California fitness

i know i’ve read about them in another post, maybe under the living in taiwan section, but i got a vietnamese friend who basically got played by them and now she owes like 5k. Basically to make it brief, friend signed contract w/out really being able to speak and read chinese, 6 months in she wanted to stop paying the 1200 that they auto deducted from her account, stopped her credit card or whatever and then they kept informing her that she owes all this money. She got what they said was the last notice before they go report her and take her to court for the 5k. Since my friend is a vietnamese migrant worker, the 5k is a big deal. She quit it in the first place because she couldnt afford the 1200 a month.

besides the obvious lesson learned of dont sign shit without 100% understanding what you’re signing, what else can my friend do? any other options? would they REALLY take her to court over this shit or is just like a scare tactic to try to get her to pay up? is there anyway she can get out of it because of her foreigner status and the fact that it totally seems like they conned her into signing a contract she didnt really fully understand, especially since she did go with another friend who spoke chinese, couldnt really read, so she was still able to ask poignant questions regarding the contract, which of course those bastards would lie about just to get her to sign

edit: by foreigner status i mean being able to play the card like, i didnt understand what was going on, you’ve sent me txt messages saying all this stuff but i cant read or understand, etc

I’m sure that if the circumstances were in her favour, she would have no trouble abiding by the terms of the contract even though she is Sinitically illiterate. Nobody forced her to sign the contract. She’s going to have to stand by the terms SHE agreed to, unwittingly or not.

yea but i dunno, she is pretty dumb and naive. She was saying how in vietnam you just show up and pay when you go to a gym so nothing special. She didnt really understand the magnitude of what a contract entails. I dont even think she really knew she was signing a legally binding document.

but if they actually take her to court and if she just doesnt have the money to pay, what then? she makes like around 10k a month, has nothing saved, wtf could they do to her?

The proper thing for her to do was to cancel her contract with the gym 6 months into the membership, now, since the time has lapsed and the last few months of the membership has been consumated, the company does have a right to take her to court, and chances are, they would.In that case, the court would order part of her salary be deducted monthly to pay up for her debts.

well they tried to deduct money from her account for 3 months, not positive whether she told them she wanted to cancel before or after then. However, if i remember correctly, she said she wanted to cancel but then instead of the 1200 a month, they tried to deduct 350 a month or something. Apparently if you cant go, you can cancel it but then still pay monthly but just a lower price. She would also have to pay out the rest of the contract. I thikn i’m gonna go with her tomorrow to help her sort it out and see exactly what she owes and how they calculate that she owes 5k

either way, yes, she shouldnt have signed the contract, but those fuckin memberships or such bullshit. I remember on this forum in another post saying something paid 70k for a lifetime, missed the annual renewal of 88 bucks by like a month, and then got fucked out of his money. Anyway you look at that shit, it aint right and should be criminal, contract or otherwise

Criminal is her only getting 10,000 NT a month.

[quote=“eligh”]well they tried to deduct money from her account for 3 months, not positive whether she told them she wanted to cancel before or after then. However, if i remember correctly, she said she wanted to cancel but then instead of the 1200 a month, they tried to deduct 350 a month or something. Apparently if you cant go, you can cancel it but then still pay monthly but just a lower price. She would also have to pay out the rest of the contract. I thikn I’m gonna go with her tomorrow to help her sort it out and see exactly what she owes and how they calculate that she owes 5k

either way, yes, she shouldn’t have signed the contract, but those fuckin memberships or such bullshit. I remember on this forum in another post saying something paid 70k for a lifetime, missed the annual renewal of 88 bucks by like a month, and then got fucked out of his money. Anyway you look at that shit, it aint right and should be criminal, contract or otherwise[/quote]

I read the lifetime membership thread, and that is certainly shady. I was screwed by California in Korea when they just shut their doors one day, after paying for the year up front. That left me pretty steamed.

BUT…a cancellation fee on a year long contract is hardly criminal. I understand this is your friend, but she is also an adult. Your friend was irresponsible, and will likely have to go to court. I had a friend in the same, exact situation and he was taken to court and forced by the judge, after much pleading, to pay for one month only. If your friend is lucky she might get the same treatment, maybe even better.

