Law & Policy: Contract Law
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.
Patron's Fall Off Stationary Bike Meets Court's Support of Waiver Protection
by John T. Wolohan December 2009
A patron's fall off a stationary bike meets a court's support of waiver protection for clubs.
How to Write an Effective Waiver
by Jeffery Long May 2009
Five steps to follow in writing a waiver and release agreement for your facility.
Defective Track and Unwanted Repairs Give School Lesson In Contract Law
by John T. Wolohan October 2008
A defective track and repeated unsuccessful repairs give a school district an unwanted lesson in contract law.
City Cries Foul After Teenagers Builds Park On Town Land
by Nicholas Brown September 2008
City officials cry foul after a group of teenagers built a Wiffle ball park on town land.