CURVES FOR WOMEN: Business Broker Slams Curves Franchise and Franchisor
November 15, 2008
Franchise Pick features the sad story of the demise and closing of the Curves for Women franchise in Kailu, HI despite the franchise owner’s valiant struggle.
(Read: CURVES FOR WOMEN: Paradise Lost as Hawaiian Curves Franchise Closes)
Franchise owner Robbi Ugini closed the Curves for Women franchise location in Kailua earlier this month, leaving some 270 members in the lurch and her 5 employees suddenly jobless.
According to Honolulu Star Bulletin reporter Nina Woo, “A corporate spokeswoman for Curves did not return calls by press time…” Reporter Woo was able to get a reaction from a local business broker who has been trying to help struggling franchise owners for the past several years.
In Woo’s article, the broker reportedly categorizes the Curves franchise as a fad whose time has passed, and the Curves International franchisor as insensitive and uncaring to the plight of its failing franchise owners:
Mark Heilbron, a business broker at VR Mergers & Acquisitions, categorized Curves as a trendy kind of business.
Heilbron said he sold two Curves franchises over the last three years, but had several listed this last year that never sold.
“It’s a faddish type of business,” he said. “They made a lot of money and then when the trend went out, people who were still in them lost a lot of money.”
While buyers are more cautious in these economic times, Heilbron said they are still out there, with money they’d rather invest in a business than in the volatile stock market.
“Most people get talked into buying a franchise, and you’ve got to realize, depending on who the franchisor is, that most don’t care whether the franchisee makes it or not,” he said.
The story raises many disturbing questions.
Why was Woo allowed to sign 2-year lease for what is assumedly a 10-year franchise?
What assistance did the franchisor provide to keep her from failing?
Will CCI charge Robbi Ugini the $10,000 “failure fee” for prematurely closing her franchise?
If so, will that money be used to repay members who might be due refunds?
Is the Curves website accurate in stating “With a Curves franchise, you’ll be in business for yourself, not by yourself…”?
Read more about Curves at: FranchisePick.Com
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[...] Related story (Unhappy Franchisee): CURVES FOR WOMEN: Business Broker Slams Curves Franchise and Franchisor [...]
[...] CURVES FOR WOMEN: Business Broker Slams Curves Franchise and Franchisor [...]
[...] CURVES FOR WOMEN: Business Broker Slams Curves Franchise and Franchisor [...]
This is definitely a FAD. For the two and half years I have owned a Curves I have never made any money. I have a loss of over $60,000.00 I also had to take out a full business loan. The bank wont refinance or accept a short sale. If we have a sale we will have to move all our debt to credit acrds or they are going to seize the property from the new owner.
If you try to shut it down, the corporation charges you a closing fee in the ball park of $10,000.00 In addition, after you pay those fees, they charge all your back royalties and ad fees for the remainder you had left on your franchise agreement. Mister Heavin calls himself a Christiamn and says he is doing this for God. Since when did the Lord rob from the poor to relish in riches? I dont know how this man is not in jail AGAIN. After all, he is an ex con.
YES its a fad, a very good one, one that has sucked investors into giving over 100k, Does it work NO, I was a curves manager Ladies all joined because it was all new and face it every one wants to look good. When the gym opened in my town I had 750 members in the first 9 months and growing after a year ladies started to drop off and found the it got boring and really do alot. I dont know why people are so free in giving their money to an American Company, the money doest stay in Australia at all. I bought an Australian 30 minute fitness franchise and I just about closed the curves down in the same town. You cannot just close the doors you are locked in for 10 years. my advise is DONT buy an american franchise, just as an interst have a look at the franchise i bought ozi fit ladies love it !!!!! Please some one make some noise about this curves are opening here in town of 5000 people, they are getting gready
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The concept is good but the greed of the coporate office took over and ruined the company, It went from a good business to scamming their franchisees out of all their money. They did it to themselves over selling territories so you could not possibly sucseed why because of greed. Did howard really need more than one jet. He cooked his own goose and now will have to anwser in court
AUSTRALIAN CURVES OWNERS – speak up has any one had to close the doors ? its is a trend, you will start to feel the hard times if not now it will happen
Curves corp are allowing very smalll town to open curves when its in the franchise doc that they wont open in a town under 25k, whats happened here ??how has this been allowed to happen?? Take it to the papers people have to be told whats happening.
THERE ARE SOME HERE ON THIS SITE THAT DON’T BELIEVE EVERYTHING IS THAT BAD WITH CURVES. WELL FOLKS IT IS AND FOR THOSE WHO WOULD QUESTION THAT WHY DON’T YOU PROVE IT TO YOUR SELF BY DOING THE RESEARCH ON THE LAWSUIT. HERE IS WHO YOU NEED TO CONTACT.
FEDERAL COURT
U.S. CLERK OFFICE
800 FRANKLIN ROOM 800
WACO TX. 76701
254-750-1501
CASE OR DOC # 07′ CV’ 048
YOU CAN CALL AND REQUEST ALL DOCUMENTS REGARDING THE CASE AND PROVE TO YOUR SELF THAT HEAVIN IS NOT TELLING THE TRUTH TO THE CURVES OWNERS. SEE YOU IN COURT REAL SOON HEAVIN
I closed three Curves in the Cincinnati area after the Corporation put the locations so close together you couldn’t get enough business. Gary Heavin should be in jail (again) along with his sales people. He has ruined many lives (you would think he would feel badly for bankrupting someone since he was there himself at one time) but I am just glad to be done with the Religious Right bullshit business called Curves.
Very interesting that the self proclaimed master mind of Curves, Gary Findley, has been forced to abandon the Findley Group in Waco, and is now just a salesperson for Snap Fitness in Minnesota.
How was he “forced to abandon the Findley Group”?
Findley was forced to abandon the Findley Group because of all the people who had become disgruntled at how he handled the franchises they were representing, most notably, Young Chefs Academy and Facelogic, Dogtopia, Showcolate, and Romp n Roll. YCA and Showcolate are not offered on their web site any longer. Findley was simply getting in too much hot water with people by touting his expertise from Curves and not being able to perform.
There is virtualy nobody left at the Findley Group;
Gary Findley is gone
Don Fortenberry has left
Keith Watts has left
Wendy Law is gone
The office on New Road is up for sales.
It was easier for Gary to simply quietly leave town and get a sales job with Snap Fitness in MN.
This question is for Karin Martin from Cincinnati. What happened when you shut your clubs down? Were you charged $10,000 in addition to all back advertising and franchise fees? We want to shut our Curves down but are being told we are responsible for a penalty fee for breaking the agreement ($10,000) and will also have to pay in addition all back ad fees and franchise fees for the remaining time on the agreement.
To NJ,
Curves threatened to sue me for approx. $800,000 for future royalties and advertising. Then they ask for $10,000 upfront. DO NOT SEND THEM MONEY!!! If you close they will just go away, be sure of it . The legalities are not in their favor. They do not have time to pursue anyone anyway, there are far too many. Back then they wouldn’t let you close one to keep one; they might have rethought this because they cannot resell the territories. None of the three I owned reopened.t pan out Just close it if it won’t work, you have to have at least 300 members to make a go of it. I had 1600 members(before encroachment). between the three and it stil didn’t pan out. I am an educated women who had worked for herself for 16 years before embarking on this debacle so I had everything in my favor to no avail.
