How to deal with an awkward personal trainer situation?

Varla · 11-04-2009, 01:51 PM

Almost two years ago I hired a personal trainer and dropped a small fortune on my training sessions. I felt there was too much talking, not enough working out, and well, I stopped using him after a few months [and a 15lbs weight loss].

When we started working out I was over 215lbs. I honestly didn't know much about working out so I signed up here, started reading any recommended book, and started to feel like I could do it myself. When I stopped working out with him, I was still 200lbs. Actually, I think I was 198 or something, but same difference.

I continued to work out on my own, obviously, and changed my eating habits to be more like what I read on bb.com. In the last year, I dropped all the weight and got to 130lbs.

Then - today, it was alerted to me this personal trainer is using me as a success story. He has my before and after photos up, and even has them up on Facebook! My uncle is on his facebook page and took a screencap for me.

Now, I know he's done some pretty impressive transformations in the past, I know some of his clients from around the gym. I no longer go to the same studio, so I haven't talked to this trainer in ages.

But I'm extremely pissed at him using my transformation as promotional material. I honestly do not feel like he played much part in what I've done in the gym, I'll give him that first 15lbs, but the amount of time it took, and the little I learnt, I just don't feel he can stake claim in the rest of it.

How do I go about dealing with this? Should I just not care? It seems like a big deal to me. I just feel like he's lying to new clients? And I paid a ton, didn't a lot out of it, and don't want him using my name, image, face, etc.

I'm just beyond mad.

Echo814 · 11-04-2009, 02:22 PM

Well what he has done is illegal since he did not ask and get your permission in writing to use your image and information. I would bring it up on the sheer grounds that he did not ask permission.

norinicole · 11-04-2009, 03:04 PM

Quote:

Originally Posted by Echo814

Well what he has done is illegal since he did not ask and get your permission in writing to use your image and information. I would bring it up on the sheer grounds that he did not ask permission.

This.

It would also piss the hell out of me. I would be tempted to go in and post something over your success story stating that you had not authorized any use of your pictures, and that you stopped using his training services months ago.

Good luck!

Finner · 11-04-2009, 03:07 PM

How did he get your after pictures in the first place?

norinicole · 11-04-2009, 03:10 PM

Quote:

Originally Posted by Finner

How did he get your after pictures in the first place?

He could've gotten them off here.

You know, right click, save.

That's how I got yours.

Wut?

Mindi911 · 11-04-2009, 03:11 PM

All of the above, I think what he's done is outrageous and seriously give PT's a bad name.

Glamorous · 11-04-2009, 05:37 PM

Quote:

Originally Posted by norinicole

He could've gotten them off here.

You know, right click, save.

That's how I got yours.

Wut?

Haha, love it.

As awkward as it may feel, I would contact him directly and give him the chance to explain himself (which he won't be able to do). Afterwards, tell him you expect your images/story/advertisement to be removed and if he doesn't, you will be contacting your lawyer.

Done.

peninsula · 11-04-2009, 05:38 PM

Wow, that's horrible. I would feel violated and outraged if I were you. I've seen personal trainers a couple of times in the past, when my mom wanted me to start training (and paid), and if I ever found out that they were using my name or image to promote their business, I would be so angry.

Seriously, what an ass. You should bomb his facebook page and go down to your old studio and bitch and complain and kick up a huge fuss so that not only does he take your pictures down, but everyone he works with knows what a fluffed up ineffective asshat he is. You said you know he's helped others with transformations, but if he did this to you, who knows how many others are in the same boat as you - people he saw once or twice who are unknowingly being used to promote his business?

If he is making money off the work you did yourself WITHOUT HIM, you should have at the very least been notified, or at most been thrown some money for the advertising.

I'm pretty sure this is illegal, too, unless you signed some kind of contract saying he could use your image for his own uses...so, you know, if you were *really* motivated, or if he refused to stop using your image, you could potentially get the law involved.

thenewmrsj · 11-04-2009, 06:49 PM

Quote:

Originally Posted by Glamorous

As awkward as it may feel, I would contact him directly and give him the chance to explain himself (which he won't be able to do). Afterwards, tell him you expect your images/story/advertisement to be removed and if he doesn't, you will be contacting your lawyer.

