The NSCA Tries to Drop Their Case Against CrossFit

Good morning and welcome to the Morning Chalk Up. Today’s edition is fueled by FNX, the official supplement sponsor of the Morning Chalk Up.

Adrian Conway and FNX is giving away a truck on December 17th with thousands of dollars of prizes included! The value is well over $20k already, click here to have a chance at winning being the winner of the largest giveaway ever in the fitness space!

There are 9 days until the Dubai CrossFit Championship kicks off. 

“Go for someone who is proud to have you.” — Frank Ocean 

NSCA Drops Defamation Suit Amid “Extraordinary” Legal Costs

What happened?

On Thursday, November 29, the National Strength and Conditioning Association (NSCA) voluntarily withdrew their defamation suit again CrossFit,

“The NSCA continues to believe that it was defamed and its reputation harmed by false published statements made by [CrossFit]”, said NSCA Executive Director Michael Massik.

In a statement provided to Morning Chalk Up, CrossFit founder and chairman Greg Glassman described the move to withdraw as “cowardly” and an attempt to “conceal evidence that the NSCA has tried to hide from CrossFit, the court, and the public.”

“There’s no way we will let the NSCA run and hide from the fact that its case never had any merit, especially after the NSCA personally attacked CrossFit, two of its employees, and me,” Glassman said. “We will show that this was always a malicious prosecution intended to prevent CrossFit from revealing the full scope of the NSCA’s misconduct and financial ties to broader organizations also trying to harm CrossFit. Because for us, this has always been about shining a light on the truth and the NSCA’s unlawful behavior, not about money.”

Remind me.

The NSCA has been locked in a years-long legal battle with CrossFit. It all started with the now famous 2013 study which published false and misleading information concluding, in short, that CrossFit was dangerous. That erroneous conclusion thrust CrossFit HQ into a multi-year battle to re-educate the public and press that CrossFit was, in fact, not dangerous.

Then in 2016, the court found that “the NSCA fabricated the injury data and published them in [the Journal of Strength and Conditioning]…with the intention of protecting its market share in the fitness industry and diminishing the burgeoning popularity of the CrossFit program.”  

Yep. I remember now. So what’s changed?

Specifically, the cost of this legal fight. 

For starters, they failed to comply with court orders on multiple occasions. After failing to turn over documents they had to pay “7 figures” to hire a forensic accounting firm to ensure they fully complied with the request.

Then in May 2017, the court awarded CrossFit $400,00 in attorneys’ fees.

Once again, due to numerous failures to comply with the court’s orders, another outside agency was hired. This and other failures forced their own insurance agency to, in turn, sue the NSCA so they’d no longer be liable to pay damage. That suit is still being reviewed.

What’s next?

The case isn’t dismissed yet. The judge will have the final say as to whether that will happen.

Coffee Break Conversations

So, you keep catching the same cold…

It’s so people-y in here. It’s getting darker earlier and colder outside, and we’re spending more time inside with people and all the germs they carry with them. You can help your immune system keep up with these fruits and vegetables. Plus, they take better than antibiotics, so…

Really, we just really love dogs…

So we’re including this fun fact. A recent study of almost 1,000 women found that the ones that slept with a dog went to bed earlier, slept better, and got up earlier too. “Compared with human bed partners, dogs who slept in the owner’s bed were perceived to disturb sleep less and were associated with stronger feelings of comfort and security,” the study says. Not so much with cats, sorry not sorry. 

Things To…

WATCH: A Day With Jacob Heppner

You ever wonder what Jacob Heppner does in a day? I mean, really. The man has a full-time job, trains like a maniac, and keeps winning qualifiers for fun. See what a day in the life of Heppner looks like, fail videos and all.

IT’S WORTH IT FOR THE WINSTON FOOTAGE.

HEAR: What It Means to Be Productive 

Ben Bergeron covers all the bases when it come to the difference between busyness and productivity, the importance of setting goals and itemizing them as tasks, and how to make sure you stick to your own life plan.

DON’T WAKE UP LOST IN YOUR OWN LIFE. 

EAT: Chickpeas in Sofrito

This delicious vegetarian Puerto Rican inspired recipe has chickpeas in sofrito served with arroz con gandules. With fluffy rice and perfect pigeon peas, this meal is filling and full of plant-based protein!

MEATLESS MONDAY.

Today’s edition of the Morning Chalk Up is fueled by

Chalk Up Community

• BUILDING COMMUNITY — CrossFit 508 in Plainville, MA has started a new program. Called “Sunday Funday” where they pair games with WODs to draw the community into the box. Sometimes, there are even prizes. 
• TRAINING GARAGE MIND — Aimee Everett, of Catalyst Athletics, just released her latest mental training journal titled “Training, Garage Mind” and it’s available for pre-order now. But, because the book won’t ship until January 20, if you leave her a note at checkout she will personalize a Christmas card to the recipient so they at least have something under the tree Christmas morning. 
• PHOENIX UNBROKEN — Per Ignem CrossFit hosted the Phoenix Unbroken competition last month, which raised money for the Phoenix’s free non-profit programs that help those who are healing from substance use disorder.