What are Curves procedures to shut the club down? What type of “paperwork” do they send you? What do they want to know?
[...] I suggest exploring useful information provided from the crew at Unhappy Franchisee if you’re seriously entertaining this business [...]
Important message to all Curves owners.
There is another site that all current owners of a curves franchise needs to be aware of. The site was set up by Curves using our advertising dollars so we all need to use it. It’s intent is to allow owners to converse with other owners and to share ideas. It is a good site if you are looking for ideas on how to save your club or just have questions for other owners. Here is the link http://health.groups.yahoo.com/group/curvesowners/?v=1&t=search&ch=web&pub=groups&sec=group&slk=1
Please go there to check it out and voice your opinion on the current posts and voice your concerns. This site is strictly for owners.
Close now! Do not respond to any certified mail from Wacko-in other words-refuse to sign for it. Curves will not pursue legal action outside of Texas thusly upsetting the position they have fought so hard for in our lawsuit. We have earned major victories as we are moving closer to our cases being heard-this will not be good for CI. THEY WILL PAY-one way or the other! This fad business is just another fraud perpetrated by born again Heavin with multiple family members (vendors) participating in insuring a stream of income when the owners have none-zero-zilch.
Stay away, get out now, CLOSE!
Curves International has won a major judicial decision in litigation with franchisees located in states other than Texas. A Federal District Court in Waco, Texas has held that Texas law will govern all claims made by the franchisees suing the Company. This means the Franchisee Plaintiffs lose all claims of deceptive trade, consumer protection and tort, all of which have been dismissed. The Court dismissed 26 of 31 claims brought by the Franchisee Plaintiffs which is a huge setback for the franchisees. See below.
State Anti-Waiver Provisions Trumped by Texas Law – - “A federal district court in Waco, Texas, has held that Texas law governs a dispute between a Texas fitness center franchisor and franchisees of at least eleven other states, even if the anti-waiver provisions of eleven franchise protection statutes operated to invalidate the choice of Texas law provision in the parties’ franchise agreements. The anti-waiver provisions were trumped because the conclusion that Texas law governed the dispute, according to the court. Thus, the laws of the franchisees’ home states were inapplicable, including all tort laws and even those of the eleven different franchise laws with anti-waiver provisions. Thus, all of the franchisees’ causes of action based on the laws of their home states other than Texas were dismissed.”
Texas had the most significant relationship to the franchisees’ claims, the court decided.
See the court’s opinion at Business Franchise Guide, Letter No. 351, Issue No. 354, January 23, 2009.
Momentum Marketing v. Curves Int’l, Inc., DC Tex., ¶14,047 LK:NON: FRAN-ALL P14047
See myeariler comment
Jean, you need to check with a lawyer. This is not a major judicial decision nor does it partain to the large 200 + litigants of the group action law suit. All this decision means is that the lawsuits must be filed in Texas courts. They are all now filling in Texas and so the case goes on. The group action lawsuit brought on by Zarco was always filed in Texas so none of those litigants were even involved in this decision. But thanks for the info and have a great day.
PAST AND PRESENT OWNERS,
Don’t forget to send your complaint letters to the BBB in your area as well as waco Tx. and your states attorney general as well as TX. and the FTC. Here are the links that you can go to to file the complaints.
http://www.bbb.org/
http://waco.bbb.org/WWWRoot/SitePage.aspx?site=40&id=ab5100aa-4c5a-4314-8e1b-f5996973f10c
http://www.oag.state.tx.us/consumer/index.shtml
http://www.ftc.gov/bcp/index.shtml
Karin Martin this one is for you or any owner who has recently closed its club. Since the closure of your facility has Curves tried to pursue its release fee from you? Have you received certified legal documents from CI? Want to know what to expect since I am in the process of closing.
We closed Feb 7, 2009 without filling out any of their paperwork. Curves has not sent us anything. We changed all our phone numbers. We told Curves if they have anything that needs to be sent to send it to our bankruptcy attorney.
Prima
As has been explained on many of the other sites associated with this site many of the owners who have closed since Aug who refused to pay the closing fee and sign the release not to sue Curves International are being sent certified letters of termination of franchise agreement and demand for 49,900 for a 10 year contract and around 29, 00 to 33,000 for a 5 year contract. Once receiving this letter you have 10 days to respond and if you don’t than you will be taken to court in Waco TX. And the next thing you will receive from them is a summons by either a constable, sheriff or a process server. You have 20 days to respond or Curves International will get a judgment in their favor automatically. This whole process use to take 5 to seven 7 weeks but because of the huge number of franchises closing they are way behind on filing and even sending out the certified letter. The closing fee that CI started to charge in Feb-Mar of 08 of 10,000 dollars seems to be intended to force the owners into signing a release so that the owner could not sue Curves International. Up until Aug they would negotiate the fee down to zero as long as you signed the release form but since than they are now going down to around 3000 dollars and forcing you to sign a release so that you can’t sue. It appears that this has been done because to join the group action law suit you must pay a retainer of 4000 to the lawyers and if you don’t join the lawsuit it will cost a 3000 dollar retainer to fight the summons in Waco TX to prevent them from getting a judgment. If you happen to get the summons get a hold of me by contacting Sean at this site and ask him to forward your e-mail to me. This is against the TX laws and you will have a big lawsuit against them that you are sure to win. You can go through the different posts on the following sites http://www.franchisepick.com/franchise-controversies/curves-watch-curves-franchise-posts-discussions/ and read about all the other owners who have closed and have had the above mentioned experiences.
I have a Curves in OKC which I bought as a resale in Jan. 07. My membership has continued to decline, despite all of my efforts. I am $20,000 in credit card debt and I finally decided, “no more”. I will not spend another dime of my money to keep this club open. I offerd my club for $5000 and could not get a taker. I have taken a full time job and am just ready to move on. I am having panic attacks and chest pains that are not normal for me. My blood pressure is high and I am on the edge. I faxed all of the necessary paperwork to Curves to close my club March 6, 2009 and I have notified all of my members.
My question is, did any of you who closed donate your equipment to another club or a women’s prison?
My big issue is with Curves tv advertising. Every day I see weight-watchers, tan and tone america, jenny craig, nutri system but I have yet to see a Curves commercial on TV within the last year. That is where you get most of your new business from and they are seriously failing the clubs. Also, 1 week of training for a new business owner; ridiculous. And you can get a mentor to come help you out when you open if you pay them $250 per day plus expenses. They are failing their US clubs miserably. I believe their emphasis and money is going to building Curves up internationally because of the new franchise fee. That’s where they make their big money.
I have talked with a lot of club owners and most are struggling.
My husband and I have never defaulted on anything before and this is hard on both of us. I don’t want to do anything but get out.
Denise
Denise,
We bought our resale in May 2006. We just closed the doors without sending Curves International any paperwork on Feb 7, 2009. We are filing bankruptcy. We are $36,000 in credit card debt and owe $62,000 on a business loan. We did not donate any of the equipment as per our bankruptcy attorney. Curves stakes its claim on the equipment and the bank has a lien on all business assets so the trustee of our bankruptcy case will sort it out. If it is one thing I have learned is life is too short. Do not waste another breath on Curves Internationally. They are a bunch of crooks who care nothing about the franchisees. They are in it for the money. They call themselves a Christian organization. Gary Heavin is the antichrist. The Bible says BEWARE OF A WOLF IN SHEEPS CLOTHING.
