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  • Spas, Health & Wellness
  • Five Crucial Hotel Fitness Center Liability Issues

  • Hotel fitness centers, regardless of their location, have a universal obligation to provide guests with a safe, healthy workout environment. Whether the hotel invests in the gym as a guest perk or a profit center is of little concern - the facility operations should focus around the concept of risk management.

    Hotels are no strangers when it comes to liability risks. Guests are met with rules and regulations, waivers and releases to sign upon check-in all put in place to protect the hotel from risk of a potential lawsuit. Staff members are trained to constantly be on the lookout for risks throughout the facility and either take steps to eliminate the risk or inform management.

    The typical health club hosts a litany of liability risks. Whether through user error or negligence on the part of the facility there are inherent risks associated with the activity of exercising. Contraindications associated with members pre-existing health conditions, often left undiagnosed, can lead to life-threatening emergencies. The act of exercising in itself places the body under extreme loads and compromising positions that can result in injury from improper instruction or equipment failure.

    Although hotel gyms do not produce nearly the same amount of foot traffic as a ...

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Hotel Business Review Spas, Health & Wellness

Gayle Bulls Dixon
Peter Anderson
Judith Jackson
Melinda Minton
Paula J. Azevedo
Elaine Fenard
Peter McAlpine
Jacqueline Clarke
Coming up in December 2020...

Hotel Law: Protecting Guest Privacy

Every business is obligated to protect their customers from identity theft but unfortunately, data breaches have become all too common. In an effort to protect a guest's right to privacy and to safeguard their personal data, the European Union passed a General Data Protection Regulation (GDPR) that could hold hotels legally liable for any breaches that expose a customer's sensitive personal information. Though the GDPR only pertains to EU citizens' data, any international business that mishandles their data can be legally responsible. Another legal issue of concern is the fight involving hotel "resort fees." Several states attorney generals have recently filed suit against two major hotel chains in an effort to litigate this practice. Their suit alleges that these companies are "engaged in deceptive and misleading pricing practices and their failure to disclose fees is in violation of consumer protection laws." The suit seeks to force the hotel chains to advertise the true price of their hotel rooms. There are several other legal issues that the industry is being forced to address. Sexual harassment prevention in the workplace is still top of mind for hotel employers-particularly in New York and California, which now statutorily require harassment training. Hotels and motels in California will also soon be required to train all their employees on human trafficking awareness. Immigration issues are also of major concern to hotel employers, especially in the midst of a severe labor shortage. The government is issuing fewer H2B visas for low-skilled workers, as well as J-1 visas for temporary workers. Though there is little hope for any comprehensive immigration reform, hotel lobbying groups are actively seeking legal remedies to alleviate this problem. These are just a few of the critical issues that the December issue of the Hotel Business Review will examine in the area of hotel law.