Fighting the Urge

On March 25, a four-year-old boy drowned in the Omni 41 Health & Fitness Connection, Schererville, Ind., pool. By any account, this was a tragic event. As a parent of a four-year-old myself, I can’t imagine the grief his parents must be suffering as they attempt to come to grips with what happened.

However, it appears these victims — the boy and those who grieve him — are not satisfactory. Some people are looking for even more victims.

A few articles were written about the drowning, and many news outlets allow comments on their stories. One commenter, posting in response to the Post-Tribune article about the boy’s death, demands that the identities of the four responsible supervisors and counselors be revealed. One can only imagine the commenter believes these people should be exposed so they can be publicly punished in some way, suffer more than the unimaginable guilt and regret they must already feel.

Like those calling for the greedy AIG employees’ heads, eager to inflict injury in the mistaken belief that it will in some way assuage the pain they feel themselves, this commenter is misguided. He is angry, and he hurts for this boy and for those who mourn him.

I can understand this feeling, this urge to pull others down into our black hole so we do not suffer alone. But now more than ever, while each of us struggles to manage our own challenges and unique wounds, we cannot afford to give in to it.

It’s Business Hours. Do You Know What Your Employees Are Doing?

A weight falls on Joe’s head when his trainer looks away. Mary falls off of the back of the treadmill when the belt skips. LuAnn falls on her tailbone in the locker room because the floor was wet. You’re liable, right? Yup, likely. If you’re going to be sued, it’s likely because a member got hurt.

But, what if it isn’t an injured member who is going to sue? What if it is a competing fitness center? What if it were your employees, right under your nose, day after day, who were saying things that caused your facility to be sued?

The situation goes like this: A prospective member comes through your doors, and she is directed to speak with a salesperson. The prospect says that she has been considering a number of fitness centers in the area, and has narrowed it down to either yours or a competitor’s down the street. To counter interest in your competitor, the salesperson informs the prospect that it’s probably not a good idea to consider the other facility, because it is in financial trouble and likely to soon go out of business. Bingo, the sale is yours! But, since the competitor isn’t really in any financial trouble, has there been any wrong doing in this situation? And, if so, who is liable? The stupid salesperson who said all those things, right? Nope.

You are liable for what your employees do. Always? No. But, in a situation like this, yes. It’s called vicarious liability, which is commonly applied to the employee/employer relationship, according to information on LegalMatch.com. There is also a legal doctrine referred to as “respondeat superior,” which is Latin for “let the superior answer,” which says that an employer is legally responsible for the actions of its employees if the employee is acting within the course and scope of employment. If that salesperson was carrying out company business, which he or she was, then that salesperson is acting on the employer’s behalf.

This situation, although not the exact details I describe above, is real. On Dec. 9, 2008, B&R Family Fitness in Feasterville, Pa. (in Bucks County), filed suit against California-based L.A. Fitness’ Huntington Valley location “for interfering with B&R’s prospective business relationships by disseminating falsehoods to potential B&R clients.” It all began when B&R heard rumors that L.A. Fitness, a neighboring fitness center, was spreading rumors about B&R going bankrupt and closing. B&R hired a private investigator to pose as a potential customer. The investigator claims within the lawsuit that “L.A. Fitness employees attempt to dissuade prospective B&R customers by telling them that B&R has declared bankruptcy, is close to declaring bankruptcy, or is otherwise having significant financial problems.”

But, B&R Family Fitness says it does not have any financial problems, and poses no risk to potential clients. In fact, the facility was voted in 2008 as a “Best in Bucks” Philadelphia Inquirer Readers’ Choice Awards winner. Even if B&R were to go out of business, the business is bonded, and members would be refunded for any time remaining on their membership contracts.

Management at this L.A. Fitness location may or may not have known about what their salepeople were saying. That doesn’t matter. And, L.A. Fitness is a big chain. Did corporate know? Is it corporate policy to train salespeople to defame the competition? Whether or not, it will all end up at the top; corporate will be held responsible if this case if found in the favor of B&R Family Fitness.

So, ask yourself: Do you know what your employees are doing right now? Do you really know?

The Fitness Industry’s Reputation is Far From Good

Despite great strides made in the industry toward better business practices, it is still plagued by a not-so-good reputation because of the bad behavior of dishonest facility owners.

One example is a criminal case that was brought against Club 24 in Santa Maria, Calif. Club 24’s owners, Wilson Marx and Frank Smith, are facing felony and misdemeanor charges for allegedly deducting unauthorized fees from members’ credit cards and bank accounts.

Another fitness center also faces charges over member payments and fees. Pennsylvania Attorney General Tom Corbett sued The East Hills Racquet and Fitness Club, operator of the Edgewood Tennis Fitness Club, because members didn’t get what they paid for. The facility closed abruptly in February, leading to complaints from members who already paid for memberships or tennis court time, but didn’t get refunds.