Done.

I would do the same.

BTW what an awesome transformation! You should be so proud that he is trying to use you as a 'promotion' for himself, because really (although it would really piss you off being used like that), you have so much to be proud of!

punxnotdead309 · 11-04-2009, 09:11 PM

I would be pissed, too.
Basically everything that was said above. That was downright rude of him!

Finner · 11-05-2009, 07:36 AM

Quote:

Originally Posted by norinicole

He could've gotten them off here.

You know, right click, save.

That's how I got yours.

Wut?

ROFL. W H O R E.

Ha ha ha.

Kidding aside - I asked because if the trainer is using an image of the O/P that she allowed him to take at the time and the "after" is after she lost the 15 pounds she said she lost, then that's totally fair (minus the "without permission" part. That's horrible. Although one could possibly argue that participation in the photo shoot was permission by proxy? LOL)
Regardless of whether she "felt" the trainer helped her or not and regardless of how much she lost post-training with him, she lost 15 pounds under his watch. If he's using a before/after of her and the after is after the 15 pound weight loss. . .then (shrug) it's not false advertising.

Don't get me wrong - I am NOT on his side. I'm just playing devil's advocate.

Now, on the other hand, if he's STOLEN pics of the O/P in her "after" state of her own creation, then he IS a total dick and she should send him an e-mail stating that he does not have her permission to use her image. End of story. That's a real dick-head thing to do and he needs to stop. Taking credit for something you helped to do is one thing. Taking credit for massive weightloss after a client is no longer under your care is total bull s h i t.

kimm4 · 11-05-2009, 07:45 AM

Seriously give him a call or go see him and try to work things out. Anyone can grab/use your pics on the internet. Lot's of right, click saves going on...oh my I don't even wanna think about it...

Good luck!

nea_lin · 11-05-2009, 07:45 AM

Just tell him that you don't want him to use you as a success story. You don't have to go into details or anything. If you say that you don't want your information out there, he has to obey.

Tiffany_P · 11-05-2009, 07:51 AM

I think you just need to confront him. It's very possible that he truly thinks he deserves credit for your transformation. Tell him how you really did it and that he had very little to do with it. Hopefully he'll be embarassed and apologetic.

DemetriaF · 11-05-2009, 11:52 AM

Quote:

Originally Posted by Varla

Then - today, it was alerted to me this personal trainer is using me as a success story. He has my before and after photos up, and even has them up on Facebook! My uncle is on his facebook page and took a screencap for me.

Interesting.

First off, your transformation is nothing short of spectacular. Wow! I'm almost tempted to steal your pictures as well.

Regarding legalities, this is most certainly a copyright issue issue. Did you sign anything when agreeing to hire said personal trainer? Maybe there was a clause hidden somewhere, a release form? Just a thought. But even then he would need explicit written permission from the photographer, and primarily you. Especially if the photos aren't being utilized for information purposes, and ARE being used for profit and to fortify his business.

However, even with some 'unknowing' written consent on your part, this would give him no legal authority to utilize any photos that were taken outside of your working relationship. Your photos are your legal property, until offering written consent stating otherwise. This is illegal without your written consent, and you could very well sue for damages.

First call of action (as others have mentioned here, and as long as you haven't signed your rights away somewhere), send an e-mail or letter stating that you want the pictures/success story removed immediately. Keep a dated copy of this. If all goes well, then you're done with it. If not, you might need to draft a cease and desist letter (minor thing). Usually, this will do the trick and no further action is needed.

If he wants to play hardball (which I doubt), you're then confronted with taking legal action (if you're up for it). But again, I doubt highly it would come to this after making your complaints known--and also considering the nature of his business. If this were instead some sleazy diet aid company utilizing your imagery, then you might have to roll up your sleeves by hiring counsel.

Edit: Please keep us informed, as stolen or unauthorized use of photos are not an uncommon thing on Bodyspace.

Bonifacius · 11-05-2009, 01:40 PM

Stop posting your pics all over Facebook.

aznprincess · 11-05-2009, 02:30 PM

Quote:

Originally Posted by norinicole

He could've gotten them off here.

You know, right click, save.

That's how I got yours.

