24/7 gyms….and why we don’t recommend them
It can seem a no-brainer to keep your gym accessible at all times – more slots for more people to train when they want, more paying members, etc, but the risks and costs can outweigh any potential rewards. Here are just a few of the considerations:
Overheads:
Having the electricity on for 24 hours rather than a 10-12 hour daily window could amount to doubling bills. At a time when we are seeing huge financial increases, this could offset any monetary financial gains. Intelligent lighting can help here, but there have been instances of lights turning off when people are still for too long and this could create an extra unnecessary hazard.
Noise issues:
Especially if businesses are operating close to residential areas, there are strict controls around noise between the hour of 11pm and 7am. You could find yourselves dealing with noise complaints, vibration complaints and fines. In some cases this could lead to the business being forced to close, or at the very least, relocate.
Planning permission conditions:
If change of use was needed to operate the business initially, it is likely that hours of operation formed part of the decision process. Unless a 24-hour gym formed part of this application, operating this model at a later date could get you into hot water with your local planning department.
Music control:
Ensuring music is played legally can be a minefield at the best of times, but leaving members access to the sound system unsupervised is unwise, both for noise issues as discussed above, but also for ensuring they don’t just pop on their favourite Spotify playlist and post it up on social media.
Health & Safety:
Having a good risk assessment becomes even more crucial if there is any unsupervised activity at all in a gym. This will limit what people can – or should – do. Some exercises/movements should be ‘off-limits’ completely, lifts should be well within capacity, and no new moves or use of new equipment should be allowed. Getting members to stick to that, however, is another problem. Members may well sign to say they will follow these rules, but with an unsupervised model, the necessary controls will not be in place to totally mitigate against this. Vicarious Liability or negligence may also be an issue. Plus the Occupiers’ Liability Act 1957 places a legal obligation on business owners to ensure the wellbeing of all clients and employees at all times, supervised or not. Clearly displayed emergency info is crucial, along with evidence that members have been briefed on such. Record keeping, maintenance schedules, cleaning checklists, and other general housekeeping requirements need to be flawless – business cannot afford to make mistakes or have gaps in these records.
Enhanced waiver:
Just like the Risk Assessment needs to cover unmanned risks, your waiver needs to be even more robust – any individual member risks must be recorded and assessed accordingly. Pregnancy, underlying health conditions (both known and unknown), or disability, can all play a part in how safe a member working out alone may be. And there is always a risk of causing indirect discrimination under the Equality Act 2010.
Enhanced security/security of area:
Frequent key code changes/key return systems create extra business risks regarding the security of the building. Keys could be copied without permission. Key box codes could be inadvertently given out to anyone (or even done on purpose), used by ex-members, maybe by people holding a grudge, etc. This could lead to any insurance being invalidated, particularly if access control is not rigorous and there is a theft.
Fire and First Aid Requirements:
Business should have First Aid and Fire Marshal trained staff on site at all times, which is impossible if there are no staff members present.
Lone working:
Whilst mainly an issue for employees, it is good practice to treat anyone who has the potential to be alone under this heading. Planning for their safety is extremely important. CCTV can be used to monitor the gym, but unless this is going to be surveyed the entire time, the risk of someone being injured and not getting the attention they need in a timely manner is still there. CCTV also needs to be registered and signage displayed in order to be legal. Panic buttons could be installed around the gym, but what if clients can’t reach them? Personal panic alarms could be used, but are only useful if the person in need of assistance is conscious, and the likelihood of a time delay before medical attention is received could be unacceptable and even lead to a negligence claim. Or conversely, these alarms could be frequently falsely triggered by the workout movements themselves and lead to so many false alarms that they become obsolete.
Competency of members:
How to determine which members are safe, and what each can do in an unmanned setting is very difficult. Instructions, signage, inductions, waivers, and clear communications (with records) are all important. Not to mention the drastic contrast of this offering to the the coach-led, group classes that create the community, training ethos, and overall culture of the business model. This alone can have a negative effect on the business. The 24/7 model goes against the small-group, personal training model with constant coaching and support, and could dilute the business mission statement and values.
If something does go wrong, even if claims are brought and are ruled in the gyms favour, the time, stress, staff and customer morale levels, negative press and business intrusions are seldom worth it. A perceived ‘lack of assistance’ from the gym operator and/or instructors can create huge negativity for a business regardless of any failure by clients to abide by advice, guidance and instructions.