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Student-athletes find more power in the changing legal landscape of college sports

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Money disputes abound between student-athletes and universities. Aksonov/E+ via Getty Images

Joshua Lens, University of Iowa

Ever since the NCAA permitted college athletes to get paid by companies that use their names, images and likenesses, athletes have tested the limits of their increasing power.

One of the latest examples is Matthew Sluka, the starting quarterback for UNLV’s first three games of the 2024 season. After helping lead UNLV to three wins and potential contention for a prestigious College Football Playoff bid, Sluka announced on Sept. 24, 2024, he would sit out the rest of the season. His decision is the result of a dispute over compensation for use of his name, image and likeness, commonly referred to as NIL.

While the decision sent shock waves through college athletics, it also shines light on the changing balance of power that favors athletes over their coaches and universities.

As a former lawyer and college athletics compliance administrator – and also as a current university faculty member who has authored several law review articles on legal issues related to NIL – I suggest that Sluka’s situation exemplifies how collegiate athletes can use recent NCAA rules changes to improve their financial situation in the NIL era of college athletics.

Promises and denials

Sluka’s NIL agent claims a UNLV assistant coach failed to fulfill a promise he made Sluka during the recruiting process. That promise, according to Sluka’s agent, was that Sluka would receive US$100,000 of NIL compensation from an NIL collective should he attend UNLV. NIL collectives are generally formed to pool individuals’ and businesses’ funds to provide NIL opportunities and compensation for athletes.

Any such promise by a UNLV assistant coach would violate current NCAA policy. That’s because NCAA policy prohibits coaches from making NIL compensation offers contingent on whether a student enrolls. NIL collectives, on the other hand, may negotiate with athletes during the recruiting process as the result of a U.S. District Court ruling. That ruling prohibits the NCAA from penalizing collectives that negotiate NIL compensation with athletes during the recruiting process.

In a forthcoming BYU Law Review article, however, I suggest that a university whose star athlete transfers because another school’s collective recruited the athlete possesses a viable legal claim against the collective. That claim would be for inducing the athlete to transfer and violate their athletics scholarship agreement.

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UNLV denies Sluka’s version of events. The university asserts that Sluka’s representative demanded more compensation from UNLV and its NIL collective in order for Sluka to continue playing. UNLV says it then refused, as such a “pay-for-play” agreement violates NCAA policy, which states that athletes may not accept NIL compensation based on “play” or on-field results.

Perceptions and ‘pay-to-play’

In Sluka’s case, further complicating things is the issue of whether Sluka’s NIL representative is properly registered with the state as an agent, as required by Nevada law. The state may be interested in pursuing enforcement, given the Nevada secretary of state’s relationship with UNLV’s NIL collective. More specifically, Nevada Secretary of State Francisco V. Aguilar co-founded Blueprint Sports, which operates the collective.

NCAA rules allow a football player to retain a year of eligibility if they play in four or fewer games in a season. Sluka exercised this ability by leaving his team. There is little that UNLV can do about it beyond taking away Sluka’s athletic scholarship for leaving the team.

Universities, however, must be increasingly sensitive to providing the necessary procedures, such as hearings and appeal opportunities, before disciplining athletes in the NIL era. As I explain in a forthcoming SMU Law Review article, a recent U.S. District Court decision involving then-University of Illinois men’s basketball player Terrence Shannon Jr. precluded the university from enforcing its suspension of Shannon without providing appropriate processes, lest he lose out on NIL compensation, which the court classified as a constitutionally protected interest.

A referee makes a ruling on a football field.
Issues of fairness linger in the era of NIL deals for college athletes. David Madison via Getty Images

A slew of lawsuits

Before it granted college athletes the ability to get paid through NIL deals, the NCAA faced long-standing criticism that its policies were unfair to athletes. The argument was that athletes benefited relatively little compared with the NCAA, conferences and universities, even though it was the athletes who provided the product. Along those lines, former college football stars Terrelle Pryor, Reggie Bush and Denard Robinson all recently filed separate lawsuits against the NCAA over denied NIL compensation opportunities.

Some college football luminaries are now questioning whether the pendulum of power has swung too far in favor of athletes in the NIL era. Examples include former Alabama head coach Nick Saban and former Ohio State quarterback and longtime ESPN commentator Kirk Herbstreit. Saban has openly wondered whether the current college football model is sustainable. Herbstreit has lamented “the players having all the control” without any accountability to their coaches and universities.