Wut?

hahahah.

yeah, i would definitely confront him. i would feel like punching him in the face. how violating! i wish there was something you could do to let others know what he's done too. he needs to be held accountable for his skeezy behavior.

zombieang · 11-05-2009, 02:33 PM

Quote:

Originally Posted by Bonifacius

Stop posting your pics all over Facebook.

no wonder you're in the red

norinicole · 11-05-2009, 02:48 PM

Quote:

Originally Posted by kimm4

Seriously give him a call or go see him and try to work things out. Anyone can grab/use your pics on the internet. Lot's of right, click saves going on...oh my I don't even wanna think about it...

Good luck!

*right click on avi*

*save*

Wut?

Quote:

Originally Posted by Bonifacius

Stop posting your pics all over Facebook.

Varla · 11-05-2009, 07:38 PM

Thank you all for the suggestions!

I've emailed him, no response. I've left a message at the gym club, no response. Next? I'm going to go down to the club if I don't get a reply within the next two days. I have photo evidence of him using my photos on an in club display, and I have the screencaps. He can't really deny it? So why not return my messages?

The before photos he is using are onces he took during our first meeting. I didn't sign anything stating he could use them for anything [I have a copy of my agreement, nothing along those lines are on it- I keep everything, always]. The after photos are casual photos on my Facebook with other people cut out? And one that was on my work's facebook page?! Again, the after were taken over a year after I stopped training with him. He knew I wasn't satisfied with his training, either. So there is NO way he thinks he actually played a large role.

Gahhh.

So frustrating. None of these photos are professional or anything. AND. The ones he has up as my before photos are the worst photos ever taken of me, I don't appreciate them being on display, especially when I didn't agree to it.

Soooo furstrating. I can't believe what a douchebag he is. I also left a message for the general manager of the gym to call me back. If he doesn't want to call me back, I'm sure the manager will [I left the message after office hours, but I'm expecting a call back tomorrow].

Trying not to let it get to me, lol.

I'm in the market looking for another trainer to help get me to comp level [I don't want to do a comp, but I want to look like it]. But now I sorta have a sour taste in my mouth with this whole ordeal. Greatttt.

Nightbird573 · 11-05-2009, 07:43 PM

Quote:

Originally Posted by Varla

Thank you all for the suggestions!

I've emailed him, no response. I've left a message at the gym club, no response. Next? I'm going to go down to the club if I don't get a reply within the next two days. I have photo evidence of him using my photos on an in club display, and I have the screencaps. He can't really deny it? So why not return my messages?

The before photos he is using are onces he took during our first meeting. I didn't sign anything stating he could use them for anything [I have a copy of my agreement, nothing along those lines are on it- I keep everything, always]. The after photos are casual photos on my Facebook with other people cut out? And one that was on my work's facebook page?! Again, the after were taken over a year after I stopped training with him. He knew I wasn't satisfied with his training, either. So there is NO way he thinks he actually played a large role.

Gahhh.

So frustrating. None of these photos are professional or anything. AND. The ones he has up as my before photos are the worst photos ever taken of me, I don't appreciate them being on display, especially when I didn't agree to it.

Soooo furstrating. I can't believe what a douchebag he is. I also left a message for the general manager of the gym to call me back. If he doesn't want to call me back, I'm sure the manager will [I left the message after office hours, but I'm expecting a call back tomorrow].

Trying not to let it get to me, lol.

I'm in the market looking for another trainer to help get me to comp level [I don't want to do a comp, but I want to look like it]. But now I sorta have a sour taste in my mouth with this whole ordeal. Greatttt.

Let us know what happens. I'm interested to see how this dishes out.

kimm4 · 11-05-2009, 07:46 PM

Quote:

Originally Posted by norinicole

*right click on avi*

*save*

Wut?

You know I've already right clicked and saved your entire photo shoot...oh yes...

huh?

Varla · 11-05-2009, 07:48 PM

Not going to lie - some of the photos on bb.com are printed out and sit in my agenda book for motivation. Ooops.

