If you are one of the legions of people who have acquired, or are about to obtain a new pet snake, then you are also about to have a rewarding experience. Snakes have a lot to teach us. A properly maintained terrarium can be a work of art – many are prominently displayed in homes – so long as the snake keeper keeps some essential information in mind:

· Be sure you give your snake enough heat – that means enough for the snake, not you. A snake is best kept at warmer, summer temperatures of 85 – 100 degrees F, unless being cooled for hibernation. Temperate zone species may tolerate a 30 degree drop in temperature at night, but tropical species rarely do well with such fluctuations.

· Never, ever use your snake to scare somebody! Many people are afraid of snakes, some pathologically so. Using a snake to scare a person is irresponsible of you, may cause injury to another person, and is traumatic for the snake.

· Be sure to feed your snake an adequate diet at appropriate intervals. Snakes under 3 feet in length should generally be fed prey about the size of an adult mouse once or twice a week. Larger snakes take more or larger prey at less frequent intervals. Truly large snakes may eat only once per year, but these are not snakes for novices.

· Do not handle snakes after feeding, or until they have digested their meals. If a snake is handled too soon after eating, it is often likely to regurgitate the meal, and may refuse to feed for many days afterward.

· Snakes must shed their skins, but they do much better if you do not help them. If the snake has been fed and watered well, it will grow, and the old skin is carefully broken by the snake and shed in one piece. If a snake sheds in patches, it may be dehydrated or have a nutritional disorder.

· Do your homework! Buying a snake is not the same as knowing how to care for it properly. It is your responsibility to learn about your snake and any special needs it will have in captivity. For example, unless you carefully teach your snake otherwise, many have specialized diets: garter snakes eat fish and frogs, hognose snakes eat toads, and corn snakes eat small rodents and eggs.

· Get a snake veterinarian lined up now. Snakes have a slower metabolism than us mammals, so they may manifest symptoms long after contracting an illness. Waiting to find a qualified vet until the snake is ill may be too late.

· Clean the snake’s cage as it becomes dirty – don’t merely wait for Saturday morning. Only use appropriate disinfectants for a snake cage. You may use rubbing alcohol, soap, and specialty products available at your pet shop. Do not use chlorine bleaches or industrial cleansers such as Ajax or Comet, because their residues are often toxic to snakes. Lysol is particularly dangerous.

· Always wash your hands well with soap and water after handling your snake or the cage accessories. Snakes, like most animals, may harbor dangerous bacteria such as Salmonella.

· Okay, now go watch your snake and have some fun!

Can fish and meat textures and tastes be found in a vegetable? Chinese Black Fungus is renowned for these qualities, its vital nutrients and its valuable contributions, as a dietary supplement, to overall fitness and health. Usually obtained in dried packaged form, it requires washing before use.

As a Health Supplement

Enriching blood and preventing iron deficiency anemia, Western medical science has found Black Fungus very effective in blood viscosity modulation as it inhibits platelet aggregation thus lowering blood-viscosity levels. In Traditional Chinese Medicine (TCM) its applications include anaemia, uterine bleeding, hemorrhoids, high blood pressure and coronary heart disease. It also figures significantly in cancer prevention and relief.

A very common and inexpensive ingredient in Chinese cuisine, it also has been recognised within TCM as a medicinal food for thousands of years. Black Fungus, rich in nutrients such as iron, protein, fat, vitamins and polysaccharides, also contains vital trace elements like potassium, selenium and manganese essential to the body’s long-term health.

Black Fungus’ bittersweet taste is not particularly strong, its texture is decidedly meat-like however. Its’ presence in dishes serves rather to enhance the flavours of the main ingredients.

As a Diet Aid

Black Fungus is a potent ally in the fight against obesity. Whilst very low-calorie, its meat-like texture (and taste) when boiled make it particularly appetite satisfying. It is frequently added to other dishes to ‘enrich’ them, to bulk these up for dieting/ slimming purposes as well as for its valuable nutritional contents.

Definitely not ‘fast-food’ it needs extensive soaking and cleaning before use. Available from most Chinese supermarkets, Black Fungus is sometimes stocked by inner-city branches of Tesco.

