One of the most frequently asked questions a club owner will ask is; “How do I get rid of a problem member?” Let’s see if any of these scenarios apply to your club.
#1. Julie joined The Workout Company last month. Although she was underweight, the medical questionnaire that she signed when she joined the club didn’t indicate any medical problems. Julie trains five days a week. Her workout consists of a vigorous one-hour cardio session on the treadmill followed by a half-hour of weight training and a fifteen-minute sauna. Julie is 5’9” and weighs approximately 105 lbs. Her anorexia is obvious to everyone. Julie is a pleasant girl who doesn’t bother anyone.
#2. Carmine has become one of the most popular members at the World Gym. He is in tremendous condition and is pleasant to everyone in the club. Carmine is also very helpful with his fellow members and offers advice on proper training techniques. Carmine would be perfect if he were a member of your staff. However, he is not and the owner has noticed that his own trainers are not scheduling many appointments whenever Carmine is in the Gym. Carmine is also recommending supplements that are sold out of the trunk of his car and, although the owner can’t prove it, he is certain that Carmine is running his own little personal training business out of the club.
#3. Jimmy has been a member of Gold’s Gym for two years. He works out usually three times a week at the same time of day using the same equipment. Jimmy is friendly to the staff and a little too friendly with your female members. He has not actually assaulted or verbally sexually harassed anyone, but it is obvious that he makes both the male and female members “uncomfortable”. A couple of your female members have complained that Jimmy is staring at them. You have noticed that during Jimmy’s workout timeslots that attendance is deteriorating.
#4. Larry joined the Downtown Fitness Center last year. Everyone knows Larry because of the curious odor that accompanies him wherever he goes. Larry likes one particular workout outfit and once a month he may even wash it. Larry must be allergic to soap and water because it is obvious that he rarely comes in contact with these objects. Larry stinks.
Ah yes, the joys of owning a health club. Whenever I engage in conversation with these club owners and secretly plot how to get rid of the “problem member”, ultimately the discussion involves their exposure to a lawsuit. Some situations, like Julie, the anorexic, can involve discrimination issues which makes the problem that much more difficult to address.
Thankfully, having to deal with the “problem member” situation does not happen that often. My clients tell me that this comes up about once a year. There are several solutions to addressing the problem but the key is that you have to do something. To allow a member to disrupt your facility’s “atmosphere” sends a clear message to your staff and your members that you have no control over your club. We all dislike confrontation, but if you are going to be successful in this business, you have to act quickly. One disruptive member can turn into several and before you know it you have a bunch of morons in your club. At that point, you can start counting the days before you have to close your doors.
The American’s with Disabilities Act (ADA) has provided certain protections for people with disabilities and medical conditions. Therefore, we can’t throw Julie out because she is anorexic. Instead, the owner sat down with Julie and told her that he was concerned about her health. He mentioned that he had noticed she had lost a considerable amount of weight and that her training practices were, in his opinion, dangerous. He suggested that Julie should make an appointment with her physician and inform him of her exercise routine to see if he, the doctor, had any concerns. He was careful not to “require” that she go to the doctor because we would have been violating her rights under the ADA. Julie said that she was fine and that it wasn’t necessary to see a doctor. I had the owner draft a letter to Julie that summarized his recommendation. The club owner also gave Julie some suggestions involving recommended time limits for cardiovascular training and explained that spending time in the sauna, after a vigorous workout session, could be hazardous to anyone’s health. Julie came back to the club but her visits became shorter and less frequent. Eventually, Julie quit coming. However, if Julie were still a member today, there is really nothing more the club owner could do. He has documented his conversations and has a copy of the letter recommending that she go to a doctor. Good job.