But let’s be real. I have plenty of reasons to HATE California Fitness (1,150 reasons to be exact) but this is cut and dry. Be an adult and read what you sign.

trust me i know. obviously she’s learned her lesson. however, her coming from a small village in vietnam, not speaking any chinese, hearing about a gym and wanting to give it a try, goes in without being able to speak or read and thinkin its like the ones back in vietnam, signs a contract, realizing cant afford the monthly payment, then getting screwed like this…i mean jesus christ, just seems like its signed under false premises. How can a contract seriously be enforced if its evident the person who is signing it doesnt speak the language?

reminds me a story i read about something that took place in africa. i’ve seriously forgot 90% of the details, but it was something like some foreigner went to some country there, bought something like…i dunno, some technical shit like maybe a cell phone or something, signed a paper assuming its just like the receipt or something. But low and behold it was some contract then the guy wanted all this other money because the phone was suppose to be on lease but he never told him that or whatever. So then when he went to report the guy and wanted all this compensation, the police in that country just laughed at him and said how he made him sign a contract that was obviously in another language and the customer didnt understand

so yea, she’s naive beyond all belief, when she came her it was her first time leaving the vietnamese countryside so what can you really expect, obviously she’s gonna get taken advantage of

and yes 10k a month is fucking criminal. i never realized slave labor was to be found in taiwan but from what she tells me about her job, boss, working conditions, it’s alive and well

also, when i read this at the time, totally makes sense to me…but then as i think about it. She just gets a bunch of cash from this guy. Not some like official job where taxes or whatever can be deducted and then sent wherever. Who the hell would manage that? they would contact her boss or something? really strange

The strangest thing to me is how a NT$10k a month blue collar migrant worker has either the time or the inclination to spend more than 10 percent of her monthly salary on… a fancy GYM membership!

In the case when she doesn’t have a taxable salary, whoever her sponsor be in the country would be responsible for paying up.The boss of that fella would receive a court order for mandatory deduction.

hahaah yep! tell me about it!!

she only did it for like a month then figured out how much money it was going to be and how she had no time but then they proceeded to auto-deduct two months from an account she set up, which she didnt even know they were going to do that, thought she had to go there to pay or whatevre so she thought they were defrauding her of her money so she pulled out her cash and closed that account. Then they kept sending her all these messages about all this money she owes and she got scared and didnt know what to do. She only went twice to the gym during the first month and never again…so sad

thats why like, seriously, all things considered, how the hell can this be legit when its so blatantly obvious that she didnt comprehend what the hell she was signing or what was going on. i wish there was some better way i can help her instead of just taking the easy rout and blaming her for something that we apparently believe she should just innately know. oh well

Go with her to the club, talk to the manager on her behalf, and see if something can be worked out.
If not, well at least you tried.

I was curious to find out how things played out, and then I saw this…did they get her account number from a psychic? I’m trying hard to not sound like a dick, and I really would like to hear how things end up but please. Stop trying to make it sound like she was ripped off by them. We’ve all seen this company actually screw people over. This is not one of those occasions.

hey all i’m saying its a little shady having someone sign a contract when that person cannot really speak the language. And while you’re telling me to stop making it sound like she got ripped off…given all the facts, who can honestly say that she didnt? i know its a little harder for us to comprehend, but lets try to take off our american/western glasses for a second and realize this is someone who didnt really understand anything about living in what i’d like to say is a more civilized country that the vietnam countryside, where her family (not necessarily everyone there) doesnt even have electricity, gas, or anything we would consider the necessities of life.

Another easy example, when she came to taiwan, she was amazed at the driving, traffic conditions. However, not in the way that most americans are amazed, but more like a “wow its so safe, there are traffic lights and everyone obeys the rules” …which is like the exact opposite of what most foreigners think about taiwan’s traffic system. She says, oh if someone gets hit or run over in vietnam, they have to quickly jump up to show that they are ok or else the driver will hit them again and try to kill them so they dont have to pay for the medical bill. Her younger brother was killed this way and three other of her friends/relatives. Hell, she said just 4 yrs ago someone in her village got a TV and once a week he’d wheel it outside and everyone in the town would come and watch it. And then fast forward to now, living in this thriving concrete jungle, it’s just a different world and trust me, i know, it is incredibly easy for us to mock her for her ignorance and say that she deserves it b/c she signed a contract…but in my eyes, it just doesnt seem right

