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	<title>Comments on: BUTTERFLY LIFE FRANCHISE: CEO Claims Fitness Chain&#8217;s Still Fluttering Along</title>
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		<title>By: Still Here</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-305475</link>
		<dc:creator>Still Here</dc:creator>
		<pubDate>Wed, 23 Sep 2009 17:35:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.franchisepick.com/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/#comment-305475</guid>
		<description>BFL annual update..........rumor has it that Diversified Health &amp; Fitness has sent all contracts purchased from Butterly Life to collection agencies and that Mark Golob and Tom Gergley are holed up in their homes to avoid being served by various groups who are going after them.  If this is true, I couldn&#039;t be happier for a more deserving group of people!!!!.....and life goes on with a smile on my face........</description>
		<content:encoded><![CDATA[<p>BFL annual update&#8230;&#8230;&#8230;.rumor has it that Diversified Health &amp; Fitness has sent all contracts purchased from Butterly Life to collection agencies and that Mark Golob and Tom Gergley are holed up in their homes to avoid being served by various groups who are going after them.  If this is true, I couldn&#8217;t be happier for a more deserving group of people!!!!&#8230;..and life goes on with a smile on my face&#8230;&#8230;..</p>
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		<title>By: La Ella</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-296267</link>
		<dc:creator>La Ella</dc:creator>
		<pubDate>Sun, 26 Oct 2008 07:34:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.franchisepick.com/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/#comment-296267</guid>
		<description>As did carol cross, I must correct my October 22 post.  Third paragraph, last sentence should have read &quot;before&quot; 1990 instead of &quot;after&quot; 1990.

Where is Bob Purvin these days?</description>
		<content:encoded><![CDATA[<p>As did carol cross, I must correct my October 22 post.  Third paragraph, last sentence should have read &#8220;before&#8221; 1990 instead of &#8220;after&#8221; 1990.</p>
<p>Where is Bob Purvin these days?</p>
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		<title>By: carol cross</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-296256</link>
		<dc:creator>carol cross</dc:creator>
		<pubDate>Fri, 24 Oct 2008 18:47:37 +0000</pubDate>
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		<description>Corrections!   Typed too fast!  First paragraph should read &quot;Of course,  the SBA is not AWARE&quot;  instead of not &quot;AWAY.&quot;   Fifth paragraph should read &quot;would remain &quot;LOW enough&quot;  instead of would remain &quot;LOAN&quot; enough.

Sorry about that!</description>
		<content:encoded><![CDATA[<p>Corrections!   Typed too fast!  First paragraph should read &#8220;Of course,  the SBA is not AWARE&#8221;  instead of not &#8220;AWAY.&#8221;   Fifth paragraph should read &#8220;would remain &#8220;LOW enough&#8221;  instead of would remain &#8220;LOAN&#8221; enough.</p>
<p>Sorry about that!</p>
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		<title>By: carol cross</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-296247</link>
		<dc:creator>carol cross</dc:creator>
		<pubDate>Fri, 24 Oct 2008 18:34:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.franchisepick.com/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/#comment-296247</guid>
		<description>to Unbelievable!    It is unbelievable!  I agree!         

Yes!  Based on my research,  the same would hold true if it was 75% --and probably the SBA would guarantee the loans if the franchise  didn&#039;t reflect a very high rate of default in the SBA system.  It is my belief that the SBA will guarantee loans as long as the franchisor has an FDD and a signed contract that protects the franchisor from claims of fraudulent inducement in the courts.  The SBA is,  of course,  not away of the failure of franchisees who negotiate other than SBA Loans or who continue to pay on startup debt of loans in order to avoid bankruptcy and the loss of their collateral,  usually their home.      

 Remember that both Robert Purvin (Author of Franchise Fraud)  of the AAFD and Susan Kezios of the American Franchisee Assolciation have indicted to the FTC over ten years ago in public statements  that the failure to make the franchisor disclose any historical financial performance statistics on a UNIT basis to new buyers of their franchise is, in their opinion,  misleading by omission.     

Please Read the Franchise Times Article &quot;Experts weigh in on franchisees&#039; lawsuit against Peaberry Coffee&quot;  in a GOOGLE Search.   You see that an Expert Witness,  Michael Seid,  who wrote the book &quot;Franchising for Dummies&quot;  defends that franchisors need only to comply with the FTC Rule to legally sell franchises to the public.       

How did the FTC come to design a Rule that would permit franchisors to hide/obscure the failure rate and profitability rate of units in their systems from new buyers of the franchise?  

Of course,  the government  didn&#039;t intend that franchisors would use the FTC Rule to  sell franchises with 75% or 50% or 30% or 20% failure rates and hoped,  I assume,  that the failure rates and unprofitability rates of franchises would remain loan enough to fly under the radar ----say 10% or less.  

