Club Insider

About Paul R. Bedard, Esquire

Paul R. Bedard, EsquirePaul R. Bedard, Esquire

Paul R. Bedard, Esquire, has nearly twenty years of management, leadership and operations experience in the health and fitness industry. As a practicing attorney, Paul's health and fitness industry experience provides him with a unique perspective when advising health clubs regarding employee training, handbooks, policies, contracts, disputes or premises liability claims. When not practicing law or spending quality time with his wife and daughters, Paul strives to be active in his local community. Paul has served as the Assistant Town Attorney for the Town of Southington, Connecticut. He has also served on the Southington Zoning Board of Appeals and the Board of the Central Connecticut Regional Planning Agency. Paul is a solo practitioner at The Law Office of Paul Bedard, LLC, in Southington, Connecticut.

Phone: (860) 414 - 0110
Email: AttorneyPaulBedard@gmail.com


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"Insider Speaks"
Transgender Legal Considerations for Health Club Operators

March 2016 - If a transgender individual requests access to the locker room within your club that corresponds with their gender identity, how do you or your front line staff respond? This question, like most, is one that is best answered with the benefit of advance preparation. This requires the proactive formulation of a policy that complies with your specific jurisdictional requirements and the thorough training of your employees in this regard. Once enacted, your policy should be included within your employee training materials and within your membership agreement. Read Article...

Age Discrimination in the Workplace
January 2019 - Charges of age discrimination represent a significant portion of complaints filed alleging workplace discrimination. Age discrimination occurs when an employer treats an applicant or employee less favorably based upon the person's age. According to AARP, the following statistics apply to workers between the ages of 45 and 74... Read Article...

Annual Risk Management Assessment
January 2023 - Each New Year should serve as a reminder to assess your club's potential legal exposure and the effectiveness of your risk management efforts. Premises liability claims, medical emergencies, employment disputes and COVID-related operational concerns typically constitute the bulk of the potential legal exposure for most health clubs. The following information will summarize these primary legal risks. Preparing for these legal risks has been covered in greater detail within prior editions of Club Insider, along with various topics within the realm of risk management. Read Article...

Attorney Files $10M Lawsuit Against Health Club Alleging False Claim of Lewd Behavior
December 2019 - A lawsuit filed earlier this year by a former partner of a large law firm whose health club membership was terminated for alleged misconduct highlights the duties owed to our members and guests. Reviewing this suit also provides an opportunity to recap some of the best practices that should be applied when having to suspend or terminate someone's membership or guest privileges. The plaintiff, Richard Hammond, filed a lawsuit in New York against Equinox, asserting claims of defamation, negligence, gross negligence, breach of contract, breach of the covenant of good faith and fair dealing, negligent infliction of emotional distress, as well as negligent hiring, supervision and training. Read Article...

California Liability Waiver Upheld by Court and
Lessons to Take from Case

August 2022 - Health clubs must regularly defend against various types of legal claims. A well-designed risk management strategy can greatly reduce a club's legal exposure. One of the most fundamental and effective tools within the risk management toolbox is a well-drafted liability waiver. Although the enforceability of these waivers varies across jurisdictions, a California Court recently upheld a health club liability waiver. The court's written opinion provides takeaways for other health clubs in this regard. Read Article...

Club Legal Considerations for the New Year
January 2015 - Given the effort required to create a financially successful health club, it is imperative to protect your business by minimizing your legal risk. Potential legal issues, like sales objections, are best addressed by acting preemptively. The first quarter of each new year is as good a time as any to take stock of your preparedness for the legal hazards that lurk within our industry. This article has been produced by request of Club Insider Publisher, Norm Cates, to help club owners and operators focus on important legal matters for their clubs and deal with them appropriately. Read Article...

Complying With the Telephone Consumer Protection Act and Avoiding TCPA Lawsuits
July 2018 - Congress passed the Telephone Consumer Protection Act (TCPA) in 1991. The TCPA was subsequently signed into law by President George H. W. Bush as Pubic Law 102-243. This law was designed to limit telephone solicitations, including those involving automated dialing systems, fax machines, artificial or pre-recorded messages and text messages during a time when telephone landlines were the predominant form of communication and when many consumers were being exposed to unsolicited calls from telemarketers at nearly all hours of the day and night. Read Article...

