us to.

Business Response: ******* ******, the owner of PureFitness already had a conversation with **** ***** on 10/19/13. Pleasee below:

From: "**** *****" <************@*****.com>
Subject: Regarding Pure Fitness Refund
Sent date: 10/19/2013 03:07:37 PM
To: <******@purefitness.cc>

Hello *******,

Thank you for calling me this afternoon.  Per our conversation, you will pay a refund to my husband and me (**** and **** ***** - formerly ***** "****" ********) the full amount of $540 as was paid to Pure Fitness on January 27, 2012.  As soon as we receive this check mailed to our home address (as it appears on our membership agreement) and it clears (within 2 business days) I will be happy to publicly share via:

1. my personal ******** page 
2. the Westgate Refund page
3. my husband's **** review
4. the ******* ** news (via phone call to ******* *********)

that after completing the cancellation form at the Westgate Pure Fitness office, you, ******* ******, refunded my husband and I in the full amount in a timely manner and had the courtesy to call and explain the situation to me.  

I will thank you and help spread the word that you gave us a refund as soon as we have said refund back in our checking account.

Thank you and I look forward to putting this whole mess behind us.

Sincerely,

****

On 10/21/13 her check was mailed out. ******, the company’s controller e mailed ****:

From: <******@purefitness.cc>
Subject: Refund Check
Sent date: 10/23/2013 11:02:23 AM
To: <************@*****.com>
Cc: "******* ******" <***@purefitness.cc>, <******@purefitness.cc>

Hello ****,
   Attached is a copy of the reufnd check we mailed you last monday.  You should have received it by now, if not, maybe it will be in your mailbox today.  Thank you. 

****** **
CFO
###-###-####


**** replied:

From: "**** *****" <************@*****.com>
Subject: Re: Refund Check
Sent date: 10/23/2013 11:13:52 AM
To: "******@purefitness.cc"<******@purefitness.cc>
Cc: "******* ******" <***@purefitness.cc>, "******@purefitness.cc" <******@purefitness.cc>


Thank you I did receive it yesterday and deposited it last night. I'll be sure to tell my friends that ******* held true to his word and sent the refund in a timely manner.

I truly appreciate your promptness.

****

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution satisfactory to me.  The business has performed this action and I consider this complaint resolved.

Regards,

**** *****

10/1/2013 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: I was a member of San Diego Athletic Club (SDAC). I cancelled my membership with SDAC about the time the club was supposedly purchased by Pure Fitness. I have never had a contract with Pure Fitness. Though I have repeatedly provided the cancellation that I provided to SDAC in writing, the management of Pure Fitness refused to acknowledge the cancellation and has gone so far as to report it to a collection agency. Despite the fact that they have been provided with the written cancellation that I provided to SDAC, they continued to bill me for a membership that I was no longer using. They insisted that I come in and sign a new cancellation agreement with them even though I had never agreed to be billed. The charges that they are claiming are due are NOT owed. If you check my membership, you will see I had not used the gym during any of the times of the dates in question. This, in combination with my SDAC cancellation request is sufficient to establish that not only did I cancel my membership with SDAC, but also that I never had a membership with Pure Fitness nor use their facilities.

Desired Settlement: I want the billing adjusted and withdrawn from the collection agency.

Business Response: PureFitness purchased San Diego Athletic Club in April 2011 and all membership contracts were part of the purchase agreement. Per When Your Health Club Closes: Legal Guide W-9; WHEN YOUR HEALTH CLUB CLOSES, April 2012: (www.dca.ca.gov)

“If the new owner does not eliminate or substantially reduce the scope of the facilities described in the contract, it's probable that your relation (and obligations) to the new owner will be the same as your relation to the previous owner.” 

Letter was mailed to all SDAC member’s in April of 2011, letting SDAC members that we improved the facility, added classes and even gave access to members to our other locations which includes more amenities. 

***’s contract states that: A member may terminate his/her membership by written request only and must be submitted prior to the date of requested termination. 

*** ******* came in on 12/12/11 and cancelled with ****** *** Accounting Manager. By signing the cancellation, member agreed to pay his balance and make his last debit 12/1/11. ****** explained to *** that if he doesn’t pay his balance of $441.00, his account will be sent to collections. *** said he’s not paying and to send the account to collections, which PureFitness did on 1/13/12.  

1/18/2013 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: I began a gym membership with Pure Fitness in August 2008. I paid on time every month via auto withdrawals and I added a family member to my account in 2010.I decided to cancel my membership in August 2011. The contract that I originally signed was for 12 months and required cancellation in writing, sent by registered mail. Before reviewing the contract from 2008, I called to ask about cancelling and the person I spoke with was surprised that I had never signed a renewal. Based on this and the monthly payments, they expected that I could cancel at any time.At the same time, coincidentally, my debit card used for the auto payments expired. When the gym contacted me to update the card information, I requested to cancel.They located the contract from 2008 and indicated that I needed to cancel in person or in writing by registered mail.I stopped in at the gym a few times but never seemed to catch "******" who seemed to be the only person who could cancel my account.In early September 2011, I sent a letter by registered mail to cancel my membership.I received no response to the letter. I received no further bills. I did not receive any correspondence or phone calls from Pure Fitness, aside from advertisements.5 months later, I received a letter from a collections company with a balance due of over $500. I disputed this charge, but because I cannot produce the receipt from the registered letter that I thought was received 5 months prior, I'm considered wrong and the charge is currently on my credit report.This is no way to treat a customer.

Desired Settlement: Apologize. Cancel the balance due and remove the collections account from my credit report.

