The brothers told [6News reporter Rafael] Sanchez that they went to the gym Monday hoping to resolve the issue, but that their requests were rejected by the management at the facility.
[...]
"I'm wondering how more people are they going to do it to? After meeting two young gentlemen yesterday, they don't feel they've done anything wrong," said [brother] Pat Hannon. "They feel it's their right to get America fit."
So there you have it. Bally's wants the developmentally disabled to be physically fit. I don't see how that's a bad thing—we should all take care of our health—but it seems weird to target men and women who, you know, can't drive themselves to the gym they're joining. Maybe the two salesmen who showed up at the apartment—where "no soliciting" signs are posted—should agree to shuttle their new client back and forth whenever he feels like it.
Update: Bally's PR firm just contacted us with the following statement on behalf of the gym:
We regret that this incident occurred and have accordingly addressed the issue with the employees involved. It is common practice that we market our clubs with free trial passes to the local community but it is against our corporate policy to transport anyone to or from our facility. When our management found out about Mr. Hannon's disability, we immediately cancelled his membership and refunded all of his fees.
"Family: Gym Took Advantage Of Man With Disability" [WRTV Indianapolis] (Thanks to Becky!)
(Photo: geocam20000)
Must be a San Diego epidemic then because the machines at the 24 hour fitness I go to in Escondido are almost all broken in some way at this point. They don't even bother to put an out of order sign on them, I think because you can pretty much assume that they're all out of order to at least some degree.
]]>@frank64: Exactly. And if the man functions at such a low level, someone in the family probably has legal guardianship, which precludes the man entering into a contract of any sort without the guardian's consent.
I'mm glad Bally's canceled the contract, but I wouldn't blame the family for suing.
]]>@RobertBaron: You don't think it's reaching to conclude that they targeted him for being disabled just from the headline?
]]>@SacraBos: We need a 'sticky' post for Golden Poo worthy events like this so that when it comes time for nominations stories like this don't get forgotten.
]]>@gStein_has joined the star bandwagon: No, the correct answer would actually be "That's offensive. Find out what we really believe for in a few easy sessions at your local Dianetics center for a nominal fee."
]]>@BytheSea: In addition, if these guys entered his home without consent, there could be charges of "Trespass to Land", and by transporting him without consent, there could be charges of "False Imprisonment". A seasoned lawyer could trump up some good charges on this group.
]]>@Crazytree: LOL,,that was good and thanks for the laugh.
]]>If this story IS true, the contract is void. This is Contracts Law 101. Good grief it can't be more simple.
]]>@gStein_has joined the star bandwagon:
The only misconception about religion that needs to be addressed is the one where people prescribe any amount of validity to them.
Fix that one, and we'll be OK.
]]>@Julia789: Congrats to you!
I hate the gym. But I love to box and bike. I hit the part all year long on the bike (God bless you, Gore-Tex) and have a punching bag in my back yard.
]]>@fantomesq: I have a mentally retarded uncle. He will do almost ANTHING to make another person happy, and to make sure that person isn't angry at him.
He would also be thrilled to sign up for something on his own, even though he's really not mentally capable of doing so. My mother is his legal guardian.
For these people at Bally's to take advantage of a person such as my uncle is reprehensible.
]]>@Crazytree: Doesn't calling the people who work in the gyms "retarded" sort of offend the developmentally disabled? I mean... honestly... a lot of Bally's gym employees are incompetent nincompoops. I can't say the same for most developmentally disabled people I know.
]]>@RobertBaron: Please don't use the word "retard". The truth is that people with developmental disabilities have varying degrees of cognitive impairment, some of which may not be visible. My stepson is pretty high functioning in some ways. But he is impulsive and prone to make bad decisions--especially about money. He also has a speech impediment that makes it sometimes difficult for him to communicate, but which marks him as a vulnerable adult. Nevertheless, we are routinely called upon to cancel contracts and recover money that businesses should have known better than to take from him. Fortunately, once we talk to management, we are usually able to fix the problem. There is no devil's advocate position that is valid here.
]]>I certainly would have contacted Bally's corporate legal department and presented them with that scenario.
]]>My gym is great - it's locally owned, appears to have a fair number of adult, full-time employees, and the facilities are nice, clean and up-to-date. They also make an effort to attract a broad range of people by organizing a weight loss support group, offering a series of over 55 classes, offering beginner versions of many of their other classes, having on-site daycare, and partnering with a physical therapy clinic to allow physical therapy patients use the facility as part of their treatment. There are plenty of young muscle-heads there, but there are lots of other kinds of people too.