The way we have looked at it is we made a HUGE mistake and it is time to move on. We are not going to waste another day on Curves. I am sure you and your husband are good people. Chalk it up to a mistake and a learning experience and just move on. Change all your phone numbers so you cant be harassed by Corporate. We did. If Curves send you crap in the mail, send it to your attorney.
List recent Curves closures here. North Jersey, you’ve been included:
http://www.unhappyfranchisee.com/2009/02/curves-for-women-list-recent-club-closures-here/
Amazingly, there’s no news reports of the vast majority of closings. Supposedly 3 just closed in Southhaven, MS but nothing shows in the search engine.
Thank you, North Jersey. Good luck to you and your husband.
Denise
I am just in the process of buying a Curves close to where I live. I swear by it, I have gone from a size 12 to a size 2 since I’ve joined… along with dieting.
I feel great, and my fellow members all agree, Curves does work!
The current owner has lost a lot of money with this franchise, because she doesn’t have the time to promote it. The other women working there part time are wonderful.. I would hate to see this Curves close down… so I became interested in taking it over… and I would be there daily, go to senior centers, etc to promote it…
Certainly all the Curves out there can’t be failing??? It works!! I was a member of a traditional gym for nearly 2 years and only went a few times because I hated the impersonal atmosphere… everyone had headphones on to watch the tv’s etc… the staff were intimidating, as were the machines with confusing weights, etc… and not understanding how to use them…I just quit going.
I found out about Curves by accident… my daughter worked at one part time in Virginia and she suggested I go, as she saw results on herself in no time! The Curves there has 500 members, all happy ones!
Now after readingt all of this I am getting very cold feet… and feel really sad about this….
Diane,
You are correct not all Curves are failing but the vast majority of them are and it is not just the economy wich is effecting them. the opwner of the franchise is a very dishonest, untrustworthy, unethical, and un christian business person who has been taken over by greed. By reading the stories here you should be able to see a pattern that the majority of the owners have had to deal with. Be sure that you read the contract before you sign it and get legal advice as in all likelyhood you will need it in the future. Remember you have been dully warned about the way business is conducted so if you do continue to buy it good luck as I’m sure you are going to need more than just luck and hard work.
I notified Curves today, March 5th, that we are closing our club because our membership has tanked. They are asking for $10,000. Can somebody who has had experience with this PLEASE advise me about the next step? I searched the franchise agreement which we signed in June 2006 and don’t see anything about a closing fee of any amount
Thanks in advance.
Taffy
That’s because it’s not in the franchise agreement. They will tell you they will release you from the agreement if you pay the money. they will talk to you down to $3,000 and make you sign a paper that you wont sue them. They are charging you a failure fee for “abandonment.” Doesnt matter if you pay it or not they will also sue you for back royalties. Although so many clubs are closing, I bet you they dont. My husband and i filed bankruptcy. that is the only way to get the judgement dropped by them for their money. Dont send them a penny. I wouldnt fill the paperwork out either.
Taffy,
Send an e-mail to Sean at this site and he will forward it to me. Please include your phone number and I will call you asap. I can help advise you as to the options you have .
UNHAPPY IS ONE WORD BUT ILLEGAL IS THE WORD I”M FOCUSED ON. I EMAILED CURVES AGAIN ASKING FOR THE PAGE AND PARAGRAPH PERTAINING TO $10,000 (OR ANY AMOUNT FOR THAT MATTER). THEY HAVE NOT RESPONDED.
HOW CAN WE GET INFORMATION ON FORMER CLUB OWNERS WHO HAVE/HAVE NOT BEEN FORCED TO PAY ? WOULD THEY NOT SET THE PRECEDENCE?
PLEASE PROVIDE MORE DETAILED INFORMATION ABOUT CONTACTING SEAN – I’M CONFUSED.
I JUST RECEIVED AN ANSWER. THE $10,000 IS IN LIEU OF THE MONETARY RESPONSIBILITY OF THE FRANCHISEE FOR CLOSING. IT ALSO STATES THAT WE ARE LIABLE FOR $25,000-$30,000 IN FEES. THEY SITE SECTIONS 10 AND 18 IN THE AGREEMENT. THE SETTLEMENT FEE IS A LESSER AMOUNT FOR A MUTUAL RELEASE OF THE AGREEMENT.
IS ANY OF THIS SUBJECT TO DEBATE?
Taffy,
Read my reply. They CANNOT force you to do anything. Keep sending the same email every day until you get a reply. That is what I did and that is what I was advised to do by attorney. If they dont reply, have your attorney draft a letter and send it to whoever sent you the closing paperwork and CC Roger Schmidt. Email Sean and give him your number to give to Unhappy and he will call you and fill you in.
Yes it is subject to debate. Tell them you want a copy of the release form for your attorney to review. In this form, you are releasing yourself from suing them. That is one of the conditions. I have also heard from a former Curves owner in Ohio that she talked Curves down from a $10,000 closing fee to $3,000 closing fee, She paid it and they came after her for the back fees anyway. She had no recourse because she signed that release form. That is what they do. They try and trap and force you to pay using scare tactics and harassment. DONT SIGN ANYTHING OR GIVE THEM ANY MONEY.
HOW CAN WE CONTACT FORMER OWNERS IN OHIO TO EXCHANGE IDEAS RELATED TO THEIR CLOSING EXPERIENCE? IS BANKRUPTCY AN OPTION? DOES THE LLC THAT WE WERE FORCED TO SIGN HAVE ANY SIGNIFICANCE OR OFFER ANY PROTECTION?
Taffy,
Yes, bankruptcy is an option. We are in the process. As soon as you tell them you are filing bankruptcy and provide your bankruptcy attorney’s name, the judgement they place against you is dropped. It would be illegal if they try and make you pay. It is in the franchise agreement. In NJ, judgements last for 20 years and can be renewed. Who the hell wants that? If you have enough debt and because of the judgement that will be placed against you, file bankruptcy. I would consult your attorney and explain all this to him/her before doing anything.
Taffy
Do yourself a favor and don’t do anything until you speak to me. here is how to get ahold of Sean Kelly . Send him a note with your phone number and I’ll get ahold of you as soon as I recieve it. I can put you in touch with plenty of owners who have gone through what you are going through. Just dont sign anything until we talk as CI will try to coherst you into signing the release and once you do you are screwed.
419-647-0164 IS THE CONTACT NUMBER
From Curves Community…is CI feeling the pressure from all the closing’s and no new resales?
April 27-May 1 Club Camp Cancelled
——————————————————————————–
After evaluating projected attendance, we are consolidating the April 27-May 1 Club Camp into the following session that will be held July 20-24th. If you were planning on attending the earlier session in April/May, please make plans to attend the next one in July. We apologize for any inconvenience and will look forward to welcoming you then.
PRIMA :
PLEASE CONTACT ME AGAIN. I THINK I HAVE SOME INFORMATION THAT YOU CAN USE. I TRIED THE EMAIL ADDRESS YOU PROVIDED – NO LUCK. YOU HAVE MY CELL AND HOME NUMBER
TAFFY
Yes Curves is feeling the presure from all the closings and complaint letters being sent to the BBB, attorney Generals and Federal Trade
Copmmission. Their have been so many close since the first of the year that curves international is way behind on sending out the demand letters trying to collect the 10,000 dollar fee. Many owners have been waiting for the March food drive wich in previous years has ben a major draw for new members. It is still too early to see how well this promotion is working but preliminary results do not look good.
