AN UPDATE ON HFA’S EFFORTS ACROSS THE GLOBE

States of Action: California and Oregon

HFA makes inroads in California on the eve of its first-ever state Fly-In. Meanwhile, HFA helps stop a liability waiver bill in Oregon.

(l to r) ENDO Fitness CEO Bob Rodger, Andrew Mock, MD, and California Assemblymember David Tangipa.

HFA is pressing forward on multiple legislative fronts on the West Coast. First, in California, HFA is supporting three bills in the state Assembly while preparing for its inaugural California State Advocacy Fly-In on May 18–19 in Sacramento.

On April 17, Cassie Losey, HFA senior manager of state affairs, testified before the California State Assembly in support of AB 2330, the Cold Spa Modernization Act, a bill sponsored by HFA and authored by Assemblymember Tasha Boerner of District 77. The legislation would establish formal legal definitions for cold plunge tubs and cold spas in California, drawing a clear regulatory distinction between those immersion facilities and conventional recreational pools and hot tubs. Losey testified at two separate Assembly hearings advancing the bill, underscoring HFA’s active role in shepherding the measure through committee.

Alongside AB 2330, HFA is a co-sponsor of AB 2402, the CA Price Caps Bill, which would eliminate the existing annual $4,400 ceiling on multi-service health club memberships. Proponents argue that the cap, a holdover from an earlier regulatory era, no longer reflects the breadth and cost of modern fitness and wellness programming. Removing it would give operators and consumers greater flexibility in structuring and purchasing club memberships going forward.

The third bill, AB 2533, known as the CA PHIT Act, marks a milestone in California legislative history. Introduced by Assemblymember David Tangipa, it is the first bill ever introduced and heard in a California Assembly committee that creates a tax incentive specifically tied to physical fitness. HFA is the primary sponsor.

The legislation would exclude employer-provided fitness benefits—including gym memberships and fitness class expenses—from an employee’s state taxable gross income. By treating those benefits as tax-free compensation, the bill is designed to encourage employers to subsidize fitness access and reduce the out-of-pocket cost to workers. Bob Rodger, CEO of ENDO Fitness, and Andrew Mock, MD, appeared before the committee in support of the measure.

On a separate regulatory track, Charles Regnante, HFA senior manager of government affairs, participated directly in a rulemaking hearing focused on reforming the Private Attorneys General Act (PAGA). The California law allows employees to file suit against employers and collect civil penalties on behalf of the state for alleged labor code violations. Although it was enacted to bolster enforcement of labor standards, PAGA has increasingly been used in litigation targeting fitness industry operators. Regnante engaged in the proceedings to push for reforms that would reduce exposure to what HFA describes as predatory legal action against clubs and studios.

The legislative activity sets the stage for HFA’s California State Advocacy Fly‑In, taking place May 18–19 during National Physical Fitness and Sports Month. The event will include an Assembly floor resolution presentation, a legislator luncheon and reception, a morning workout, and a full day of meetings with legislators who serve on the tax and health committees considering HFA‑supported bills. Together with the three bills moving through the legislature, the Fly‑In marks an expansion of HFA’s commitment to shaping California’s policy environment as the fitness and wellness industry evolves.

Losey

Fitness Facilities Score Major Victory in Oregon

In Oregon, legislation was signed into law protecting the enforceability of liability waivers for fitness facilities, providing critical legal clarity and protection for operators across the state.

Leading the fight with the HFA advocacy team was the Oregon Health and Fitness Alliance (OHFA) and Jim Zupancic, chairman and general counsel for Stafford Hills Club in Tualatin, Oregon.

This was a hard-fought win for the industry, according to Zupancic, who knows his way around the political and legal worlds. A practicing attorney for 46 years, he once served as general counsel to the California Ways and Means Committee. He explained that a 2014 Oregon Supreme Court decision in Bagley v. Mount Bachelor made liability waivers unenforceable in the state, creating significant legal and financial risks for recreational and fitness businesses.

“The Court declared that as a matter of law and public policy that in Oregon these waivers were not going to be enforced anymore,” he says. “You can imagine the outcry from a number of different industries, including ours.”

The case stemmed from an unfortunate ski accident, yet it affected nearly every sector.

“We're not the same as the ski industry, but even if we were, that's a pretty broad brush to paint over a very complicated problem,” Zupancic says.

What turned the tide was a coalition of businesses that worked with OHFA to change the law.

“It started as a coalition between the ski industry and the fitness industry, but then it started to grow until it eventually started to attract literally hundreds of different kinds of businesses, even nonprofits,” he says.

In the end, the coalition was able to enlist enough legislators, with an assist from Oregon Gov. Tina Kotek, to push Senate Bill 1517 over the finish line after significant opposition from trial lawyers and other special interests.

Zupancic, a driving force behind the creation of OHFA, credits the coalition that worked with lawmakers to make the change.

“I'm not saying that it would work the same way in every other state, but for us, having a very broad coalition was the only way that we were going to get heard,” he says. “Building this kind of coalition is an important strategic approach that every HFA-affiliated group in other states should consider.”

Zupancic is a former HFA board member and values the advocacy work being done by the association.

“HFA gives us a strategic presence in Congress, which is essential, but it also gives us a connection point for other local associations and provides us with access to data.”

The bottom line for Zupancic is that advocacy work is worth the effort to protect the important role the fitness industry serves for the public.

"What we do matters to our communities and matters to our society,” he says. “I'm in this business because I care about people, and we help them live healthier, happier lives. And if that's the case, then we have to engage in the legislative and legal arenas because all of those things affect our ability to deliver this service to our communities."

Zupancic

“What we do matters to our communities and matters to our society. … We have to engage in the legislative and legal arenas because all of those things affect our ability to deliver this service to our communities.”
• Jim Zupancic

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