Regulation of the Council of Ministers of 16 October 2020, amending the Regulation of the Council of Ministers of 9 October 2020 on the establishment of specific restrictions, orders and prohibitions in relation to outbreaks, in principle, established a ban on entrepreneurs from running swimming pools, aquaparks, gyms, clubs and fitness centres, but as in life, there will always be an exception.
This important exception will be found Under section 1 point 1 a amending regulation which provides that, until further notice, a prohibition is laid down on the running of swimming pools, gyms, clubs and fitness centres, excluding swimming pools, gyms, clubs and fitness centres:
- acting in patients undergoing medical activity,
- intended for persons practicing sports in the framework of sports competition, sports activities or sporting events which are indicated Under section 6 section 13 Regulations of 9 October 2020
Legal sports gear
What does this mean for gym people and sports enthusiasts? First of all, that the expression “for sportsmen” is a legal quilt that allows the door to be opened to continue to take care of physical fitness by traffic lovers, also during outbreaks, but under certain conditions.
Sport and organized nature
First,, In order to benefit from the possibility of spreading your physical culture during an epidemic at a pool, gym, club or fitness centre, we must practice sports.
Sport even has its statutory definition and according to Article 2(1) Act dated 25 June 2010 sports are any form of physical activity which, by ad hoc or organised participation, affects the development or improvement of physical and mental health, the development of social relations or the achievement of sporting outcomes at all levels. Interestingly, according to Article 2(1a) The said law also considers sport to be a competition based on intellectual activity, the aim of which is to achieve a sporting result.
The regulation does not distinguish whether we are engaged in amateur or competitive sports, but we must remember that it will be unacceptable to go to the gym alone at any time and individual exercise, because all the exceptions indicated in the regulation are organised forms of physical activity, most often taking place according to a fixed schedule or schedule.
And so, in the case of sports in competition, it will be important that physical activity takes place in the context of competition between players (for example, I exercise and measure results to better fit into competitions), and in the case of sports in the course of classes, it should be conducted by a specific person according to a particular plan (for example, a coach for cross-fit classes or a sports club coach for team sports).
Responsibility for the sanitary regime rests with the organiser
The ability of entrepreneurs to run swimming pools, gyms, clubs and fitness centers, intended for sports professionals as part of sports competition, sports activities or sporting events, even in a limited sanitary regime, may prove to be a lifeline for the fitness and sports industry, although it seems to have been dumped not entirely consciously by the government.
Entrepreneurs who take such a step should bear in mind that the experience so far has taught about the great overzealousness of public power in the enforcement of epidemic bans (even if there are exceptions to them) and that it is the responsibility of entrepreneurs (organisers) to ensure adequate sanitary conditions, including:
- verification of the number of persons participating in sports activities, sporting events, using sports facilities or sports equipment;
- disinfection of locker rooms and sanitary facilities;
- providing means for disinfection of hands and sports equipment;
- disinfection of sports equipment and equipment after each use and of each user group;
- provision 15-minute intervals between entering and leaving participants in sports activities, sports events or using sports facilities or sports equipment or otherwise limiting contact between them.
Author: Michał Skwarek - Council applicant in the legal department Russell Bedford Poland. Graduated from the Faculty of Law and Administration of the University of Warsaw.