Wednesday, July 11, 2012

NOTED wellness center Fitness First may have to change its policy on lack of liability over lost items after the Court of Appeals (CA) ordered it to pay a lawyer whose cellphone, uniform and wallet were allegedly stolen in one of its branches.

In 2006, lawyer Rommel delos Reyes complained to the management of Fitness First-Robinson's Manila about the disappearance of his personal belongings but the management said it cannot be held liable citing the provision in the membership agreement and notices posted on its walls.

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But in a decision penned by Associate Justice Antonio Villar, the CA said the reported loss "constitutes negligence and dereliction of its duties and responsibilities as operator of a health and wellness establishment."

"Fitness First, being a health club establishment is clearly bound to provide not only a comfortable working-out atmosphere for its members but also a security to their persons and belongings," the courts ninth division said on July 2.

Echoing the arguments presented by the Makati City Regional Trial Court which favored delos Reyes complaint, the CA found out that Fitness First failed to conduct an investigation especially that it holds the master key that could open all lockers.

As a result, the appellate court opened the possibility of one of the employees carting away delos Reyes belongings since they have access to the master key.

The CA also slammed the membership agreement that exempts Fitness First from any liability for losses, saying this is illegal under Article 2003 of the Civil Code.

Said provision provides that the hotel keeper cannot free himself from responsibility by posting notices to the effect that he is not liable for the articles brought by the guest, but the CA said like hotels, the operation of health and wellness centers are imbued with public interest.

See more here:
Fitness First ordered to pay for stolen items of a member