‘Fat Busters’ to Enjoy Alongside It

Keen dieters can wash down their Black Fungus with other proven Chinese slimming, weight-loss and nutrition aids like Green Tea (Lu Cha) and Bojenmi Tea.

Green tea stimulates the heart, aids digestion and provides a general ‘wake up’ call. Encouraging fat metabolization and popular for dieting and slimming, general bodily detoxification is also encouraged by Green Tea drinking.

Anaemia sufferers (and women during their menstrual period) should avoid Green Tea as it inhibits iron-assimilation somewhat. These should switch to Bojenmi Tea (see below) and/ or consume Black Fungus to remedy iron deficiencies.

Bojenmi Cha, also known as “good health, nice appearance flesh-reducing tea” also encourages slimming and weight loss. A blend of 12 medicinal herbs based upon an ancient Ming Dynasty remedy, this pleasant tasting tea aids digestion, lowers cholesterol levels and has a mild laxative effect.

Overall

Both teas help flush out fatty deposits from internal systems. Inexpensive Green Tea’s fat removal effect’s are such that Chinese restaurants use left-overs to clean grease from tables at closing time.

Black Fungus, Green Tea and Bojenmi Tea all have internal cleansing, detoxifying and longevity-inducing effects encouraging their inclusion in anti-aging and health and fitness dietary regimes. All three can be found in most Chinese Supermarkets

 

In the current age we live in, technology has become an important component. Every day there is some new gadget or software that makes lives easier and improves on the technology and software that already exists. Making lives easier is not, however, the only role technology plays in our lives.

Technology is playing an increasing role in education. As technology advances, it is used to benefit students of all ages in the learning process.

Technology used in the classroom helps students adsorb the material. For example, since some people are visual learners, projection screens linked to computers can allow students to see their notes instead of simply listening to a teacher deliver a lecture.

Software can be used to supplement class curriculum. The programs provide study questions, activities, and even tests and quizzes for a class that can help students continue learning outside the classroom.

Technology has also become part of many curriculums, even outside of computer and technology classes. Students use computers to create presentations and use the Internet to research topics for papers and essays.

Students also learn to use the technology available to them in computer and tech classes. This ensures that after graduation they will be able to use the technology in a work setting, which may put them ahead of someone who didn’t have access to a particular technology or software in their own school setting.

As technology advances, students have better access to educational opportunities like these. When something new and “better” is revealed, the “older” technology becomes more affordable, allowing it to be used in educational settings, even when schools are on a tight budget.

Technology has also advanced to help children even before they’ve started school. Educational video games and systems for young children helps them prepare for school and in some cases get a head start on their education.

There are people who may say children are “spoiled” by technology. Instead of being able to add a long column of numbers in their heads, for example, they turn to a calculator. Regardless of these arguments, technology is an important part of today’s society. By incorporating it into the classroom, students will be better equipped to transition from the classroom to the work place.

Marketing research “The systematic gathering, recording and analyzing data about problems relating to the marketing of goods and services”.

Market research on the other hand, is only a part of marketing research that covers a few of aspects of marketing. It is only the sub function of marketing research ‘some companies use “market research” for describing research into markets the size geographical distribution incomes, and so on. However it fails to cover the idea of research into the effects of marketing efforts on markets, for which the term marketing research is the accurate. Elements of marketing research.

1. Market Research. It covers the aspects regarding size and nature of the market including export markets dividing the consumers in terms, of their age, sex, income (market segmentation), economic aspects of marketing etc.

2. Sales Research. This relates to the problem regional variations in sales fixing sales territories, measurement of the effectiveness of salesman, evaluation of sales methods and incentives, etc.

3. Product Research. This relates to the analysis of strengths and or weakness of existing product testing problems relating to diversification, simplification, trading up and trading down (all product line decisions), etc.

4. Packaging Research. In essence, it is a part of product research. But the recent development in packaging and its contribution in the advertising made it to occupy an independent position. This necessitates a separate study concerning the aspects of package to know its impact and response in the market.

5. Advertising Research. It undertakes a study relating to the preparation of advertisement copy (copy research), media to be used (media research) and measurement of advertising effectiveness.

6. Business Economic Research. Problems relating to input output analysis, forecasting, price and profit analysis, and preparation of break -even charts are the main fields of the research.