Connecticut Supreme Court Rules
Women-Only Gym Areas Violate State Law

April 2022 - Health clubs, like hotels, restaurants, banks and other places generally open to the public, are legally classified as places of public accommodation. Title II of the Civil Rights Act of 1964 bans discrimination based on race, color, religion or national origin in places of public accommodation. In addition to this Federal law, most States have nondiscrimination laws that offer expanded protection to added designated classes. Although these protections vary by state, these additionally protected classes may include marital status, sexual orientation, gender identity, age, veteran status, military status and pregnancy/childbirth status. Read Article...

Coronavirus Legal Considerations for Health Clubs
April 2020 - The Coronavirus has disrupted health club operations in unprecedented fashion. As of this writing, whether by legal mandate or out of an abundance of caution, many clubs across the country are temporarily closed. These clubs are grappling with issues, including but not limited to maximizing liquidity during closure, retaining members and employees, monitoring and ensuring compliance with the evolving laws governing this pandemic and forecasting what will be required when resuming "normal" operations. Read Article...

COVID-19 and Business Interruption Insurance Claims & Challenges
December 2020 - Most health clubs carry business interruption insurance. However, when the business interruption is related to COVID-19, there is often a lack of insurance coverage. This tends to be in stark contrast to the policyholder's underlying belief that coverage is sufficient. Many policyholders have therefore had to debate policy language with their insurance providers while also analyzing any applicable exclusions when attempting to establish coverage. Read Article...

COVID-19 Waiver Considerations
September 2020 - As health clubs continue to operate with a focus on minimizing the COVID-19 health risks posed to members, guests and employees, many clubs have implemented COVID-19 waivers --or are otherwise deliberating the employment of these waivers-- as part of their overall COVID-19 response. However, care must be taken to evaluate the enforceability of these waivers while weighing any negative ramifications associated with their use. More importantly, clubs must first focus on the policies and procedures that must be implemented to keep people safe, which will likely also result in the ability to defeat a negligence claim based on COVID-19 exposure. Read Article...

Data Breach Protection and Actions to Take Should One Occur
March 2018 - Not that long ago, nearly all health club membership agreements and other club forms were in paper form. These paper agreements and forms required physical safekeeping to guard against unauthorized access to information. However, health clubs have continued to embrace advances in technology, and the industry has largely moved to paperless operations. Nowadays, signing up new members and handling in-club purchases rarely requires putting pen to paper. Yet, as the industry becomes more reliant on digital information and technology, the risk of members' payment card information and personally identifiable information becoming compromised is omnipresent. Read Article...

Defamatory Social Media Reviews
April 2018 - It takes time and effort for any business to establish and maintain a positive reputation. Whether a health club is creating raving fans or blatantly mistreating their customers, social media review sites allow users to quickly spread the word. Although much of what can be found on these sites tends to genuinely inform consumers and validate those health clubs that provide outstanding products and services, reviewers can easily post distorted or even blatantly false reviews resulting in damaging and unwarranted reputational harm. When an intentionally false and damaging social media review is posted, this may give rise to a defamation claim. Read Article...

Federal Court Strikes Down Final Rule
September 2017 - In last September's issue of Club Insider, I wrote about the Fair Labor Standards Act's (FLSA) Final Rule: impending legislation that was, at that time, scheduled to take effect on December 1, 2016. Last September's article focused on how health club owners and operators could prepare for this significant new legislation. However, in November of 2016, Judge Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas stalled this legislation when he issued a preliminary injunction. Following this injunction, the Department of Labor (DOL) promptly filed an appeal, and the Fifth Circuit Court of appeals is scheduled to hear oral arguments later this year. In the meantime, business owners and operators have been left in a state of limbo on this issue. Read Article...

Health Club Employee Non-Compete Agreements
March 2015 - It's no secret that most health clubs initially lose money. It typically takes months, and in some cases, years to painstakingly build a large enough membership base to turn a profit. As this membership base and the club's resulting goodwill are established, club owners and operators naturally pay close attention to member retention. Read Article...

How Health Clubs Can Fulfill Their Legal Duties Owed to Members, Guests and Employees While Re-Opening During the COVID-19 Pandemic
May 2020 - Health clubs have always owed a duty of reasonable care to their members and guests, protecting these people from harm caused by reasonably foreseeable risks and warning these people of risks that are known or reasonably should be known by the club. Clubs must also provide a safe workplace for their employees. Although most premises liability claims have historically involved slippery floors, uneven surfaces and malfunctioning equipment, the advent of COVID-19 has made it likely that lawsuits alleging exposure to COVID-19 will likely join the top of the ranks. Read Article...

