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After a fire at an Aurora health club left members fuming with their dues seemingly up in smoke, the Ministry of Small Business and Consumer Services is warning gym users to exercise caution when signing up for fitness memberships.
The doors at Aurora's HERSS, a women-only fitness centre, have been closed since a Nov. 11 fire damaged the facility's interior.
Catherine Gissing, who spent $400 on a membership for her teenaged daughter, said she became concerned about when, in the weeks following the incident, the gym's owner stopped returning calls and e-mails.
The only information she received was a note on the door, she said.
The blaze - the second at the club within a week - has been deemed not criminal, York Regional Police spokesperson Const. Gary Phillips said. The initial, much smaller fire took place Nov. 5.
However, the Ontario Fire Marshal's office and the Electrical Safety Authority are still investigating to determine a cause, fire marshal spokesperson Carol Gravelle said.
When contacted at his Newmarket home in January, HERSS owner Remon Hanoun said he was working hard to get the club back open.
At the time, the fitness centre's website, herss.ca, also indicated the club would re-open, at the latest, Feb. 2. The website also said the club's equipment would be shipped to a temporary location at 222 Edward St., previously occupied by Tuscany Fine Dining.
The equipment was there, Ms Gissing said, albeit briefly, but has since disappeared.
Repeated attempts to contact Mr. Hanoun by phone and at his home since then have been unsuccessful.
There is also no update on the club's website. What's more, the owners of the plaza at the southeast corner of Yonge and Edward streets, Monreal Property Management Inc., said HERSS would not be moving back into the unit it once occupied.
"I wish they were (moving back), because now we have a vacancy," Monreal manager Randy Hughes-Guest said. "They're gone."
Mr. Hanoun said in January he was working with his insurance company toward a resolution for the fitness centre's members, but members haven't heard from him.
Former member Karen Landry said she has all but given up on hearing back from Mr. Hanoun. She has been on a quest to find answers about the club's fate almost since it shut down and said she'd be happy just to get confirmation it is closed because her Visa card will then refund the dues she's paid.
"It's been disappointing," Ms Landry said. "I didn't realize it would be so hard to get an answer about this."
In the meantime, Ms Landry said she has already joined Goodlife Fitness.
Ms Gissing said she, too, hasn't heard from Mr. Hanoun, adding the lease termination and the lack of contact are not good signs.
Unlike Ms Landry, simply finding another fitness centre for her daughter may not be an option for Ms Gissing. Few gyms in the area are close enough to her daughter's high school, she said, and even fewer will admit members under 18.
Not sure exactly what recourses are available, Ms Gissing said this experience casts a negative light on the fitness club industry.
"When things like this happen ... it unfairly tarnishes other businesses who are living up to their expectations," she said.
The health club industry has had its share of black eyes over the years Consumers Council of Canada executive director Christina Bisanz said, adding it's one of the reasons legislation was enacted to better protect people buying memberships.
Even so, getting satisfaction can be a difficult task in some cases, she added.
"If a company goes bankrupt or disappears, it's kind of difficult to take them to small claims court," Ms Bisanz said.
The first step for those feeling burned by the gym's closure should probably be to file a formal complaint via the Ministry of Small Business and Consumer Services website, ministry spokesperson Mark Skaff said, adding only then can a suitable recourse be determined.
Going forward, he advised would-be health club members should insist on paying by the month, so, should the unforeseen arise, they aren't out too much.
"People should ensure they do use that monthly payment option if they can," Mr. Skaff said.
"The clubs should be providing that (to prospective members)."
Visit Ontario's Ministry of Small Business and Consumer Services here
Know your rights
- A 10-day cooling off period must be provided, which gives you a small window to reconsider your decision to join the gym and cancel the contract if you choose.
- Health club owners may sell memberships before their facility opens, but all money must be held in trust by a registered corporation acting as a trustee.
- A notice to cancel may be issued to the gym in several ways, such as hand delivery or registered mail. In all cases, it is best to keep a receipt of your cancellation.
- You have the right to use the gym during the 10-day cancellation period and should do so to ensure you are happy with your choice either way.
- The club's initiation fees cannot be more than twice the annual membership fee.
- The health club must offer the customer the option of paying membership dues and any initiation fees in monthly instalments.
- All contracts must end after one year, but may be renewed under some conditions.
- If a renewal notice is sent and you do not respond, the club has the right to renew the contract and continue to bill you as per the renewed contract.
- If a membership is renewed without prior written notice, you may send the club a letter asking that the contract be ended and demand back monies paid after the first contract ended.
- There is a minimum warranty on the quality of services provided.
- Fitness club membership contracts must disclose certain required information. If a company isn't honouring its end of the bargain or adds additional requirements not previously disclosed, you may cancel the agreement within one year.
- No membership contract can negate your basic rights under the law.
- You do have the right to cancel within one year if you can show you have been the victim of unfair business practices. The best way to do this is by sending a registered or hand-delivered letter.
- Avoid feeling the burn
- Ensure instructors are qualified.
- Check the equipment to ensure it is appropriate and in good working order. If members tell you equipment has been broken for a long time, going elsewhere might be best.
- How clean is the club? Dirty carpets and washrooms may indicate financial trouble.
- How well-attended are the classes? They should be neither so empty as to risk cancellation nor so full that you cannot enjoy their full benefits.
- Ask yourself if the fitness club's schedule works with yours.
- Does the club offer a fitness assessment test? If so, book it before the 10-day cooling off period for the membership ends.
- Decide if you really need a personal trainer.
- Is the gym willing to let you sit in on a class before signing up? If not, that could be a warning sign.
- How do the members of the fitness centre rate their club?
http://www.georginaadvocate.com/News/Aurora/article/88869
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