BALANCING ACT

A win-win situation for sport and law

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Manhattan Fitness Clubs and LGP have maintained a cooperation with benefits for both sides for many years: LGP provides the company with advice and support in all legal matters. In return, LGP employees are offered the opportunity of balancing out their demanding office routine with some training and exercise.

Highly qualified, experienced trainers take care of members individually at the Manhattan Fitness Clubs and develop bespoke exercise programmes for them. On a total area of 18,000 m2, the two Manhattan Clubs in Vienna and Brunn am Gebirge offer free weight areas, guided equipment for all muscle groups and numerous concept rooms, such as the new Manhattan Box Lounge. The cardio areas also leave nothing to be desired: all the state-of-the-art endurance machines are equipped with integrated TV, Netflix and social media. Anyone in need of more motivation is sure to find the right workout among the many group classes led by instructors. Relaxing and regenerating in the spacious spa area after a workout is almost a must at Manhattan Fitness Clubs, with the range encompassing everything from a massage and a sauna to a place to relax on the sunny roof terrace at Club Wien or the sun garden at Club Brunn. If you want to get in shape and enjoy a relaxed, friendly atmosphere at the same time, Manhattan is the place to be.

LGP staff are not only challenged athletically at Manhattan Fitness Clubs: the legal expertise is also essential in the successful operation of a fitness business. A particularly turbulent time legally, especially for gyms, was sparked by the onset of the coronavirus pandemic. In this respect, there was a greater than average need for legal advice in the second quarter of 2020. The coronavirus pandemic and the associated legal measures (e.g. the legal ban on entry) have had a major impact and influence on the fitness industry, along with other sectors. In this context, all-new legal questions suddenly arose for many operators: from a legal perspective, how can you deal with membership fees and extraordinary terminations in the wake of the official closure, which in some cases lasted for several months? What are the rights and obligations of customers, on the one hand, and Manhattan Fitness Club as operator, on the other?

The rapidly changing COVID-19 regulations were a constant companion in these challenging times. These regulations had to be “screened” on an ongoing basis to ascertain which legal framework applied to the Manhattan Fitness Club at the time and what the implications were for the ongoing legal assessment of each issue and topic. Another important issue connected to the coronavirus pandemic on which LGP provided legal advice and technical support to Manhattan Fitness Club was the compensation claims under the Epidemic Act due to the official closure of the gym. Part of this legal advice also includes representing Manhattan Fitness Clubs in court, of course. This involves, for example, actions for interference with possession against unlawful “long-term parkers” in the company’s own car park, which is exclusively available to Manhattan members. However, LGP also supports the company in all legal matters outside the courts, drafting all the company’s contracts. This includes its general terms and conditions, which form the basis for the contractual relationship with the clients.

LGP’s portfolio of legal advice is very broad and multi-layered, ranging from private law matters to public law issues, which LGP can handle with ease as a one-stop shop. This also highlights the complex legal problems a fitness centre and similar institutions can be confronted with – and the advantages of having a veritable legal expert as your partner.

3 questions for Tanja Cerny-Felsinger & Dennis Felsinger

Managing Directors of Manhattan Fitnessanlagen GmbH

What are your requirements in terms of LGP’s advice?

For us, independence means working autonomously and constantly, having to make quick decisions. At the same time, it is essential for us to have access to quick, competent information on legal issues.

What do you appreciate most about the support you receive from LGP’s lawyers?

That they have been fulfilling our legal requests time and again to our utmost satisfaction for years. We would like to take this opportunity to thank the entire LGP team for their excellent advice during the pandemic.

How do you personally motivate yourself to exercise?

By looking in the mirror or at the holes in your belt... We only manage to stick to regular training by having a precise schedule. However, we particularly like to prioritise training sessions with our personal trainers.