]]>It's been a while since I've read a Bally's contract, but the main ways of getting your contract invalidated are:
1) At Bally's sole discretion
2) Due to a move of more than 30 miles resulting in no Bally's center within a certain radius of you, or a Bally's center with different facilities such that they are inferior to the other location's, for instance, a lack of a swimming pool.
When we moved, the lack of a pool is what allowed us to get out of our gym membership.
Hopefully, this matter has been fully resolved, and the contract invalidated.
]]>While hubby has a gym next door to his office, I have a MALL next door to my office building. A mall with PF Chang's, California Pizza Kitchen, Cosi, and a Mexican place. I would rather have a gym! Lunch hours are horribly dangerous for both my wallet and my waistline. Macy's alone, I swear they know me when I walk in...
]]>1) Retaining sufficient continuing membership to keep your monthly earnings above a certain level; or
2) Acquiring new members at a rate equal to the loss of old members.
1) requires actually running a functional business, performing maintenance functions, and caring about the safety, health, and satisfaction of your customers. 2) just requires the hard sell. If you didn't get into the gym business for the love of fitness -- and you probably didn't -- which would you pick?
]]>I've just been doing Pilates and walking. In the winter, since I wont' be able to walk, I bought a Richard Simmons DVD. Should be fun. And of course, skating on weekends.
]]>There are also usually free gyms and swimming at local high school or community colleges, on certain designated days and times for public use by city residents. Check out city services.
If a gym is not for you, it's not for you! I could never stick with the gym, but enjoy walking or running with my dog. Not so much in winter, but the other 3 seasons I do OK. ;-)
My husband uses a gym regularly, it happens to be next door to his office, which helps a lot. He can show up before work, exercise, shower, and go to work without so much as returning to his car. He's lost 40 pounds since he joined a year ago.
Gym works for him, but I just can't stick with it, and don't like it at all! I don't like the atmosphere and the gym bunnies and muscle guys trying to push idiotic nutritional advice when they have no idea what they're talking about. The sale pitches and pushes to upgrade or join classes. I would just rather go for a walk or jog with my dog!
Anyhow, congrats on your new healthier physique. You must feel great!
]]>@Onion_Volcano:Bailiff whack his pp
]]>@skizsrodt: Me 2 lol
]]>This is despicable behavior, even for Bally's. How did they find this poor man, any way? Did they lurk around outside a health facility for the developmentally disabled and follow him home?
Some companies are just plain evil and corrupt to the bone, and from everything I've ever heard, Bally's is one of them.
The FTC should shut them down permanently. Failing that, I would like to see everyone they've ever scammed take them on in a class action suit and sue them for every penny they're worth.
Not every gym chain is so addicted to pernicious business practices.
]]>Now the contract will probably get torn up in a court if he's unable to give informed consent and I suppose the Bally's reps could get in trouble for soliciting (are those really laws or just signs?), but both stories are somewhat disingenious in their titles unless the reps knew the guy was mentally challenged (which isn't really clear from this article or from the news video.)
]]>@Cyberxion101: Thank you, I have been trying to decipher that one for about a month now, I just gave up. but i agree, ballys and it's goons are reprehensible. I am saddened by this and it's implications on our society.
]]>Being crooks is one thing, but they were really incompetent to let it go this far.
]]>@skizsrodt: I am not a lawyer.
]]>It means "I Am Not A Lawyer" ... basically, "here's some legal advice, but I haven't got a clue what i'm talking about" :)
That aside, it doesn't take a lawyer to recognize a person being taken advantage of. If it's not illegal, it SHOULD be.
]]>@FatLynn:
There must be enough holes in that promise to drive/fly a mothership through.
]]>@Gtmac: Ok, i give up, what does IANAL mean?
]]>When I tried to get it resolved, one of the supervisors snarled at me that I should just upgrade my membership and leave them alone. Eventually showed them my copy of the contract and got it resolved, which also required several hours on hold with their corporate office.
Never again. Ever. If they drove me to Bally's, I'd sooner crawl home over broken lemon juice bottles rather than sign a contract with them.
That they did this doesn't not surprise me.
]]>This isn't worth jailtime. Maybe a judge can smack them on the head with a spoon like mom used to do.
]]>When will being an employee stop shielding people from criminal sentences?
Even if this goes to court, worst case is Bally's might pay a fine and the employees might get fired, but am I the only one who thinks this is worthy of jail time for the two men?
]]>Anyways, stay classy Ballys.
]]>IANAL, but I would think it would be no problem to get that contract invalidated by a court based on the man's level of competence to enter into the agreement.
]]>Doesn't the lack of ability to transport himself to the gym automatically invalidate the contract? In addition, there are predation laws that protect the mentally and physically handicapped...which all should lead to some well deserved Bally smackdown...
]]>Hey, if you believe L. Ron, the gym is just what he needs.
]]>