Nightbird573 · 11-05-2009, 07:55 PM

Quote:

Originally Posted by zombieang

no wonder you're in the red

Ya know..I never even noticed the green and red bars there until you just mentioned that. lol Doh!

gymbrat33 · 11-06-2009, 09:13 AM

Report his profile, and they'll delete it. Someone reported mine claiming that my competition and bikini shoot pictures were pornographic(which they are not), and Facebook canceled my account.

Finner · 11-06-2009, 09:24 AM

Quote:

Originally Posted by Varla

The after photos are casual photos on my Facebook with other people cut out? And one that was on my work's facebook page?!

O.K., NOW . . .THAT IS WAY EFFED UP. It's sickening. Whattadick!

I hope you get in touch with him. If all else fails, send him a letter via certified, U.S. Mail, restricted delivery, return-receipt requested, telling him to remove your photos from his site.

On a brighter note - do NOT let his desperate, unprofessional behavior color your view on trainers. Even if you know everything there is to know about working out, a trainer can be immensely helpful and open your eyes to new techniques that are really amazing - especially if you want to train for a comp.

Look around, don't necessarily hire the first trainer you speak with.

Also, with the drive you seem to have (working well without assistance), you may want to consider one of the kick ass women around bb.com and see how training via on-line communication pans out for you. (Jaim91, Kimm4 and Erin are the three that come to mind immediately - no offense to anyone that I didn't list! Thre's a whole SLEW of you awesome betches out there! xoxo)

On the other hand, if you feel you need the physical presence of someone, be really selective in your training. Keeping your goal in mind (a comp), ask around for trainers who have experience in that arena! You want someone who knows what judges are looking for and how to get it!

Best of luck!

norinicole · 11-06-2009, 10:09 AM

Quote:

Originally Posted by Nightbird573

Let us know what happens. I'm interested to see how this dishes out.

Me too.

Quote:

Originally Posted by kimm4

You know I've already right clicked and saved your entire photo shoot...oh yes...

huh?

YES!!!

Quote:

Originally Posted by Varla

Not going to lie - some of the photos on bb.com are printed out and sit in my agenda book for motivation. Ooops.

Lol, I have a folder on my desktop to help with my motivation too.

Quote:

Originally Posted by Finner

O.K., NOW . . .THAT IS WAY EFFED UP. It's sickening. Whattadick!

I hope you get in touch with him. If all else fails, send him a letter via certified, U.S. Mail, restricted delivery, return-receipt requested, telling him to remove your photos from his site.

On a brighter note - do NOT let his desperate, unprofessional behavior color your view on trainers. Even if you know everything there is to know about working out, a trainer can be immensely helpful and open your eyes to new techniques that are really amazing - especially if you want to train for a comp.

Look around, don't necessarily hire the first trainer you speak with.

Also, with the drive you seem to have (working well without assistance), you may want to consider one of the kick ass women around bb.com and see how training via on-line communication pans out for you. (Jaim91, Kimm4 and Erin are the three that come to mind immediately - no offense to anyone that I didn't list! Thre's a whole SLEW of you awesome betches out there! xoxo)

On the other hand, if you feel you need the physical presence of someone, be really selective in your training. Keeping your goal in mind (a comp), ask around for trainers who have experience in that arena! You want someone who knows what judges are looking for and how to get it!

Best of luck!

This.

Nightbird573 · 11-11-2009, 08:55 PM

Whatever happened with this situation??

wiiild · 11-26-2009, 10:50 PM

DUDE. i would be so effing pissed. especially after looking at your progress pictures.. youve made an AMAZING transformation, girl!!! wow!!!!! YOU ARE AWESOME!!! dont let him take advantage of you like that. f him. good luck girl, and you have done wonderful. absolutely great! so inspirational..!

Varla · 11-28-2009, 05:16 PM

I injured my ankle being a dumbass, so I haven't been on bb.com much [wasn't in the gym, so being on here was depressing, ha].

But! He removed all the advertising and half-assed apologized. But not really? He just answered me in short 1-2 word answers, acted annoyed with me like I did something wrong, and then said "Safe to say this conversation is done?" and hung up on me? Jerk.

Oh well, it's over.

Back to the gym this week makes me happy, so no point in being bent on this anymore. But if anyone ever asks me again if I trained with him, I won't feel bad telling them the truth on how much of a douchebag he is.