7. Export Marketing Research. This research is intended to study the export potentials of the product. In such cases any or all kinds of research mentioned above become necessary.

If you’ve never heard of Collembola, you’re not alone. Until recent years, it was thought that these soil borne creatures were essentially harmless. Even doctors vehemently denied that springtails were likely to infest human hair and skin. Folks who suffered from chronic itching, biting and crawling sensations were often considered delusional, but that mindset is slowly changing. Mounting evidence suggests that these micro-tiny pests can be surprisingly invasive.

Thanks to the tenacity of folks like Dr. Frans Janssens and his colleague, Dr. Kenneth A. Christiansen, the scientific community is beginning to recognize that springtails can pose a very real threat to human comfort when present in large numbers. The two researchers collected scores of reports from homeowners, doctors, and pest control operators in several countries, including many regions of The United States. Within the gray areas between casual testimony, scientific observation and concrete medical documentation, a startling picture emerged. Collembola are everywhere, and it’s not impossible for them to latch onto humans and animals.

As inhabitants of fertile soil, springtails are likely to be found just about anywhere. The more you water the lawn and apply fertilizer, the happier they’ll be. They are considered the most abundant arthropods on earth. Since prehistoric times, they have survived frigid winters and very hot summers, but their numbers decrease exponentially under dry conditions.

Pet owners are particularly vulnerable to collembola infestation. Dogs and cats who trample through moist soil or wet grass can pick up springtails and transport them into the home; however, it’s not likely that springtails will stay attached to pets like fleas unless an animal’s immune system is compromised (for example, if there’s a fungal infection of the skin.) Springtails are easily transferred between humans and animals. Close contact isn’t necessary. These acrobatic creatures can jump three to four feet. You may not always notice them catapulting through the air. They can be smaller than the head of a pin.

If the thought of a few springtails in the house makes you paranoid, relax. Their ability to divide and conquer will largely depend upon environmental factors. Do you enjoy growing potted plants indoors? Does your basement tend to flood after a good rain? Can you smell mold behind the bathroom wall? Are you still waiting on a plumber to fix that leaky pipe under the kitchen sink? Who was president the last time you cleaned your air ducts? A moist, moldy environment is like Disneyland to a springtail.

Getting rid of an advanced collembola infestation can be difficult because springtails aren’t classified as insects. They are defined as hexapods, primitive ancestors to modern day bugs. According to organic scientist David Glassel, chemical pesticides have no effect on the hexapod. Only natural insecticides will do the trick, and the best remedy is cedar oil.

Step By Step Guide to Eliminate Collembola Infestation:

1.) Treat yourself and your pets with a topical cedar oil insecticide approved for use with humans and animals. Avoid cosmetic or aroma therapy grade cedar oil. It’s not purified, and it usually comes from certain forms of cypress trees. Cedar oil that is formulated for home protection will kill ALL TYPES of parasites on contact, including springtails, lice and all forms of mites. If you’re tempted to use an over the counter kit designed for lice control, don’t bother. It won’t work, it’s not enough to cover large areas, and it’s just plain not good for you. Such products contain Lindane, a chemical banned for use with animals by the Environmental Protection Agency.

2.) Spray couches, beds and carpets with a fine cedar oil mist. A proper household formula will be very light and pure. In other words, it won’t stain fabric.

3.) Use a cedar oil fog machine to penetrate unseen cracks and crevices in the home. Normally, fog machines are considered optional, but advanced springtail infestations require aggressive measures. If you believe your infestation is severe, or if you’ve actually SEEN large groups of springtails moving over floors and walls, don’t mess around.

4.) Use the fog machine to treat air ducts or hire a professional air duct cleaning company. Many people are shocked to discover they have mold in their air ducts. It is not uncommon for mold to develop in your heating and cooling system from the condensation of your air conditioner. Springtails feed upon mold and thrive in moist conditions. Mold can also aggravate asthma and allergies. Air duct treatment addresses all of these difficulties.

5.) Purchase the highest quality furnace filters available at your local store. Filters designed for allergen and dust mite removal are best. Change filters frequently.

6.) Hunt for places where moisture accumulates. Patch leaky roofs and pipes. Seal cracks around basement windows. Pay special attention to bathroom walls and cabinets under sinks.

