Health club refusing member refunds

A local health club shut its doors and merged with a similar business, but won’t offer refunds to customers miffed at the move.

In December, Fit Center at 5555 E. Fifth Street closed. Mid Valley Athletic Club, at 140 S. Tucson Blvd., assumed clients’ contracts and says it’s not refunding money to customers who wish to cancel. Instead, management is directing complaints to former Fit Center owner Shelley Whitlatch, who is now employed as a fitness director at Mid Valley Athletic Club.

Whitlatch says she’s honoring refund requests for those with medical conditions and access problems, but she is denying customers who want to quit because of the move. Whitlatch says the transaction was simply a move to a different facility rather than a true closure.

She says Mid Valley Athletic Club has nicer facilities and maintained Fit Center’s staff and class schedule, so even though it’s under a different name and location, the business has simply moved. She says that customers signed contracts that forfeited their ability to receive refunds in case of a move unless the new facility was more than 25 miles from the customer’s home.

Whitlatch said fewer than 5 percent of her 2,500 customers have asked for a refund. She said she’s under no legal obligation to give out refunds for those unhappy with the move.

“According to my legal advice, I believe the contract will hold up,” she said.

The Better Business Bureau of Southern Arizona has received at least one complaint from a customer and will be working with Mid Valley Athletic Club to try to resolve the issue, said BBB spokesman Nick LaFleur.

Amy Rezzonico, a spokeswoman for the state Attorney General’s Office, said customers who are unhappy with the arrangement should file a complaint with the office at www.azag.gov/contact.html online

Carolyn LeCocq, who owns Mid Valley Athletic Club with her husband, Al, said the business did not receive any money in exchange for the contracts and thus has no money to refund payments to dissatisfied new customers.

She said she’s asked those who seek refunds to try out the club before deciding whether or not to quit. She said most customers are happy with their new digs.

“We have had a tremendous turnout,” she said. “It’s just been phenomenal. Basically what we did is took everybody. All the members, all the staff – the trainers, the massage therapists, the body acupuncturists – everybody. We wanted to make the transition as smooth as possible for them, as far as feeling at home.”

LeCocq said the merger doubled Mid Valley Athletic Club’s staff from about 25 to about 50.

She said she understands why Whitlatch isn’t handing out refunds to all.

“She doesn’t have the money to give back to them,” Le Cocq said. “That’s one of the reasons she left there.”

Le Cocq said unhappy customers can use their memberships or sell them to others.

“The change is hard,” Le Cocq said. “It’s hard for the members and it’s hard for the staff. But I really commend Shelley for doing the best possible job she could do. Look at how many health clubs shut down and locked the doors. There’s no money back and no place to work out. You’re basically just out of luck.”

Whitlatch said few customers have complained.

“I think there are a few people filing complaints, but my main goal as owner of the Fit Center was to find a place our members could go, knowing we were not able to continue at our location,” Whitlatch said. “We are very happy we were able to continue services at a new location.”

DID YOU KNOW?

The Fit Center started out as a fitness program at Tucson Medical Center, but was evicted when TMC cut programs in 1999. The business took over the space formerly used by Fifth Street Fitness.