He's trying to fucking trick me.

[jedusor]

Darrell Phillips, the Penn Valley Physical Education Department Fitness Center Coordinator (according to his business card) told me yesterday to call him between nine and noon today to get an answer on the membership thing. I called him, got his machine, decided to quit playing games and trotted right on into his office.

Turns out that he doesn't want to give me a membership because if I get hurt lifting too much weight or something and the court asks him if, in his professional opinion, a fifteen-year-old should have been using the equipment unsupervised, he would have to say no. That I don't plan to use the weight machines, and that I'm willing to sign a statement agreeing not to, doesn't make a difference because see, he doesn't know that I won't randomly decide, "Hey, why don't I try to bench-press three hundred pounds and see what happens?"

How about if my parents sign a waiver agreeing that the center is not liable for any damage? No, because if something happens, insurance isn't the problem, it's the fact that he would be acting against his "professional opinion."

Why are seventeen-year-olds allowed to use the equipment unsupervised, when they are not legally very different from me? Because most people have been in puberty for a few years by age seventeen, and are therefore less likely to hurt themselves due to the fact that their bone structures have settled (or something).

I've been menstruating for over three years and am quite obviously not just beginning puberty- are there ways to tell whether or not my bone structure is ready to handle the exercise? Well, he's not a medical doctor, he's not qualified to make that decision.

And if I get a signed note from a qualified medical doctor agreeing that my bones are sufficiently ready? Well... hmmm... um... legality... weight resistance training... unsupervised... hmm... tell you what, if a signed note from a qualified medical doctor saying that it's completely safe for me to do weight resistance exercise in an unsupervised situation is produced, we're good to go.

Is a doctor likely to say that a seventeen-year-old, who can easily obtain a membership, is completely safe in the same situation?

And here he fiddled and hemmed and hawed and finally said something vague about family practitioners. I'm gonna get him, though. I could feel the blood pounding when I was standing there, having this (here much abbreviated) conversation. The guy doesn't trust me to honor a signed statement, won't acknowledge that I may be right in any way, and then he has the nerve to assume that I'm stupid enough to fall for this shit. Well, I'm not. I'm going to ask Dr. Murray for a statement saying that I am no less able to withstand weight resistance training than a typical seventeen-year-old. If they let any old seventeen-year-old have a membership, they can't refuse me one if I have that note.

Well, they can. But I'm going to fight them every step of the way. I got him to admit that the law doesn't have a restriction on age and that he's the only one I have to convince. (I asked him if it was up to him, and he said no, that the "risk coordinator" is the one that makes the decisions... then I asked for contact information for that person and he muttered, "Well, they defer to me on matters like this.") That means he has to either go back on his word or let me have my damn membership.

I need to remember to get my $39 back, because there's no way this is going through before at least October, and by then the semester will be half over.

Comments

[mh75.livejournal.com]

Out of curiosity, why are you so stuck on that particular gym? Is this the one at school? If not, is there one at school you can use (usually open to all students). Also, is there a different gym you could try?

If you're not using the weight machines, what are you doing? Maybe its possible to do that without the gym. I'd suggest a doctors note, but also maybe ponying up for one session with a trainer so that you know how to use all the equipment (often included with the membership fee).

definitely get your $39 back. And, whatever, tell the guy he's a dumbass.
But the real point is to get a gym that works for you, and maybe thats not the right solution anyway.

[jedusor.livejournal.com]

I'm getting the gym membership because I know that if I've paid for the card and I have the space and allocated time to exercise, I will. I tried running in the mornings and doing crunches and stuff, but I never do it consistently for over a week. I like treadmills, and I like air conditioning and water fountains, and I have time at school between classes and meetings when I can exercise.

Yes, it's the Penn Valley gym, and yes, it's supposed to be open to all students. That's the issue, and that's why they're not laughing in my face and telling me to get lost. I am a student in good standing and they have offered this membership to students. That's why it's so cheap- the $39 is for the whole fall semester, although a month of the semester has already passed, so I'll probably just get one in the spring instead (assuming I can work all this crap out).

[mh75.livejournal.com]

heh. I wonder if having your advisor at school talk to him might help? (Or, someone from the school...)
good luck.

[jedusor.livejournal.com]

I've got a meeting tomorrow with Mindy, the student activities advisor, and I'll be seeing Ms. Yeager (Phi Theta Kappa advisor) Thursday. I'll see what I can do...

[vaders-bitch.livejournal.com]

fight him, fight him to the death.

[jedusor.livejournal.com]

Death is a bit much. I may fight him to the President, though, if this gets too ridiculous.