The CFA , wich was set up to represent owners is failing and is now trying to charge owners 50 dollars a year to join. Also New contract aggreements have stated to circulate wich include unrealistic demands from howie. Many owners are worried as the new document will surly hurt resales of the present clubs. Many owners who have been involved witrh the yahoogroup site have quit as the result of one owner who is by far the worst owner in the history of Curves. He refuses to follow the curves procedureds and is very ego driven much like Howie. ( He is also short in stature almost a midget like howie and just maybe their is some truth about the nepolean complex with short men) It has become a joke in town amoung other owners as his wife won’t let members chew gum while working out but as a result of owners like him many members are turned off at joining. I’m sure we will see a rash of posts on these sites starting next month as the closings are sure to take a dramatic increase after the food drive.
I have just received a closing packet from CI and really not sure if I should send the Intent to Close sheet and the Club worksheet – plus they demand them be returned in 2 days! After reading all the posts here I am inclined not to send anything until I have a lawyer look over it.
It was suggested to Taffy to contact Sean Kelly before she did anything. I would love to have some input from Sean also.
Sean can you email me and then maybe we can contact each other by cell phone.
Or try me at the club that phone # is 405-378-7667 but I am only there after 4 p.m. Oklahoma time – since I now have another full time REAL PAYIING JOB!
Thanks Rhonda
Rhonda:
Sean doesn’t give legal advice (which is a blessing for all involved), and can’t really advise you on your specific situation. You really should discuss it with an experienced franchise attorney who has dealt with this specific issue, and get input from franchisees and ex-franchisees.
Feel free to email us at unhappyfranchisee[at]gmail.com. If anyone has a suggested attorney, email as well.
Best of luck
I just had to close my club and received an e-mail from Curves. They apparently e-mail the closing packet now rather than mailing it. They have given me two days to fill it all out. What should I do. I do not wish to sign anything.
This is the e-mail CI sent me. There are a number of attachments including club closed already closed.doc. Legal abandonment.doc etc.
What do I do. I think they e-mail rather than certify mail now.
From: Wendy Law
Date: Wednesday, April 8, 2009, 11:24 AM
I have received notification that you have closed your club. I have attached the closing requirements if indeed you have in fact closed. Please contact me and let me know the reason of the closure.
The resale department has received information to indicate that you abandoned (closed) your facility. You realize, of course, that closing your facility is a breach of the terms of your franchise agreement with Curves International, Inc. (“Curves). You place yourself in default of the terms of your franchise agreement and you not only remain responsible for all delinquent fees (including monthly royalties/advertising fees), but also all future fees due and owing to Curves (including maximum monthly royalties/advertising fees) for the remaining Term of your franchise agreement. If you fully comply with all Curves’ requirements, including the procedures listed in the attached Closing Procedures document, Curves will allow you the opportunity to pay a settlement fee and execute a Mutual Release with regard to said franchise.
The completed Club Worksheet, Intent to Close Facility form, and an active, inactive, and archived member list must be returned to the resale department within two (2) business days of your receipt of this email by facsimile to (254) 751-3035 or by return email.
Carefully review attachments. If you have any questions please feel free to contact me. I hope to assist you through this transition and to make it as smooth as possible.
Sincerely,
Wendy Law
Resale Specialist
Curves International, Inc.
CFW Group, Inc.
800-848-1096 ext. 2537
254-751-3035 (Fax)
wendyl@curves.com
Don’t sign anything. Give it to your attorney. Have your attorney send a letter about why you won’t sign those documents. Talk to Robert Lay first. Email Sean at unhappyfranchisee@gmail.com and give him your phone number to give to Robert. Let Robert tell you what to do and what is going with the lawsuit against Curves.
We all got those documents with the 2 day window. We never sent them back. My husband and I are in the middle of bankruptcy. Curves called my attorney once. My attorney called them back and she never heard from them again as of yet.
There are so many Curves closing that they are just trying to bully you.
Ginger’s email is posted here:
http://www.bizzia.com/franchisepick/curves-international-you-failed-pay-up/
Comments invited
Ginger, I posted a question about the paperwork due in TWO DAYS on March 18, 2009. Since that time I have talked to several owners and have gotten differing answers. If you would like to call me at my Oklahoma City club the number is 405-378-7667, ask for Rhonda or leave me your email or phone number. We all need as much support as possible.
Gary Heavin is an honest man!!! I’ve known him since 1996 and he has don’t nothing but told the truth as far as I can tell. Franchisees/potential franchisees should have done their due diligence before they bought or opened a Curves! I knew before I ever bought a Curves that the life expectance was 2-5 years if your lucky! Don’t blame Gary for your poor judgement into getting into a business.
Howie Heavin is the most unethical, immoral, cheet and lier we have ever met. Just read all the post on all these treads and you will obviously agree. By the way the April 16th guest should keep in mind that you can go to hell for telling a lie the same as you do for stealing and by calling him an honnest man you sir are a lier………… So i’m sure you two will be seeing a lot of each other when you die as you will both be there togeather moron!!!!!!!!!!!!!!!!!!!!!!!!
unhappy guest on 4-16 @ 11:50 – you need to go to anger managment.
I knew before I ever bought a Curves that the life expectance was 2-5 years if your lucky! Don’t blame Gary for your poor judgement into getting into a business.
DID GARY EVER SHARE THAT TIDBIT THAT YOU WERE SO AWARE OF WITH HIS FRANCHISE OWNERS?
To guest,
You certainly have a right to give an opinion here on this board but you really need to provide some facts to substance ate your opinion which you haven’t done so far. If you read all the posts here you will see why we make the statement that Howie is an unethical, immoral, cheat and liar. We have the facts to prove it by the way he has treated his franchisee and the result of, them is the over 800 clubs that closed last year. This year could be the last year for Curves if they continue to close at the alarming rate that they have since the first of the year. Give us some facts on why you think this disgusting man is honest. When you are done trying to come up with one thing do a google search and see his past and then read all the posts here and I’ll bet you will change your mind .
Gary didn’t have to tell me this info. Hell I don’t think he had “Really” background in the industry before starting Curves. My knowledge comes from common sense and having been in the fitness industry prior to my time in Curves in regards to knowing what the typical shelf life is of a particular industry. It’s just common knowledge that people get bored with fitness after a while.
I understand how angry you all are; however, you are not only going to hurt Curves International but all of us who have kept our franchises open and profitable! I bought a club that was completely in the toilet financially and worked hard to bring it up. I have fought against a previous bad rep and I have done A LOT of damage control I have focused on keeping the members I have instead of just getting new ones and it has paid off big time! This is a BUSINESS and you have to run it as such. There is no “get rich quick” scheme here, just honest hard work. What CI has done is what ALL other franchise corporations do. His religion does not mean he should lay down all the governing rules and let everyone walk all over him. Have your pity party, but leave the rest out of it!!!
