Qilu Evening News Qilu One Point reporter Qi Yunlei
On May 26, Qilu Evening News Qilu OnePoint reported that the sudden closure of the Bayi store of Jinan Black Horse Fitness Club triggered many members to defend their rights. On the morning of the 27th, Che Junru (also known as Che Ping), chairman of Jinan Black Horse Fitness Club, responded that he did not run, but he had no relationship with black horse Bayi store, because the gym had been transferred to America Fitness on April 28 this year, and the head of the store suddenly left after American Fitness took over, which led to the current situation. At present, he has obtained the consent of the landlord that the gym will continue to operate so that members can work out normally, but they cannot meet the refund demands of some members.
Dozens of members came to defend their rights
Ask the gym to give a statement
Earlier, Black Horse Fitness posted a notice of closure at the door, saying that black horse Bayi store will close on May 22 for maintenance, suspend business during the maintenance period, and operate normally on May 27. On the evening of May 26, a member told the Qilu Evening News Qilu One Point reporter that they had received news that the chairman of Jinan Black Horse Fitness Club would open its doors at bayi on the morning of the 27th, when members would go to defend their rights.
At 8:30 a.m. on the 27th, the reporter came to the Bayi store of the Black Horse Fitness Club. It can be seen that the gym has indeed opened its doors, and dozens of members who have come to discuss the matter have gathered at the scene. Mr. Cui, a citizen who handled a fitness card at the Black Horse Bayi Store, told reporters that his fitness card was issued in March 2016, which was originally valid for three years, and then after the expiration of the fitness card, he spent 2880 yuan to renew it for four years, and it was valid until 2023.
At 8:00 a.m. on May 27, many members who came to defend their rights gathered in the Black Horse Bayi store.
Mr. Cui said that the Black Horse Fitness Bayi store was closed on May 22, but a few days before the closure he found something wrong, because there was no cleaning in the gym, when he also asked whether the staff of the gym would run, the staff said that they were such a big company, so many stores, will not run, did not expect that on May 22, the gym posted a notice and suddenly closed.
"We tried to contact the head of the gym, but we couldn't get in touch." Mr. Cui said he had heard that the Black Horse Fitness Bayi store had been transferred to someone else, and he had talked to two young men in charge of running the gym before, and the young man said that they had signed a contract with Black Horse Fitness for more than a year to manage the gym. But the two boys left after less than a week of work, and the gym was left unmanaged.
"Our appeal is simple, that is, the gym can be opened normally, so that we can have a place to exercise." Mr. Cui said that his fitness card still has more than a year of validity, many members still have personal training classes in their hands, the gym can not continue to open, he hopes that the person in charge of Black Horse Fitness can give members a statement today.
Chairman of Black Horse Fitness:
No way to run Bayi store has been transferred to American Fitness in April
On May 26, a member sent a reporter an apology statement suspected of being the chairman of the Black Horse Fitness Club, saying that the Black Horse did not run away and that the Bayi store had been transferred to America Fitness in April this year. On May 27, Qilu Evening News Qilu OnePoint reporter met Che Junru, chairman of Jinan Black Horse Fitness Club, at the Black Horse Bayi Store, and he confirmed to the reporter the authenticity of the chairman's statement provided by the previous member.
Previously, Che Junru released the chairman's statement in the member group.
According to Che Junru, he is the first gym in Jinan, has been engaged in the fitness industry for 20 years, but since last year the new crown epidemic has had a particularly large impact on the fitness industry, last year Black Horse Fitness lost nearly 30 million yuan, they operated under great pressure, and even there was arrears of employee wages and rent, so in April this year, he transferred the Black Horse Bayi store to American Fitness, including business licenses, legal representatives and equity changes in industry and commerce.
Che Junru told reporters that although the Black Horse Bayi Store still has a value of two or three million, he was transferred to American Fitness for 0 yuan when he transferred, and the reason why it was given to each other was because the two sides agreed that after American Fitness took over, they would accept the original old members of Black Horse Fitness, and bear the rent, utility bills and debts they had previously owed.
Che Junru said that when negotiating with American Fitness, he felt that the other party was very professional, including management team, business philosophy, marketing concept and so on. After American Fitness took over the Bayi store, everything was fine, but the store director suddenly left. He also contacted the store supervisor for the first time to understand the situation, the store supervisor told him that they were confident of serving the members, but some old members took the lead in making trouble, and also complained that the gym had fire problems, resulting in a lot of pressure on him, so he chose to leave, and after he left the company would send a team to operate. However, when he contacted the head of Americas Fitness, the other party never answered his phone.
Black Horse Bayi Store has just replaced its legal representative
Registered companies have been included in the list of abnormal operations
In order to verify his claim, Che Junru showed the Qilu Evening News Qilu One Point reporter the transfer agreement between him and Chen Mingcai, the head of American fitness. The reporter saw that the two parties in the agreement agreed that Che Junru (Party A) would transfer the shares of China SCE Sports (Shandong) Group Co., Ltd. and the Jinan Black Horse Fitness Club under his name to Chen Mingcai (Party B), and in the future, all the operation and management rights and existing equipment and other items of the Bayi store would be operated and managed by Party B as a whole, and the operation and management rights and equipment items of other stores would still belong to Party A. After the transfer procedures are completed, all the existing fitness equipment, office supplies and other items in Bayi Store shall be owned by Party B, and all debts of Party A, including rent, utility bills, personal training members, membership debts, etc., shall be borne by Party B.