[rebbyribs.livejournal.com]

Another possible resource: there are a lot of articles about safe weight training for teenagers (and children even!). Maybe you could show some of those, and stress that you understand the points about proper form, and less weight / more repetitions. Perhaps he or someone who works in the fitness center could observe you once, to insure that you are using proper form and understand how the machines work?

(I know he's being unreasonable, and that this is unlikely to work, but maybe it'll help in your strategy of convincing him that you're responsible enough to use the gym safely.) Anyhow, good luck, and way to go for trying to form good habits to keep yourself healthy in the long run!

[jedusor.livejournal.com]

Perhaps... although I don't actually intend to use the weight machines. He just doesn't trust me to keep my word, even if I sign an agreement. I think he's making the same mistake most people do when they don't know me- namely, trying to treat me like a fifteen-year-old. It doesn't accomplish anything and only serves to piss me off.

I might try bringing him some articles if he still gives me shit after I get Dr. Murray's statement, though. Thanks for the suggestion.

[rubrick.livejournal.com]

I suspect that, like most people in positions of "authority" at relatively insignificant institutions, he's just insecure and afraid of getting in trouble and doesn't want to deal with anything he hasn't been specifically told how to deal with.

He's also probably afraid of 15-year-olds. (Granted, you'd frighten anyone who's worried about keeping his authority. :-) )

[jedusor.livejournal.com]

(Granted, you'd frighten anyone who's worried about keeping his authority. :-) )

Awww, thanks!

[great-scotto.livejournal.com]

its all statistics. fifteen year olds are more likely to do something idiotic than a seventeen year old. i know youll fight me about this. but you are differnt. and you still act very 15 some of the time. But he doesn't know that, he doesn't know you, and from his standpoint, statistically you, which is what most businesses are run, and much of the population runs by, have a very high chance of doing something stupid. and i guess it is like rubrick says, "doesn't [or cannot figure out how] to deal with anything he hasn't specifically been told how to deal with."

Zel, as long as your under 18, your going to have to deal with unfair laws that you think are only there to piss you off. Laws and rules like this are made for the very reason you're dragging this on uneccessarily. although the bastards should give you back your $39. But in ANY adults eye's as i have found, and even in my own from time to time, they can base rules like this on experiences from when they were that age. you just have to deal with it. theres no point in fighting it.

personally, i know they shouldn't have a problem with you, but thats because i know you, they don't. the waiver thing doesn't change much, even if you don't sue, and you did hurt yourself, people would be very critical of their service because they werent watching an minor while they worked out. which would be bad for business.

its all a business standpoint, and its all a bit selfish i know, but tell me that in your entire life you've never had an instance where you wanted to protect your own interests above letting something slide.

[jedusor.livejournal.com]

I know it's about statistics, and I'm aware of the reasons for the rule. I don't have a problem with the rule in the first place, I have a problem with their unwillingness to acknowledge that it isn't always appropriate to enforce it, and that exceptions should occasionally be made. I'm academically and socially a student, just as much as any other student, and my mere academic record should give them a bit of a hint that I'm not just a kid trying to get a deal on a place to work out. I can get recommendations from faculty and staff, and I will if necessary.

you just have to deal with it. theres no point in fighting it.

Oh, Scott, sweetie, I'm disappointed in you. You should know me better than that.

[jedusor.livejournal.com]

Also, law has absolutely nothing to do with it. There is no law that says people have to be seventeen to be members in a fitness center. If the cutoff were eighteen, actually, I would probably have already given up. Seventeen is a relatively arbitrary cutoff point (and I say relatively because yes, it is the age at which most people have developed adult bodies and can handle exercise). If it were eighteen, there might be legal issues, there might be insurance issues, there could be all kinds of problems. But it's not, and they have no real reason to deny me a membership besides the feeling of power it gives them.

[mh75.livejournal.com]

There are some good points in here.
fifteen year olds are more likely to do something idiotic than a seventeen year old
This is very true. 15 year olds are also more likely to injure themselves because their bodies aren't as well developed at 17 year olds. This is why i think offering to take some instruction to be sure you know how to use all the equipment (whether or not you're going to use it) is a good idea.

as long as your under 18, your going to have to deal with unfair laws it was supposed to stop when i turned 18? The truth is, there are idiotic rules and idiotic people out there, and you have be wise about what battles you choose to fight.

the waiver thing doesn't change much, even if you don't sue,
Not to mention that waivers don't stand up in a court of law very often. I wonder about parental permission slips, though.

At any rate, i think its reasonable to persue a solution for a little while. I happen to think the best way to persue a solution is to work with in your school and the gym to figure out how you can satisfy all parties.
i really think they're idiotic for both taking your money before they ascertained your age, if that was an issue, and for not having a way to deal with students younger than 17, but...