Thank you, “Leave Us Out Of It”. I have been with Curves for 7 years. I successful club and 1 not. Never blamed Curves Int. for anything. I will close the slow club next year. I started with Curves to strengthen women and not to make easy money. I quit our local co-op because I was simply tired of the wining and blaming of Curves Intl. and no one taking responsibility. I too, have sleepless nights, trying to think of the best thing to do to keep afloat, but that is the risk I signed on for. I have always been in business for myself (and usually by myself) and some have failed utterly and left me with nothing but major debt. I learned and strengthened myself. I once said to Gary Heavin: “When people succeed thay want all the credit and when they don’t, they blame Curves International.” When you bought a territory and opened your club near another, did it “bother” you to transfer their members to your new club? I think not. Yes, it’s hard on the “original” owners and the strong will survive.
To leave us out of it on April 21st, 2009 3:07 pm ‘
You are in denile and need to seek out help before you have a heart attack. Howie has led you down the golden brick road which he has quickly turned into quicksand. Furthermore Howie doesn’t have a religious bone in his entire body. No Christian would condone the contiunuious lies nor the greed that this man has repeatedly shown in his business dealings.
This board and discussion is not about a pitty party but to let everyone know what a dishonest person the Curves Franchise owners have to put up if they are considering buying one. It’s not our fault that the franchisee are worth nothing and can’t be sold. Many owners are happy to just give them away to get out of the headaces caused by Howie Heavin greed. This board is all about owners who have been cheated out of their life saving and how many are fed up. Instead of turning away and letting this man continue to rip people off they have decided to ban togeather and stop this man from hurting anymore owners by all legal means available.
Ever since 03 this company has been on a down hill road with no brakes on. Get real and get a life. Many of the owners here are not ex owners but our current owners who for years tried to get Howie to change his evel ways but to no advail. He alone has caused us to use this forum and lawyers which will eventually bring Heavin down. I don’t see anyone here having a pity party. As a matter of fack it is just the opposite. Most of the owners here are getting real happy as the trials are just about to begin and it is very doubtful that Howie will even have a chance to win and it doesn’t appear that any of the owners invloved are going to settle out of court..
Gee caif owner youve been a n owner for seven years. Well i have you beat cus iv’e been an owner for 12 years and for one I’m tired of all the lies Gary Howard heavin has spread just to make himself money. Did you buy the curves smart? I hope not as its not new technology as howie said it was. IT IS OVER TEN YEAR OLD AND NEVER WORKED THEN AND DOES’T WORK NOW …….hOW ABOUT THE CLOSING FEE WHEN YOU CLOSE OR IS YOUR 5 YEAR CONTRACT UP NEXT YEAR. iT REALLY TOO BAD THAT YOU THINK ONLY THE STRONG SURVIVE AS WHEN hEAVIN GO TITS UP AND FILES BANKRUPTCY WERE WILL YOU BE.. It is all such a shame but I know why don’t you and the other guest get togeather and have a pity party and complan about all the owners who have decided to fight back at the dishonesty, illigal, immoral,and corrrupt business practices of Curves International.
#1 How can I be in denial if my club is successful…doing what CORPORATE suggested. And Curves Smart works great, you just need a little bit of common sense and learn how to use it before you put it out! BTW, try spell check next time…
Who are you trying to kid? Curves smart has never worked. It doesn’t even produce the correct amount of calories burned and if you actually had curves smart you would know that. Explain why less than 40 percent of the clubs have curves smart? Explain why 90 percent of the clubs are losing money? Explain why over 900 clubs closed last year in the US? Explain why this board has become one of the most popular sites about Curves? Now tell the truth your name is Howie. Ya right another plant!!!!!!! Sorry but the truth hurts and we alll know the truth about Howie and how immoral and dishonest he is and you can’t change that by just saying so. Give us examples of his honesty and christain beliefs.
Again, i’ve had nothing but an excellent experience with Gary Heaven in my 14 years of knowing him.
Below I’ve attached the e-mail I’ve received from Curves… We’ve negotiated closing costs down to $3,000. I can not afford to pay that. I’ve already sunk over 30K into this failing business. My question is should I pay the 3K or press my luck and let it go to the legal dept. in hopes that I can negotiate the amount to something that I can afford.
Hi, Casey,
It has been a month since my last email to you and I haven’t heard anything back from you. The only requirements missing from the closing procedures are the equipment form (attached) and the settlement fee of $3,000. Please have both these requirements to me by April 30, 2009 to avoid the closing being turned over to our legal department. Thanks.
The path of truth always takes us in the right direction.
Chelley Breemes
Resale Specialist
Curves International
In my defense, they did hear from me. I wrote them back and said that I could not afford to pay 3K. It’s been a month since I’ve heard from them.
Next thing … what’s going on with what I pasted below? That sounds really scary. I have 3 small children, I can’t just head off to Waco if they summon me to court for not paying the 3K.
unhappy on February 19th, 2009 2:26 am Prima
As has been explained on many of the other sites associated with this site many of the owners who have closed since Aug who refused to pay the closing fee and sign the release not to sue Curves International are being sent certified letters of termination of franchise agreement and demand for 49,900 for a 10 year contract and around 29, 00 to 33,000 for a 5 year contract. Once receiving this letter you have 10 days to respond and if you don’t than you will be taken to court in Waco TX. And the next thing you will receive from them is a summons by either a constable, sheriff or a process server. You have 20 days to respond or Curves International will get a judgment in their favor automatically. This whole process use to take 5 to seven 7 weeks but because of the huge number of franchises closing they are way behind on filing and even sending out the certified letter. The closing fee that CI started to charge in Feb-Mar of 08 of 10,000 dollars seems to be intended to force the owners into signing a release so that the owner could not sue Curves International. Up until Aug they would negotiate the fee down to zero as long as you signed the release form but since than they are now going down to around 3000 dollars and forcing you to sign a release so that you can’t sue. It appears that this has been done because to join the group action law suit you must pay a retainer of 4000 to the lawyers and if you don’t join the lawsuit it will cost a 3000 dollar retainer to fight the summons in Waco TX to prevent them from getting a judgment. If you happen to get the summons get a hold of me by contacting Sean at this site and ask him to forward your e-mail to me. This is against the TX laws and you will have a big lawsuit against them that you are sure to win. You can go through the different posts on the following sites http://www.unhappyfranchisee.com/curves-overview/ and read about all the other owners who have closed and have had the above mentioned experiences.
To Guest,
Give us facts not your opinion. By the way are you sleping with Howie or just in bed with with?
Casey,
Send an e-mail to sean asap and he will forward it to me and I will get ahold of you to help give you the options you have in dealing with this.