but anyways, yea i ended up going to the gym and talking to them. Now i obviously understand more facts about her situation and the contract, and in trying to settle this matter with them, jesus christ they were fierce! i started all calm, cool, collected but it quickly escalated! i first just wanted to know if there were any other available options open for us b/c at the moment she cant afford the 5k. They said they couldnt do anything and then started listing off all of this evidence like sending her all these txt messages and phone calls that went unanswered. I told them that they went unanswered because she had to move to the south for 2 months and work down there with the company that employs her but now she’s back, and regarding the txt messages, she didnt really understand them, same with me i told them, how as a foreigner, (not sure about you guys) i get like 2-4 txt messages a day telling me to call various numbers, that i owe money, etc, so i told them that she just thought it was one of those.

and then, they said, “actually, now she has to pay off her entire contract right now, 10k and today is the last day to do so or else we’re gonna to take her to court.” It was 5pm and they told me she has till 8pm to bring them the money. That shit straight up sounds like a hustle hahaha So yea i started yelling at them of course, which as we all know, doesnt really settle anything but trying to reason with them when i first came in didnt work. And of course i told them that she doesnt have 5k right now, let alone 10k, and then they had the audacity to tell me that i should pay it off for her. What the hell is that shit??? is that common?? like, oh hey, you know this person, settle their debts. The whole time we’re arguing in english and she is just standing there wide eyed and oblivious. Then i finally said i wanted to talk to the manager, not the english HR bitch slut wearing the whore outfit, (left that bit out) but then she told me that the manager wasnt on the premises and he didnt speak english anyways, to which i respond, what the hell does that matter? i can speak chinese, but even if i couldnt, why would you then be miraculously unable to translate? man, i was livid

so yea, court it is i guess. got in contact with a friend of a friend who is a lawyer and of course he says it doesnt look too good bc a contract is a contract. He said maybe if we can prove that her language skills were not there, by getting testimonials from her chinese teachers, etc, then he said maybe she has a chance of making the contract void, especially since she only went twice, i dunno. Surprisingly, he says he does know people who have gotten out of their membership contracts, given the right circumstances, so i guess we’ll see how that goes

oh and to answer your question about the account, that is still one part where i’m still a little shady on. It’s something like, she opened up some sort of account with them (or a bank?) kind of like a debit/credit card, where you put money on the card. However, she never realized that they would auto-deduct the money and she assumed that when she went she would give them the card to deduct the money. But yea, it was some sort of card or service that she set up with them, specifically for auto-paying, yet naturally, she didnt know it was meant for autopaying. She only knew that they told her it would be cheaper if they did it this way. And checking the contract, it basically cut the price in half, from 2400 a mo. to 1200 a mo.

it sounds like a crap situation, but how does someone who doesn’t know how to read a contract, somehow is able to provide all her banking information to set up autopay. And I can’t help but notice even Vietnamese people can read arabic numerals… Are you telling me she also couldn’t do the math?

Earns 10k a month, buys a gym membership. Comes from a village in Vietnam where there’s no electricity, etc. – yet they have GYMS? :laughing:
I’m calling complete bullshit on this. This is some bloke just having a piss-about.
I really don’t get what you’re saying, either. Pretty incoherent. Sounds like you’re saying they should somehow “cut her a break” because she’s a dumb hick. Or that they should have discriminated against her when she tried to join up because she’s a dumb hick. No “Western glasses” here, either, mate.

Buying a gym membership on 10k a month! A migrant worker with time to spend in a gym! Get real! You’re ‘avin’ a laugh! :laughing:

@ eligh

What you are doing is a good and noble thing. However, what do you think you’ll achieve by going down the legal route? The gym want their bit, and from a legal point they are entitled to it. I think you’d be better off swallowing your pride and paying off the 5,000NTD your friend owes. I’m sure if you wave five blueys in front of the manager’s face they’ll cancel the membership. It’s not exactly a great wedge of cash. Let her clean your apartment or something to pay it off.

Can’t get blood from a stone – the local method for evading a civil judgment is simply not to pay it and not to have a bank account sitting about with large amounts of money in it. It’s actually a bit of a pain in the ass to try to force money out of somebody who doesn’t have any, no matter what legal system it is. And aside from legal “right and wrong” on this, most companies also realize that there are other more profitable people to try to screw for gym membership money.