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NEED YOUR GUYS HELP!!

I just don't understand... Of course they have waivers, same as if you go as a guest sumwhere.. And I'm sure her guy had to sign it... From what I'm getting, it was more of an ego thing as to why mr Kings trainers qualifications... It just seems crazy to me that after a waiver, w a elderly lady who cannot get out of her wheelchair, who can barely move, how they would go about it like this... I don't even think it was a PT session, I think the PT was her personal friend and wanted to come see what she has been doing... My buddy said he sees the lady at the gym everyday and she's friends w everyone...

I am now finding out that this manager has had to b moved to 3 different gyms bc of complaints about him including sexual harrassment...but is friends w the regional mngr so just moved not fired...
 
She sounds like a potential liability. La Fitness isn't set up for a private rehab facility. Wait till she falls out of her wheel chair because the La Fitness aisle was 1/2 inch too narrow and she sues them. Absofuckinglutely.

I would have wheeled her trouble-making non functioning ass out of my gym - when I owed one.

You don't like this sort of thing guys? Blame the lawyers, they created our obscenely litigious society.

So she got kicked out of the gym because they didn't want to get sued. So she is doing what now? Suing them?

I'd roll her down a hill.

I know you owned a gym, but as a trainer for 20 years I have dealt with liability issues and researched the shit out of stuff like this, including talking to a lawyer that specializes in liability claims (he's a client). I know you are misinformed here.

1. The Americans with Disabilities Act of 1990 completely protects any person in a wheel chair. There is no way any gym could turn someone away because they are disabled, period. Turning someone away for being a wheelchair would be the same as turning them away for being another race, sex, or religion. There have actually been recent additions to the ADA law that apply specifically to gyms.

2. The gym is completely protected from liability by the Physical Therapist's Professional Liability Insurance. Anything the therapist does is covered. Physical Therapists are essentially doctors, and most have a doctoral degree and have completed an internship. Even if the therapist broke a piece of equipment in the gym, it would be covered by their insurance.

Every gym, no matter how big or small they are. Cover their asses with a release form. We've all signed one and probably didn't know it. The form releases them from any law suites and such. Something else sounds funny about why they would kick her out after all this time if in fact she did sign a release form like all the other people in that gym did. I don't know on this one?

Liability waivers are pretty much meaningless, as they do not cover negligence. The most common thing a gym gets sued for is equipment left out on the floor that someone trips on. This is usually the gyms fault, as it is negligent of them to leave equipment lying around. This is straight from the IDEA foundation's lawyers in a seminar I attended.

Also, liability waivers aren't even required anymore in standard gyms, as they fall under the Assumption of Risk law, ie everyone knows you can get hurt while working out. The only time you need a liability waiver for a gym is if you have something unusually like a climbing wall.
 
Agreed, BUT, as I learned in business law, release forms don't really mean much. All they do is really act as a deterrent from potential lawsuits

I can attest to the fact a "release form" is absolutely useless.
 
couple things it should be common knowledge for a large gym chain and that guy could of been better informed. I would assume that the PT is liable for any injuries. maybe the real issue isn't that but that they weren't getting paid on it.


Either way that dude fucked up...talk about bad press
 
Meanwhile... here in Ft Lauderdale just down the street a bit from Boyton Beach, the manager here let his Italian friend (read : Soprano wannabe) regularly show up at the gym with his 3 - not 1, not 2, but 3!! - full grown bull mastiffs.

Not service dogs. Not handicapped trained dogs. Dogs that did nothing but sit around lick their balls and piss in the corners while their owner was "bodybuilding" by doing one leg presses while sitting backwards on the glute press machine and talking nonstop the other times.

This went on for about a month, every single day, until a group of people finally had enough of telling the manager up front that it was inappropriate, dirty, and they were uncomfortable around the dogs, especially when they started wrestling and growling/barking at each other. The manager just laughed it off and made excuses for his friend until they showed up as a group with the deputy sheriff in tow and some lawyers. They claimed they felt threatened by the dogs and the dogs had no tags on them.

Only then did the company take action. By firing the manager and booting that member.
 
It is a LA Fitness policy that you can not have Private Trainers with you...

