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Reported on Tuesday, February 9, 2010 6:43 PM

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• BBB Rating
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BBB has determined that this business meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.

Based on BBB files, this business has a BBB Rating of B

Click here for an explanation of BBB Ratings.

Reasons for this rating include:
• Number of complaints filed against business

B A C
BAC Express
BAC for Women
Buffalo Athletic Club For Women, Inc.

This company offers A Health/Fitness Club.

1185 Niagara Falls Blvd, Amherst, NY 14226, Erie County
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1235 French Rd., Depew, NY 14043
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3035 Union Rd., Orchard Park, NY 14127, Erie County
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3157 Eggert Rd., Tonawanda, NY 14150
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4687 Transit Rd, Williamsville, NY 14221, Erie County
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480 Evans Street, Sheridan-Evans Plaza, Williamsville, NY 14221, Erie County
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(716) 634-7867
(716) 656-9999
(716) 675-9353
(716) 833-5226
(716) 348-3755
(716) 631-3800
(716) 839-3100
(716) 847-0313 (FAX)
(716) 634-4107 (FAX)
(716) 833-7752 (FAX)

The company's size, volume of business and number of transactions may have a bearing on the number of complaints received by the BBB. The complaints filed against a company may not be as important as the type of complaints, and how the company has handled them. The BBB generally does not pass judgment on the validity of complaints filed.

Number of complaints processed by the BBB
    in the last 36 months: 47
    in the last 12 months: 25

The BBB has no information regarding Government Actions at this time.

The BBB has no information regarding Ad Reviews at this time.

Health Clubs

The following is BBB general information and is not intended as a report on any specific company.

Before choosing a health club, consider these tips:

1. Shop around. Find a club that is convenient for you to access and will meet your needs.
2. Visit a club at the time you would normally be using the facility. This will help you to determine how busy the club will be when you will most likely be using it.
3. Make sure the club offers the type of equipment and/or classes that you desire.
4. Check for cleanliness and properly maintained equipment.
5. Ask about the qualifications of the instructors.
6. Talk to other members. Some clubs may seem intimidating to beginners, so make sure the atmosphere of the club feels comfortable to you.

When you have decided on a club, consider this advice:

1. Check with the Better Business Bureau to find out whether complaints have been filed against the company.
2. Don't be pressured into signing a contract right away; take a copy home and read it carefully.
3. Find out if the contract contains a refund policy. For example, if you move, become disabled or just want to stop using the facility, can you get a refund or get out of your contract? This question is especially important if you choose a long-term membership.
4. Ask if the contract contains a "cooling-off" period.
5. Determine the monthly fees and decide if joining will be a wise investment.
6. Don't be afraid to ask questions. The more you know about what you are about to sign, the better off you will be in the long run.

According to the New York State Attorney General, state law requires that most health clubs post a performance bond to protect their members against breaches of contract. Specifically, the law requires bonds in the following denominations: $50,000 for health clubs that sell contracts for no more than 12 months; $75,000 for health clubs that sell contracts of one to two years; and $150,000 for health clubs that sell contracts of two to three years.

Health clubs with multiple locations are required to post additional amounts up to $200,000; however, clubs that don't offer memberships worth more than $150 are exempted from this requirement. As well, health clubs requiring longer term commitments may be exempt if: monthly dues do not exceed $150; paid-in-full fees are not discounted by more than ten percent; memberships do not exceed one year; and the contract doesn't contain an automatic renewal provision.

New York State Health Club Services Law covers contracts for instruction or training in bodybuilding, exercising, weight reduction and figure development, martial arts (including judo, karate and self-defense), or other types of physical training and contracts for health and sports spas and tennis and racquetball clubs. Specifically, this law provides the following protections:

1. Limits health club contracts to $3,600 per year (excluding tennis and racquet ball facilities) and to terms no longer than 36 months;
2. Provides consumers with a three-day right to cancel the contract after signing;
3. Provides the right to cancel a contract at any time for any of the following reasons: if the health club ceases to offer the services stated in the contract; if the consumer moves 25 miles from any health club operated by the seller; or if upon a doctor's order, the consumer cannot receive the services as stated in the contract because of significant physical disability for a period in excess of six months;
4. Requires health clubs to provide refunds within 15 days of cancellation; and
5. Provides aggrieved consumers the right to sue in small claims court and receive an amount of not more than three times the actual damages plus reasonable attorney's fees.

For more information, contact:

Better Business Bureau Serving Upstate NY
(800) 828-5000* *$5 operator fee
www.upstateny.bbb.org

Federal Trade Commission (FTC)
(877) 382-4357
www.ftc.gov

New York State Attorney General
(800) 771-7755
www.oag.state.ny.us

New York State Department of State
Division of Licensing Services
84 Holland Avenue
Albany, New York 12208
(518) 474-4429
www.dos.state.ny.us

This report is general in nature and is not intended as a reliability report on any company, service or product.


For Internal Use Only:
K04
Updated 7.06

As a matter of policy, the BBB does not endorse any product, service or business.

BBB Reliability Reports are provided solely to assist you in exercising your own best judgment. Information in this BBB Reliability Report is believed reliable, but not guaranteed as to accuracy.

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If you choose to do business with this business, please let the business know that you contacted the BBB for a BBB Reliability Report.

ID: 11661
Report as of: 2/9/2010 6:43 PM

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