High-profile college football players, such as quarterbacks Kelly Bryant and D’Eriq King and receiver Gary Bryant Jr., previously exploited NCAA rules permitting them to play in four games and then transfer to another university without sacrificing a season of competition eligibility.

At least publicly, their decisions were due to on-field considerations such as playing time. Sluka’s decision to forgo playing the rest of the season and transfer was different. It is the first time – but likely not the last – a college athlete has publicly based their decision to leave their team mid-season on an NIL dispute.

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Sluka’s departure from UNLV makes clear that collegiate athletes’ power to move freely between universities in pursuit of their best financial situation has greatly increased. Meanwhile, their coaches’ and universities’ power to keep them on the team and participating has significantly decreased.

Joshua Lens, Associate Professor of Instruction of Sport & Recreation Management, University of Iowa

This article is republished from The Conversation under a Creative Commons license. Read the original article.

The Sports section of STM Daily News is your ultimate destination for all things sports, catering to everyday fans and dedicated enthusiasts alike. We cover a wide range of topics, from the thrill of amateur competitions to the excitement of semi-professional and professional leagues. Our content delves into physical and mental fitness, providing insights and tips that help individuals elevate their performance, whether on the field or in their personal wellness journeys. Stay informed and inspired as we explore the dynamic world of sports, celebrating both the passion of the players and the joy of the fans.

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Caitlin Clark, Christine Brennan and how racial stereotypes persist in the media’s WNBA coverage

The “Caitlin Clark effect” has driven record growth in the WNBA, yet Clark’s rookie season ended prematurely, revealing racial tensions and media biases impacting Black athletes’ representation and coverage.

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Indiana Fever guard Caitlin Clark, right, scrambles for a loose ball against Connecticut Sun guard DiJonai Carrington during a game on Aug. 28, 2024. Brian Spurlock/Icon Sportswire via Getty Images

Molly Yanity, University of Rhode Island

The “Caitlin Clark effect,” or the impact on women’s basketball from a ponytailed rookie phenomenon from America’s heartland, is real: The 2024 WNBA season shattered viewership, attendance and merchandise sales records.

Clark, however, didn’t get a chance to compete for a league title.

The Connecticut Sun eliminated Clark’s team, the Indiana Fever, in the first round of the playoffs with a two-game sweep, ending her record rookie-of-the-year campaign.

And it may be just the latest chapter in a complicated saga steeped in race.

During the first game of the series, the fingers of Sun guard DiJonai Carrington hit Clark in the eye as Carrington followed through on a block attempt of a Clark shot.

During the next day’s media availability, USA Today columnist Christine Brennan recorded and posted an exchange between herself and Carrington.

In the brief clip, the veteran sports writer asks Carrington, who is Black, if she purposely hit Clark in the eye during the previous night’s game. Though Carrington insisted she didn’t intentionally hit Clark, Brennan persisted, asking the guard if she and a teammate had laughed about the incident. The questions sparked social media outrage, statements from the players union and the league, media personalities weighing in and more.

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Hit the pause button here.

As a longtime sports writer who has covered the WNBA – and as a journalism scholar who studies women’s sports and fandom – I’ll concede that Brennan’s line of questioning seems, on its face, like business as usual in sports journalism.

After all, haven’t most baseball fans seen a scribe ask a pitcher if he intentionally beaned a batter?

But Brennan’s questions were not asked in a vacuum. The emergence of a young, white superstar from the heartland has caused many new WNBA fans to pick sides that fall along racial lines. Brennan’s critics claim she was pushing a line of questioning that has dogged Black athletes for decades: that they are aggressive and undisciplined.

Because of that, her defense of her questions – and her unwillingness to acknowledge the complexities – has left this professor disappointed in one of her journalistic heroes.

Brennan and much of the mainstream sports media, particularly those who cover professional women’s basketball, still seem to have a racial blind spot.

The emergence of a Black, queer league

When the WNBA launched in 1997 in the wake of the success of the 1996 Olympic gold-medal-winning U.S. women’s basketball team, it did so under the watch of the NBA.

