Attorneys live in the world of ”what-if.” Unfortunately, it is the nature of the business. We are required to look at a situation and assume the worst possible scenario. Then, our job is to either prevent that scenario or minimize it’s negative impact. When the worst case scenario hasn’t been considered, that’s called legal exposure. At Gym Lawyers, we work to fill gaps of legal exposure. More often than not, that means talking with gym owners BEFORE there is a problem.
Unfortunately, most gym owners do not live in a world of ”what-if.” And that’s why little agreements that seem like no big deal at the time can turn into a big deal.
It Could Never Happen
One place we see big deals come out of nowhere is in sublease agreements. The gym owner enters a contract with a physical therapist, chiropractor, or personal trainer to offer services at the gym. If we are lucky, this agreement is reduced to writing. We aren’t always that lucky. That’s because the gym owner doesn’t take the time to consider what could happen in this agreement. For example, they don’t think the contractor’s equipment could get damaged, so they don’t mind saying the gym is responsible for damage while it is stored there. Then, worst case scenario happens, a hurricane rolls through and destroys the contractor’s equipment. Now, the gym owner is facing a claim for $20,000.00. Worse yet, the gym owner’s insurance won’t cover it because the gym owner didn’t want to pay for that additional policy. After all, what are the chances?
It Does Happen
Scenarios like this happen. More often than not, we are left delivering the bad news to the gym owner. ”You should have called us before you signed the Agreement,” we have to say.
As busy gym owners, us included, we tend to make split second decisions about what is worth our time and what isn’t. Whenever money is involved, you need to pause for a second and consider what you are agreeing to. If you can’t imagine the worst case scenario, then call us. We are happy to do it for you.