A transfer agreement signed between Che Junru and the head of Americas Fitness.
The agreement also stipulates that the previous and future refunded members of the company and the club shall be handled by Party B, and Party B shall replace the Logo of the American fitness brand within 10 days after the change of industrial and commercial license, and promise not less than 1 and a half years of service operation and management time to continue to serve all members within the fitness limitation period. The reporter noted that the signing time of the transfer agreement was April 28, 2021.
The legal representative has been changed on the business license of Black Horse Bayi Store.
In addition to the transfer agreement, Che Junru also showed the reporter the business license of the Black Horse Bayi Store, which showed that the registered name of the gym was China SCE Sports (Shandong) Group Co., Ltd., and the legal representative was Chen Mingcai. Che Junru told reporters that Black Horse Fitness is only a brand name, the name of the black Horse Bayi store is Youjia Fitness, the actual registered name is China SCE Sports (Shandong) Group Co., Ltd., before he was the company's legal representative, but the company's legal representative has been changed to Chen Mingcai on April 29.
According to the Tianyancha APP, China SCE Sports (Shandong) Group Co., Ltd. was established in November 2017, the legal representative is Chen Mingcai, registered in the Shizhong District Market Supervision Bureau, and its business scope includes the organization and planning of sports events; fitness services; teaching software development; sports facilities management. As can be seen, the company was involved in multiple legal proceedings and was enforced by the court twice on April 28 and May 21 this year. On May 25, the company was included in the list of abnormal operations by the Shizhong District Market Supervision Bureau because "it is impossible to contact the enterprise through the registered domicile or business premises.".
According to the number provided by Che Junru, at more than 6 p.m. on May 27, the reporter tried to contact Chen Mingcai, the person in charge of American Fitness, but his phone has not been able to be connected.
Black Horse Fitness said the Bayi store will continue to operate
However, there is no refund for the member
"Normally, according to the law, I have no relationship with this shop, but emotionally speaking, we have to take care of this matter." Che Junru said that although the Black Horse Bayi Store has been transferred to American Fitness, but now he can not contact the person in charge of American Fitness, considering that many members are old members of their black horse before, so he needs to negotiate with the landlord Hualian Commercial Building, hoping to keep the gym open to meet the fitness needs of members.
In the face of the members who came to defend their rights, Che Junru admitted that he did not inform all members in time when transferring the Bayi store, but some members knew about it. However, the members believe that they are signing a service agreement with Black Horse Fitness, even if the gym is transferred to America Fitness, it is only an agreement between the heads of the two companies, and they have not agreed to it, so the contractual relationship between them and Black Horse Fitness should still be valid.
In response to the situation that the closure of the Black Horse Bayi store caused members to protect their rights, Che Junru proposed a solution. Che Junru said that after consultation, Hualian Commercial Building has agreed to continue to operate the Bayi store, and since the gym will continue to operate, it will incur costs, so he will arrange staff to serve members. However, the Bayi store can only open equipment, such as treadmills, strength equipment, etc., and the exercise class should be transferred to the Black Horse Sunshine Store one kilometer away, where the unified class is held, because if the teacher is invited to the Bayi store alone, the cost is too high. If members feel that it is a long distance to go to the Sunshine Shop for exercises, they can provide members with three months of distance compensation. As for personal lessons, they will also actively seek out coaches to teach members.
Some members questioned how long the gym could continue to operate, and Che Junru explained that according to his agreement with Chen Mingcai, American Fitness should serve the old members of Black Horse for at least one and a half years. The lease period of bayi stores is still more than one and a half years, they can not determine whether the lease can be renewed after the expiration of the lease, if they can be renewed, the fitness card valid for more than one and a half years members can continue to work out here, if not renewed, then you can go to other black horses stores for fitness. Some members asked him to write a written commitment, and Che Junru said that at present, he is no longer the legal representative of Bayi Store, and he cannot give a written commitment.
Che Junru said that after coordination, the current Black Horse Bayi store can continue to operate, even if it is really unfortunate to close in the future, Black Horse has other stores, and members can also go to their other stores nearby for fitness. The closest to the Bayi store is the Sunshine store, and the Hanyu Jingu store and other stores are cooperated with Full-Time Capital, as long as the members make up the internal price difference, they can go to the gym.
Some members apply for a membership card after the transfer of the gym, and the agreement is still stamped with the official seal of Jinan Black Horse Fitness Club.
Some members also questioned, saying that they were the fitness cards purchased after the transfer of the Black Horse Bayi Store on April 28, but the membership agreement was still stamped with the official seal of "Jinan Black Horse Fitness Club", in this regard, Che Junru said that he would check to see what was going on. In addition, there are some members to apply for refunds, Che Junru said that at present, he can not meet the demands of members for refunds, members can only transfer to other stores, continue to enjoy services, if members are not satisfied, they can take legal channels or find relevant departments to complain.
Yu Hanzhi, a lawyer at Shandong Huajian Law Firm, said that the agreement signed between members and Black Horse Fitness does not violate the mandatory provisions of the law, is legal and effective, and Black Horse Fitness should strictly perform its obligations in accordance with the principle of good faith. According to the current situation, if Black Horse Fitness cannot continue to perform the agreement, consumers can defend their rights and sue, demanding that Black Horse Fitness refund the service fee and compensate the corresponding liquidated damages in accordance with the contract.
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