How to Address Problematic Members and Guests While Minimizing Legal Risk and Damage to Your Brand
December 2018 - The typical health club sees tens of thousands of individual customer visits in any given month. Although most members and guests will visit a health club without issue, human nature, combined with the sheer volume of human interaction associated with these visits, dictates that there will inevitably be members and guests whose usage creates problems within the club. Like anything else in life, taking a proactive approach to anticipate the various types of issues that will arise is far more effective than impulsively reacting to problems as they present themselves. Read Article...

How to Maximize the Enforceability of Your Membership Agreement
October 2017 - The repeated and ongoing execution of membership agreements is obviously pivotal to the success of any health club. However, a signed membership agreement is not necessarily synonymous with an enforceable agreement. Moreover, a membership agreement that is in violation of your applicable laws will not only render the agreement unenforceable, it may also prove to be a financial liability. However, by understanding the laws as they apply to your business and by practicing sound sales and trade practices, you can maximize the enforceability of your membership agreement. Read Article...

Key Components of an Effective Compliance Program
August 2017 - Policies and procedures, including but not limited to those prohibiting sexual harassment and discrimination, or those detailing how to respond to sudden emergencies or handle issues of confidentiality, are ultimately useless if they cannot be consistently complied with. Whatever the policy or procedure, an effective compliance program will help to ensure that theory translates into practice. An effective compliance program requires clearly articulated written policies and procedures, designated oversight, ongoing education and training, internal auditing and monitoring, reporting mechanisms, active enforcement and discipline and demonstrated response and prevention. Read Article...

Lawsuit Involving Transgender Locker Room Policy Can Go to Trial
May 2019 - The lawsuit against Planet Fitness involving their transgender locker room policy has been given the green light to go to trial. As part of what has been a lengthy matter of litigation spanning all levels of Michigan's courts, Planet Fitness went to the Michigan Supreme Court and applied for leave to appeal from the July of 2018 Court of Appeals Order allowing the case to be tried. On April 2nd, Michigan's highest court declared that it would not intervene. The decision of the Court of Appeals will stand. Read Article...

Lawsuit Stemming From Transgender Locker Room Policy Revived
August 2018 - The Michigan Court of Appeals recently ruled that a lawsuit against Planet Fitness will move forward and be sent back to trial court due to the gym's violation of the Michigan Consumer Protection Act (MCPA). Although the lawsuit originated from a complaint regarding Planet Fitness' transgender-friendly locker room policy, the Court's analysis of the MCPA provides broader insight into how one court interpreted a consumer protection statute and its applicability to a health club membership agreement. Read Article...

Legal Considerations for Mandating COVID-19 Vaccines in the Workplace
June 2021 - Widespread vaccine availability is one of the drivers behind the reopening of the doors of the fitness industry. However, legal considerations arise when considering whether to mandate vaccines within the workplace. Although health clubs will have to determine whether they should require proof of vaccines from their customers and the legality of this within their jurisdiction, the following article will focus on the key considerations surrounding the mandating of employee COVID-19 vaccinations. Read Article...

Legal Considerations for Mandating Face Masks for Employees
September 2021 - State and local governments are increasingly mandating the use of face masks within indoor public spaces. In the absence of legal mandates, many private businesses are nonetheless requiring that employees wear a face mask within the workplace. Whether legally mandated or voluntarily enacted, employers that implement a face mask requirement should maintain a face mask policy that is clear and consistently enforced to mitigate any potential legal issues. The Centers for Disease Control (CDC) regularly updates its guidance and recommendations regarding the use of face masks. Although the CDC's guidance is advisory and not mandatory, many states, counties and municipalities impose and update restrictions in response to this guidance. Read Article...

Legal Ramifications When a Member or Guest Suffers From an Eating Disorder
November 2017 - Eating disorders are life-threatening for many, and these dangerous health conditions are far more complex than most people realize. In a briefing paper published by IHRSA entitled, Eating Disorders, Dr. Ron Thompson of the Bloomington Center for Counseling and Human Development described eating disorders as, "not simply disorders of eating; they are mental disorders that manifest themselves in a variety of eating and weight-related symptoms. They are potentially life-threatening disorders with multiple determinants and serve multiple functions and purposes for the affected individual." The most common eating disorders are anorexia nervosa, bulimia nervosa and binge-eating disorder. Read Article...

Locker Room Legal Issues
February 2018 - Although most people view a locker room as simply an essential health club amenity, various legal issues involving personal privacy, safety and even potentially illegal discrimination originate from locker room usage and related policies. Whether trying to protect members and guests from voyeurism, the theft of personal belongings or to avoid maintaining a locker room usage policy that may be deemed illegally discriminatory, it pays for health club owners and operators to proactively address these issues. Read Article...

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