Case 359 – Existing users of a gym must undertake fee-paying induction


Enquirer lives in an apartment block that has its own gym. A new fitness firm has taken over the running of the gym and has sent a legal document to all owners and residents stating that it is a requirement under health and safety regulations that all users of the facility have to undertake the firm’s fee paying induction programme or they are not allowed to use the gym. When the enquirer challenged the “requirements” he was told it was designed to protect them from being sued.

Panel opinion

“Health and safety regulations” do not require users to undertake induction training on gym equipment. While it is useful for new users, insisting that existing customers pay for induction training on equipment they are already familiar with is excessive. This appears to be about a fear of being sued rather than a decision based on real health and safety risks. The company should be honest about the reasons for insisting on the training rather than using “health and safety regulations” as an excuse.

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