I’m sorry, I hate to ask stupid questions, but I’ve quickly scanned the above posts a few times and didn’t see Sean’s e-mail address. I would spend more time looking, but I am short on time and thought it would be quicker.
seans e-mail Sean Kelly
Sean Kelly
unhappyfranchisee.com
Sorry I’m not with it this morning it’s unhappyfranchisee@gmail.com
Of course I have Curves Smart, and it DOES work correctly if you KNOW WHAT YOU’RE DOING! NO I am not Gary, go ahead and take YOUR mask off “unhappy”! Oh and to explain your questions, people who are buying these failing franchises are not business people and don’t understand risk, or more specifically- how to get the truth on a franchise prior to handing over a check. Mine is not failing, but growing. I can not tell you why every other club out there isn’t, all I can say is I brought my club from not breaking even to doing rather well. One last thing, your insults and jabs discredit you professionaly. This is my final post, have your “last word”…
Well, Well, Well She couldn’t even come up with one not one example of how Howie was trustworthy. Why not? Does that give us inclination about her and her trustworthyness? I would think so. Look at all the owners who have posted with their horror stories. They are filled with fact . With truth comes power and the owners who are going after CI and Howie in court have power beyoun belief. Oh well, another of the chosen ones who like to drink Howies colored tea has run off and left us. Give her say 6 to 8 months before she is in the same shape as all the other owners and looking to join the lawsuits. As my poppy always said you can lead a horse to water but you can’t make thim drink. But sooner or later they always do.
why hasnt these stories hit news media yet? One owner in my area acually commited arson and burned his club to the ground last sunday because he was so desperate. what a shame, he got caught and probly going to prison. This was on the news.CI needs to wake up and see they are at fault for charging all those fees and giving no help to breath life into its own brand. And yes curvessmart does not work properly calories are way off, and the members see that everytime they use it. what a scam to get more money from franchisees, like we havent given them enough money already, except they have cooked their own goose, they have made it unafforable and too scarry to stay in this business, another that will close soon. I have spent so much of my money on this club I am embarressed to tell anyone what that dollar amount really is. This was a very expensive mistake, I need more info on lawsuit so I can join in, nothing left to lose.
angry,
please send Sean an e-mail requesting him top pass or send it on to me and I will inform you about all the lawsuits. Unhappy
Wanted to let you guys know this. My club has been closed since Feb 7, 2009. The Curves Wellness Department is still drafting my former clients insurance companies, taking that money, taking their share, and depositing wellness monies into our checking account. HELLO? OUR CLUB HAS BEEN CLOSED FOR TWO MONTHS! THAT IS ILLEGAL! My attorney has to get involved now. I sent an email as well to wellness@curves.com – Are they really that stupid? Can they really draft wellness members for a club that is not even open anymore? Unbelievable.
My husband and I are so glad to be out of curves. Everything that corporation is has shady written all over it.
This is a follow up to my club closing on April 6th. I received the demand for $10,000 closing fee via e-mail withing 48 hours of my club closing its doors. On Wed. the 29th I received the UPS two page document demanding the $49,900 since I’m on a 10 year francshise agreement.
Fortunately, I had already been in contact with Robert so I knew to expect this. Knowing what CI is doing to everyone step by step has been helpful in dealing with this issue. Knowing what to expect next from you guys and Robert is invaluable help.
I know that there are many successful Club owners that don’t think this is happening or some how we are all to blame for bringing this on ourselves. They have their heads in the sand. But, the day will come when they will have to consider closing their doors and will turn to this group for help. I hope that you will forgive them their attitudes and help them.
Hi Ginger,
You are absolutly right. Many owners do blame the owners same as Howie Heavin does but the truth is that wile we must shoulder some of the blame most of it is Curves International and Howies fault. The lack of leadership, dishonesty, immoral, unethical and dishonest business practices of Curves International has led to the down fall of Curves.
As true christains we will of course forgive them and offer them help as their time will surly come. What a crying shame to see much less have to live through.
I still say Curves should be opened up to men, not only in theory but in actuality. Here’s a fact from another Gym Owner’s newsletter:
The market for fitness gyms and such is doing poorly along with the whole economy, but Planet Fitness recently offered new members a $1 down $10 per month deal, and guess what! They brought in thousands of new members.
Now, at the right rates, there is indeed enough to go around for everybody, unhappy with the franchiser or not.
You don’t think men would like to go through the 30 minute circuit, or whatever it is, and get back on the street, to their jobs, families, etc.?
Yes, try it…but again, not in theory, as one owner noted…let the men know they are welcome and can join at reasonable rates…thousands will join, and all you will have a piece of the pie.
I’m a potential member, not an owner. I love working out and have always wondered about the viability of specialty gyms, whether for women, for boxing, for whatever demographic group, but these days, to make it go, you need to INVITE the whole demography, that means men, and income will go up.
Again, if you want to segregate the genders, there could be different workout hours.
Try it, you’ll like it.
Another obvious point: location, location, location. And competition. There are unserved markets and there are crowded markets, we all know that.
I got home today and had an envelope from Curves wedged under my door.
I told them last week that after sinking every bit of my teacher’s retirement and my entire savings plus a large sum out of my already small teachers salary into Curves that I didn’t have $3,000 more to sink in to Curves. At that point they said they were turning it over to legal. Legal sent me a letter that says that I now owe them $19,080 for future royalty fees and $9,480 for future ad royalty fees. Very scary. I don’t have 3K, much less 30K. They have lost their minds. I am just glad that I found this website and that Robert told me what to do and what to expect when this happens. Still scary, but I’m really glad I’m not by myself in this.
You all sound pathetic and bitter. You took a chance and gambled at a business opportunity and lost the bet. Lesson learned. I have lost everything because of these Curves, but I saw it coming. It was my dumb fault for not taking action sooner. The company may have made some bad choices, but they didn’t force us to sign anything. We made that choice. You can blame them all you want, but it won’t change anything, it just makes you bitter and old. Maybe franchises in general are just bad ideas. They always benefit the franchising company, not the franchisee!
I wish you all luck in your future endeavors!
angry curves owner wrote …One owner in my area acually commited arson and burned his club to the ground last sunday because he was so desperate. what a shame, he got caught and probly going to prison. This was on the news….
http://fdphotos.net/?c=125&a=1243
http://www.newsday.com/news/local/ny-lifire2112674946apr20,0,4313753.story?track=rss
Do you have a link to a story that says the franchisee was arrested?
Sad that somebody’s dream literally has gone up in smoke.
owner from Pa,
I can not believe your comments. You are totally out of line to place blame on the owners. Certainly we must all accept some responsibility for our failure but to leave the impression that Curves International and Howie Heavin have no responsiblities in any of this is nuts to put it mildly. Reread all the posts and this time listen to what the opwners are complaining about and what caused them to close. Most of the horror stories have to deal with the population size of the territory that curves sold them. In the rural areas they sold areas with as little as 1200 people for a poulation base. Heavin knew that these would never be profitable centers and it was greed that motivated the sale. While the owners certainly have some responsiblility it was Howie who was the “expert in fitness” and he knew full well what he was doing. There is recourse for this type of behavior and of course that’s the courts and many of the owners are turning to that option. Have a good day owner in Pa but I hope you will think about you rude comments about the owners who have lost everything because of the lies, dishonest, unetnical, and immoral business practices of Howie and his rat pack friends of lawyers.
Tonight I filed complaints against Curves International with the BBB, The TX State Attorney General and the TN Division of Consomer Advocates. I’m asking for my franchise and equipment purchase price and all royalties paid to them to be refunded on the basis of lack of support to the franchisees and for selling supplements that were going out of date and over selling franchises. I’m asking that all demands for money from CI cease.
Tonight I filed complaints against Curves International with the BBB, The TX State Attorney General and the TN Division of Consumer Advocates. I’m asking for my franchise and equipment purchase price and all royalties paid to them to be refunded on the basis of lack of support to the franchisees and for selling supplements that were going out of date and over selling franchises. I’m asking that all demands for money from CI cease.
Owner from PA, join us. You lost everything. WE lost everything. You blame yourself. WE blame Curves for selling far too many franchises. Contract Zarco and Einhorn law offices in Miami Beach and join the rebellion!
Ginger,
We are proud of you for taking the corecct steps against Curves International. All owners need to stand up and put a stop to this greed by howie. If we don’t speak up he will turn around and sell these closed area to other unsuspecting buyers thus continuing the rip off. we all understand what a hard decission it was but you have taken the right steps and we are all proud of you.
