New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
September 16, 2015

James T. Boffetti, Senior Assistant Attorney General
Consumer Protection Bureau
(603) 271-0302

Lebanon, NH Health Club Enters Into Agreement with Attorney General to Resolve Allegations of Unfair or Deceptive Business Practices

Attorney General Joseph A. Foster announces that his office has entered into an Assurance of Discontinuance with David and Lisa Terreri d/b/a Upper Valley Underground, Inc, a cross fit health club formerly located in Lebanon, NH. The Assurance resolves allegations that the health club failed to register with the Attorney General's Consumer Protection Bureau since that health club opened in April, 2011 and offered lifetime memberships in violation of the Health Club Statute, NH RSA 358-I.

Upper Valley Underground closed to its members on May 31, 2015. At the time of closing, the health club owed refunds totaling $5,303.00.

Under the terms of the Assurance, David and Lisa Terreri must issue immediate refunds to its members within 10 days. One member who paid for a lifetime membership will receive a partial refund, with the balance due in monthly payments beginning on or before January 1, 2016. The Terreris have agreed not to own, operate or be affiliated with a health club in New Hampshire for a period of 10 years and have further agreed to pay a suspended civil penalty of $5,000 if they fail to make those monthly restitution payments.

All owners and operators of health clubs and martial arts schools are reminded that they are required to register annually with the Attorney General. Martial Arts School must register under N.H. RSA 358-S. Registration could require securing a bond to protect consumer prepayments. Health club contracts with consumers cannot exceed a term of 12 months. Failure to register and to otherwise comply with both the health club and martial arts statutes could be unfair or deceptive practices under the State's Consumer Protection Act, N.H. RSA 358-A.

Owners or operators with questions about the registration process are urged to call the Consumer Protection Bureau at 603-271-3643.

Consumers with questions or complaints can call the Attorney General's consumer information online at 1-888-468-4454 or file a complaint online at:

New Hampshire Department of Justice
1 Granite Place South | Concord, NH | 03301
Telephone: 603-271-3658