Posted July 7, 2012 3:13 pm by

When Mickey Marcella, of Newport News, headed to the gym last week he was ready for a dip in the pool.

But when he arrived at Bally Total Fitness on Hornsby Lane in Newport News, the health club where he has a membership had changed its name to Crunch Fitness and permanently closed down the swimming pool, sauna, steam room and hot tub.

“If you only came there to swim and use the steam room, like I did, you’re just out of luck,” the 77-year-old says.

Marcella says he recently renewed his one-year membership with the gym, paying a one-time fee of more than $100. Others, like Lamberto Braza, of Newport News, have recently agreed to 3-year contracts, paying an upfront fee of $360.

Both members say the new ownership has denied their requests for a refund and cancellation of their contract. They also say they were not given notice of the ownership change.

“I still have 21/2 years on my contract,” Braza says. He also has paid for memberships for his wife and a family friend.

The facility is under heavy construction, and representatives of Crunch say they are investing $500,000 in renovations and new equipment. Group classes are a hallmark of the brand.

“Bally’s facilities have been closing all over the country, and it’s great that we can give people another option, here,” says Jacqueline Jackson, a spokeswoman for Crunch. “I think when the transition and the renovations are complete, the majority of the people are going to be really happy.”

As for the refunds, Jackson says Crunch is not aware of any requested refunds that have been denied.

The Virginia Health Spa Act sets forth regulations for conducting business at fitness clubs.

Under the act, members may cancel a contract within three days of signing it, if the facility relocates or goes out of business and “fails to provide comparable alternate facilities within five driving miles,” or if the member becomes physically unable to use the facility for 30 days or more.

Because the closure of the swimming pool, sauna, steam room and hot tub may represent a significant portion of the services under the original contract, Marcella and Braza may have a legal basis for their claims, explain representatives for the Virginia Department of Agriculture and Consumer Services.

The first step is to file a complaint, says Elaine Lidholm, director of communications.

After a complaint is filed, the department will review the details and determine whether an investigation is needed. The agency can require Crunch Fitness to issue refunds.

Current members of Crunch Fitness may call Sandy Harrington, health spa investigator, at Sandy.Harrington@vdacs.virginia.gov or 804-225-460