Business Response:

 

 

 

PUREFITNESS SPORTS CLUB

701 B St Suite 50

SAN DIEGO, CA 92101

619-239-3622

 

Complaint ID: *******

 

******* ********* *****

 

            *******’s credit card declined on 9/1/12 and on 9/2/12, PureFitness e mailed ******* in regards to her balance due. She replied stating she wants to cancel so Purefitness informed her she has two options to cancel: come in person to cancel and receive a copy of her cancellation or send a certified letter. ******* never replied to that e mail but on 9/8/11, PureFitness e mailed her again as a courtesy to inform her that we haven’t received a cancellation in person or through certified mail. She replied stating that she will send a letter to George and thanking for the reminder. PureFitness never received a letter of cancellation. PureFitness mailed 3 statements from October 2011 to December 2011 and we never heard from *******. So her account was sent to collections on 1/13/12. Member states on the BBB complaint that she sent a letter by “register mail,” if she has a copy of her returned receipt when sending a certified/registered letter, we can work with the collection agency in regards to her account but if she never sent a certified/registered letter of cancellation and has no returned receipt, then PureFitness won’t be able to work with the collection agency. 

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

PureFitness claims to have mailed 3 statements to me.  I never received anything from them.  This is what led me to believe no further action was needed and my account was cancelled based on the letter that I sent.

To reiterate, after I sent the letter to PureFitness I received no further correspondence from them.  I did not receive a letter, email, or phone call. 

Since I believed that the account was closed and nothing further was required, I did not keep receipt more than a couple of months.

The first notice that I received after sending my request to cancel was the notice from the collections agency.

Regards,

******* *********

 

Business Response:

2nd Response; 12/18/12

 

Again, member states on the BBB complaint that she sent a letter by “register mail,” if she has a copy of her returned receipt when sending a certified/registered letter, we can work with the collection agency in regards to her account but if she never sent a certified/registered letter of cancellation and has no returned receipt, then PureFitness won’t be able to work with the collection agency. It does state on her contract that it needs to be certified to avoid situations like this. Also, it was informed on 9/2/11 that the cancellation letter needs to be sent through certified mail. 

11/13/2012 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: When I went into Pure Fitness for the first time to talk about joining the gym, I talked to ******. It was a Sunday evening and my daughter ****** was with me. I had already looked at four other gyms and liked a couple of them. One of my main concerns before signing up at any gym, was making sure there were no early cancellation fees and no money owed. I wanted to make sure I was not going to have to pay in full or owe anything. ****** assured me over and over again that there would be no fees and nothing owed. I told her how I would probably cancel the two children's memberships after summertime since they were in school and I work five nights a week. I saw it as an investment for summer. She understood that I may be cancelling theirs after summer, and still assured me that there would be no cancellation fees and nothing owed. She went on to say, that once a year I could put them on a six month hold, which I said was a good idea, too, because when my son plays baseball January through June, I could put it on hold until summer and he could use it again next summer, if I didn't cancel it. I went in a couple weeks ago to put their memberships on hold, she said that I could only put their membership on hold after the contract expired. She apologized for the confusion for not explaining that better at the time of signups. I said that I was probably going to cancel their memberships since there are no fees and they would not be able to come in again until next summer. She said okay. I said I would talk to my husband first. I went in again Wed. Oct 24th, 2012 and ****** the Manager was there, but ****** had the day off. He told me that I would have to pay in full, the two year contract. I told him there was no way, and explained that ****** assured me that there were no fees and nothing owed. He said that's not true and set up an appointment for Fri. Oct 26th at 10am, for all three of us to talk. When I went into office on Friday, she would not look at me. She denied everything she told me.

Desired Settlement: Cancellation of the two children's contracts with no fees and nothing owed. Otherwise, I'm cancelling all four of our memberships, which I gave ****** a cancellation letter signed today, Oct. 26th, 2012.

Business Response: PUREFITNESS SPORTS CLUB 701 B St Suite 50 SAN DIEGO, CA 92101 619-239-3622   Complaint ID: *******   ***** *****               Issue has been taken care of with the CEO of the company and ***** *****.  

2/22/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: PFSC sent out an email to members in September stating that the gym was relocating and every member should come in and talk to someone regarding their future membership options. I was told that "Pure Fitness" downtown was closing. They said we had 3 options; stay members at PureFitness at a new location, become members of the new gym taking over the current location, or end the membership. I said I wanted to end the membership. They said I did not need to do anything since the contract would be void when the gym relocated. I should have asked for something in writing, and I admit that is my fault, but now they are still charging me for a membership I didn't sign up for. I signed up for PureFitness at Broadway and Kettner, where I live. I did not sign up for the Westgate Hotel where they are temporarily located. I am also not interested in membership at the new permanent? location on B street. The original contract did state that the contract may be assigned to another fitness facility in the event of a sale. And that is why they are saying I cannot quit. It DOES NOT say anything about relocation, which is what I am upset about. It seems silly that I don't want to walk 10 blocks to work out, but it is thru a scary part of town along the trolley tracks. I don't feel safe and do not want to go there. They changed their location, and that is not my fault.

Desired Settlement: Refund of membership dues since relocation in October. And cancellation of all future charges. Termination of membership contract.

Business Response:

PUREFITNESS DOWNTOWN

701 B ST #50

SAN DIEGO, CA 92101

***-***-**** 

Complaint ID: ******* 

*** came in and canceled with ****** ******* on 2/17/12. Even though *** has 4 months/payments remaining on her contract, ******* ******, CEO of PureFitness, approved to cancel ***’s membership. She will not be responsible for the 4 months/payments remaining on her contract.

 

****** ******

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

*** ****