One-Way ContractsThe following letter is part of a public discussion initiated by Uriel's letter of Dec. 9, 2005 objecting to management abuses at his Toronto squash club (which is part of the Bally Total Fitness Holding Corp. empire). See index for list of letters in the discussion.
From: Uriel Wittenberg Dear Northridge members, My previous letter (sent Dec. 9) was a bit long, and someone recommended I provide an "Executive Summary" next time. I'd like to do that. But there is so much to say about the ethically challenged management of Northridge, SCC, and Bally's. The basic problem from the customer point of view is that their actions (which speak louder than words) show contempt for customers. Unfortunately, I've noticed from talking with some of you that there is a sense of powerlessness among club members. Some are afraid of getting kicked out of the club if they complain. Some seem to feel that it's a privilege to be a customer, that one must be careful not to offend managers. One person recently approached Odette with a complaint, and then, when she rebuffed him with evasions, decided there was nothing more he could do. I think this turns the basic principles of customer service on their head. We the customers pay these people's salaries. They are supposed to work for us. It's also remarkable how little communication there is among members. In New York, after hundreds of complaints to the government, Bally had to pay back $138,000 to customers they'd deceived, plus $200,000 for the costs of the government investigation. (See my Dec. 9 letter.) I know it goes on here too, since they've tried in similar ways to cheat me personally. (See Breach of contract by the Northridge Club and Misrepresentations by the Dunfield Club.) Yet there's a Communist China-like blanket of silence covering these abuses. This is supposed to be the information age. We have the Internet. Why have we members not been communicating with each other? Why do we let them quietly cheat customers, without other customers being aware of it or being able to see how frequently they do it? This is not Communist China. We have freedom of speech. But we're not using it. This deferential attitude members have towards club management — the feeling that management is the boss — also leads to many minor annoyances that would otherwise be resolved. For example:
As many of you realize, the core of their business is to lock people into 12-month contracts — which I suppose is legal and OK if it's aboveboard (which it often isn't — again, see Dec. 9 letter). But here's another remarkable thing: These contracts don't seem to constrain the club at all. They can just cancel anytime they want. As indicated in my Dec. 9 letter, I decided to request cancellation of my contract at the end of the month. I was exploring other clubs and intended an orderly transition. But this morning I get this email from BTF Vice President Jodi Wellman:
we have received your letter of cancellation. So I'm suddenly barred from Northridge. But there was no "letter of cancellation." I hadn't contacted them yet about cancelling. I was supposed to play Carolyn tomorrow, and I was supposed to play in the D Team vs. C Team challenge on Wednesday (which I was also organizing). The change of timing is an inconvenience for me and for my partners. But it should raise a question for every member: Why is the contract only effective when YOU want to get out of it? Sincerely, Uriel P.S. The "letter of cancellation" referred to by Jodi must be my Dec. 9 letter. As I said before, club management is welcome to respond to it if they feel anything I've written is inaccurate. I'll show any response they send together with the Dec. 9 letter, at http://urielw.com/btf/uwlet.htm.
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