The news of a hidden camera in the tanning area of an Anytime Fitness facility in New Castle, Indiana, may have ended well—in an arrest, but for the victim and the franchise owner it is a distressful situation.

It is a situation that fitness facilities must be ready to combat in every situation. According to a recent blog at “The case in Indiana unfortunately illustrates the problems alleged voyeurs can create for health clubs and fitness centers. In other examples, a member filed a civil case against Life Time Fitness and an alleged voyeur, a club employee, in Colorado. Last year, a man who videotaped boys in the locker room of a Minnesota YMCA was sentenced to 60 days in jail and two years of probation after pleading guilty.”

Although there are aspects of the recent 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 here.

  • 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.

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