Now we can address the situations where we do have control. The first order of business I recommend is that the club should modify or develop a written set of CLUB POLICIES AND GUIDELINES. It is important to establish a written set of rules that outline proper conduct in your club. The policy and guidelines should address everything from racking your weights to proper hygiene. The guidelines will not only lay out the club rules, it will act as a guide for your new members who may not be familiar with proper gym etiquette. In short, it will set the “tone” of your gym. The Club Policies and Guidelines should be handed out to all new members and guests and a stack should be placed next to the check-in counter. This will allow your existing members to pick up a copy when they come in to work out.
By having a written set of guidelines, the club owner now has something to refer to if and when a member is getting out of hand. For example; if your club policy and guidelines states that outside personal trainers conducting business on the premises is prohibited then you can point this out to Carmine, the suspected independent trainer, and make it clear to him that this is club policy.
It is always a good idea to give a warning to a problem member before you decide to toss them out. Depending on the severity of the offense, a friendly verbal warning should be followed by a warning either in writing or in the presence of another manager/owner as witness. If the problem still persists, then it’s three strikes – you’re out. Any blatant violation such as sexual harassment should be dealt with immediately. Of course, some offenses such as fighting, drug usage, and sexual contact need no further warning or second chance. Ask them to leave or call the police. Avoid physical contact at all costs. Unless you are protecting an employee or member from physical harm, you can be charged with assault if physically attempting to toss them out of your club. Get your biggest trainers to simply “escort” them from your facility.
Dealing with Jimmy the sexual predator “wanna-be” was a little easier. The first line of this particular Gold’s Gym’s Club Policies and Guidelines state: “Derogatory remarks or inappropriate behavior involving any staff member or patron will not be tolerated”. This wording not only allowed the club owner to address the problem with the violator, but it also reinforces the atmosphere that the owner wants for his club. The club owner is basically laying the ground rules by declaring, in writing, that moronic behavior will get you kicked out. Interpretation of any inappropriate behavior is at management’s discretion. In Jimmy’s case, the club owner privately took him in the office and asked for Jimmy’s help. The club owner described to Jimmy that one of his main goals for the club included developing an atmosphere that was extremely female friendly. In other words, it was a club that any woman would be comfortable working out in. The club owner went on to say that some of the female membership were complaining that he, Jimmy, seemed to be more interested in what they were doing during their workout than what he was doing. The club owner was careful to point out that they didn’t feel threatened but that it simply was uncomfortable and awkward being stared at. He asked Jimmy to please be aware of what he was doing and try to avoid staring at the members. Jimmy understood. The club owner documented his conversation and put the note in Jimmy’s file. After the problem persisted, the club owner again asked Jimmy to join him in the office, but this time there was another staff member present. The club owner handed Jimmy a written warning that this was his last chance; either stop gawking at the girls, or he would have to leave. After a week passed with no change from Jimmy, the owner handed him a check for the pro-rata unused portion of Jimmy’s membership fee and asked him to leave. Jimmy was verbally abusive but he did leave.
The Club Policy and Guidelines that we supplied to the Downtown Fitness Center came in handy for dealing with “Stinky Larry”. The guidelines stated that “clean work out attire and proper hygiene are required”. Again, the problem was pointed out discretely to Larry and management politely asked him to wear clean clothes and shower before and after his workout. At press time, we don’t know if the problem has continued, but the groundwork has been set for removal if Larry doesn’t clean up his act.
In addition to having a well-written set of Club Policy and Guidelines, it is also recommended that you have “at will” wording in your membership agreement that point out the club’s ability to cancel any membership for any reason. In much the same way that your employee manual deals with the removal of a staff member, you have contractual wording that spells out your rights as a business owner. Each state is slightly different when dealing with discrimination issues, but most will follow federal guidelines. Basically, you can’t remove anyone from your club for reasons of race, religion, gender, or disability. It is also a good idea to consult with a local attorney if you have any doubts at all about whether you will be violating anyone’s rights before you toss them from your club.
To obtain a copy of our latest Club Policy and Guidelines document or our latest waiver form you can call Jennifer Dangar at 800-985-2021 ext3814 or simply visit our web site at www.clubinsurance.com.
