New York Sports Club [NYSC]

on July 15, 2019 -this facility has no running water- a sign is posted as members enter
stating no water from "11am to 530pm" we asked the front desk if there will be water or none? replied YES in 45 Minutes- went to the locker room which is been too hot for the past 2 month (the answer to this is because they are working on the air conditioning system) the bathroom was corded when i asked the locker attendant she simply say no water no one can use the toilet (she only speak Spanish which i do understand) ask her question where do we go to use the bathroom she said go asked the front desk- i need to wash my hand no water on the sink - i still proceed to do a little work out hoping the water issue will be resolved-went up to see the front desk for I need to use the bathroom before my class -answer still NO WATER- we can not use the toilet to urinate- if i want i can go to outside facility to use the bathroom-meaning i have to go to other building with my sweaty clothes to urinate- when i asked why is the gym open if there is no water? a member consultant answer to me "WHY DO I NEED A WATER TO WORKOUT" "SOME MEMBER DO NOT USE SHOWER AFTER WORKING OUT" to me that is a very rude and unprofessional answer -ask for the manager on duty NO Manager -manager left for the day -if i want to speak to the manager i need to call the next day -called the next day a person answer and put me on hold for 20mins -after telling her the nature of my call -i hang up dialed again a man answer and he announced himself that he is member consultant and he will relay my complain to manager-i stated my complained and the same answer i got from the night before which is :WE TELL THE MEMBER NO WATER AND NOBODY CAN USE THE TOILET" I ASKED HIM HOW DID HE USED THE TOILET YESTERDAY? HE SAID I HAVE WAYS TO DO IT -MEANING THEY ARE WORKING ALL DAY WITH WASHING THEIR HANDS DUE TO THE FACT THAT THERE WAS NOT WATER IN THE GYM. POOL ISSUE IS ANOTHER ONE -WE ASKED HOW COME THE WATER IN THE POOL DOES NOT SMELL CHLORINE - BECAUSE A POOL THAT DOES NOT HAVE A SMELL OF A CHLORINE MEANS THE WATER IS NOT BEING FILTERED -THE ANSWER WE GOT IS THE LIFE GUARD IS JUST A RELIEVER -MEANING SHE IS NOT A CERTIFIED LIFE GUARD SHE DOES NOT KNOW THE PROPER TEXTURE FOR THE WATER IN THE POOL ESPECIALLY FOR THE GYM. AN ACTION IS BADLY NEEDED TO THIS PROBLEM- PLEASE THIS IS BECOMING A BIG ISSUE - OTHERWISE I WILL SUBMIT THIS COMPLAIN TO DEPT OF HEALTH -THIS KIND OF FACILITY IS VERY UNSANITARY TO MEMBERS OF THIS GYM.
I AM LOOKING FORWARD FOR AN ANSWER TO THIS.