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The NBA set out to market its new product, in part, to a white, heterosexual fan base.

The plan didn’t take hold.

While the league experienced fits and starts in attendance and TV ratings over its lifetime, the demographic makeup of its players is undeniable: The WNBA is, by and large, a Black, queer league.

In 2020, the Women’s National Basketball Players Association reported that 83% of its members were people of color, with 67% self-reporting as “Black/African-American.” While gender and sexual identity hasn’t been officially reported, a “substantial proportion,” the WNBPA reported, identify as LBGTQ+.

In 2020, the league’s diversity was celebrated as players competed in a “bubble” in Bradenton, Florida, due to the COVID-19 pandemic. They protested racial injustice, helped unseat a U.S. senator who also owned Atlanta’s WNBA franchise, and urged voters to oust former President Donald Trump from the White House.

Racial tensions bubble to the surface

In the middle of it all, the WNBA has more eyeballs on it than ever before. And, without mincing words, the fan base has “gotten whiter” since Clark’s debut this past summer, as The Wall Street Journal pointed out in July. Those white viewers of college women’s basketball have emphatically turned their attention to the pro game, in large part due to Clark’s popularity at the University of Iowa.

Money is also pouring into the league through a lucrative media rights deal and new sponsorship partners.

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While the rising tide following Clark’s transition to the WNBA is certainly lifting all boats, it is also bringing detritus to the surface in the form of racist jeers from the stands and on social media.

After the Sun dispatched the Fever, All-WNBA forward Alyssa Thomas, who seldom speaks beyond soundbites, said in a postgame news conference: “I think in my 11-year career I’ve never experienced the racial comments from the Indiana Fever fan base. … I’ve never been called the things that I’ve been called on social media, and there’s no place for it.”

Echoes of Bird and Magic

In “Manufacturing Consent,” a seminal work about the U.S. news business, Edward Herman and Noam Chomsky argued that media in capitalist environments do not exist to impartially report the news, but to reinforce dominant narratives of the time, even if they are false. Most journalists, they theorized, work to support the status quo.

In sports, you sometimes see that come to light through what media scholars call “the stereotypical narrative” – a style of reporting and writing that relies on old tropes.

Scholars who study sports media have found that reporters routinely fall back on racial stereotypes. For example, coverage of Black quarterbacks in the NFL as less intelligent and more innately gifted would go on to hinder the progress of Black quarterbacks.

Man in green jersey shoots a basketball over the outstretched hand of man in yellow jersey.
Magic Johnson defends a shot by Larry Bird during the 1985 NBA Finals. Bob Riha, Jr./Getty Images

In Brennan’s coverage of the Carrington-Clark incident, there appear to be echoes of the way the media covered Los Angeles Lakers point guard Magic Johnson and Boston Celtics forward Larry Bird in the 1980s.

The battles between two of the sport’s greatest players – one Black, the other white – was a windfall for the NBA, lifting the league into financial sustainability.

But to many reporters who leaned on the dominant narrative of the time, the two stars also served as stand-ins for the racial tensions of the post-civil rights era. During the 1980s, Bird and Magic didn’t simply hoop; they were the “embodiments of their races and living symbols of how blacks and whites lived in America,” as scholars Patrick Ferrucci and Earnest Perry wrote.

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The media gatekeepers of the Magic-Bird era often relied on racial stereotypes that ultimately distorted both athletes.

For example, early in their careers, Bird and Johnson received different journalistic treatment. In Ferrucci and Perry’s article, they explain how coverage of Bird “fit the dominant narrative of the time perfectly … exhibiting a hardworking and intelligent game that succeeded despite a lack of athletic prowess.” When the “flashy” Lakers and Johnson won, they wrote, it was because of “superior skill.”

When they lost to Bird’s Celtics, they were “outworked.”

Framing matters

Let’s go back to Brennan.

Few have done more for young women in the sports media industry than Brennan. In time, energy and money, she has mentored and supported young women trying to break into the field. She has used her platform to expand the coverage of women’s sports.

Brennan defended herself in a lengthy interview on the podcast “Good Game with Sarah Spain”:

“I think [critics are] missing the fact of what I’m trying to do, what I am doing, what I understand clearly as a journalist, asking questions and putting things out there so that athletes can then have an opportunity to answer issues that are being discussed or out there.”

