CURVES FOR WOMEN: Business Broker Slams Curves Franchise and Franchisor
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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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?
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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