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MANILA, Philippines - The Court of Appeals Ninth Division on Wednesday said Fitness First Club cannot escape responsibility for stolen items of their members despite a written waiver exempting the club from any liability.

In a 17-page decision penned by Associate Justice Antonio Villamor, the court upheld the decision of the Makati City Regional Trial Court (RTC) branch 58 holding Fitness First Club Inc. liable for stolen items of a member last June 22, 2006.

The court said Fitness First cannot escape liability for the losses by invoking the provisions of its membership agreement as well as notices posted on the walls of their facilities warning members that the club would not be liable in case of loss items.

It said the waiver runs counter to Article 2003 of the Civil Code. It said that, similar to hotels and common carriers, the fitness gym has the responsibility to provide security to its clients and their belongings.

"On an even scale, Fitness First being a health club establishment is clearly bound to provide not only a comfortable working-out atmosphere for its members but also security to their persons and belonging," the CA said.

"The law in turn does not allow its responsibility to the public to be negated or diluted by any contrary stipulation in so-called undertakings that ordinarily appear in prepared forms imposed on their guests and members, as in this case," it added.

The appellate court also affirmed the lower court's grant of the complainants claim for damages in the amount of P136,000.

Lawyers Rommel de los Reyes and Gerlyn Turingan earlier sought damages against Fitness First after de los Reyes lost his office uniform, a Nokia 6600 mobile phone, wallet containing P3,000 and identification cards inside the Fitness First locker.

The two terminated their membership with the club and filed a case for collection of money with damages contending that the club was negligent and did not even exert any effort to investigate the matter.

In its ruling, the CA dismissed the argument of Fitness First national operations consultant Kent Richards that the complainants failed to present evidence that would warrant the lower court's finding of negligence against the club.

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Fitness First held liable for member's stolen valuables

VAIL, CO--(Marketwire -07/10/12)- Marathon legends, cycling champions, renowned researchers and the nation's leading health and fitness experts will be among the presenters at Living at Your Peak (www.livingatyourpeak.org), the nation's only gathering designed to help health-conscious individuals and influencers discover how to live longer, better and impact the wellbeing of their world. The Vail Symposium today announced the notable lineup of speakers for this inaugural event, to be held September 13-15, 2012, in Vail, Colo.

"Featuring one-on-one interactive sessions with recognized experts in an intimate setting, Living at Your Peak offers attendees the unique opportunity to share an exclusive, life-changing wellness experience," said Jamie Stone, Living at Your Peak event champion and a board member of the Vail Symposium, a non-profit organization responsible for Living at Your Peak.

Tennis legend and health advocate Martina Navratilova will keynote the event. Jenna Wolfe, co-anchor of NBC News' Sunday TODAY show, will emcee. Living at Your Peak's renowned list of presenters includes experts in the areas of fitness, nutrition, cognitive health and well-being, preventive medicine, longevity and stress, sports fitness and personal health.

Fitness

Nutrition

Cognitive Health and Well-Being

Preventive Medicine

Longevity and Stress

Sports Fitness

Personal Health

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Network With the Nation's Leading Health & Fitness Experts This Fall in Vail, Colo.

Article posted: 7/9/2012 10:05 AM

Daniel J. Happ

A fitness evaluation has been ordered for a Carpentersville man accused of beating a woman with a hammer, raping her young daughter and stabbing their dog in March.

A judge will evaluate a report on Daniel J. Happ, 28, on July 18. He faces up to 30 years if convicted, but up to a 60-year extended term if the court finds the crimes were exceptionally heinous or indicative of wanton cruelty.

In recently filed court documents, Kane County Assistant Public Defender Eun Yoon indicated she had bona fide doubts as to Happs fitness to stand trial. Psychologists at the Kane County Diagnostic Center were instructed to perform an evaluation.

Yoon was unavailable for comment to elaborate on the court motion.

Happ has been held at the Kane County jail on $3 million bail since his arrest, meaning he must post $300,000 in order to be free while his case is pending.

He faces 11 felony charges, including attempted murder, aggravated criminal sexual assault, predatory criminal sexual assault of a victim younger than 14, armed violence and aggravated cruelty to animals, according to court records.

Carpentersville police were called to a home in the 1200 block of Brookdale Drive at 12:53 a.m. March 7 for a disturbance.

Authorities found a 23-year-old woman unconscious from being hit repeatedly in the head with a hammer, an 8-year-old girl and the injured dog, reports said.