Karin,
I have read all the past comments on closing a fitness franchise. I myself have a Curves franchise and have found Curves International of no help at all. I sent numerous emails to the resale department and got no reply.. Im at my witts end now . My family life is failing also.We been my husband and myself have put our lives into this club but it has failed miserably since this recession has started . Firstly members try to reassure you that they wont drop off but you can see the struggle in them . My members are dedicated and have been with the club for over 6 years , but now are starting to drop off .We dont have the membership to keep the club opened . Financially we just cant deal with it .
My question to you is , if i decided to close my doors what happens to the equipment, where does it go , who does it belong to . do i have to wait for another person to purchase the franchise, my landlady doesnt know where she stands can she rent the floor out again or does she have to wait for us to have dealt with all the paper work . We as young owners dont ahve the money to be wasting now especially with a new baby coming in August . We have moved from a mortgaged home to a rental in order to keep the club afloat. We now know we cant do this anymore . Im so afraid I really dont know what is going to happen to me .
My nights are restless and my days are long trying to sort out this mess . Everyday my life is full of anxiousness not knowing what is going to happen to me ! This is the type of stress I dont need ..
I have read a few articles on the closures of others club and have just felt awful for those owners who had to go through all that on their own ,now im in exactly the same boat as they were and dont know who to turn to as Curves International have been slated by almost every Franchisee. I can understand why though ! No reply to emails , Everyone is impossible to contact but im sure they wont forget to put you under the pressure when you need to pay up to get out ! I dont have the money for all this .. what am i to do nobody t turn to in anyway.. nobody to let me know that there is help at the end of all this …
Belinda,
Email resales and CC your area director and tell them you are shutting down. Give them a specific date. Don’t ask them if you can shut down. Tell them you are. Tell them you have documented emails you sent to them and that you received no reply. Tell them you are contacting your attorney. Print the letters and send them to your attorney.
After you do this, you will receive the Curves BS letter of having to pay them 10, 000 to shut down and then they try and bill you for back fees. DON’T give them any money. Get in touch with Robert Lay. Email unhappyfranchisee@gmail.com and give Sean your phone number to give to Robert. He will contact you.
My husband and I shut our Curves down Feb. 7, 2009 and filed Chapter 7 bankruptcy. If you go the bankruptcy route, Curves CANNOT force you to pay any money and they CANNOT put a judgement against you. We have been in your shoes and now we have been free and clear of CURVES for 3.5 months and it feels great to be able to get on with life.
In terms of the equipment, they will tell you to donate it to a women’s prision, send it back at your expense, or try and sell it to another club. We left everything in the place we rented from. tell your landlord to do as she pleases with it.
If you ask anyone on this board, women’s prisions do not want the equipment.
You are more than likely going to have to involve your attorney. As I stated in the beginning, email resales and CC your area director and tell them you are closing down. Don’t ask for help cause you wont get it. They dont want to hear you dont have any money. They dont care. Clubs are closing down like wildfire. After you email resales and your area director, have your attorney draft a letter to resales and legal.
Rid yourself of this albatross as fast as you can. After you email Curves and give them an exact closing date, change all your phone numbers including your cell phone so they don’t harass you. That’s the last thing you need with a baby on the way. Any documents you get in the mail, ignore them. You can either join the group lawsuit or file bankruptcy. We chose bankruptcy and now are free and clear of debt and Curves.
Hope this was of help.
Belinda.
You are not alone and yes we can help you get through this. Please send an e-mail to sean kelly at unhappyfranchisee@gmail.com asking him to forward it to me with your phone number and e-mail address. I will call you asap once I recieve that.. Take a deep breath and calm down, Everything will be ok and remember it is not your fault . You were behind the 8 ball so to speak from the beginning. Untill I hear form you take care and give that new baby a big kiss for us .
We Closed our doors a couple months back…took care of all our Members (stayed open and extra Month with no Drafts) and are still working with other area Clubs on Transfers. Resale sent us the Letter with Closure instructions, wanting the $10,000, telling us what we had to do with “My Equipement theta I paid for”. I ingnored the letter and they sent out another via e-mail stating if we did not fill out the closure packet, send the $10,000.00 with in 10 days, they would be forced to send to Legal Department. I responded to the e-mail “why wait 10 days” have at it…Now I have just recieved Legals demand for $29000.00 plus Ad fees, demanding equipment, all documention, so on. LOL…I have sold every piece of equipment so that we could pay off venders, rent, utilties, etc…Yes Bankruptcy Lawyer has been retained. It’s a terrible thing for all the owners that are going through this as well as the fantastic folks that supported the Clubs while they where finacially sound.
i cant say im surprised that curves peoples are getting screwed
character has always been an issue with the heavins
oh yes i remember gary and his brother david when they went out of business in the late 1980s in south texas
they sold memberships at the womens world of fitness clubs up until the day they closed the doors
they moved out in the middle of the night
i was pretty pissed and all efforts to get a refund were met wtih no response at all
i egged garys car and house until i found out it was his poor xwife and kids home (i felt bad about that)
anyway lawsuits were filed in the us court in brownsville. if i remember correct, all the business was in the name of david, william david heavin and womens world of fitness. no one ever got their money back and they hid all the assets from the banks in a giant warehouse
they had to agree when it was settled to never open another health club or something like that. gary opened curves in harlintgen in his wifes maiden name
to get around that and thats the real reason he don’t own any curves himself.
amazing how crooks never change their spots really
like i said character has always been an issue
good evening nobody,
I say that in jest because you are abviously someone who I would like to rub shoulders with. thank you very much for filling us in on some of the howies past wich we didn’t know about. I will get on that info tomarrow to find out more and what is in public records. thanks again nobody who really is somebody that we all should be proud of.
north jersey curves owner,
hey there i would like to thank both you and another lady called karin for your speedy answer to my question. knowing that their are other people out there in exactly the same boat and dealing with all the same BS is a little bit comforting .reading everyones emails really has opened up my eyes to these people . i never knew anything of garys old ways ( well to be honest he seems to not have changed at all).
i never realised that we an get information about things like that. I THOUGHT CURVES WAS GOING TO BE MY LIFE . I mean i loved working here first and seeing my efforts of helping someone reach their goal . i felt so good about myself , but since all of this started to happen my heart and soul have sunk to a level that i never thought i would ever in my life . im so wtihdrawn, full of anxiety,and i now know im not doing the job i love anymore . i loath coming to the club, and passing my day not knowing what is to happen to me !
i would like again to thank you for your help and please wait for my email to come so i can learn more of what to do …
thanks again guys so appreciate it xx
Check out the Curves franchise ads when they appear.
Belinda,
Thank you for the kind words Belinda and believe us when we tell you you are not alone. What you just discribed is what most of the owners are feeling now days. It is hard for any of us to even go into the clubs and the worry we have is always on our mind. But Belinda I am worried about you as I think you maybe putting to much stress on yourself over all of this. I know it’s easy for me to say but everything has a way of working out in the long run. Think of all the women you have helped better their lives. We will help you get through this difficut time and we all will be a lot stronger in the long run. So my advice to you is to take a deep breath and enjoy yourself today at the club and don’t worry or stress out. Have some fun today working out with your members and we will deal with the other issues once I recieve your e-mail. Take care and I will be talking to you real soon. God Bless you Belinda.
also about the time david was in court about womens world, friends of garys. rodger smitt? and kenny gibson ‘bought’ some of the assets and opened in harlintgen as fitness usa with gary running the health clubs which also closed after taking all the peoples money and gary filed bankrupt.
