If I own a martial arts school and have a lifetime member that has asthma triggered by another students perfume, do I have to provide odor free facility?
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If I own a martial arts school and have a lifetime member that has asthma triggered by another students perfume, do I have to provide odor free facility?
These students have a personality conflict. The one said she would quit if she had to stop wearing her fragrance. The asthmatic has brought me a doctor’s note and recently has brought in an epee-pen if she has a severe attack. I feel like I am being set up for a lawsuit. This student is not my employee but she helps me instruct on the floor. She and her family are there every day. She has complained about another patron that stopped wearing her fragrance. What are my legal responsibilities?
Asked on June 23, 2012 under Business Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, there is no obligation on your part to provide a odor-free facility unless such was actually in your membership agreement and/or your marketing material. You are also not responsible for a student's perfume; that student's choice of odors, cosmetics, etc. is not under your control so long as that student is not, in fact, your employee or otherwise actually under your control. If the asthmatic member chooses to leave because of a conflict--personality or scent--with another student, you would not be obligated to return her lifetime membership fee...though it may be the better choice (e.g. better word of mouth; avoid having to defend a lawsuit, which can be expensive even when you win) to offer to return the bulk of said fee, perhaps taking out some reasonable portion for the lessons she has had to date.
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