You must be a Communist, proto. America is less safe because hacks like Caviston is lifting a 20# log with a rounded back while he's talking to someone.
Re: the comments. Are these freaks really bitching about the Army guys? These are the kind of kweers that look at lezzie pron and bitch about the bad pedicures.
In other news, only a week to go to fund Couch's gin tab. Frau Darsh is starting to call people out on the affiliate blog. It's starting to get thick over there.
Jack - we all pay for the negligent acts of others when we buy insurance for anything. Car, homeowners, general liability, it doesn't matter. If you're an affiliate (and I doubt you are), you should understand that looking around for coverage was a challenge and there are many exclusions to the policy. Is your affiliate covered for loss of use of the gym due to a storm? Is it covered for theft by an employee/trainer? What about sexual harassment of a member? Covered for that? What about coverage for libel? What about coverage for telling someone about the Zone Diet?
Then, one day, you have a client that's been training with you for awhile, he's pretty strong, goes hard and fast on the WODs, and you decide to do G.I. Jane (100 burpee-pullups). Not to terrible of a WOD, right? And at the end of the WOD, your client looks pretty good, has no signs of injury, and leaves the gym a happily trained client. You think all is good until the next morning when you get the call that he can't move his arms, he's in extreme pain, and his urine is dark. You tell him to go to the ER and you'll come check on him later. ER then confirms rhabdo and you feel bad about it, but you really weren't sure how that could have happened because no one else in the class got it, his time was within the norm, and he was a solid client.
Since your client then loses 5 days of work, his contractor business got put on hold and he lost a potential client. He's now pissed and decides that you should pay for his injury, lost work time, and lost profit in the job he lost as well. But you didn't do it, right? Or did you?
Scenario #1 -
Your insurance company gets the claim, sees that it's for $25,000, and just decides to go ahead an pay it at a nuisance claim. Then, you get the notice that your coverage is dropped. You have trouble finding other coverage and you can no longer keep your gym open without coverage. You close your doors.
Scenario #2 -
Your insurer decides to litigate the claim, but gets an attorney that can't even pronounce rhabdomyolysis correctly, is a fat pig sitting behind a desk, but he's a good litigator nonetheless. During discovery, the nature of the WOD comes out, but because your attorney (your carrier's attorney) doesn't ask the right questions during the deposition because he doesn't understand CrossFit, rhabdo, and the like, the suing client's attorney wins a huge settlement, or worse, your attorney loses the case at trial on summary judgment or a jury verdict because you looked like the most ignorant, stupid trainer out there.
Again, you get dropped and go out of business. You then realize that the attorney you thought would help you was only interested in what the insurer wanted and he wouldn't listen to you. (a la Mimms case.)
Scenario #3 -
Your client decides to sue you and wants to take you down. But you contact your insurer - the CF risk retention group - and turn the matter over to them. Discovery starts immediately and the suing client's attorney realizes he's in for a fight. Prior to completion of discovery, the suing client's attorney offers a settlement of $50,000. You and your attorney (the RRG attorney) say no. Turns out, your client had been working long hours in 90 degree heat for three straight days (contractor, remember) before working out with you and had done a max-rep bench press contest with his brother-in-law the night before while polishing off a pint of tequila during Cinco de Mayo celebrations. Of course, he didn't tell you about any of this when he came in to train, but those factors contributed significantly to the rhabdo and perhaps the bench pressing incident actually caused the rhabdo, not the GI Jane WOD you had the class do.
Jury finds in favor of the defendant - that's you. You're vindicated and go back to your gym to do the 6 pm class. And the next week, your carrier (CF RRG) sends you your renewal notice.
Which scenario do you want to find yourself in? This isn't a scare tactic. This isn't a joke about CF finding insurance. This isn't collectivism. It's reality. We've got a long way to go to get to capitalization by 5/15. Do I think it will happen? Unfortunately, I don't think it will. Unless the buy in for the RRG is made a part of affiliation fees, I just don't think the 80% of the affiliates out there will understand the seriousness of this. I really hope I'm wrong.
Comment #5 - Posted by: Steve- CF Ocean City at May 8, 2009 3:20 AM
). The video shows kids doing the workout. They are supervised by trainers, instructed in the technique, and corrected on form throughout the workout. There is no yelling, cursing, or puking. That, folks, is now the standard of care for @F workouts.