They goverment  rationalized,  I&#039;m sure,  that those 10% who failed shouldn&#039;t be allowed to take down the franchisor and the franchisees who would succeed because, of course,  franchising does feed the economy and,  therefore,  the greater good.   If franchisors could be successfully sued in arbitration or the courts for fraudulent inducement to contract and the franchisees were returned to &quot;whole&quot;  the cost to the franchisors could threaten their existence.  

But,  when franchisors are permitted under the FTC Rule and the state FDD&#039;s to sell franchises at any degree of risk of failure and lack of profitability as indicated by unit historical performance of the system,   this is WRONG and should be stopped.   

The franchisors know that the present status quo of law and regulation together with their signed boilerplate/adhesory/self-serving contracts generally protect them in the courts because the courts are obligated and have the duty to uphold the written words of commercial contracts and to support federal regulatory policy that is driven by the will of The Congress of the United States.</description>
		<content:encoded><![CDATA[<p>to Unbelievable!    It is unbelievable!  I agree!         </p>
<p>Yes!  Based on my research,  the same would hold true if it was 75% &#8211;and probably the SBA would guarantee the loans if the franchise  didn&#8217;t reflect a very high rate of default in the SBA system.  It is my belief that the SBA will guarantee loans as long as the franchisor has an FDD and a signed contract that protects the franchisor from claims of fraudulent inducement in the courts.  The SBA is,  of course,  not away of the failure of franchisees who negotiate other than SBA Loans or who continue to pay on startup debt of loans in order to avoid bankruptcy and the loss of their collateral,  usually their home.      </p>
<p> Remember that both Robert Purvin (Author of Franchise Fraud)  of the AAFD and Susan Kezios of the American Franchisee Assolciation have indicted to the FTC over ten years ago in public statements  that the failure to make the franchisor disclose any historical financial performance statistics on a UNIT basis to new buyers of their franchise is, in their opinion,  misleading by omission.     </p>
<p>Please Read the Franchise Times Article &#8220;Experts weigh in on franchisees&#8217; lawsuit against Peaberry Coffee&#8221;  in a GOOGLE Search.   You see that an Expert Witness,  Michael Seid,  who wrote the book &#8220;Franchising for Dummies&#8221;  defends that franchisors need only to comply with the FTC Rule to legally sell franchises to the public.       </p>
<p>How did the FTC come to design a Rule that would permit franchisors to hide/obscure the failure rate and profitability rate of units in their systems from new buyers of the franchise?  </p>
<p>Of course,  the government  didn&#8217;t intend that franchisors would use the FTC Rule to  sell franchises with 75% or 50% or 30% or 20% failure rates and hoped,  I assume,  that the failure rates and unprofitability rates of franchises would remain loan enough to fly under the radar &#8212;-say 10% or less.  </p>
<p>They goverment  rationalized,  I&#8217;m sure,  that those 10% who failed shouldn&#8217;t be allowed to take down the franchisor and the franchisees who would succeed because, of course,  franchising does feed the economy and,  therefore,  the greater good.   If franchisors could be successfully sued in arbitration or the courts for fraudulent inducement to contract and the franchisees were returned to &#8220;whole&#8221;  the cost to the franchisors could threaten their existence.  </p>
<p>But,  when franchisors are permitted under the FTC Rule and the state FDD&#8217;s to sell franchises at any degree of risk of failure and lack of profitability as indicated by unit historical performance of the system,   this is WRONG and should be stopped.   </p>
<p>The franchisors know that the present status quo of law and regulation together with their signed boilerplate/adhesory/self-serving contracts generally protect them in the courts because the courts are obligated and have the duty to uphold the written words of commercial contracts and to support federal regulatory policy that is driven by the will of The Congress of the United States.</p>
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		<title>By: BUTTERFLY LIFE: Is New HQ a P.O. Box in a UPS Store?</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-296253</link>
		<dc:creator>BUTTERFLY LIFE: Is New HQ a P.O. Box in a UPS Store?</dc:creator>
		<pubDate>Fri, 24 Oct 2008 15:40:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.franchisepick.com/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/#comment-296253</guid>
		<description>[...] Related:&#160; BUTTERFLY LIFE FRANCHISE: CEO Claims Fitness Chain’s Still Fluttering Along [...]</description>
		<content:encoded><![CDATA[<p>[...] Related:&nbsp; BUTTERFLY LIFE FRANCHISE: CEO Claims Fitness Chain’s Still Fluttering Along [...]</p>
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		<title>By: Barb</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-296246</link>
		<dc:creator>Barb</dc:creator>
		<pubDate>Fri, 24 Oct 2008 14:36:54 +0000</pubDate>
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		<description>I want to ask people in Butterfly fitness or former owners if their equipment was Life Fitness?  I saw a video of people exercising on You Tube and many of the the equipment that is adjustable to your leval of fitness resembles 123 Fit&#039;s equipment.  Is Butterfly Fitness over ten years old?  Does Butterfly Fitness still get their equipment from Life Fitness?</description>
		<content:encoded><![CDATA[<p>I want to ask people in Butterfly fitness or former owners if their equipment was Life Fitness?  I saw a video of people exercising on You Tube and many of the the equipment that is adjustable to your leval of fitness resembles 123 Fit&#8217;s equipment.  Is Butterfly Fitness over ten years old?  Does Butterfly Fitness still get their equipment from Life Fitness?</p>
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		<title>By: sean</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-296248</link>
		<dc:creator>sean</dc:creator>
		<pubDate>Fri, 24 Oct 2008 14:15:16 +0000</pubDate>
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		<description>The website is back up.
Despite saying they are not selling franchises, the franchise recruitment sections are still up and prominent.