Yet another fitness center agreed to pay more than $32,000 in fines and restitution after the Pennsylvania Attorney General’s Office received complaints from people who purchased memberships before the facility’s ownership changed, but still had to pay new initiation fees. Planet Fitness, Lancaster, Pa., formerly Lancaster County Racquetball and Fitness Club, agreed to pay the fine to settle allegations that the fitness center failed to honor existing contracts after ownership was transferred.

These examples are not the only ones out there. Many fitness centers still make it quite difficult for members to quit, continuing to charge them for months because they didn’t go through the necessary “hoops.”

Illegal and sneaky (legal or not) business practices need to stop. People already find it difficult to join a fitness center. Knowing that it will also be difficult to leave, or that they will be charged “hidden fees,” will only add to their excuses to not join in the first place. These dishonest business owners hurt fitness centers everywhere, and contribute to the bad reputation that the industry suffers.

AEDs: A No-Brainer, Except at the Large Chains

I must be either overly naive or overly trusting. With the possibility of having a heart attack increasing exponentially after the age of 45, and the number of older adult members in health clubs increasing each year, I just assumed that all fitness facilities now have AEDs. Especially in light of the recent laws passed that 1) require AEDs in most public places, including fitness facilities (knowing that exercise increases the risk of cardiac arrest by a multiple of 20), and 2) release individuals who employ the use of AEDs to assist heart attack victims from liability. But, apparently, my risk of having a heart attack is of no concern to certain health club chain operators. Namely: Bally Total Fitness and 24 Hour Fitness.

At least that’s what the family members of Gary Fowler and Richard Eng found out. The sister of Gary Fowler was kind enough to email me about the ruling in the lawsuit on behalf of Fowler against Bally Total Fitness, which she thought might be of interest to the readers of our magazine and blog. And, no doubt, it will be (if you aren’t already in the know), especially because you won’t want to find your own facility in such a predicament.

First, let’s look at the facts about heart attacks. According to the International Health, Racquet and Sportsclub Association, the majority (or 53 percent) of fitness center members are over the age of 35 (20 percent are over the age of 55). The results of several large studies have concluded that the major risk factor for having a heart attack is age. In fact, if you look at the website Health and Age, you’ll find a chart that shows the results of a 26-year follow-up Framingham Heart Study, which details the sharp increase of heart attack risk after the age of 44. It’s pretty staggering.

And, Bally Total Fitness and 24 Hour Fitness executives know this. But, they have failed to show they care. In November 2005, Fowler collapsed from sudden cardiac arrest and died while exercising at a Bally club in Gaithersburg, Montgomery County, Md. There was no AED on the premises, despite the fact that a Montgomery County ordinance in effect at the time required the installation of AEDs in health clubs. Bally’s attorneys, however, argued that, due to a Home Rule amendment in the town of Gaithersburg, the ordinance did not apply. The judge, James Eagan, disagreed:

“This Court cannot discern any logical reason why Bally would not employ AEDs at its Gaithersburg facilities, considering it was already obligated to deploy AEDs throughout the rest of Montgomery County. Such action on the part of Bally smacks of indifference to the welfare of its patrons. … There is no denying the fact that Bally knew with 100 percent certainty that dozens of its members would suffer heart attacks and die each year, and, instead of pursuing a relatively cheap and easy solution to the problem through the deployment of AEDs at its health facilities, Bally chose to consciously disregard this known risk. That strikes this Court as the very definition of gross negligence.”

And, to show just how blatantly negligent Bally’s decision to not employ AEDs is, a story on Gazette.Net reports that, “This is the sixth case against Bally for failure to have AEDs, and, in at least four of them, Bally settled for confidential amounts.” What I find even more sad is the fact that, according to the report on the Weinberg and Garber website, attorneys for Fowler, “employees did not immediately begin CPR when responding to Mr. Fowler’s collapse; instead, club members, realizing that staff would not do so, performed CPR.”

Weinberg and Garber also acted as co-counsel in the case filed on behalf of Richard Eng, a member of 24 Hour Fitness in the San Francisco area, who suffered cardiac arrest and, due to lack of prompt response, is severely brain damaged and now requires around-the-clock medical care. 24 Hour Fitness failed to have an AED on the premises. And, Weinberg and Garber report that this is despite management’s “knowledge that 20 to 40 of its members were dying of cardiac arrest each year.” What’s worse is that “24 Hour Fitness actually refused an offer, as part of an American Heart Association program, of free AEDs and training in 2001 at its northwest clubs,” says Weinberg and Garber. “The admitted reason: It might have been a basis to argue that all of its clubs should be similarly equipped.” And, even though 24 Hour Fitness requires CPR training of employees, it does not require that employees so trained actually use CPR to help a stricken member.

Again, I may be naive or overly trusting, but I believe, per my conversations with fitness center operators, that most facilities do have AEDs on their premises. But, as a member of a large fitness club chain, if I suffer a heart attack while working out, I won’t hold my breath waiting for help from the staff. Of course, I won’t have to.

Making Sense of Staph

At a recent industry trade show, the FM booth had a prime location: right next to Gojo Industries. People flocked to the booth next door with hands outstretched, eager for a product sample. Guess what were they were selling? No, not beer, though the product does give off a faint whiff of alcohol. Gojo Industries sells hand sanitizer and related accessories.