They sign it, They agree with it and if they don't like it they gtfo


Sorry bro, you are wrong on this one !


Think again, why would they do such a thing ??? unless there are risks involved for them
 
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I know you owned a gym, but as a trainer for 20 years I have dealt with liability issues and researched the shit out of stuff like this, including talking to a lawyer that specializes in liability claims (he's a client). I know you are misinformed here.

1. The Americans with Disabilities Act of 1990 completely protects any person in a wheel chair. There is no way any gym could turn someone away because they are disabled, period. Turning someone away for being a wheelchair would be the same as turning them away for being another race, sex, or religion. There have actually been recent additions to the ADA law that apply specifically to gyms.

2. The gym is completely protected from liability by the Physical Therapist's Professional Liability Insurance. Anything the therapist does is covered. Physical Therapists are essentially doctors, and most have a doctoral degree and have completed an internship. Even if the therapist broke a piece of equipment in the gym, it would be covered by their insurance.

Kal, you made some good points, but not all are 100% correct (in all states). For instance, a gyms insurance policy is NOT going to allow an outside trainer to train somebody regardless of their Professional Liability policy. Their professional liability policy won't cover for property damage 99/100. It's more for if they hurt someone physically. I, however, live in Florida and every state has different insurance laws. Saying that, you could be correct in your state

We've had cases with my customers (I'm an insurance agent) where the lawyers go after every single person down the line. Customer owns a plaza, his tenant has insurance, person slips in their store, everyone gets sued. It's a sad reality we live in today. If they "kicked her out" of the gym for being in a wheelchair, you are 100% correct on the ADA thing. BUT, it seems as if they did what they did due to her own trainer being there. It's a corporate gym that probably has rules that ONLY THEIR TRAINERS can train people. It may have been a misunderstanding and handled very poorly.
 
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I know you owned a gym, but as a trainer for 20 years I have dealt with liability issues and researched the shit out of stuff like this, including talking to a lawyer that specializes in liability claims (he's a client). I know you are misinformed here.

1. The Americans with Disabilities Act of 1990 completely protects any person in a wheel chair. There is no way any gym could turn someone away because they are disabled, period. Turning someone away for being a wheelchair would be the same as turning them away for being another race, sex, or religion. There have actually been recent additions to the ADA law that apply specifically to gyms.

2. The gym is completely protected from liability by the Physical Therapist's Professional Liability Insurance. Anything the therapist does is covered. Physical Therapists are essentially doctors, and most have a doctoral degree and have completed an internship. Even if the therapist broke a piece of equipment in the gym, it would be covered by their insurance.



Liability waivers are pretty much meaningless, as they do not cover negligence. The most common thing a gym gets sued for is equipment left out on the floor that someone trips on. This is usually the gyms fault, as it is negligent of them to leave equipment lying around. This is straight from the IDEA foundation's lawyers in a seminar I attended.

Also, liability waivers aren't even required anymore in standard gyms, as they fall under the Assumption of Risk law, ie everyone knows you can get hurt while working out. The only time you need a liability waiver for a gym is if you have something unusually like a climbing wall.


No way to know if the PT is licensed insured or anything like that AND no way it should be the responsibility of the gym to research that sort of thing anyways.

The PT should just train the woman at the PTs facility.
 
Kal, you made some good points, but not all are 100% correct (in all states). For instance, a gyms insurance policy is NOT going to allow an outside trainer to train somebody regardless of their Professional Liability policy. Their professional liability policy won't cover for property damage 99/100. It's more for if they hurt someone physically. I, however, live in Florida and every state has different insurance laws. Saying that, you could be correct in your state

We've had cases with my customers (I'm an insurance agent) where the lawyers go after every single person down the line. Customer owns a plaza, his tenant has insurance, person slips in their store, everyone gets sued. It's a sad reality we live in today. If they "kicked her out" of the gym for being in a wheelchair, you are 100% correct on the ADA thing. BUT, it seems as if they did what they did due to her own trainer being there. It's a corporate gym that probably has rules that ONLY THEIR TRAINERS can train people. It may have been a misunderstanding and handled very poorly.