Gary probably put everything in William David Heavin’s name so he (Gary)wouldn’t have to pay child support, based on his income, to his ex-wife. I heard he served time in jail for not paying child support. If I would have known this, I would never have gotten involved with Curves. I don’t care if you hate your ex-wife, your children deserve to be taken care of. I think they’ve forgiven him though, especially since he’s involved them in the business and made them rich with all our money too. What a mess he’s created in our lives. I like you too, “just a nobody”. If Gary was not allowed to open another health club, I wonder how he got away with selling Curves franchises?
ah spelling correction. that would be roger schmidt who coincidentally is now curves lawyer and howard kenneth “kinnie” gibson, now a sales rep and balloon pilot for curves. these guys and their shenanigans go way back. oh yeah here is some interesting background on kinnie gibson involving murder and intrigue.
http://books.google.com/books?id=h64qv9OeXBwC&pg=PA50&lpg=PA50&dq=Howard+Kinnie+Gibson+stuntman&source=bl&ots=ROBxU_qFec&sig=sRVt-wtzIeN74ntMA5YsLwuMqXA&hl=en#PPA71,M1
To all curves owners who have had problems with curves International and Gary Howie Havein please send your complaints to the BBB of your city and Waco TX. As well as the attorney general of your state and TX. And the federal trade commission. Below are web links where you can file the complaints on line.
http://www.bbb.org/
http://waco.bbb.org/WWWRoot/SitePage.aspx?site=40&id=ab5100aa-4c5a-4314-8e1b-f5996973f10c
http://www.oag.state.tx.us/consumer/index.shtml
http://www.ftc.gov/bcp/index.shtml
a blurb on william david heavin and his wife: amazing how he leaves out womens world of fitness and that whole deal. the fitness company he worked for as salesman and manager was called shapely lady
Glenna and David Heavin
David Heavin, CEO and founder of Ideas In Action, was stricken with polio as a young boy and doctors told his parents that he would never walk again, presenter Bill Elliott said.
“As a young man, David turned his earlier polio into a ‘portfolio,’ as he worked his way up from salesman to manager for a U.S. fitness company. In the process, he became a national motivational speaker,” Elliott said.
“In 1972, David launched Ideas In Action, Sales and Marketing Consultation Co. He quickly became a leading national marketing consultant” for large corporations.
He and his wife, Glenna, took a “home-based business on a card table in their bedroom” and built a “world-class marketing and promotional products company in the heart of the Rio Grande Valley,” Elliott said. “He has mentored dozens of entrepreneurs as they have started new businesses, helping them develop business plans and providing support.”
He is active in chambers of commerce in Harlingen, San Benito and across the Rio Grande Valley and was the founding chairman of Business Watch — a program to curb vandalism in San Benito. He is also active in United Way and other charitable organizations and was instrumental in establishing the Doris Joy Heavin Medical Office Building at Valley Baptist Medical Center.
Glenna Heavin joined the company in 1990 after a career in education and banking and leads the company’s award-winning design department, leading the company into the e-business world.
Ok Robert, Sean, and everyone else, are you ready for this? My husband and I JUST TODAY, after we shut our Curves down on Feb. 7, 2009 AND filed bankruptcy which we were cleared of ALL debts, got a letter from Curves International stating their demands to send all their materials back, our member lists, they want the phone number of the club to transfer it to their 800 line etc etc. ARE THEY SERIOUS? Once bankruptcy is filed and the debts of the debtors (us) excused, it is against the law to contact the debtor. A letter went out to all our creditors, Curves International included that we were excused by the bankruptcy court of all debts. In that letter it states that creditors are NOT ALLOWED to contact us at all once the case has been closed!
ARE YOU GUYS CRACKING UP? This friggin company really thinks it is above the rulings of the courts and of the law. We threw out EVERYTHING Curves related – the manual, member lists, their CDs, etc etc. As far as we know, the equipment is still sitting in the gym. We have not been back to the location as we were operating on an expired lease since October 2008 and basically paying month to month.
Of course we can belive it. Howie is a crook from the word go. No surprise here.
Another update: You can tell that Sports & Fitness Insurance is a Curves collaborator. They owe us $149.00 refund. We never received it. I emailed them this morning about it. They too were aware of our bankruptcy and that wew ere discharged and I received this back from Dixie Kirk:
“I spoke with the Finance company and she is going to cut the check it will be tomorrow the credit from the cancellation was $149.00 but what was still owed to the finance company was $63.87 so she will cut a check to you for $85.13 she needs to know what mailing address you want this to go to.”
UNREAL! Another company that thinks they are above the law. I emailed her back and said:
“As per our attorney, you are not allowed to take fees that were owed. She told you that. We receivied a FULL discharge from the bankruptcy court. It states in the discharge letter that any creditor who was owed money can be penalized for contacting or taking any fees after the bankruptcy ruling. You should have received this letter. Just because fees were owed, does not put your company above the law to take them. You are not allowed to take owed monies. I’m not sure why this isn’t sinking in with you guys. Again, please contact my attorney ASAP.”
She emailed me back with the following:
“You are correct I will let Jamie know in the finance dept.”
I emailed her back with:
“IF we receive any other amount but $149.00, you will hear hear from our attorney as well as the court appointed bankruptcy trustee. Thank you for your immediate attention to this matter.”
These Curves companies are unvbelievable. WHEN ARE THEY GOING TO GO BANKRUPT? WHEN WILL THEY GET JUSTICE FOR THEIR GREED AND NARCISSISM?
“WHEN ARE THEY GOING TO GO BANKRUPT? WHEN WILL THEY GET JUSTICE FOR THEIR GREED AND NARCISSISM?”
Former North Jersey Curves Owner, I’m not sure that BK and justice will go hand-in-hand. Perhaps the contrary.
They call it bankruptcy “protection” for a reason. Look at Chrysler & GM. Bankruptcy basically gave them carte blanche to pick and choose which agreements they had to honor and which of their franchisee/dealers were SOL.
I’m sure if/when Curves would ever declare bankruptcy it will be completely to their advantage.
But, hey, on the bright side I hear we get another crack at justice in the next life!
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I am writing to you for insight. I am a European owner who is looking to close but having the same difficulties as mentioned by many of you. I am curious about the case that some of you have against Curves Headquarters. Can you let me know more? What grounds are you suing?
Thanks
Concerned European owner,
Send an e-mail to Admin at unhappyfranchisee@gmail.com with your e-mail address asking him to forward it to me and I will be happy to inform you about the lawsuits. Unhappy
I absolutly love my club and it’s members. Unfortunatly, I am going to need to sell or give it away ASAP as I too am out of money. I have sunk $165,000 into it and don’t see any way out. I have been thinking of aproaching the closest Curves (3 miles away) to see if she would like to close her club and take over mine. (It’s much nicer). How does corporate handle this kind of thing? I figure she knows about Curves already since she owns 3 and I wont feel like I am conning anyone. (sorry, I don’t have spell check)
Hey Sunk whats going on? Did you get it sold or are you going to close? Lets us know?