I don’t think Brennan asking Carrington about the foul was problematic. Persisting with the narrative was.

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Leaning into racial stereotypes is not simply about the language used anymore. Brennan’s video of her persistent line of questioning pitted Carrington against Clark. It could be argued that it used the stereotype of the overly physical, aggressive Black athlete, as well.

At best, Brennan has a blind spot to the strain racism is putting on Black athletes today – particularly in the WNBA. At worst, she is digging in on that tired trope.

A blind spot can be addressed and seen. An unacknowledged racist narrative, however, will persist.

Molly Yanity, Professor and Director of Sports media and Communication, University of Rhode Island

This article is republished from The Conversation under a Creative Commons license. Read the original article.

The Bridge is a section of the STM Daily News Blog meant for diversity, offering real news stories about bona fide community efforts to perpetuate a greater good. The purpose of The Bridge is to connect the divides that separate us, fostering understanding and empathy among different groups. By highlighting positive initiatives and inspirational actions, The Bridge aims to create a sense of unity and shared purpose. This section brings to light stories of individuals and organizations working tirelessly to promote inclusivity, equality, and mutual respect. Through these narratives, readers are encouraged to appreciate the richness of diverse perspectives and to participate actively in building stronger, more cohesive communities.

https://stmdailynews.com/the-bridge

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Lifestyle

Cycling can make seniors healthier and more independent − here’s how to design bikes and networks that meet their needs

Seniors are increasingly interested in cycling. Research identifies senior-friendly bike designs and infrastructure improvement needs to enhance physical activity and independence among older adults.

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Residents at RiverWoods-Exeter, a senior living complex in New Hampshire, on a two-seat three-wheeled cycle. RiverWoods-Exeter, CC BY-ND

Anne Lusk, Boston University

Most senior citizens get around in their daily lives by driving, walking or using public buses and subways. But many people in their 60s and 70s could potentially be interested in other options, such as cycling. At a time when cycling is growing in the U.S. and the overall population is aging, seniors’ preferences for bike designs and bike networks are very relevant.

Older people may have concerns about riding a two-wheeled bike if they are afraid of falling – a risk that increases with age and causes many seniors to become less active. Many cities and communities are working to create safer bike networks, but these are designed for young, physically fit bikers, who are less afraid to bike near cars and don’t need an occasional bathroom break.

Some seniors live in assisted living complexes or memory care facilities that have roads, sidewalks and paths for residents pushing walkers. However, these complexes don’t usually have bike storage rooms, bike loops or safe bike pathways to local parks and stores.

I am a researcher in architecture – with a focus on environment and behavior – and a senior, and I have studied bikes and bike networks for over 43 years. In my latest project, I worked with Seth Gale, a behavioral neurologist; Linda Mazie, a health and wellness coach who works with seniors; and Heidi Savage, a fitness director who also works with seniors, to learn from older people what kinds of bicycles and bike networks would help them stay active and independent through cycling. https://www.youtube.com/embed/vrrzFnzYUXI?wmode=transparent&start=0 In the Netherlands, where many people of all ages routinely ride bikes, local officials take a tour with older riders to identify spots that seniors find particularly unsafe on their route.

We found that a majority of the seniors whom we surveyed and who test-rode three bikes preferred a three-wheeled adult tricycle or a two-seat model that lets riders sit side by side. For infrastructure, their key requirements included bike loops, separation from cars and nearby bathrooms.

Benefits of biking for seniors

Many older people in the U.S. don’t get enough physical activity for healthy aging. A 2016 study by the Centers for Disease Control and Prevention found that more than one-fourth of all adults over 50 did not engage in any physical activity outside of work. This share increased with age and was higher among people with chronic diseases such as cancer, diabetes and depression. Inactivity was significantly higher among women than men, and among Black and Hispanic seniors compared with white seniors.

Biking provides many health benefits, including cardiovascular exercise, stronger muscles, better coordination and lower stress levels. It also offers benefits that are particularly relevant for seniors. For example, one study found that cycling for at least one hour per week significantly improved older people’s balance, potentially making them less vulnerable to falls.

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There also are findings suggesting that exercise may help slow the progression of Alzheimer’s disease. For example, one study showed that when mice exercised on a wheel, their muscles produced irisin, a hormone that supports cognitive function. The irisin passed into their brain, improving memory and spatial awareness.