EXACTLY! And this is from someone who has owned gyms in NY, NC and FL. Married to an atty and whose father is an atty, not just talked to attys about it ;)
 
I just saw it as a human decency thing... I honestly hav no clu on tha legalties...

Poptart- lmao, no way, mastiffs just chillin in tha weightroom?? ... Where was this at? I actually liv in DT broward rite now...
 
I just saw it as a human decency thing... I honestly hav no clu on tha legalties...

Poptart- lmao, no way, mastiffs just chillin in tha weightroom?? ... Where was this at? I actually liv in DT broward rite now...

oh believe me, that handicapped lady would sue LA fitness if she got injured and knew she had a chance to sue...

one night I was walking in downtown, and saw two cops attacking and tackling an old blind homeless guy to the ground, I started yelling wtf are you guys doing to this man.... " come here for a second son" said the older cop, so I went closer and they showed me all the little baggies of crack and coke that this guy sold, he was distributing.
 
I just saw it as a human decency thing... I honestly hav no clu on tha legalties...

Poptart- lmao, no way, mastiffs just chillin in tha weightroom?? ... Where was this at? I actually liv in DT broward rite now...

I used to bring my Rotty to my gym. He hung out behind the counter with me. No one complained.

And you are right about Human Decency - there really is never an excuse to be rude to a customer, even if they are rude to you.
 
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I just saw it as a human decency thing... I honestly hav no clu on tha legalties...

Poptart- lmao, no way, mastiffs just chillin in tha weightroom?? ... Where was this at? I actually liv in DT broward rite now...


Yes for sure I understand you there for sure about the decency thing. Probably could have been handled in a better way for sure.

I don't know maybe some free personal training sessions for her with their trainers, make her the member of the month. Lots of things but if it went down the way it sounds, her and the PT being ushered out by two LA Fitness employees that doesn't sound or look good for anyone.

You are right Pittbull.
 
This had nothing to do with liability though it had to do with them not allowing outside "trainers" If it was a liability thing the guy is an IDIOT and should have been polite and said "mame I apologize but our insurance policy does not cover physical therapy and legally we can not allot you to train under a physical therapist, due to our insurance not having the ability to cover him if there is an mal practice or incidents happen."

But that is not what he said he said you can use our trainers we do not allow out side trainers and ect. Sounds like fucking greed to me. That is one thing I like about my gym is they have their staff of trainers but allow open trainers to come in and use the gym as they please as long as they have a membership. Honestly what is the difference then him being her work out buddy?

If its physical therapy her insurance is probably covering his costs so my opinion is if the gym can not provide a qualified person to train her that can take her insurance policy then they should be more then accomidating to her out side trainer. It is not like every one is going to go out and get in an accident so they can bring in a trainer. she is one in a million. If your gym is relying on her funds to stay a float then your fucked and i think they actually damaged their revenue there by doing this then they would of if they allowed it.
 
Kal, you made some good points, but not all are 100% correct (in all states). For instance, a gyms insurance policy is NOT going to allow an outside trainer to train somebody regardless of their Professional Liability policy. Their professional liability policy won't cover for property damage 99/100. It's more for if they hurt someone physically. I, however, live in Florida and every state has different insurance laws. Saying that, you could be correct in your state

We've had cases with my customers (I'm an insurance agent) where the lawyers go after every single person down the line. Customer owns a plaza, his tenant has insurance, person slips in their store, everyone gets sued. It's a sad reality we live in today. If they "kicked her out" of the gym for being in a wheelchair, you are 100% correct on the ADA thing. BUT, it seems as if they did what they did due to her own trainer being there. It's a corporate gym that probably has rules that ONLY THEIR TRAINERS can train people. It may have been a misunderstanding and handled very poorly.

A trainer is not a physical therapist. They are totally different. Most personal trainers have BOTH general liability insurance AND professional liability insurance, this is why I made the comment about equipment even being covered.

Because it's a medical professional who regulated by the state, is it completely different than a personal trainer who has zero state or federal regulations. The gym is on the hook for personal trainers because they totally unregulated, unprofessional individuals, legally. A physical therapist is completely different.

Their trainers can't train that person, she doesn't need or want training, it's not training, it's medical treatment.
 
Ive had issues with LAFitness as well. Bunch of greedy assholes!:mad:
 

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