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Fitness evaluation ordered in Carpentersville hammer attack

Athletic Revolution, a youth fitness franchising organization, will be hosting the first ever Athletic Revolution/Fitness Revolution International Convention this July. The event is open only to franchisees of the two organizations, and will take place July 20-22 in Louisville, KY.

Elizabethtown, KY (PRWEB) July 09, 2012

Athletic Revolution, a youth sports and fitness franchising organization, will be co-hosting the 1st Annual Athletic Revolution/Fitness Revolution International Convention this July. The event begins July 20th and ends the 22nd in Louisville, Kentucky. It is open only to franchisees of the two companies.

We are incredibly thrilled to be hosting the first ever convention for these two great fitness franchises, says Athletic Revolution co-owner Nick Berry. We expect a large turnout, and cannot wait to hear about all the great things our franchisees have been doing in the past year.

As Berry notes, the event will be geared toward bringing together Athletic Revolutions various youth sports franchise owners so that they can share information on how they have been able to grow their businesses and reach a broader youth fitness market.

The first thing this convention will do is provide franchisees with a forum to share the tools of their trade with each other, says Berrys business partner and Athletic Revolution CEO Pat Rigsby.

Beyond that, Rigsby and Berry promise that the event will feature a slew of presentations of an educational nature. The youth fitness and performance franchise owners will learn everything from how to start their business to how to grow their staff, and even how to expand to multiple locations.

The key for us is to provide high quality, actionable content so that our franchisees can get out there and make a big difference in kids lives, says Berry.

To that end, the International Convention will also feature an assortment of coaching sessions so that the youth sports franchisees and their staff can hone their individual training skills. We want to teach our franchisees the most up to date methods and best practices in the field of youth fitness training, says Rigsby.

Beyond the tools geared toward helping franchisees grow as trainers and as business owners, Berry promises that the convention will also pause to celebrate the successes of both the franchisees and the company as a whole.

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Youth Fitness Franchise Chain Athletic Revolution to Host Its First Ever International Convention in July

NEW YORK, July 9, 2012 /PRNewswire/ --David J. Pecker, Chairman, President and CEO of American Media, Inc. (AMI), today announced the appointment of Dr. James Stray-Gundersen, M.D., as Executive Fitness Director of SHAPE, the leading active women's lifestyle magazine and global authority on fitness, nutrition and health.

A member of the American College of Sports Medicine, Dr. Stray-Gundersen is a world-renowned expert in the areas of exercise and sport performance, altitude training, anti-blood doping efforts, recovery and nutrition. For over 30 years, he has dedicated much of his career to working with numerous Olympic athletes across various sports, from skiing and speed skating to cycling, running and swimming. He holds multiple patents, including one for a fluid- and electrolyte-replacement beverage, and has also pioneered Human Performance Centers that focus on exercise and nutrition. Some of Dr. Stray-Gundersen's additional accomplishments include being the recipient of nine grants and awards, receiving merits from the Olympic Committee and the American Heart Association, and authoring more than 75 health and fitness articles in leading medical and scientific journals.

"Naming Dr. James Stray-Gundersen as the Executive Fitness Director of SHAPE is the first step in a major investment in the revitalization of the brand," says David Pecker, President, Chairman and CEO of AMI. "His extensive credentials, vast medical experience, and strong roots in sports will help take SHAPE to the next level."

Dr. Stray-Gundersen will be working hand-in-hand with the SHAPE's Editor-In-Chief, Tara Kraft, to continue to produce compelling editorial that's jam-packed with the latest fitness news and trends, plus dynamic workouts.

"At SHAPE it is our goal to deliver cutting-edge editorial," says Kraft. "With Dr. Stray-Gundersen's wealth of fitness, nutrition and health knowledge, as well as his incredible experience with Olympians, professional athletes and military Special Forces, I have no doubt that he will be a great asset to our team and the SHAPE brand."

"It is truly an honor to be named Executive Fitness Director of SHAPE Magazine, a landmark wellness and lifestyle guide," says Dr. Stray-Gundersen. "I consider it a privilege to work for the ultimate women's lifestyle publication."

About American Media, Inc.:

American Media, Inc. owns and operates the leading print and digital celebrity and health and fitness media brands in the United States. AMI's titles include Star, OK!, National Enquirer, Globe, Soap Opera Digest, Shape, Men's Fitness, Muscle & Fitness, Flex, Muscle & Fitness Hers, Fit Pregnancy and Natural Health. AMI also manages 18 different digital sites, including RadarOnline.com, OKmagazine.com, Shape.com, MensFitness.com, MuscleandFitness.com and FitPregnancy.com. AMI's magazines have a combined total circulation of almost 7 million and reach more than 55 million men and women each month. AMI's digital properties reach an average of 10 million unique visitors and 80 million page views monthly.

