Well, it does say to the first 45 men and women. I doubt they had that many people sign up already, but it is a possibility why she couldn't give the offer.

If so, she could have just said she'd already signed that many people up before trying to sign him up for something else.

Wow. I'd send a copy of this to the state AG's office and have them take a look at it for bait and switch. At least here in NV they take bad advertising (bait/switch) VERY, VERY seriously...

Well, it does say "free enrollment package," not "free enrollment."

It's just that they don't charge you for the actual paper you have to fill out -- the "enrollment package." And, I mean, come on, that paper's like $10 a ream!

Wow...i've never seen a flyer more confusing. At least he was able to walk away without having to be more confused about the "offer".

It was mailed to you so file a complaint with the US Postal Inespection Service as well.

[postalinspectors.uspis.gov]

I understand that advertising as saying the first 12 months are 9.99, then it goes up to 19.99, and enrollment fees (i.e. "dues") are charged once the attendee loses weight. Which is a different scam (and a disincentive to lose weight or exercise) than the one that was actually perpetrated.

@feckingmorons:

Postal Inspectors are worthless in my experience.

You may not actually be able to find a better deal elsewhere. Gym memberships are expensive, and what's even worse is that a lot of them come and go rapidly because many of them don't make money. It's a weird kind of model they have.

Still, tho'. This postcard is problematic because it is not clear and seems to make promises that they cannot offer. Seems like a bad advertisement - the kind that could get them into legal trouble.

If you read the circled part on the back of the card a few times which says "Free Enrollment PKG.", the 'PKG' probably means 'package'. So "Free Enrollment Package" equivocally could mean that they hand you an envelope with a bunch of 'Welcome to our gym' information. Of course it does say 'Money' beside it, which insinuates that it is related to the actual fee. Still quite shady though!

Sounds a lot like 24 Hour Fitness. That place waives a $250 enrollment fee only to have an application fee of $79 miraculously appear.

Man I wish I was capable of insulting people's intelligence, I'd have a lot more money.

Bait and Switch in it's purest form. Good for you for being smart enough to walk away.

@ludwigk: I don't know if there is one by him but Planet Fitness is fairly cheap. I signed up for a year at 19.99 a month with no enrollment fee and I get unlimited use (24 hours), unlimited tanning, half price waters/Gatorade, unlimited massage chair use and unlimited free guest passes. They also have a 9.99 a month plan with a 50 dollar start up fee and you just get access to the gym.

Its not bait and switch, its mumbo jumbo.

It states free enrollment pkg. It doesn't state no enrollment fees. The enrollment pkg. could be a paper bag with a wash cloth, a bar of travel soap and a ke ring with their name on it. This kind of advertising happens all the time, and technically it isn't illegal, BUT IT IS SLEAZY. Stay away from these guys, their MO is making promises and half promises they won't keep and then claim they never made that promise.

@cuchanu: I think 24-hour fitness* actually pioneered the practice of bullshit charges and fraudulent limitations.

When I called to cancel with them through their special "cancellations" number, the rep informed that all cancellation notices must be in writing, but they would go ahead and write up the cancellation notice for me over the phone, and that it could take UP TO 30 days for the cancellation to take effect, which meant they would still charge me one more month of dues.

My next call was to my bank, where I told them to dispute and decline any further attempts for them to charge my debit card. It ultimately failed, and I was charged again, but my bank happily performed a chargeback.

* 24 Hour Fitness is just the company name and is not actually meant to imply that they're open a full 24 hours a day 7 days a week

I have to vote with the others who said contact the State Attorney General about this. All state AG's have a consumer protection division.

Be very careful with gyms. The contracts are roach motels--very, very hard to get out of. The company appeared to have a customer complaint system built like a wilderness of mirrors. My contract provided for cancellation if I moved to an area too far from any member gym. I moved to Asia and was told when I tried to leave the contract that it could not be cancelled because I did not do some made up procedure not specified in the writing. I asked for a manager and was told that he splits time between two gyms. After days of calling both I decided to call the headquarters. They had a complaint line that played their ads for wait music--great mockery. After spending 120 minutes on "ignore" I finally asked for the legal department. Straight to voicemail. Only after I told the recorder that I used to work for the consumer rights division of my state attorney general's office and was well aware of their settlements with attorney general offices in other states did I get a response, and was allowed to cancel.

http://www.consumeraffairs.com/health_clubs/ballys_total_fitness.htm

@ScarletBegonias: is there a YMCA nearby? They're usually very reasonable. Also, sometimes cities themselves have a gym, run by the parks and rec department.