It’s no wonder fitness facilities are enamored with hand sanitizers. The recent drug-resistant staphylococcus aureus outbreak — and subsequent media freak-out — has shoved fitness centers into the same dark corner as school locker rooms and hospitals. Suddenly, working out in a fitness center — where people, God forbid, sweat — is now perceived as potentially dangerous to their health. Therefore, facility managers are eager to show proactivity and awareness of their members’ concerns — and complimentary hand sanitizers are an easy and relatively inexpensive way to accomplish this.

Unfortunately, the industry’s lack of regulation continues to haunt it. According to an article in the Pittsburgh Tribune-Review, “There aren’t any state-mandated regulations or routine inspections of [fitness] facilities, except for those with pools, spas and hot tubs. … And they’re not required to report staph infections, because most infections are very mild and result in skin irritation.”

Still, no matter how mild a rash may be, if a member thinks they got it at your facility, you’re in trouble.

It’s likely that your facility has measures in place to combat infections of all kinds — and it’s also likely that most of them rely on members doing most of the work. You probably have signs endorsing frequent hand washing, towel requirements or services, and available disinfectant sprays. But, what should members expect from you? What are you doing to show members that you take the staph outbreak — and every disease concern — as seriously as they do?

For more information about Staphylococcus aureus, visit the CDC
website.

Dangerous Trash

Do you like to dig in the trash? Me neither, but if you had some time on your hands, lived in North Texas and didn’t mind the smell, you could have found enough personal information to steal the identities of dozens of people. If you’re in to that sort of thing.

And you’d owe it all to one company: Life Time Fitness Inc.

Life Time Fitness in Fort Worth, Texas, was hit with a lawsuit after investigators found more than 100 records with customers' personal information that were dumped in publicly accessible trash bins in six different North Texas locations.

It seems Life Time Fitness discarded the personal information of people who had discontinued their memberships by simply tossing them in the trash. Nothing was shredded. Nothing was blacked out. No effort was made to protect (or respect) the sensitive information contained on those discarded documents.

Now Life Time Fitness says it intends to work with the Texas Attorney General's office to ensure that members' sensitive personal information is properly protected. Sounds like too little, too late, to me.

What is your club’s process for discarding (or, better yet, destroying) personal information? Identity theft isn’t just the subject of a techno thriller coming to a theater near you. It’s a real concern for people who put their personal information into your hands — whether or not they’re still paying dues.

Making Your Members Feel Safe

In Fort Smith, Ark., in a six-month period, female members of Bodies for Christ fitness studio allege they were sexually assaulted and raped at the facility by James Clayton Solomon. The local newspaper refers to him as a “bodybuilder.”

He is also the club’s owner.

Solomon was arrested twice for his crimes; once on suspicion of two counts of rape, and again for two counts of second-degree sexual assault on two women. All of the alleged crimes were committed at Bodies for Christ.

These women were betrayed on several levels. First, by the club’s name. “Bodies for Christ” implies that the facility is somehow associated with the Christian faith — a belief system which does not advocate sexual assault, the last time I checked.

Second, they were betrayed by Solomon. Instead of providing his members a safe, comfortable place to exercise, he used the club as his own personal hunting ground. He met the women at his club, and he attacked them there.

People have a long list of reasons why they don’t exercise. Money, time, energy and commitment are huge obstacles for potential members to overcome before they sign on the dotted line. The last thing you need is for potential members to add “distrust” and “fear” to that list.

Solomon is clearly the exception to a rule, and his fate lies in the courts. But his actions can have a very negative trickle-down effect on clubs everywhere. It is a club’s responsibility to provide a safe environment to exercise. Are you doing all you can to make members feel safe at your club?

Justice and the Job Hunt

Think back to your last job interview. You were probably asked the standard questions: certifications, professional experience, references, ethnicity, religion.

What’s that? You weren’t asked where you were born, where your parents were born, what religion you are and whether or not you are a Muslim?

Then your name must not be Sukdev Singh Dhaliwal.

Dhaliwal is a Sikh who won $24,000 in damages from Bally Total Fitness when a California judge ruled that the company denied him a job in 2004 on religious and ethnic grounds. He was born and raised in California, but, during the interview, Dhaliwal was asked about his religious and ethnic background, and later denied the job.

According to Wikipedia, a Sikh can be recognized by his turban or beard, or by a steel bracelet on the wrist. That, apparently, was enough to raise a red flag for Bally management, and enough to cause them to ignore this country’s most basic employment rights.

Bally Total Fitness needs to worry about more than its bottom line if its management can look at a man wearing a turban, notice the color of his skin, struggle with the pronunciation of his name – then decide that, based on these factors alone, he is not a candidate for employment.

Is Bally's alone in its discriminatory hiring practices, or is this issue more wide-spread in our industry? If this story shocks you (and especially if it doesn’t), it might be time to look at your own facility’s hiring process and guidelines. Do they follow the law?