Senior-friendly bikes

For our study, we distributed surveys with pictures of senior-friendly bikes and questions about bike networks to 178 seniors in four senior communities in Massachusetts and New Hampshire. Participants ranked the pictures according to how well they liked the various bike designs and offered more comments while seeing the pictures on a large screen.

We also borrowed three senior-friendly bikes made by Van Raam, a Dutch company that designs bikes for a wide range of special needs. These models included:

  • A three-wheeled bike for side-by-side riders who each have handlebars and who can pedal together while one steers.
  • An adult tricycle with a back rest and low center of gravity.
  • A two-wheeled bike with a low center bar that makes it easy to step through when getting on or off.

Fifty seniors at RiverWoods-Exeter, a senior living complex in New Hampshire, and Fox Hill Village, an independent living community for seniors in Westwood, Massachusetts, were invited to test-ride the three models and complete a survey about their experiences.

Designing bike networks for older riders

Based on photos, participants were most enthusiastic about the adult tricycle and also were interested in the two-seat three-wheeler. Adult tricycles are harder to pedal than bikes with two wheels, and rounding corners involves turning the handlebars without leaning, so these models have a learning curve. However, they offer stability, which clearly was important to the people in our study.

Among seniors who did test rides, the most popular model was the single-seat three-wheeled bike. Unlike a low recumbent bicycle, this bike’s seat is about as high as a chair, and unlike an adult tricycle, it has a back rest.

Participants’ second choice was the three-wheeled two-seater bike, which has seats with backs, arm rests and seat belts. Fewer participants were willing to test-ride the two-wheeled regular bike with a low center bar; those who tried it were already comfortable riding two-wheeled bikes.

Comments were enthusiastic, especially for the two-seater bike. Seniors wrote, “I like the social aspect and teamwork”; “I see this as an asset to our community”; and, simply, “Awesome!!!”

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A standing woman speaks to a woman sitting on a specially designed three-wheeled cycle, with another cycle in the background.
Linda Mazie gives directions to a senior test-riding an adult tricycle. A two-seater bike sits ready for other test riders. Anne Lusk, CC BY-ND

Some noted that the two-seater could work for seniors who were caregivers for their spouses. One husband wrote, “This would be great to ride with my wife, who hasn’t ridden a bike for 50 years.”

In response to survey questions about the most important features of a senior-friendly bike network, participants said they wanted to be able to bike for 30 minutes at a stretch, ride twice a week and have a bathroom available.

For a network added to their assisted living complexes, they wanted a cycling loop on-site; a route to a destination outside the complex; a smooth, flat riding surface with grass shoulders; and picnic tables and water nearby. Participants felt that cars traveled too fast in their residential complexes, so they wanted to ride on separated paths rather than on existing roads.

Our findings echo other studies that have shown that senior cyclists want to ride in protected bike lanes or separate paved paths, rather than in street traffic. Because many seniors have limited vision, another feature that can make bike paths safer for them is light-colored demarcation strips at the edges of the path to help older riders avoid veering off the main cycle path, especially at night.

Pedaling ahead

Here are the key steps that I believe would be required to develop findings like ours into scalable bicycling programs for seniors in the U.S.

Some seniors might appreciate having classes to relearn how to ride a two-wheeled bike, or to ride with another person on a two-seater model. Assisted living complexes could install bike storage sheds and buy several senior-friendly bikes for residents to ride.

Protected bike lanes could be made more senior-friendly by building them level with the adjoining sidewalk, so that a third wheel could rest on the edge of the parallel sidewalk. Lanes optimized for senior riders would be continuous and have bicycle traffic signals, raised crosswalks and nearby public bathrooms with signs leading to them.

Routes could run from residential neighborhoods to destinations such as coffee shops, post offices, grocery and drugstores, and parks. Destinations could provide space to park and lock the bikes while riders shopped or had coffee.

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The U.S. has an aging population, and seniors’ health is an important concern for seniors themselves, their caregivers and taxpayers. There is strong evidence that increased bicycle use by seniors could help many people live healthier and more independent lives well into their golden years.

