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Jason Carter
Jason Carter Jason S Carter Breaks contracts and becomes verbally aggressive & offensive when payment is requested Olathe, Kansas
24th of May, 2011 by User441975
Jason Carter signed up for a free 7-day trial fitness club membership on 9-29-2010. After some negotiation, numerous promises and missed appointments he finally showed on 2-14-2011 to sign an agreement and pre-pay for a 1-year membership. The manager agreed to let him split the fee into two payments with the first payment being delayed to 2-25-2011 and the second one scheduled for 3-11-2011. On 2-21-2011, after the 3-day buyer's remorse period had passed and just before his first payment was to be collected, Jason called to cancel his membership. Rather than pushing for payment of the entire amount, the manager compromised with collecting payment for February (first month of membership) and March (the 30-day cancellation notice period). On 3-14-2011 I received a notice of chargeback from the credit card company (Visa pulled the payment from the business and refunded to the consumer). Jason's reason for the dispute was "didn't want membership". At least 10 times in emails leading up to signing the membership agreement Jason expresses his satisfaction with the club, his intent to join, or his plans to sign a membership:


2-7-2011 - "Are you going to be there tonight around 5 30 I would like to come sign everything tonight!"
1-18-2011 - "I am going to join"
12-7-2010 - "k we will get this deal done"
11-29-2010 - "can be there tomorrow at 6 am?"
11-29-2010 - "When are you avail to talk I won't have the money until the 12th of december can you work with me on this I really need to join I need to get my **s in there lol."
11-15-2010 - "I love the club and want to keep coming to it just let me know and feel free to call me if you need to"
11-10-2010 - "I will come in sat at 10"
11-10-2010 - "how bout this weekend."
11-3-2010 - "I am going to be avail prob friday so I can come in then. I love the club and like the setup so I will sign up if friday if you have time."
10-25-2010 - "Ok, I am going to come in this week and sign up. I love the place and we can talk what time works for you."
10-15-2010 - "I will be in soon I really like the club and want to join"
10-7-2010 - "Yes, I want to join I will be in tomorrow if you will be there."

On 3-16-2011 The manager called Jason to make arrangements for payment which resulted in a series of threats and profanity by phone and email...

"I sent this to my lawyer you just threatened me verbally in thus email."
"Do want you want I have the contract so does my lawyer. I leave for Iraq Sunday to defend your freedom!!!!!_ do what ever the F**k you want."
"If you want to give me some bullsh*t about word than your barking up the wrong tree. You try and do collections for 379 your gonna be sued so the ball is in your court. I'm being nice if you try and send me to collections for that I won't be. Especially when I get back to Kansas"

Among his excuses were:


"I leave for Iraq Sunday" Many businesses commonly accept copies of deployment orders to support cancellation of agreements. If Jason was unaware of an upcoming deployment when he signed the agreement on 2-14-2011 that caused him to cancel on 2-21-2011, we would have cancelled the agreement completely rather than even considering compromising on the amount owed.
"...I got transferred to Atlanta. There us no club near me at all" There are more of these franchise fitness club locations in Atlanta than there are in Kansas City.
"the door card wasn't active the whole time" The door card was active for his entire 7-day trial plus another 4 weeks before it was deactivated. When we proactively notified him on 11-10-2010 of the card's deactivation he responded "not a problem".
"I cancelled within the time frame." The "Member's Right To Cancel" paragraph on page 2 of the membership agreement says "I may cancel by delivering or mailing a written notice to the Club.... and must be delivered or mailed before midnight on the third business day after I sign this agreement." Jason's call on 2-21-2011 was past that timeframe and no written cancellation was never received.

I provided these details and supporting documentation in response to the Notice Of Chargeback which resulted in the chargeback being reversed (the payment was deposited back in the business account). On 5-18-2011 I was notified that Jason disputed the reversal without providing any additional information and Visa again refunded the amount to him citing "no proof of proper disclosure" and declaring it a final resolution. When I called to verify that I didn't have an opportunity to respond to the chargeback the representative thought the reason of "no proof of proper disclosure" was odd since I had provided a copy of the membership agreement that Jason signed where the cancellation policy was clearly stated... but admitted that Visa most commonly sides with the cardholder and not the business. shows that Jason has a history of breaking contracts and non-payment. The amount he defaulted on isn't enough for me to justify continuing into Visa's arbitration process or consider legal action, but considering his record he deserves a little more visibilty. Maybe someone else can avoid a similar experience with him by reading this.

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