DEAR PROBE

QWhy is IV Fitness Club charging its customers for the month of June when they aren’t open? Isn’t that illegal? They are either forcing you to cancel your membership (so that when they reopen they can charge you an initiation fee) or charge you for using their facility that is not open.

They are trying to rip off customers who are struggling with this pandemic! All businesses are struggling. The whole world is struggling and they are trying to get one past the customers for a quick buck.

I think this is unethical and illegal. Are there any public legal remedies?

AIV Fitness Owner Daniel Velasquez said the club for June did charge its members the monthly membership fee, but only after reaching out to them three times in two weeks. He said most chose to pay the monthly fee.

The club sent out emails and used social media to tell customers about the gym’s dire situation.

The gym club members could always cancel their membership if this is what they wanted to do, he said.

Velasquez said most of the members chose to pay for June, realizing the gym faced some tough financial times because of the closure caused by COVID-19.

“If they can’t (or do not want to help us), we would cancel the memberships,” he said. “We are on our last legs here. We are looking for any possible solution.”

He compared the membership fee to his monthly rent, saying just because the gym is closed does not mean the rent can go unpaid. The same logic applies to membership dues.

“We thought, God willing, we would be open in June,” he said. “We are trying to do what is right.”

Velasquez said if the gym is still closed in July its members will not be charged.

“If we don’t open in June, we would just stop it,” he said. “It’s hurting us pretty hard. We have only been open 18 months.”