FYI: In ragards to alarms. Some of you may not know, but if you ever leave a store and they forget the tag and the alarm sounds at the door. You are allowed to leave. If you’re detained or embarrassed at the alarm and everyone looking at you like a thief, you have grounds for a big lawsuit against the store. They know it but chose to run the risk. Been there done that and won even after a confrontation with a state trooper over the issue. Im tired of people getting embarrassed and pushed around for no reason. [/quote]
Nonsense. And what would the cause of action be? Negligent loss prevention? Defective loss prevention device? LOL. Don’t tell me you’re one of those people that think you have a “big lawsuit” every time you’re inconvienced? You have not “been there done that” because you have had no such lawsuit. And, no such lawsuit would succeed against PF as much as I would like it to. As a business owner, you have a right to establish rules for your business as long as they are not discriminatory (if you’re open to the public; you can be quite discriminatory if you’re a private entity). There is nothing discriminatory about the lunk alarm. They are discouraging conduct they find objectionable. They disclose that fact when you sign up. I can’t believe I had to post something in defense of the lunk alarm. Please shoot me, but your post was weak on law, strong on irrational emotion.
Rationalize this. Someone does not like you at the gym because you’re so much more fit. They sound the loud startling alarm for shits and giggles and you slip and loose form. You get injured. It could be anything. Startled, while maxing out on your personal best, you blow a rotator cuff. Or as in your avatar, you throw out a vertebrate.
I OWN a gym. I know the system. All Private entities rights stop once Discrimination is present. They are discriminating. Say in my private club with a DBA name and a LLC, i have black employees. Can i be quite discriminatory as you mentioned? Why not? Their waiver means nothing unless you went through a through demonstration of what the alarm is, how it sounds and for you to prepare yourself for it’s use AGAINST you. Because it IS there to be used against someone. I’ll bet money they don’t do ANY of that. Any competent Lawyer will get the waiver dismissed, as people truly don’t know what they are signing and it’s not explained or demonstrated to them. That does not stand up to any legalities. Hence oral arguments can make it Invalid. And if they don;t you move to the next judge. Don’t talk down to me about issues you have no idea about as you workout in your garage. Own an actual gym before you talk.
I had a LEASE have a statement that said " Landlord is not responsible for any property liabilities, damages or maintenance ".
I signed it. Knowing it will not stand up in court. Guess what. Sued him. The judge read his lease and Nulled it on THAT statement. He was Forced to pay for his misgivings.
People are generally too sheepish and uninformed to know that many places push the boundaries of what makes for a respectful interaction between the customer and the business. [/quote]
I think you’re incorrectly using the word “discrimination”. PF is not discriminating in an illegal manner, i.e. due to race, creed, nationality, sex or age. They are targeting behavior. Now, if you could show that asian people are setting off the lunk alarm much more frequently, that may be a different story. As for a future lawsuit due to the lunk alarm, I think it would be pretty difficult to prove in court that an injury incurred during a max attempt was due to a loud noise and not because of excessive weight. But hey, that’s what ambulance chasers are for. But, I doubt you’d get a favorable jury make-up.
And please tell me you’re not serious about comparing the word “lunk” and “nigger”. I hope for your sake you don’t truly think those words are even close.
Regardless of the two words and their point and intensity, the focus here is the Labeling of people. Labeling people and then taking an action to call attention to them in a not clearly defined manner as to “why” and Singling them out and threaten expulsion is Discrimination.
This does not fall into the established precedents of what the “traditional” discrimination is about. New discrimination pops up all the time. Their business practices are embarrassing, dehumanizing and discriminatory. They Defame a persons character.
I would have no problems finding a lawyer to take a case like that on. Especially if someone got injured as a result. Even an overweight person against whom the alarm was not used, can startle and trip on a treadmill. It’s a bad business practice.
For the same reasons you can’t startle people in a crowded theater by yelling “FIRE!” It startles people and yes they can stampede and kill others in the process. I know this is a different situation so don;t assume i don’t. Just using it as an example. The Lunk Alarm is a discriminatory term used against guys like me and you. We’re the “Lunk”
And There is a HUGE sign stating “LUNK” referring to you. Your derogatory label is being advertised to the whole gym and they even have a loud siren to draw attention of everyone to YOU, the Lunk. According to the law, it does not matter if the term “lunk” is recognized. And Guido is also an unrecognized term but recently had an uproar over it’s use. That’s all it takes. For someone to get ripped and pursue it. Hell will open up quickly. Especially when you setup press coverage. Press interviews with unhappy members, pump negative publicity and file lawsuits. They’ll dump that alarm before they ever spend a penny litigating.
A more legal less shady way for planet fitness to do their business would be with a verbal announcement reminding of club rules in a general manner and a non startling way.
I get a permit and picket outside their gym with 10-20 people holding up signs as to their practices.