What is your experience with Postal Inspectors?

@notbob50: Maybe he asked him for directions to the nearest gas station and got rerouted to Phoenix.

@BroderickHalona: Hey, wow, I had the same thing happen to me when I tried to leave Ballys because I moved!

I wrote to them to cancel the membership, using the email address they provided. A month (and another membership payment) later, they wrote to say "Sorry, you (who live in NJ) may be more than 20 miles from your old gym, but there's this one in Philadelphia you can go to!" I replied that the tolls for the Betsy Ross and BF bridges are now $4, and I had no intention on spending $40+ a month to use a $39.99 gym membership. They told me to suck a lemon, I spend two hours with various people at three different non-800 phone numbers (in NJ, IL, and CA) and finally just started sending emails to anyone named on their site via the standard email methods (ie: firstname.lastname@ballyfitness.com and firstinitiallastname@ballyfitness.com) explaining my frustration and that I'm a Consumerist reader. Suddenly, I received an email from customer service saying my membership was canceled and the prior month refunded and how sorry they are. I even received a letter from the CEO's office saying that if I ever moved near a Bally's, I could present that letter to ANY Bally's and receive a new membership with no enrollment fees.

Too bad they filed for bankruptcy protection (again!) the next day and probably won't make it until the end of 2009.

@ScarletBegonias: I second the Planet Fitness recommendation. There are several Massachusetts locations listed on their website, although I don't know exactly where he's located and what would be convenient. I've been a member of my local PF for not quite a year, and while it has its limitations, a clean, well-managed gym for $19.99 a month is a good deal in my book. No daycare, no classes, but that doesn't sound like what the OP was looking for anyway. The color scheme does make me feel like I'm exercising after being swallowed by Barney, though.

@MyPetFly:

Um right. My cousin was a postal inspector who helped nab the Unabomber, for real.

i belong to one of their gyms here in Dirty Jersey. even more maddening/confusing than the above were the postcards they sent out in Nov/Dec stating that dues were increasing. once opened however, only then did i find out they would for any friend or family member that didn't enroll 'now' taking advantage of some 'friends and family' promo they ran.

FWIW... when i enrolled, it was under that 'friends & family' promo and there was a $40 enrollment fee and my dues haven't increased in two years. once a year they hit you up for an extra $25 for some BS fee. decent gym but their marketing is REALLY poor.

Planet Fitness. Accept no substitutes.

@kittenfoo: Your YMCA is reasonable? I wish the ones where I am at were. They are in fair shape at best, and the fees are outrageous (100+ monthly fee). No thanks.

You weren't had. The front offers a deal where you get the gym for $9.99 a month. The back offers a deal for no enrollment fees. Then says underneath that VERY offer that you cannot combine offers. Meaning you can't combine the no enrollment fees with the $9.99 package. Unfortunately it's kinda misleading...and the clerk you talked to is clinically retarded. So no...you're not a victim of bait and switch, you're a victim of a poorly put together flyer.

And where are these grammatical landmines?

Option one was a $299 enrollment fee with a $19.99 monthly fee reduced to $9.99 with the card.

that's the $9.99 month package.

technically it does say free enrollment package with this postcard.

"Option two was a $199 enrollment fee with a $29.99 monthly fee, but with the card, they'd waive the enrollment fee"

That's the package loophole.

It does specify that you "Must Have 15lbs or More to Lose"

Maybe Aaron is too sexy for this ad?

I went to Work out world when looking for gyms, and they put this huge guy with a strange, different name (Sunday.. he name was Sunday) into that same office and told me the same deal.

I said this entry fee is bullshit with a monthly fee.. they offered to wave half of it and wrote this down on the back of a piece of paper. I'd said I'd think on it and got up to leave.

Sunday then demanded the paper with the written deal discount back. Saying I couldn't show it to others less I would ruin there business plan. I was shocked.. and then made more stunned as he ripped up the paper right in my face.

Between this, there confusing prices and shitty costumer service, no wonder they're losing to planet Fitness

@ElizabethD: Uh-huh. And MY cousin was a postal inspector who was actually inspector gadget.

@ludwigk: Why cant people just be fat and happy, like me.

@I am Mrs. Nerdtastic.: Same thing here, the YMCA is pricey - especially since we live in an area that doesn't have a high cost of living.