About SHAPE:

SHAPE, the flagship brand of AMI's Women's Active Lifestyle Group, reaches 6.2 million active readers and is number one in circulation, ad pages and worldwide editions. SHAPE connects with women throughout their daily lives with its innovative brand extensions, including online, email, mobile efforts and award-winning consumer events.

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SHAPE Magazine Names Dr. James Stray-Gundersen, M.D. Executive Fitness Director

Fitness Business Models, Systems and Coaching Lead to More Clients, Income and Success in Fitness Industry

Targeted fitness business models and systems can take a personal trainer or fitness pro from good to great. An effective, proven fitness business program is available at http://www.fitnessbusinessschool.com/.

Imagine no more struggling to get clients for your fitness business, no more struggling to make a living in your fitness business and no more fitness business stress, all thanks to some fast, effective and simple fitness business and marketing methods, said John Spencer Ellis, creator of Fitness Fortunes and founder of John Spencer Ellis Enterprises, a fitness and personal development solutions company. Fitness pros, coaches and personal trainers interested in becoming a fitness industry leader or running a successful fitness business can benefit from some powerful secrets, tips and tools, all designed to boost success in the fitness business and industry.

In addition, the http://www.fitnessbusinessschool.com/ website also offers details on the following effective fitness business models, systems and coaching:

The Fitness Business Ninja: Offering complete online fitness business management skills and training, the program is designed for personal trainers, gyms, martial arts schools and boot camps to handle all of the customer service and client tasks.

Nutrition Business Blueprint: Another fitness business model, this blueprint program is a turnkey, home-based online nutrition business that provides ongoing passive income.

FitNews.TV: A total fitness marketing solution, FitNews.TV offers more leads, more connections, more income and more free time through social media integration.

Details on fitness business education, online training, certifications in mixed martial arts coaching, triathlon training, boot camp training, and much more.

About John Spencer Ellis Enterprises John Spencer Ellis Enterprises is a solutions provider for fitness and coaching professionals around the world, providing education, turn-key business programs, coaching and resources for new and advanced fitness and coaching professionals. For more information about John Spencer Ellis Enterprises or becoming a fitness business models, systems and coaching, please visit http://www.fitnessbusinessschool.com/

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Fitness Business Models, Systems and Coaching Lead to More Clients, Income and Success in Fitness Industry

Los participantes de cualquier regin del planeta tienen hasta el 31 de julio de 2012 para visitar http://www.LifeFitness.com/PersonalTrainers y nominar al entrenador principal que consideren merecedor del premio principal.

SCHILLER PARK, IL -- (Marketwire) -- 07/09/12 -- Life Fitness, el der mundial en fabricacin de equipos comerciales de acondicionamiento fsico (fitness) y FitPro North America, uno de los principales proveedores de recursos educacionales para profesionales de fitness, anunci hoy la ltima llamada para inscripciones en la competencia mundial "Personal Trainers to Watch" de 2012. Diseado para recompensar a los entrenadores personales que demuestren pasin por ayudar a que sus clientes alcancen un estilo de vida saludable, el programa "Personal Trainers to Watch" se ha ampliado por primera vez para aceptar nominaciones de entrenadores personales procedentes de todas partes del mundo.

Participantes de cualquier regin del planeta tienen hasta el 31 de julio de 2012 para visitar http://www.LifeFitness.com/PersonalTrainers y nominar al entrenador principal que crean merecedor del premio principal: USD 5.000 para su empresa de entrenamiento personal, un selecto equipo de Life Fitness; una membresa de un ao y un curso de educacin continua del recurso educacional de renombre mundial PTontheNet; as como el reconocimiento de los medios de comunicacin internacionales como el entrenador personal ms destacado del mundo de 2012.

"La respuesta al programa "Personal Trainers to Watch" de este ao ha sido fabulosa, con un excelente grupo de entrenadores personales de alto calibre de todas partes del mundo -- de Canad a Australia y a China," indic Chris Clawson, presidente de Life Fitness. "Alentamos a las personas a que continen reconociendo y apoyando a los entrenadores personales que a su juicio dan grandes pasos hacia un mundo ms saludable al nominar hoy a un entrenador".

