I applied for a monthly membership at Apple Athletics on 12/16/2019. I was being sold the membership by *******************. This was for an 18 month to month gym membership contract. My monthly dues were ***** (including tax). My membership was set to automatically renew on 06/2021. I noticed in March 2020, I did not see any charges coming out of my bank. I did not receive any call or indication from the gym itself, but decided to contact ******************* at Apple about this circumstance myself. This was when she alerted me that my monthly payment did not go through. Apparently, she had written an incorrect address on my application. So, since there was an incorrect address, my bank did not allow the transaction. I gave ***** my address again. I honestly should have caught that but I, unfortunately, did not. I thought the problem was fixed and I never heard anything about non-payments or anything else but kept a close eye on my bank account. I still did not see any payment go through that March 2020 and we were getting into the beginning of COVID.I did reach out again to ***** in the beginning of March to verify the cancellation and advise that I didnt know if I would be able to get over or even into the gym with all the pandemic craziness that was growing. I am a registered nurse and was working at XXXX in the *** during this time. I still had to find some way to personally go in and cancel my contract, despite me vocalizing my concerns and such. On March 25, 2020, Gov. ****** placed an Order to Self Isolate which meant all businesses were shutdown, including gyms. I still had to personally go into the gym and cancel the membership. However, the gym was closed. Myself, as a nurse, I was mandated over time due to the rising census, lack of resources, lack of staffing, and increasing patient acuity. During times when a hospital is placed on disaster as many were, I can not just leave my unit or my work place. I could get into significant trouble, which could cost me my nursing license. (See *** Code of Ethics). And then I contracted COVID in October 2020. So I could not go anywhere! I still continued to make ******************* aware of my job and its requirements, my status of having COVID, and making sure she was well informed that I am a nurse, working in the ***, surrounded with COVID + patients during this time. I still was advised to go into the gym to cancel my membership. I, honestly, could not. The gym was not opened when I was off and my hospital and unit were placed on Disaster which means that crisis standards of care were implemented as COVID threatened our local healthcare system, making it difficult to provide the basic levels of care to our patients. Hence, mandatory overtime was enacted, expectation to pick up extra shifts, and vacation time was temporarily held. And I am working with COVID + patients, so I am in constant contact with these patients! No matter what, I was told I still had to come in, in person to the gym, to sign a piece of paper. Problem 1: The gym was closed. So, how could I cancel? Then as restrictions were lifted, the hours were limited. I was still working over time and going back and forth between nights and day shift. ******************* and Apple were aware of my situation. No ***** was obviously given.Problem 2: This prompted me to explore more of what my gym membership contained. Did I really have to go in in person and sign?1. The date for auto-renewal appears 06/38/21 not 06/30/21? And the year looks as if the number 2 was manipulated over drawn over something. The membership application was written out, not typed. 2. My street address is correct, but apartment number is missing. The zip code is unreadable. My telephone number is incorrect. My phone number is 617-XXX-XXXX, not 697-XXX-XXXX. (Of course, I did call Apple and speak to ******************* to fix these errors, which were never fixed). 3.Calculations were incorrect. For *****/month for 18 months would equal *******. With the ***** fee applied on the fifth month, that would equal *******. ********************* final calculation was *******. (Calculations were off as was my adddress, phone number, see the pattern? )4. The date for the first month/ annual billing shows a starting date of 01/03/2020. Below, in the *** authorization, it is written as 01/05/20. Additionally, *** authorization boxes were not marked off (Checking vs Savings vs **** vs Payroll Deduction, and billing agreement was not signed by me! Only my initial under the questionable date and above the ***/Billing agreement. I did not sign or date the agreement!!5. There was no indication of the amount of monthly house charges disclosed. In very very fine print you can see AAC reserves the right to charge monthly dues not more than 7.50/month per member becoming effective and beginning on the renewal period or any billing status change. There is no description of said monthly charges, only the facility improvement fee of ***** on the membership application. 6. Despite my phone calls, errors not being corrected in my membership application despite my phone calls and conversations with *******************, the gym being closed and me not being able to actually enter the facility, and me upholding my obligation as a registered nurse, Apple continued to charge my account until 03/01/2021. 7. I was charged the monthly fee of ***** until 10/01/20 and then from 11/1/20-03/01/21, I was charged ******. (Not sure why?). On 10/5/20, I was charged with a ***** declination fee. On 10/19/20, I was charged with a remainder of contract fee of ****** and an administration fee of *******. Of course, I did not know this until I received a piece of paper from *************** on 05/03/23 that I owed Apple Athletics a few thousand dollars. 8. I did call *************** and explained the above. The woman on the phone said she would look into this. I never heard from her.9. In September 2023, I got a letter (dated 08/01/23) from *************** with a lawsuit. I called *************** to understand why am I getting sued? The woman on the phone just said I was served and theres nothing I can do about it. This is when I hired attorney *********************, ESQ in ***********. 10. This lawsuit from Trust reports as of 10/09/20, I owed ******* which increased to ******* due to ****** of interest per every 90 days. 11. Additional future charges were placed totaling ******, which increased what I supposedly owed to *******. (How can one predict the future?????)12. Interest total: *******. Attorney fees: *******. My grand total: *******!!!!!
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