CHALK UP IN 2 MINUTES (a highlight reel around social media of CrossFit pros and average joes)

Happy tenth anniversary to Motorcity CrossFit • Jamie Hagiya hits three touch and go power snatches at 175 pounds • Jacob Heppner hits some deficit cleans at 320 pounds • Yvette Magana gets her first muscle-up • Stacie Tovar just bought 4.5 acres for the future site
of CrossFit Omaha • Happy first anniversary to Brandon and Kelly Swan. 

KICKING OFF: Brazil CrossFit Championship Qualifier — Registration for the Brazil CrossFit Championship Online Qualifiers opened on Saturday. The top 26 individual athletes and 14 teams in the final leaderboard of the Online Qualifiers will be invited to the Brazil CrossFit Championship main event in May in São Paulo.

— What Do I Have to Do: You can register for the online qualifiers here. The first two qualifying WODs will be announced January 20, the second two WODs announced January 27, and final scores are due February 4, 2019.

CrossFit and the Business Owner — Layci Nelson, who runs the Iron and Mortar Summit, shares four reasons why a CrossFit membership is perfect for the entrepreneurs in your life this holiday season. “Anyone who has ever started a business will confirm that you work more for yourself, at a higher intensity, than you have ever worked for anyone else. Time is a precious commodity and a diminishing resource. I am willing to bet my fellow
business owner, that during the startup phase of your company, taking care of your body fell to the bottom of the priority list.

— “However, if you have been in business for yourself for a while, you can attest that if you continue that habit, you will not be able to sustain the level of physical stamina and mental clarity required to perform your best. Your family, your company and your employees all need your best.”

— “You can measure your ROI in more ways than one. Solid functional fitness programming has you test and retest lifts, row and run times, and a boatload of gymnastics skills you learn over time. Because this training style has you record the results of every workout on a handy dandy digital platform, I can go back and see how I have improved over time. All of us like the gratification when an investment of time, energy and resources pays dividends.”

“Gym Owner to Insurer: You Lied to Me,” Hilary Achauer, CrossFit Journal

When Monique Ames bought her house she read each page of the deed, the bill of sale and the loan documents before signing. A fan of documents and legal language, Ames never signs a contract without reading every word.

When Ames opened CrossFit Evolution in 2007, she found a company that offered insurance to gyms, purchased a policy and sat down to read each page of the contract. That’s how she discovered a personal-training exclusion buried within the legalese and insurance lingo.

This meant the central activity in her affiliate—giving direction to members engaged in exercise and movement—was not covered by her insurance policy.

Never one to mince words, Ames called the insurance company.

“You lied to me,” she said.

“I started telling everyone about it. People didn’t know. That’s when people were suing for everything. I had to protect myself,” Ames said.

Ames made sure all the activities happening within her affiliate were covered, and in 2013, when affiliates in Florida could buy policies through CrossFit RRG, she made the switch.

If you don’t have the time—or the desire—to read insurance documents cover to cover, how do you determine what might be excluded from your affiliate insurance policy?

11/30 – 12/16: Naughty or Nice Toy Drive (Online)

12/1: Rock It CrossFitMas Classic (Fort Worth, TX) 

12/1: Barbells For Bootstraps (Beverly, MA)

12/1: Bro Down Throw Down for Cancer Awareness (Bridgeport, PA)

12/1: Push/Pull for Pancreatic Cancer at CrossFit Pawling (Pawling, NY)

12/1: Winter Throwdown 2018 (New York, NY)

12/1: Reindeer Games 2018 (Medford, OR)

12/1: Heroes Challenge (Dallas, TX)

12/1: Vekter Games (Columbia, MD)

12/1: New England Co-Ed Classic (Bedford, NH)

12/1: VoyEdge RX Costa Rica (Costa Rica)

12/1 – 12/12: Swan Strong 12 Days of Fitness (Online)

12/8: Fittest Alive in the 845 (Poughkeepsie, NY)

12/8: The 2018 Reindeer Games Finale (Del Mar, CA)

12/8 – 12/9: WOD Godz (Shreveport, LA) 

12/8: Rampage Christmas Throwdown (Murfreesboro, TN)

12/8: A Very Krampus Kilofest (Hickory, NC)

12/8: CrossFIt Raeford 3rd annual WOD for Dogs (Raeford, NC)

12/8: Reindeer Games at CrossFit 321 (Topsham, ME)

12/8: Candor Power Hour Reindeer Games (Tuscaloosa, AL)

12/8: Hypoxia (Butte, MT)

12/8 – 12/9: The Fall Series Throwdown 2018 (Monza, Italy)

12/12 – 12/15: Dubai CrossFit Championship (Dubai, UAE)

12/15: Masters Mania (OKlahoma City, OK)

12/15: Team Luke Fundraiser (Marlboro Township, NJ)

12/15 – 12/16: Nightmare Before Christmas CrossFit Competition (Albuquerque, NM)

12/22: The Flanders Throwdown (Zedelgem, Belgium)