How to File a Complaint Against Equinox

Equinox requires members to abide by a terms of use policy that contains a section that discusses how to handle disputes.

“By using the Digital Properties, you and Equinox agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”).  Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org.  If you initiate arbitration, you shall have the choice as between these two arbitration forums; if Equinox initiates arbitration, it shall have the choice as between these two arbitration forums. 

WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE, AND APPLICATION OF THIS ARBITRATION AGREEMENT (SUCH AS “GATEWAY” ISSUES OF ARBITRABILITY, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION) WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.”

Agreeing to a binding arbitration process does not mean you do not have other options, such as knowing how to sue Equinox in small claims court.

Binding arbitration prevents the filing of class action lawsuits. However, you still have the right to file a claim in a small claims court that can deliver a favorable decision. Small claims court fees can take a large chunk out of a monetary award that cannot exceed $10,000. For an incident that caused monetary damages in excess of $10,000, your best legal option is to work with a personal injury attorney who specializes in handling binding arbitration cases.

As the federal government’s consumer advocate, the Consumer Financial Protection Bureau (CFPB) accepts consumer complaints filed against fitness centers such as Equinox. The federal consumer advocacy agency reviews the evidence submitted by consumers to determine whether it should levy a fine and/or rescind the company’s operating license. Equinox has the right to respond to complaints by filed by consumers with the CFPB.

For decades, the Better Business Bureau (BBB) has offered consumers an outlet for filing complaints against businesses. It appears Equinox is not in good standing with the BBB. The BBB has not accredited the fitness center company and it has given Equinox its lowest possible rating of F. More than 90 BBB consumer complaints have been filed against Equinox over the past three years.

Equinox Fitness and Independent Arbitration

Although filing a lawsuit in small claims court leads to a judicial decision, the decision typically does not resolve a consumer dispute. It merely either awards a consumer money or denies a consumer money. Binding arbitration is exactly what it means. A decision rendered by a neutral arbitrator binds both parties to the results of the decision. The binding arbitration process FairShake helps clients go through uses the guidelines established by the American Arbitration Association.

How Does the Arbitration Process Work?

Both parties must agree on an arbitrator to initiate the binding arbitration process. The arbitrator will hear and read evidence presented by your attorney, as well as the legal team representing Equinox Fitness. Your side of the story should include medical documentation that verifies the injuries you suffered, as well as the cost of every diagnostic, treatment, and rehabilitation procedure. You should also present documentation that explains how much money you lost in wages because of the incident at Equinox Fitness.

How Much Does Arbitration Cost?

The terms of use agreement you signed with Equinox Fitness should clearly describe which party is responsible for paying the binding arbitration fee. Equinox might include language that makes members the sole party responsible for paying binding arbitration fees, which are used to pay the arbitrator and the costs of running the judicial proceeding. Your personal injury attorney will read the terms of use to determine who is on the legal hook for paying binding arbitration fees.

Binding arbitration is a legal process that can take months to unfold. However, most of the claims and complaints handled by FairShake take much less time to litigate during the binding arbitration process. Contact one of our representatives today to learn more about how we work with the American Arbitration Association to represent clients that have a claim against Equinox Fitness.