Un panel integrado por cinco reconocidos expertos de la industria determinar quin es el ganador del primer premio y los 10 finalistas de acuerdo con criterios predeterminados que incluyen participacin comunitaria de los entrenadores, testimoniales y galardones de la industria.

"Ver las mltiples formas en que los nominados de este ao estn ayudando a sus clientes a tener xito en sus metas de salud y acondicionamiento fsico es realmente inspirador", coment Andy Jackson, director comercial global para FitPro. "Nos enorgullece reconocer a estos lderes como parte del programa "Personal Trainers to Watch" y esperamos contribuir a reforzar la base de conocimiento y oportunidades de capacitacin de los ganadores mediante los recursos que ofrecemos".

La ganadora del ao pasado, Nicole Nichols, fue seleccionada como la mejor "Personal Trainer to Watch" de EE. UU. por su trabajo como entrenadora y experta en SparkPeople.com, una comunidad en lnea de acondicionamiento fsico. Desde entonces, ella se ha dedicado al lanzamiento de un DVD de fitness y a asegurar cobertura de los medios a nivel nacional para su trabajo. Nichols es parte del panel de jueces de 2012 que decidirn quienes son los mejores entrenadores personales de este ao.

nase a la conversacin en Twitter y sganos bajo la etiqueta #PTtoWatch. Para las reglas oficiales del programa, visite http://www.LifeFitness.com/PersonalTrainers. Las nominaciones estn limitadas a una inscripcin por persona. Las inscripciones se deben recibir a ms tardar el 31 de julio de 2012 a las 11:59 p. m., hora del este de EE. UU. Los ganadores se anunciarn mundialmente en noviembre de 2012.

Acerca de Life FitnessLife Fitness es el lder mundial en el suministro de equipos comerciales de fitness. La empresa fabrica y comercializa equipos de resistencia y acondicionamiento cardiovascular bajo las marcas de Life Fitness y Hammer Strength y distribuye sus equipos en ms de 20 pases. Con sede en las afueras de Chicago, en Schiller Park, Illinois, Life Fitness es una divisin de Brunswick Corporation (NYSE: BC).

Acerca de FitProFitPro North America es le principal proveedor de recursos educativos de alta calidad para profesionales del fitness, incluidos entrenadores personales, instructores grupales de fitness, entrenadores, administradores de fitness y dueos de gimnasios. FitPro North America, especializada en educacin continua y recursos expertos, fue fundada sobre la premisa de que un profesional de fitness bien educado inspirar a sus clientes y tendr xito.

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Life Fitness y FitPro North America anuncian el último llamado para la inscripción en el programa mundial "Personal ...

SCHILLER PARK, IL--(Marketwire -07/09/12)- Life Fitness, the global leader in commercial fitness equipment manufacturing, and FitPro North America, a premier provider of high-quality educational resources for fitness professionals, today announce the final call for entries in the 2012 global Personal Trainers to Watch competition. Designed to reward personal trainers who demonstrate a passion for helping clients achieve a healthy lifestyle, the Personal Trainers to Watch program has been expanded for the first time to accept entries nominating personal trainers from around the world.

Participants across the globe have until July 31, 2012 to visit http://www.LifeFitness.com/PersonalTrainers and nominate a personal trainer deserving of the top prize: $5,000 toward a personal training business; a select piece of Life Fitness equipment; a one-year membership and continuing education course package from world-renowned educational resource PTontheNet; and international media recognition as the world's 2012 Personal Trainer to Watch.

"Response to this year's Personal Trainers to Watch program has been tremendous, with a high-calliber entry pool representing personal trainers from all over the world -- from Canada to Australia to China," said Chris Clawson, president of Life Fitness. "We encourage people to continue recognizing and supporting the personal trainers they see taking strides toward a healthier world by nominating a trainer today."

A panel of five esteemed industry experts will determine one grand-prize winner and 10 finalists based on pre-determined criteria including trainers' community involvement, client testimonials and industry accolades.

"Seeing the numerous ways this year's nominees are helping their clients succeed in their health and fitness goals is truly inspiring," said Andy Jackson, global commercial director for FitPro. "We are proud to recognize these leaders as part of the Personal Trainers to Watch program, and look forward to further enhancing our winners' knowledge base and training opportunities through the resources we offer."

Last year's winner, Nicole Nichols, was pronounced America's Personal Trainer to Watch for her work as a trainer and expert at SparkPeople.com, an online fitness community. She has since gone on to release a fitness DVD and secure national media coverage for her work. Nichols is part of the 2012 judging panel that will decide this year's top personal trainers.

