In the News

MAN ACCUSED OF HIDING VIDEO CAMERA IN TANNING ROOM

A man accused of hiding a video camera in the tanning room of a local gym will face a bench trial in June.  A fitness center employee found a camera in the tanning room of the facility one day in November and a second camera was found the next day.

The accused – a gym member at the time- was subsequently charged with felony unauthorized videotaping.  His membership was terminated.

In court the accused waived his right to a jury trial, which means he will receive a bench trial in which the judge will make a ruling on his guilt or innocence. Images of at least one adult woman and one adult man were recorded on the video, according to a newspaper report.

A few days after the arrest, a woman captured on the video, filed a class-action lawsuit in County Circuit Court against the fitness center’s parent company and the franchisee of the facility.

The lawsuit contends that the gym did not take steps to ensure the privacy of members and did not notify members that a camera had been found until two days after it had been discovered.

AFS’ INSURANCE EXPERT COMMENTS…

Although there are aspects of this case that are clearly going to be in the hands of the legal system and while it is not possible to prevent every kind of situation that can occur in your business, there are some important insurance lessons in the attached article.

First, make sure your Commercial General Liability insurance coverage includes full policy limits for both Personal & Advertising Injury, as well as, Sexual Abuse and Molestation.

Second, place signage in your restrooms and locker rooms that electronic devices are to be turned off and no recording or photography is permitted.

Finally, it is important to notify both your insurance carrier and your attorney immediately if a breach of privacy does occur and seek their advice as to how best to protect yourself and your members.

Jennifer Lowe
National Accounts Manager
Sports & Fitness Insurance Corporation