LA FITNESS [Sexual harassment & breach of contract] Diamond Bar, California

LA Fitness has a reputation as being a "meat market", and it's more true for some locations than others. I'm fine if other people want to participate in this "market", but if I don't, that's my choice. I am not fine, however, with sexually harrassing behavior by other club members and some staff members that has unfortunately been directed at me. Things that have happened include rude and lascivious stares; unwanted bodily contact; intentional intimidation; and crude comments. Oh yes--I forgot--there's also those times when I've been unwillingly entrapped in an enclosed space by some of these men. I've complained before and I've said that I felt threatened and harassed, but nothing's been done.

I'm really mad and disappointed because this kind of sexually harassing behavior is not what I signed up for. It's not part of my membership agreement/contract, which contains very sparse rules and regulations. I guess their lawyers forgot to tell management that as a general rule contracts are construed against the drafter. I'm pretty sure that if there was something in that agreement that stated "Member agrees to participate in what is colloquially known as a 'meat market' as part of the terms of membership", a lot of people would not join. True, it might attract a different kind of person, but probably not the kind that you want in a family-friendly facility that also provides day care for little kids while their mothers and fathers are working out. And when you start attracting those kinds of people, it can be a slippery slope.

There doesn't seem to be a governmental body or authority that someone in my predicament can report this kind of discrimination to (like the EEOC, if I were an employee).  I'm going to assume based on some of the information I've seen online that I am not the only LA Fitness member that was subject to unwelcome sexually harassing behavior. My thought was this--could a class action lawsuit for breach of contract and/or negligence by LA Fitness for allowing, condoning, and/or sometimes even vicariously participating in sexually harassing behavior be possible? I mean, when I signed that contract, one of my fundamental assumptions--so fundamental that it's just something you expect without even thinking about--was that I would not have to continually deal with rude, crude, and lewd behavior.

One of the "Rules and Regulations" in the Membership Agreement is: "3. During Club use, all Members and guests will refrain from engaging in loud, foul or slanderous language or molesting, badgering or harassing other Members or club employees, agents and contractors. Threatening or violent conduct is prohibited."

Sexually harassing behavior and attempts at gender-based intimidation would certainly fit in this regulatory category. This agreement provision is obviously intended to protect other members and is prohibitive, not suggestive. The problem is that LA Fitness makes no effort to enforce this provision. Why can't other members, especially ones who have been subject to harassing behavior (like me), ask to have this provision enforced? Really, if something like this ever gets filed in court, I think LA Fitness should be punished for the aggravation and for wasting everyone's time and money.

I've also found some handy information on the California Secretary of State's website about LA Fitness (http://kepler.sos.ca.gov).

First, the company's real name is LA Fitness Group, Inc. and their registered agent for service of process is Brian Bastien. Here's the some more information from that website:

Entity Name:  "LA Fitness Group, Inc."
Entity Number:  C3243649
Date Filed:  03/10/2010
Status:  Active
Jurisdiction:  California
Entity Address:  4110 Lauriel Grove Ave
Entity City, State, Zip:  Studio City CA 91604
Agent for Service of Process:  Brian Bastien
Agent Address:  4110 Lauriel Grove Ave
Agent City, State, Zip:  Studio City CA 91604

The funny thing is that I don't think the "4110 Lauriel Grove Ave" address actually exists! I tried using Google maps, but only alternate suggested addresses comes up.

Maybe it's supposed to be "4110 Laurelgrove Ave, Studio City, CA 91604", because that address can be found on Mapquest and Google. It makes a big difference, one extra letter and one extra space! So now, I'm wondering if LA Fitness did this on purpose--I mean, doesn't this seem kind of weird that a company as big as LA Fitness registered themselves with the California Secretary of State using an incorrect address? Do you think it was an accident?

Anyways, I would really hope that for once, LA Fitness does not give its members the runaround!