Join in the conversation on Twitter by following the hashtag #PTtoWatch. For official program rules, please visit http://www.LifeFitness.com/PersonalTrainers. Nominations are limited to one entry per person. Entries must be received by July 31, 2012 at 11:59 p.m. EDT. Winners will be announced globally in November 2012.

About Life FitnessLife Fitness is the global leader in providing commercial fitness equipment. The company manufactures and sells strength and cardiovascular equipment under the brand names Life Fitness and Hammer Strength and distributes its equipment in more than 120 countries. Headquartered outside Chicago, in Schiller Park, Ill., Life Fitness is a division of Brunswick Corporation (BC).

About FitProFitPro North America is the premier provider of high quality educational resources for fitness professionals, including personal trainers, group fitness instructors, coaches, fitness managers and health club owners. Specializing in continuing education and expert resources, FitPro North America was founded on the premise that a well-educated fitness professional will inspire clients and succeed.

Life Fitness is a registered trademark of Brunswick Corporation. Life Fitness, 5100 River Road, Schiller Park, IL 60176. Phone: 847.288.3300, http://www.lifefitness.com. Follow Life Fitness on Twitter at http://www.twitter.com/lifefitness or join the Facebook fan page at http://www.facebook.com/lifefitness.

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Life Fitness and FitPro North America Announce Last Call for Entries in Global Personal Trainers to Watch Program

A Christchurch security guard trainer says a minimum level of fitness should apply for all security guards.

Trainer Ron Stuart said he had been trying for years to get the wider security industry to recognise fitness levels for security guards.

His experience in the industry included 15 years working in regional management for a major security company and more than 20 years of training unemployed people to be security guards.

His courses included a fitness element, but industry training organisation Etito dropped a fitness requirement from its updated level 2 National Certificate in Security without consulting others in the industry, he said.

"A security guard is responsible for protecting property or possessions and preventing incidents or accidents - to be capable of doing this they need a personal level of fitness."

From last year, all bouncers, security guards and crowd controllers needed to have a licence or certificate of approval to operate.

At present, it is optional for security guards to complete a relevant qualification, but the Government has indicated training requirements will be needed in the future.

Stuart said the current national certificate was a good start for those looking to have a career in the security industry, but it did not address whether someone had the physical ability to do the job.

Fitness was important for security guards, and knowing a guard's fitness level could determine the type of work they were capable of, he said.

"I often have a chuckle at rugby matches ... the guards can have trouble standing for the game let alone stop a pitch runner."

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Guards need minimum level of fitness

Anytime Fitness must operate in line with the towns regulation health clubs, a Plymouth Superior Court judge has ruled.

That decision will be appealed, according to Rob Kraus, attorney for Anytime Fitness owner Jake Pylant.

At issue is the towns requirement that a staff member trained in the use of an automatic external defibrillator must be on duty at health clubs in town during business hours, or 24 hours a day, seven days a week in the case of Anytime Fitness. The gym is located at 187 Summer St.

While he respects the judges decision that the towns bylaw is valid and enforceable, he disagrees, Kraus said. In challenging the towns bylaw, he said state law should apply.

State lawmakers created a law that provides for access to convenient, affordable fitness clubs like Anytime Fitness, he said. Its disappointing the health board saw fit to adopt a more stringent regulation.

Anytime Fitness and Pylant, a franchisee, sued the town in May 2011, claiming that the Board of Healths regulation was unenforceable because it conflicted with an act of the Legislature. State law says the AED requirement only applies when staff is on duty during business hours.

Associate Justice Robert Cosgrove disagreed that there was a conflict. In his decision he wrote, But no comparable inference fairly arises that the Legislature intended to prohibit a health board from imposing more extensive requirements; again, had the Legislature intended such a result, it simply could have said so.

Board of Health Chairman Joe Casna said he understands the boards decision poses a hardship for Pylant, but that it would be unsafe for a health club to be open without a staff member on duty who has been trained in the use of an AED.

At the end of the day, its a matter of public safety, he said. I think there should be staffing there under any circumstances.

Casna said he sympathizes with Pylant and hopes Pylant can adjust his business plan so it wont hurt him financially, but that circumstances dictate the business cannot continue as usual. He said its vital that someone with training is present, because AEDs can save lives.

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ANYTIME FITNESS: Court sides with Kingston Board of Health

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