RAFAEL ORTIZ'S TIMELINE OF BREACH OF AGREEMENTS AND CONTRACTS
Rafael Ortiz demanded I abandon the business thus asking me to break agreements and contracts. - A business cannot be abandoned, many things have to be taken care of to transfer ownership or abandon and close down.
Rafael Ortiz reneged on his Texas Partnership Agreement contract with Nancy Valdez. The Travis County Rafael PT Fitness DBA RPT Fitness Filing and the Texas Secretary of the State Rafael PT Fitness LLP recording.
Rafael Ortiz has been pocketing money from clients since March 18 as far as we are aware. So if you made any payments to him that did not go through Square prior to March 18, 2023, it went straight into his PERSONAL Venmo, Cash App, or any other account that is personally his.
Rafael Ortiz drained and zeroed out our Joint BUSINESS Bank Account belonging to Rafael PT Fitness (Legal General Partnership)
If you need a REFUND for when he breaches his contract with you, or you decided that you only work with ETHICAL providers, please contact Rafael Ortiz, as he has all of the funds in his possession now under a new UNREGISTERED BUSINESS not yet filed with Travis County as of the publication of this notice.
Rafael Ortiz is taking over the JOINT Business Lease at 711 W 38th #F4 Austin TX 78705 by force and intimidation.
Rafael Ortiz is claiming that Nancy Valdez's "unprofessionalism" forced him to "fire" Nancy Valdez. A Legal General Partnership does not give either partner to "fire" either partner. There is absolutely no evidence of "unprofessionalism" on my part, as I uphold my responsibilities, and agreements, and continue to abide by laws, regulations, and agreements.
Rafael Ortiz's true motives by his own admission were simply greed. He had -$112 in his personal bank account and decided taking 100% instead of the agreed 50% of the profits was easier. (Proof of email upon request)
Rafael Ortiz has proven that he does not care for contracts and can easily breach contracts without fear of consequence. IF you are still going to do business with him, I implore you, DEMAND a copy of your contracts. Keep count of ALL Your sessions.
Rafael Ortiz is in the habit of "FORGETTING" to write down or keep track of sessions then asking clients to initial for "Past sessions". We have several client complaints of him not proving the correct amount. A chiropractor client had many instances of this happening to her.
Rafael Ortiz locked partner Nancy Valdez out all business email accounts, bank accounts, Square scheduling and payment/transaction accounts.
Nancy Valdez was the sole account owner of the Square Account using my social and identifying information. When Rafael Ortiz changed the password, customer service was able to restore the account and ownership was reclaimed. The scheduling and payments portion of the account had to be closed and frozen for protection. Since Rafael Ortiz has proven that he is in 'business' for personal greed, I did not want to be liablie for any future fraud and therefore refuse to 'accept payments' and risk personal liability and consequences by his actions. (If Square had not belonged to me, they would not have assisted me.)
Sadly, Rafael PT Fitness, dba RPT Fitness Rafael PT Fitness LLP, will be permanently closed.
I want to thank every single one of our clients for the support through our amazing growth. And I am sorry and mortified that a once trusted partner, Rafael Ortiz, single-handedly destroyed in a matter of hours what we worked hard to build over the past 3 years.
If you decide you no longer want to work with Rafael Ortiz, who is no longer a NASM Certified Personal Trainer (his certification expired in 2022), I can recommend a couple of great trainers and massage therapists in the Austin area.
Everything mentioned here is a fact and I have evidence to support every single statement. New additions will be made as things develop.
Rafael Ortiz aka Dumbbells and Kneads Beware
FURTHER PROOF PROVIDED UPON REQUEST
His "offers" were for me to break my agreement and contract. Proof of emails upon request. His "advisors" are family members who are not attorneys.