Bally Reps Drove Developmentally Disabled Man To Gym, Signed Him Up
Family members of a developmentally disabled 49-year-old man told 6 News in Indianapolis that two men from Bally Total Fitness showed up at the man's apartment, drove him to a Bally location at Pike Plaza, and signed him up to a monthly membership. When the man's family asked Bally to invalidate the agreement, the gym refused.
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)
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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...
Bally's behavior is unconscionable.
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.
Does the fact that the man is developmentally disabled invalidate the contract? I know it has to be decided in court, I can't quite remember the word for it though...
Anyways, stay classy Ballys.
@crymson777: Depending on how disabled he is, he might not have the authority to enter into contracts without a guardian present.
Bully Total Fitness
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?
@Gtmac: One of Bally's "out" clauses is a doctor's note saying you can't work out, in case you get sick or injured. Of course, he absolutely should not have to go to that trouble.
Hey, you can get your money back if you don't see results! I saw it on the commercial!
@SkokieGuy: Your right. They need to start holding people accountable for their actions. If these Bally employees were working their own independent scam they would probably already be behind bars.
This isn't worth jailtime. Maybe a judge can smack them on the head with a spoon like mom used to do.
@SkokieGuy: I don't see a criminal charge here... its not kidnapping, if he went willingly. Larceny by false pretense? Not if a court invalidates the contract. Attempted larceny... its a long shot and I doubt you can get a prosecutor to take the case. Civil damages will suffice.
I feel a golden poo is forthcoming. I LOATHE Bally's. I once signed a contract at one of their gyms, with an addition that when the gym I joined at closed (it was due to be closed), that my membership would transfer to a specific other gym close to me. When the gym closed, they transferred my membership to the farthest one they could and still be within the mile limits of the original contract. Even though there were about a dozen closer gyms available.
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.
What is it about gyms that make their employees and policies so slimy? Is the business just so unprofitable that they can't succeed without screwing people over?
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.
You would of thought when the family showed up they would have known the gig was up and folded! They are so used to stonewalling the regular customers and getting away with it that they couldn't tell the difference!
Being crooks is one thing, but they were really incompetent to let it go this far.
@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.
@henrygates: I really don't know how Planet Fitness can charge $10 a month and not be slimy and do OK. At least I think they aren't.
Assuming the developmentally disabled man was under the guardianship of somebody and couldn't legally give consent to be driven to the gym or to sign the contract: 1) ask the Bally's reps what the gym's legal department thinks and 2) ask the Bally's reps who took the man and drove him over to the gym to sign the contract, or their attorneys, if they know the meaning of the terms: incompetence, duress or kidnapping.
@henrygates: It seems like once any gym signs someone up, that's pretty much all the money they can get out of you until your contract expires. So their profit probably comes from constantly bringing in new blood. If the new blood happens to be retarded and might not understand what they're signing, so much the better for Bally's.
Keep reaching for that brass ring, Bally's.
@fantomesq: What if it was a 9 year old who "willingly" got into a car? That 9 year old can not legally give consent and his or getting into the car without a parent's or guardian's consent could be kidnapping. The article noted the man has a mental level much lower than a 49 year old. He may not have had the ability, mentally or legally, to give consent.
@frank64: Fraud's not slam dunk either. Did they intend to provide the service they promised to? Yes, so its likely not fraud. I agree with the earlier poster who said the behavior was unconscionable but the matter is civil, not criminal.
@damageddude: That is a possibility but the more of an uphill battle the case is to win, the less likely that the DA will prosecute.
I'm an out of shape 23 year old student but I have enough energy and anger from this that I feel like I could floor both of those Ballytards in half a round at the same time.
@damageddude: That's a good point. I wonder if kidnapping laws protect the mentally handicapped in that way...
Just playing devil's advocate here... but in Bally's defense, it's not like the guy was a slobbering retard. From the video, it also appears he was alone and not with some caretaker or guardian when they knocked on his door. So it's easy for us to say they're targetting the mentally challenged when in actuality all they did was knock on some guy's door.
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.)
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.
@jpdanzig: They found him going door to door in a regular old apartment building (not a home or facility of some kind)
I remember it used to be impossible to get out of those three year contracts they would make you sign. I had thought they might have improved their practices since they got their asses sued a bunch of times.. guess not.
My friends keep trying to get me to join a gym despite the fact I lost 100 pounds in the past year without ever setting foot in one. After reading all the stories here on the Consumerist as well as numerous hidden camera investigations by the media. It tells me that I should just stay the hell away from these gyms.
@rewind: And the brainwashing, and the...oh shit. Did I just say that out loud! FORGIVE ME, ALMIGHTY XENU!!!
@Gtmac: If he's really incompetent, he would lack capacity to sign a contract and there's no way the contract would be upheld by a court. That said, Bally's should be dragged over the coals for this. It's wholly unconscionable.
@henrygates: My gym, LA Fitness, is staffed entirly by teenagers who spend their entire shift staring at their phones and stare at you blankly if you ask them a question. All the fans on the cardio balcony are slowly breaking and they refuse to replace them. It's slowly turning into a noisy, stinky jungle up there.
@katstermonster: As punishment, you'll have to jump back into the volcano, where the ghosties from outer space that inhabit you camped out.
@RobertBaron: The point is that they shouldn't have to take off work and pay court fees to get an unreasonable contract removed. Bally should just do it since any human would understand that giving a hard sell to a mentally disabled person is evil.
@MrEvil: There are plenty of exercises you can do at home, if you don't want to go to a gym. Not to mention walking and jogging, easy and free.
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!
well most of the people work at Bally's are borderline retarded too... so I think it kind of equals out.
Hey, if you believe L. Ron, the gym is just what he needs.