T Nation

Legal Situation ?

I’ve been a registered user of T-Nation for quite awhile. Everyday as a routine I read through the items on the home page and then follow through threads that interest me. I find the information of both the authors and user community to be of excellent caliber.

Although I have never posted to any forums or interacted with any members I thought today would be a good day to start. As T-Nation is a intelligent athletic community that would understand the following problem and perhaps dispense advice or feedback to help me deal with this.

Hear Goes…

My membership was recently canceled by Ballys…the reason…apparently members complained that every time I would work out a prominent odor (Fish)would be apparent and I was not maintaining my personal Hygiene which may be dangerous or effect the ability of other to work out.

I spoke with the manager and they would not reinstate my membership.

I feel this is discriminatory as my personal hygiene is maintained and the smell apparently only occurs when I work out earlier in the day after eating tuna or salmon or Fish oil caps before hand. I also sometimes do a double session and the crew and members at this other Ballys location never ever received complaints about this.

The problem also seems to be reported by the same individuals all the time. Perhaps they don’t like the way I train. Heavy Dead lifts, Squats, Dips, Pull ups, rows…and primarily use the power rack during my session to perform these exercises. But I digress…

I’m a self employed Technical Consultant. My appearance and hygiene is very important to me, I interact with clients from all sectors and have never offended or lost clients because of this.

Do you think I have a case against Ballys, has anyone ever felt discriminated or left the club voluntary or otherwise for similar reasons.

I joined Ballys as this club is one of two gyms in the area that actually has a full power rack plus it has multiple locations which makes it easy for me to work out when I go to various clients.

Stay off the leg abductor machine.

[quote]HugeMutha wrote:
Stay off the leg abductor machine.[/quote]

Great advice…I’ll note it

You’ve been slandered.

Personal hygeine has nothing to do with smell, otherwise every man who forgot to put on deoderant before leg day would have thier memberships revoked.

Fight it, you didn’t break the terms of the contract under any means, they have no reason to cancel it without at least refunding whatever fees you’ve probably prepaid.

[quote]Houshin Akai wrote:
You’ve been slandered.

Personal hygeine has nothing to do with smell, otherwise every man who forgot to put on deoderant before leg day would have thier memberships revoked.

Fight it, you didn’t break the terms of the contract under any means, they have no reason to cancel it without at least refunding whatever fees you’ve probably prepaid.[/quote]

I intend on fighting this BS…never thought about slander…they are going to credit me for 2 days…basically the effective date to the EOM.

I would just let it go.

You’re best argument would be breach of contract. However, even assuming they did breach the contract–which probably will be arguable depending on how liberal a termination clause Bally’s has–you’ll have essentially no damages. At best, you’ll just be entitled to whatever you paid.

In terms of slander, they’d probably have a viable defense of truth (your post indicates that it is possible you smell fishy) or opinion (in that smell is somewhat subjective).

Anyway, the bottom line is that the time and money involved in fighting this makes it not worth fighting legally.

Anyway, the bottom line is that the time and money involved in fighting this makes it not worth fighting legally. [/quote]

Plus, it may be a little embarrasing to go to court over smelling like fish.

[quote]thompssf wrote:
I would just let it go.

You’re best argument would be breach of contract. However, even assuming they did breach the contract–which probably will be arguable depending on how liberal a termination clause Bally’s has–you’ll have essentially no damages. At best, you’ll just be entitled to whatever you paid.

In terms of slander, they’d probably have a viable defense of truth (your post indicates that it is possible you smell fishy) or opinion (in that smell is somewhat subjective).

Anyway, the bottom line is that the time and money involved in fighting this makes it not worth fighting legally. [/quote]

Thanks, I agree wholely with your views.

I’ve contacted the BAR association in Massachusetts and they agree that this case would be one of “Contract Breach” unless a unknown medical condition is identified in which the case would fall under ADA rules. The MASS Bar offers a referral program that allows me to consult with a civil attorney for a flat $25.

Personally I feel alienated and offended and Bally’s accusations. I would be asking Ballys for membership re-instatement and a then set a timeline for which I can identify the problem medical or not at which point a mutual decision could be reached.

Beyond that, as you mentioned this would cost both time and money…but it may be worth the small price for a professional review especially in light of other pending legal ADA and Contract suits against Ballys.

[quote]sdferreira wrote:
[bla][/quote]

Scores have sued Bally’s just to terminate their membership.
You should dispense advice. Start a brand: Ferreira’s Own bally repellant odor.

Charge 20 sticks a pop, and they’ll still make out with over a hundred bucks in savings. You’ve got yourself a guaranteed business.

If they violated the terms of the contract over your smell, I’d say something fishy is amiss.
That said, you know the source of the smell. Take personal responsibility. Save the first for after the workout.

Go in there to start a new membership, but cross out the name on your pieces of identification, replace with “Gary Pinkerton.” Wear the fake moustache with Groucho glasses. You’ll pass right under their radar. Good luck!

[quote]diesel25 wrote:
sdferreira wrote:
[bla]

Scores have sued Bally’s just to terminate their membership.
You should dispense advice. Start a brand: Ferreira’s Own bally repellant odor.

Charge 20 sticks a pop, and they’ll still make out with over a hundred bucks in savings. You’ve got yourself a guaranteed business.[/quote]

Great Idea, I could use the cash…

[quote]Mr. Clean & Jerk wrote:
If they violated the terms of the contract over your smell, I’d say something fishy is amiss.
That said, you know the source of the smell. Take personal responsibility. Save the first for after the workout.

Go in there to start a new membership, but cross out the name on your pieces of identification, replace with “Gary Pinkerton.” Wear the fake moustache with Groucho glasses. You’ll pass right under their radar. Good luck![/quote]

I think Gary Pinkerton is already a member…A beard and Glasses might work …Thanks

[quote]Mr. Clean & Jerk wrote:
That said, you know the source of the smell. Take personal responsibility. Save the first for after the workout.[/quote]

Seriously. Why should anyone at Bally’s have to deal with that smell repeatedly?

I mean, daily salmon and/or tuna and megadoses of fish oil aren’t exactly unusual around here, but your situation certainly is.

[quote]chillain wrote:
Mr. Clean & Jerk wrote:
That said, you know the source of the smell. Take personal responsibility. Save the first for after the workout.

Seriously. Why should anyone at Bally’s have to deal with that smell repeatedly?

I mean, daily salmon and/or tuna and megadoses of fish oil aren’t exactly unusual around here, but your situation certainly is.

[/quote]

To be clear, the odor was not persistent and only was reported a couple of times but never noted. The reports were usually the same members who made it obvious…by uttering comments and putting shirts up over their noses etc… Meantime, I’ve been training at smaller gym locally no complaints or comments from members.

I did make an appointment with a GI specialist to see if there is a medical condition (TMG) or just the complication of a recent stomach virus I had.

This is peculiar. Maybe you’re overdosing on fish oil? Are there other gyms that you could join? Most people on here hate Bally’s to begin with. My advice is to get a refund on your membership and move on to someplace else.

Don’t clog up the court system with a silly case like this when it’s really just to make you feel better about yourself. Shit happens. Deal with it as expeditiously as possible and get on with your life. I hate to sound harsh, but this country is litigious enough as it is.

DB

Bally’s is usally a membership mill for nebies. Can’t believe the Corp HQ would condone this?

A business will be losing money if they go to court, they’d rather settle for the membership fees than go to court.