Very Very good observation. Generally if the private business has a public area. . Like a lobby, or a gym floor where anyone off the street could walk in the public photography rules would still apply unless the business has a policy on photography. The policy would not be enforceable by law. But it could cause you to get a membership revoked etc. Or even a trespass warning. But not real legal problems.
Lets see what Planet Fitness policy is on photography.
The in-club use of mobile devices can impact the safety, privacy and comfort of our members. In order to protect our Judgement Free Zone® and ensure the best possible member experience, we limit in-club use of mobile devices in the following ways:
- Planet Fitness strictly prohibits the use of mobile devices to take photographs or videos or to make voice or video calls in the locker rooms.
- Headphones or earbuds are required while listening to any audio on a mobile device.
- Use of mobile devices to make voice or video calls is permitted in the lobby area only.
- Members are prohibited from using their mobile devices anywhere in the club to view content that may be viewed as offensive or inappropriate.
- Members may use their mobile devices on the gym floor in order to photograph or take video of themselves in very limited circumstances and this privilege may be revoked at any time and for any reason at the sole discretion of Planet Fitness® team members. Use of a mobile device on the gym floor may be acceptable under the following conditions:
- No member may use a mobile device to take photographs or videos if doing so presents a risk of injury to themselves or others (for example, mobile devices should not be used to take photographs or video by anyone who is simultaneously using exercise equipment);
- Out of respect for the privacy and comfort of our members, photographs or video should never include anyone who has not given their prior permission to appear in such images;
- Images containing Planet Fitness® intellectual property are subject to all applicable copyright and trademark protections, including, but not limited to, federal and state laws and regulations, and we may prohibit any public-facing use thereof; and
- No photographs or video may be used for commercial purposes whatsoever.
- The resolution of any conflict or question arising under this policy is at the sole discretion of Planet Fitness® team members.
Because the safety, privacy and comfort of our members is paramount, enforcement of this mobile device use policy is a serious matter. Any report of a violation of this policy, whether from a Planet Fitness® team member or a club member, should be resolved promptly and professionally, with priority given to the privacy and comfort of all members.
Planet Fitness® reserves the right to revoke any and all mobile device use privileges under this policy and, if deemed warranted, to terminate a person’s membership immediately for any violation of this policy or other club rule.
So according to their rules he is out of bounds. He cannot get legally charged or anything for it. He cannot be forced to show his phone etc. But in order to be in there he has to follow the rules. Of course nothing stopping him from just camping out in his car and take pics of her when she leaves while she is in public.
Now he could be a ass and get her under their Anti Harassments policy.
Planet Fitness does not tolerate
verbal or
physical harassment of any member or team member for
any reason. Violations by members may result in cancellation of membership.
Planet Fitness Policies | Planet Fitness