Another gym in Burnaby has shut its doors less than a year after Fit City for Women closed down.
Nova Fitness and Health on 7012 Rudolph St. opened last year and closed operations on March 7, according to the Better Business Bureau, but members were not able to access the gym since the end of February.
Juliette Geddes said she joined the gym because she thought it was a good deal for a fitness centre with top of the line equipment, instructors and had a nice website.
She was a Nova member before it officially opened, after receiving a flier in the mail that said it was $19.80 a month, including all classes offered such as yoga, zumba and others.
But now she's out several hundred dollars and is left with nothing except an email, stating it was from the "former management," apologizing for the closure.
In the email sent to all members, and obtained by the Burnaby NOW, it states that a shareholder and physiotherapist who rented space in the gym was going to sign the lease over to himself and was going to honour and take over the memberships.
"We are deeply sorry for any inconvenience that this transfer has caused you," the email states. "We are currently looking at options to ensure the services are honoured."
When Geddes and several other members went to the gym a few days later, there were notices about the gym's closure and also a response from Dean Kotopski, the physiotherapist who rented a space in the gym. (The response can be viewed at www.novahf.com.)
Kotopski states that he was never going to take over the gym and never had an agreement or received money to be able to honour the memberships. He owned about 10 per cent of shares in the company, and states he was deeply disturbed by the actions of the management in claiming he would take over. Kotopski also said it was negatively affecting his "reputation and name as a caregiver in this community."
"I am truly sorry for the financial and moral loss so many of you have suffered," he states. "This is not how I do business, and if I were in charge, things would have gone much differently."
In an interview with the Burnaby NOW, Kotopski said he has not heard from Nova's management since, but he did send them a letter from his lawyer about a possible defamation suit. He said he has lost money from his investment.
The Better Business Bureau and Consumer Protection B.C. have looked into the gym's sudden closure, as well.
Mark Fernandes, of the bureau, said Ann Michelle Costa was the director of Nova, and Mike Darling and Ralph Darling were part of running the gym.
Fernandes said the bureau has received 80 inquiries about the gym since March and there are eight closed complaints, as the gym is no longer operational.
Costa and the Darlings were also connected to another gym called Target Fitness and Health, which was located in Vancouver and closed last year, according to Fernandes.
He said closures like this are not unheard of and those who have not received refunds from a signed contract with a gym may still be able to get their money back (if paid for by credit card), and should contact Consumer Protection B.C. for more information.
Tatianna Chabeaux-Smith, Consumer Protection B.C. manager of corporate communications, said if a deal is too good to be true, it usually is.
"Consumers do have rights in consumer contracts, in general," Chabeaux-Smith said.
The provincial organization specializes in gym contracts and can help consumers get their money back.
"There's always a risk," she said. "Phone us, see if there's been any calls about the gym. Always read the fine print in the contract."
The building on Rudolph that housed Nova continues to operate in a different form.
Kotopski said he still rents out a space for his physiotherapy practice in the building, which is close to his Performax Health Group office, where he mainly conducts his business. He and other personal trainers are renting out the building directly from the landlord and have made it a personal training centre, Kotopski said.
"I continue to do things on a day-to-day basis," he said. "We're trying to pick up the pieces. I have had to deal with bailiffs, police, the Better Business Bureau, and all the answers I provided were checked out. I have nothing to hide."
The Burnaby NOW checked the Superintendent of Bankruptcy office, and there was no bankruptcy file on Nova Health and Fitness.
Costa and the Darlings did not comment when contacted by the Burnaby NOW.
For more information about getting refunds from a contract, visit www.consumerprotectionbc.ca. For more about the bureau's file on Nova, visit mbc.bbb.org and search for Nova Health and Fitness.