Dear to whomever this may concern,

This letter is a complaint against Tapout Fitness located at 139 W 32nd ST. New York, NY 10001. Due to a language barrier as a Chinese immigrant, I am writing this complaint letter on behalf of my father, Rubin Huang, who is a gym member at Tapout Fitness at the location listed above. A gym membership contract was signed between Mr. Huang and Tapout Fitness on May 11, 2018, and this contract stated that the membership was for a 12-month term, which was to expire one year from the date the contract was signed (May 11, 2018). If the contract was not otherwise terminated, the contract states that after the first 12-month term it would automatically renew into a month-to-month term agreement.
On April 21, 2019, at or around 12:30 p.m., Mr. Huang arrived at Tapout Fitness located at 139 W 32nd St. NY, NY 10001, the location where he had signed the contract and where he regularly attended the gym, and attempted to cancel the membership to prevent the automatic renewal stated in the contract. The receptionist turned him away and stated that only a manager is authorized to cancel any gym membership; therefore, she told Mr. Huang that he needed to come back when the manager was working.
On April 22, 2019, at or around 4:00 p.m., Mr. Huang arrived at Tapout Fitness located at 139 W 32nd St. NY, NY 10001 again in an attempt to cancel his membership. The receptionist, Susana, and the manager, Israel Chaparro, came out to the front desk and informed and insisted that Mr. Huang's membership does not end until May 11, 2020. Mr. Huang tried to present a copy of the membership contract to Susana and Mr. Chaparro to explain his concerns and show that the information being told to him was incorrect; however, both Susanna and Mr. Chaparro refused to look at the signed agreement. Instead of looking at the agreement, Mr. Chaparro was rude, disrespectful, condescending, and angry with Mr. Huang and Mr. Chaparro continued to argue that the membership contract ends on May 11, 2020. Mr. Chaparro then went on to state that in order for Mr. Huang to cancel the contract he will have to pay a $200.00 cancellation fee, which is stated nowhere in the agreement.
Facing an increasingly hostile manager that was now threatening him to extort a fee out of him, Mr. Huang called me to help him translate his concerns and respond to the false and misleading statements made by Tapout Fitness that went directly against the contract signed by Tapout Fitness. When Mr. Huang offered his cell phone to Mr. Chaparro so that I could speak with him, Mr. Chaparro refused to speak with me and proceeded to go back to his office. Mr. Huang also attempted to hand his phone to the receptionist, Susana, which she had refused as well. When Mr. Huang requested that Susana provide her manager's name, direct office phone number, and the manager's business card, she refused to give any information. When Mr. Huang even asked for as basic information as the name of the receptionist that he was speaking with (Susana), she initially refused to give it as well, but eventually did provide it.
Because Mr. Huang was feeling intimidated and misled, I personally called the facility and spoke with another receptionist, Randall. I requested from Randall to speak with the manager, the manager's name, and a copy of his business card, Randall stated that he would not allow me to speak with the manager nor provide any of the requested information. When I told Randall that I would have to escalate this to the Department of Consumer Affairs and possibly seek legal counsel due to the actions being taken against Mr. Huang, he said "you do what you gotta do, it doesn't bother me" and then abruptly ended the call.
Mr. Chaparro then asked Mr. Huang to go to his office and stated condescendingly, that he needed to come back on May 10, 2019, "to be on time" in order to cancel his gym membership; however, when Mr. Huang initially signed the contract, he was told that he needed to cancel his membership about 10 days prior to the renewal date of May 11, 2019. At this time, Mr. Huang requested Mr. Chaparro to speak with either I or his attorney, who was also available by phone, and Mr. Chaparro again refused to speak and stated that he will not speak with anyone because it's not the date of cancellation. Mr. Chaparro refused to speak with Mr. Huang further so Mr. Huang had to leave.
There is a clearly signed contract between Tapout Fitness and Mr. Huang, yet the manager and staff at Tapout Fitness are trying to defraud, deceive, and take advantage of Mr. Huang. We believe a large portion of the motivation and the persistence in these attempts to take advantage of Mr. Huang are due to Tapout and particularly Mr. Chaparro feeling capable of using a language barrier and Mr. Huang's status as a Chinese immigrant (U.S. Citizen for over 30 years) against him. Mr. Huang will be out of the country from April 27, 2019, to May 11, 2019, therefore, he is attempting to cancel his membership now. The contract does not state there is any time as being "too early" to cancel so long as the member pays for the entire period of the contract, which Mr. Huang has already done. Mr. Huang does not wish to cancel the contract early - just that it end exactly according to its stated 12-month term.
In good faith and with more than reasonable efforts, Mr. Huang attempted to cancel his membership contract; however, instead of a the simple act of honoring his cancellation request that is clearly according to the terms of the written agreement, he received rude and disrespectful treatment from the receptionist, Susana, and the manager, Israel Chaparro. Both Susana and Mr. Chaparro, knowing that Mr. Huang has a language barrier, refused to offer him any accommodation or speak with me as translator; instead, they both tried to extort money from Mr. Huang and defraud him, by arguing that his gym membership ends May 11, 2020, and that a cancelation fee of $200.00 is required. There is a clear contract drafted by Tapout Fitness and that both parties signed. The contract is what controls in this case; however, we think it is clear by the actions of Tapout Fitness that they seem to think they can take advantage of Chinese immigrants and just make up terms, rules, and unconscionable "fees" on a whim.
Mr. Huang just wanted Tapout Fitness to honor the agreement they signed; however, now he feels that their acts of discrimination and attempt to defraud him should also be investigated.

Sincerely,
Lily H. Klatsky