Anne Lusk, Lecturer in Urban Agriculture, Boston University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Our Lifestyle section on STM Daily News is a hub of inspiration and practical information, offering a range of articles that touch on various aspects of daily life. From tips on family finances to guides for maintaining health and wellness, we strive to empower our readers with knowledge and resources to enhance their lifestyles. Whether you’re seeking outdoor activity ideas, fashion trends, or travel recommendations, our lifestyle section has got you covered. Visit us today at https://stmdailynews.com/category/lifestyle/ and embark on a journey of discovery and self-improvement.

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Altea Ottawa, Canada’s Largest Premium Fitness and Wellness Club, opens its doors in Ottawa!

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OTTAWA, ON. /CNW/ – Altea Ottawa is thrilled to announce its doors are now open to the public! Located at 1660 Carling Avenue, this impressive 129,000-square-foot flagship club sets a new standard in fitness, wellness, and community spaces in the national capital region.

Altea Ottawa redefines the fitness experience by offering a wide variety of boutique fitness classes, 6 indoor pickleball courts and premium wellness amenities.

It offers an extensive range of premium fitness and wellness offerings, including a one-of-a-kind Hot Yoga Studio, a theatre-style Cycle Studio, a Boxing Studio, a Fusion Studio offering Barre and Mat Pilates, two LF3 Functional Strength & HIIT Training Studios, a Reformer Pilates Studio, a Signature Studio offering multiple high-energy Strength, Metcon and HIIT formats, as well as an exclusive Women’s Only Fitness Suite and a Recovery Lounge. The club will expand in Spring 2025 with the opening of a state-of-the-art Aquatic Centre featuring a 25-metre lap pool, luxury hot tub, and children’s pool.

Additional highlights of the new Altea Ottawa include:
– Over 350 classes offered weekly across 9 Boutique Fiùtness Studios
– An impressive six-court indoor Pickleball Club
– Supervised on-site childcare
– Smoothie bar and full-service Starbucks

“We’ve been blown away by the public’s interest in Altea. We are excited to offer a premium fitness and wellness experience that is unique and unmatched,” said Jeff York, CEO of Altea Active. “Ottawa residents are clearly ready to embrace our purpose-driven spaces that seamlessly blend fitness, wellness, and community.”

Thousands of people have already signed up as Founding Members, and nearly 200 part-time and full-time employees have been hired to join the team at Altea Ottawa.

“We’ve built a strong team that is eager to deliver on our promise of delivering the best premium fitness and wellness experiences” continued York. “Because of the club’s size, amenities and unique blend of personal training and boutique fitness classes, we are able to offer personal trainers and fitness instructors stable full-time employment in one facility doing what they love- helping people. This opportunity is truly unique and will benefit our members and team tremendously as we build a team of bought-in, passionate and hardworking individuals.”

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Altea Ottawa joins Altea’s portfolio of clubs across Canada, with existing locations in Winnipeg, Toronto, and Vancouver. Known for its commitment to creating welcoming and empowering spaces, Altea combines industry-leading fitness and wellness experiences with amenities that support social, family, and community well-being designed to drive value and convenience for Canadians.

For more information about Altea Ottawa and to join, visit http://www.alteaactive.com.

Related information:

About Altea:

Founded by a team of fitness industry veterans, and quickly emerging as one of Canada’s premier health and wellness brands, Altea is changing the face of Canadian health and fitness by balancing the most important aspects of our lives – community, family, and mental, physical, and social well-being.

Altea currently features a state-of-the-art 80,000-square-foot facility in Winnipeg, Manitoba (opened November 2019), an 89,000-square-foot social wellness club in Toronto’s Liberty Village neighbourhood (opened March 2022), and a 43,000-square-foot location in Vancouver’s Mount Pleasant community (opened November 2023). In 2025, Altea is planning to open a new Avant by Altea location in Yorkville, featuring personalized results-driven concierge service and high-end amenities to all members. Visit alteaactive.com for more information.

SOURCE Altea Active

Get the latest updates and information on the rapidly growing sport of pickleball, specifically designed for the senior community aged 50+. Check out Sleeve’s Senior Pickleball Report on YouTube to stay informed and up-to-date with the ever-changing world of pickleball. Join the community and stay ahead of the game. https://stmdailynews.com/sleeves-senior-pickleball-report/

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