Iowa Fitness Franchises Growing

The Business Record has an article on a couple of Iowa fitness franchises that are apparently growing at an impressive clip. In the past I wrote a post questioning whether fitness franchises are a solid investment. Based upon my experience in representing a number of franchisees in the fitness industry, I would say the competition is fierce and a prospective franchisee needs to carefully consider whether their franchise location can be profitable. 

Specifically, you should look very carefully at the trends of the franchise concerning the number of outlets.  Carefully study the number of transfers and not just the number of closures.  A high number of transfers may be an indication that franchisees in the system are struggling, but unprofitable franchises have not been shut down.  Of course if there is a significant number of closures in the system that is definitely a bad sign. The reality is that profitability in any market with a fitness franchise gym is often a tough task to achieve.

The franchises mentioned in the article are different than traditional gyms and are relatively new to franchising.  In these concepts you are really purchasing a program rather than a gym.  In evaluating these fitness franchises, or ones similar to them, it would be important to determine whether the exercise program offered is unique and whether the franchisor's intellectual property is protected. After all, the exercise program is the critical part of the system - not the gym itself.  

As always in evaluating franchises, do your homework. It is important to have in-depth discussions with management to get a feel of their experience in franchising (not just running a single gym or exercise program) and talk with as many franchisees as possible to learn about their experience with the franchisor.

In the case of new franchises people are often attracted by the prospect of getting in on the ground floor of an opportunity but not everyone thinks it's a great idea to buy a new franchise. Also, there are common mistakes to avoid when selecting a franchise. Before you invest your savings commit to doing the best due diligence you possibly can.

 

 

  

Largest Gender Discrimination Verdict a Whopper!

Mark Toth of the Manpower Employment Law Blog has a post on the largest gender discrimination verdict in history.

Be sure to check Mark's post. It's a whopper!

Also, from time to time, Mark has free employment law webinars. His next webinar is May 26th.  You can't beat the price!

Iowa Supreme Court Rules in Favor of Spousal Guarantors

The Iowa Supreme Court handed down an important ruling yesterday in which the spouses of two Des Moines area real estate developers used the Equal Credit Opportunity Act (ECOA) to defeat a bank attempting to hold them responsible for personal guarantees on several million in loans. The Court found a violation of the act because there was no finding the developers were not creditworthy and therefore the bank discriminated against the spouses because maritial status was the sole reason they were forced to sign the guaranties.

The ECOA makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction . . . on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract).

As a part of its ruling the Court determined that the spouses could use the ECOA violation as an affirmative defense even though the statute of limitations for their counterclaims had run. In doing so, the Court said,

"Allowing [the spouses] to assert violations of the ECOA as affirmative defenses is not only consistent with our law dealing with illegal contracts, but is also consistent with the public policy behind the enactment of the ECOA. If we do not allow this remedy after the expiration of the two-year statute of limitations, lenders would be free to violate the law if they waited two years before trying to enforce a credit agreement. Congress did not intend for lenders to avoid the consequences of the ECOA by the mere passage of time.  Accordingly, we agree with the jurisdictions that all a creditor to use a violation of the ECOA as an affirmative defense after the two-year statute of limitations has run."

You can read the entire ruling here

 

 

Brick Gentry Immigration Lawyer Comments on Recent Events

Brick Gentry immigration lawyer, Austin Kennedy, commented on recent issues impacting immigration in an interview on Channel 5 in Des Moines.

See the video here.