Category Joining Fee Monthly Bank Draft
Husband/Wife and Dependents $250.00 $98.75
Adult with Dependents* $140.00 $56.25
Adult (29-64) $110.00 $42.50
Young Adult (14-28) $95.00 $40.00
Senior $110.00 $42.50

@ouiserboudreaux: I think a lot of Y's (at least here in Montreal) justify their high cost with the fact they have pools.

That being said... "They are in fair shape at best" (I am Mrs. Nerdtastic.) is exactly how they are here too.

Their locker rooms are, well, icky.

I cannot believe that NO ONE believed the runaround was legal. Shady, yes; postal fraud? Not even close. Bear in mind that I've trained myself to think as the advertiser so I know what excuses they can use.

That said, the postcard CLEARLY stated that: "Offers cannot be combined." And RIGHT BELOW THE "Free enrollment pkg. (with this postcard)," no less.

This means that either you get the $9.99/month or the free enrollment, but not both. (And if you don't have the postcard, then neither.)

End of story.

I wouldn't call it a bait and switch, but just a means to get you in the door so they could try to convince you accept their package.

At least they let you leave and didn't appear to be a real in your face pitch.

Before you start complaining about how expensive gym memberships are, be sure to check out your health insurance policy, as many of them give you reimbursements for gym memberships.

My current policy gives up to $150/year (not much, but it's something), and I believe Oxford health insurance in NY gives about $200 every 6 months. Of course, these "health and wellness plans" usually have a specified number of visits you must make (and they make a staff member sign some booklet), but it's not overly excessive. In both of the above cases, it amounts to about 2-3 times per week, which most people probably would be doing anyway.

As for the above postcard, it's definitely confusing. One part says "must have 15+ pounds to lose," while another part says "must have 5-40 pounds to lose." So then if I'm one of the first 45 people, but I only want to lose 5 pounds, I don't qualify? And what about the other qualifications? Must be able to attend 4 visits a week, PLUS 2 classes a week? Assuming your visits and the classes are an hour each, that means you're spending about 6 hours a week in that gym, and all to save $10/month? Seems excessive. For me, who only goes about 3-4 hours a week to the gym on a semi-regular basis, I'd rather have those 2 hours to do something I enjoy more than the gym.

Also, why is the childcare/playground voted "Best of Boston," yet none of their locations are actually IN Boston? I find that odd. And before people start saying that they probably meant the Boston METRO area, I don't think those places are close enough to qualify as the Boston metro area. Maybe I'm wrong...

@Davan: Wow. You must have many, many friends.

@Winterfall007: Who really tells the truth all at once these days when it comes to making a sale? I can't remember the last time I was told 100% factual information the first time I've encountered an Sales Agent.
Oftentimes, it's the lack of product knowledge that leads to these half-truths and whatever-you-want-to-fucking-call-them that lead to even Managers fumbling their way through an interaction.

@ScarletBegonias: Yup, I have the same deal from Planet Fitness. Definitely the cheapest out there.

I started swimming at work; the school district I work in opens it's pool and weight room for a couple hours before school every day. I figured it was just for employees, but I've since talked to a lot of other community members who take advantage. It's not a gym, but what the hell, they have weights, treadmills, and a pool. And it's free.

My school district might be an anomaly, but it might not be. Anyone else use their local high school facilities like this?

I love the "You must have 5-40lbs to lose!" requirement. I believe this is in place because these are the people most likely to join, come in once and never come back.

@MyPetFly: "In addition to being the postmaster, I'm also a General and its the job of a General to BY GOD GET THINGS DONE!"

My WOW experience lasted about 3 months only to find out that cheap-ass membership gets you a meat market of undesirables standing or leaning around on all the equipment with their friggen Nextel's chirping away.

The place is a dive.

@trekwars2000:
+1. It doesn't necessarily say he will get the 9.99/mo and free enrollment, but it's very shady and confusing, so they may be able to call it bait and switch or at least give them a bit of a beating....

These places are run by the mafia, I swear. I have never and will never join one of these clubs, I have never heard a good thing about them.

Walking 2 miles per day = 30 minutes = Free

WOW, No Commitment*

* Must Be Committed...

@VanCityStudioBoy:

Finally, someone as cynical as I am.

@Winterfall007: Not disputing your point, but adding a tangent. Usually, when it comes to gym memberships, "only to the first _X_ customers" is usually more marketing fluff to create a perception of limited supply so that the potential customer is properly motivated, as in, "OH SHI--, I can't wait on this, I better do it NOW if I want in."