&lt;i&gt;the way the new corporate office is a PO box in a UPS store...&lt;/i&gt;
The corporate office resides within a UPS Store?
How&#039;s that for franchise irony?</description>
		<content:encoded><![CDATA[<p>The website is back up.<br />
Despite saying they are not selling franchises, the franchise recruitment sections are still up and prominent.</p>
<p><i>the way the new corporate office is a PO box in a UPS store&#8230;</i><br />
The corporate office resides within a UPS Store?<br />
How&#8217;s that for franchise irony?</p>
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		<title>By: Unbelievable</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-296241</link>
		<dc:creator>Unbelievable</dc:creator>
		<pubDate>Fri, 24 Oct 2008 13:42:03 +0000</pubDate>
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		<description>A P.O. Box?? You&#039;ve got be kidding! I used to think Cathy G. had some integrity but she&#039;s right there with them telling everyone about there move to the new office..never mentioning it was a PO Box. I&#039;d have to agree...they down-sized alright!</description>
		<content:encoded><![CDATA[<p>A P.O. Box?? You&#8217;ve got be kidding! I used to think Cathy G. had some integrity but she&#8217;s right there with them telling everyone about there move to the new office..never mentioning it was a PO Box. I&#8217;d have to agree&#8230;they down-sized alright!</p>
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		<title>By: Unbelievable</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-296252</link>
		<dc:creator>Unbelievable</dc:creator>
		<pubDate>Fri, 24 Oct 2008 12:38:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.franchisepick.com/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/#comment-296252</guid>
		<description>Carol - Based on your research, would the same hold true if 75% or more of the franchisees fail?</description>
		<content:encoded><![CDATA[<p>Carol &#8211; Based on your research, would the same hold true if 75% or more of the franchisees fail?</p>
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		<title>By: Ready to Pounce</title>
		<link>http://www.everyjoe.com/articles/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/comment-page-1/#comment-296269</link>
		<dc:creator>Ready to Pounce</dc:creator>
		<pubDate>Fri, 24 Oct 2008 02:40:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.franchisepick.com/butterfly-life-franchise-ceo-claims-fitness-chains-still-fluttering-along/#comment-296269</guid>
		<description>All I can can about these two is they have yet to see the hell that is about to rain down upon them and their famalies. And by the way the new corporate office is a PO box in a UPS store and the phone numbers are cell phones.

Not to mention that these jokers are not smart enough and to cheap to ever have a mail server or web server. My guess is that did&#039;nt pay someone. I haven&#039;t done the math yet but maybe someone can figure out the perecentage of clubs listed as closed or never opened compared to the advertised &quot;218&quot; open.

What about Japan? Ireland &amp; the Bahamas they&#039;ve dropoped off the map.

These 2 sociopaths are the lowest of low and the sad thing is that they dragged their families into it as well, although [del] isn&#039;t bright enough to get a real job anyway, he had no choice. And as far as the &quot;loyal&quot; employess that are still with these dirtbags... get a real job and maybe you&#039;ll get you&#039;re self respect back. As far as I&#039;m concerned your complicit and subject to the same consequences that these jokers will face. 

G&amp;G I hope you like institutional food that is if someone doesn&#039;t steal it from you before you can eat it.</description>
		<content:encoded><![CDATA[<p>All I can can about these two is they have yet to see the hell that is about to rain down upon them and their famalies. And by the way the new corporate office is a PO box in a UPS store and the phone numbers are cell phones.</p>
<p>Not to mention that these jokers are not smart enough and to cheap to ever have a mail server or web server. My guess is that did&#8217;nt pay someone. I haven&#8217;t done the math yet but maybe someone can figure out the perecentage of clubs listed as closed or never opened compared to the advertised &#8220;218&#8243; open.</p>
<p>What about Japan? Ireland &amp; the Bahamas they&#8217;ve dropoped off the map.</p>
<p>These 2 sociopaths are the lowest of low and the sad thing is that they dragged their families into it as well, although [del] isn&#8217;t bright enough to get a real job anyway, he had no choice. And as far as the &#8220;loyal&#8221; employess that are still with these dirtbags&#8230; get a real job and maybe you&#8217;ll get you&#8217;re self respect back. As far as I&#8217;m concerned your complicit and subject to the same consequences that these jokers will face. </p>
<p>G&amp;G I hope you like institutional food that is if someone doesn&#8217;t steal it from you before you can eat it.</p>
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