Law & Policy: Contract Law
- Wage Issues Halt UConn Facility Construction
by Michael Gaio March 2014
Construction of the University of Connecticut's new $33 million basketball practice facility has been put on hold due to illegal payments to workers by two of the construction companies working on the project.
- Risk Management Audit at Heart of Rope-Climbing Lawsuit
by John T. Wolohan January 2014
In the sports and recreation industry, it is common to hire outside consultants to conduct risk management audits. Typically, these audits involve a site visit to inspect the facility, observe some of the activities or programs taking place in the facility, and interview members and employees of the organization. A review of the organization's policies, procedures and insurance coverage is also conducted. At the end of the visit, a written report — which usually includes a series of recommendations on how the organization can reduce its risks and legal exposure — is provided.
- Sports Venues Facing More Legal Battles Over Captioning
by Kristi Schoepfer-Bochicchio, J.D. December 2013
In September, the National Association for the Deaf filed a lawsuit against the University of Maryland College Park under Title II of the Americans with Disabilities Act (ADA, 1990) and the Rehabilitation Act of 1973 for its "long-standing and continuing failure to provide captioning of announcements and commentary made over the public address systems during athletic events at Byrd Stadium and the Comcast Center." Specifically, the plaintiffs seek court-ordered display captioning on Jumbotrons and scoreboards for announcements made over the PA system.
- Youth Coach Plans Team Party at Hooters, Gets Fired
by Michael Gaio November 2013
Youth coaches get fired for all sorts of reasons. But this be might a new one: Randy Burbach, a middle school football coach in Oregon was fired for choosing to host his team's end-of-season party at Hooters.
- Absence of Non-Compete Agreement Costs Health Club in Lawsuit
by John T. Wolohan October 2013
It happens all the time in business: After working for a company over a long period of time, an employee, believing that he or she can do things better or at least make more money, leaves to start his or her own business.
- Blog: SoulCycle Lawsuit Could Hurt Fitness Industry
by Rob Bishop May 2013
The recently filed class-action lawsuit against the indoor cycling chain SoulCycle for allegedly violating California and New York wage laws could have a huge impact on the health and fitness industry. We're fascinated by it and are watching to see how it progresses. The complaint, filed by a former SoulCycle instructor, claims that SoulCycle instructors - who are paid only for the classes they teach - are "required to work above and beyond the time instructing a class." Their duties include training, preparation, communication with customers, meetings, special-event classes and assisting with marketing.
- A Club’s Termination Fee is Held Void
by John T. Wolohan June 2011
The membership is the lifeblood of any health club. To ensure that clubs remain solvent, their operators must work hard to attract new members and hold onto them. However, since no relationship lasts forever, it is not unusual for clubs to include some type of termination or liquidated damages clause (which spells out what damages a party must pay if he or she breaches a contract) in their membership agreements. The goal of such clauses is to protect the club and ensure a positive cash flow — but as cases such asMau v. L.A. Fitness International [2010 U.S. Dist. LEXIS 119576] show, health clubs must ensure that these clauses are not unfairly punitive.
- A Club's Termination Fee Is Held Void
by John T. Wolohan May 2011
The membership is the lifeblood of any health club. To ensure that clubs remain solvent, their operators must work hard to attract new members and hold onto them.
- AB Conference: Risk Management
by Nicholas Brown December 2010
Sustainability, technology, the troubled economy. These are among the hot topics at this year's Athletic Business Conference & Expo. But year in and year out, a topic that remains one of the biggest draws among the thousands of attendees is risk management.
- Employee or Independent Contractor? Depends On Who Has Control
by John T. Wolohan July 2010
In reviewing whether an employment relationship exists, the real issue for the courts is control.