One member's take on 24-hour gym access is considered the wrong kind of squatting for the space by the facility's manager, who revoked the man's membership.
As reported by The New Zealand Herald, Arthur Eagle claims he was unfairly evicted from FlexFitness in Hastings, N.Z., after spending all night there March 4.
Eagle, whose membership has now been cancelled, claims a clause stating that "all memberships include unrestricted access" was not followed and he was deliberately discriminated against.
Meanwhile, gym management claims Eagle broke several gym rules and was loitering, leaving no choice but to terminate his membership.
According to Mitchell Hageman of the Herald, Eagle signed up for a one-month membership at FlexFitness Hastings to increase his fitness before he embarked on a series of hikes around Aotearoa. However, his exercising patterns put him in the gym late into the night and in at least two cases, all night.
He said he was told his presence was "making other members feel uncomfortable," but he claimed he was minding his own business and not breaking any rules or codes.
"Would they rather have TVs, lights and speakers on for no one all night?" he asked, as reported by the Herald.
He claimed the gym's initiation of what would become a confrontation was a case of "character discrimination" and that other members there virtually all night were not reprimanded.
Gym manager Meryn Hemmingsen said staff members had spoken to Eagle several times about what he described as "highly unusual" behavior within his gym, asking him to stop violating rules.
"Unfortunately, those conversations were not constructive and he did not agree to comply. Therefore, due to violating these rules, we had no other option than to terminate his membership."
"It sounds like he may have indicated to you that other people were 'spending all night' at our Hastings gym as well. That is simply not true," Hemmingsen told Hawke's Bay Today.
Per Hageman's report in the Herald:
The two clauses Hemmingsen said Eagle broke were around health and safety and not using membership for the intended purpose.
Hemmingsen claimed Eagle spent "numerous occasions" all night at the gym in the very early hours of the day, "for instance, arriving just after midnight and leaving around 7 a.m."
He said on the final night he used the gym, Eagle had spent all night there, left for a short time in the morning, and then returned again within an hour.
"When he did exercise in the gym, it was nowhere near the entire time of his stay, and some early mornings when he spent time in the gym, he did not exercise at all for many hours at a time.
"Our gyms are not a place for loitering; they are a place for exercising."
But Eagle said he was not loitering or violating any terms or conditions, and was correctly using his membership to its maximum potential.
"Exercising is exactly what I was using the gym for, but they, of all people, should know that muscles need rest and recovery time, especially if you're a beginner.
"I was trying to maximize my short, one-month period to beef up and get fit for my plans to go hiking around New Zealand."
He said Hemmingsen's claim he had spent the night in the gym on "numerous occasions" was inaccurate.
"It was only twice, from what I recall - the last of which was beyond my control.
"More importantly, the only reason I returned again within an hour was because I thought I'd left my wallet behind.
"But, inconsiderately, they wouldn't let me off the hook to look for it for several minutes while treating me like some kind of criminal."
Hemmingsen also said Eagle was following people into the gym without using a security tag.
"Our manager discovered on several occasions that he was not using the security key tag to swipe into the gym, but rather following others who swiped ahead of him.
"It's essential, as a gym, that we have visibility of everyone who is in our facility at all times. Mr Eagle's violation of this rule potentially put his own safety and that of other members at risk."
Eagle denied this was the case, saying he asked a few people nicely, and only on two occasions, to use their swipe card to enter the gym.
Hageman's report concluded with input from Abby Damen, communications and campaigns adviser at Consumer NZ, who said people who sign up to a 24-hour gym should be able to access it 24 hours a day.
However, they will also need to comply with their gym's terms and rules, she said.
"If they don't, the gym is likely to have the ability to terminate their membership," Damen said. "We'd encourage people to make sure they read and understand the T&Cs of any contract they enter into."