7.) Remove household plants, especially decorative trees sitting in large potted containers filled with soil. Remember that springtails can be transported directly into your home via bags of potted soil.

8.) Take aggressive measures to control animal populations on your property. Double bag garbage, and don’t leave open trash barrels sitting around. Animal foods that are stored outdoors should be kept in airtight containers. Use traps or repellents to control rodents, raccoons and squirrel populations. Resist the urge to pet stray dogs and cats. Report any sightings of feral cats to your local animal control center.

9.) Beware of ultra rich potting soil and wooden landscaping materials. Based on calls placed to our pest control operation from all over the country, springtail populations are often introduced to the home when truckloads of new mulch or soil have been dumped on properties that previously had minimal landscaping. (Mulch traps moisture and promotes the growth of mold.) Seal any cracks around basement windows before distributing natural landscaping materials around the perimeter of the home. If you’re worried about collembolla populations outdoors, there are super strength cedar oil concentrates designed to repel mosquitoes and kill insect populations in the grass and soil. Pet breeders, horse keepers, and livestock farmers use cedar oil concentrates to control all types of parasites in barns, pens and pastures. A generous treatment early in the spring or summer will do a lot to destroy eggs and control multiple insect populations before they explode. Veterinarian bills are EXPENSIVE. Destroy parasites before they destroy you!

10.) Last but not least, avoid chemical pesticides. In February of 2011, USA Today ran an article titled “Exposure to Pesticides in Womb Linked to Learning Disabilities.” The study focused on peremethrin, a chemical commonly used to battle household pests. As disturbing as this sounds, the topic is nothing new. Scores of scientific studies have linked chemical pesticides to neurological disorders, breast cancer and birth defects in children living near farms where chemicals are sprayed. In a nationally televised ABC World News investigation, spot drop flea and tick medicines were found to cause 44,000 severe reactions in a single year, including multiple deaths.

Speaking about modern Ukrainian customs and traditions it is necessary to stress that the Ukrainians are proud of their colorful folk culture. They love good food and drink and have a zest for life.

Most Ukrainian middle-class and lower class urban families live in flat in multi-storied buildings; only rather rich people can afford to build cottages either inside or outside the city.

Ukrainians have a deep love of the land. Many families have small country houses, called “dacha”. They are able to grow just about anything in their neat gardens, orchards, and homesteads. Some people grow food only for their own personal consumption. They spend time canning vegetables and making compote from various fruits during the summer in order to make it through the long cold winters. They always have something in their houses to serve guests.

A modern average Ukrainian family has two parents and usually one or two children. At the same time there is a growing number of one-parent families usually headed by a woman rearing a child. Like in many other countries, there are quite a lot of young unmarried people living together and sharing a household. Bringing up a child in Ukraine is very costly now; that is why many couples decided to have only one child, or even no children. Children tend to live with there parents long after they finish school. Sometimes children have to rely on their parents in financial matters as the unemployment rate among the young is very high. A newly married couple often lives with either of their parents because they have no money to buy or to rent a house or a flat of their own. Often one or both grandparents live with their children and help take care of small children. Grandparents play a great role in raising children in Ukraine.

In the village families are usually larger, and the whole family works on the farm (or a patch of land they have) together. Most parents who live in the country want their children to get a higher education, so they send them to study to big cities. After 5 years of studies, the children get used to the city way of life and seldom go home.

In their struggle for survival people become less dependent on each other within families. But still parents think it is important to teach their children daily skills and basic values of life. The result of a resent nationwide survey showed that the most important values parents want to teach their children are honestly, common sense, purposefulness, responsibility, good manners and obedience to parents. Adults believe children should be brought up to expect that they will have to struggle to succeed.

Like most other people, Ukrainians like holidays and merrymaking. They usually try to cook many tasty dishes and invite a lot of friends and relatives to their places. Another thing Ukrainians love to do is talk (while strolling, in cafes and restaurants, or at home over a cup of tea or coffee or other drinks). Conversation tends to be light, relaxing, humorous, and sometimes philosophical. Many Ukrainians enjoy picnics in the wood or somewhere the water at almost any time of year. Picnics often involve shashlik or barbequed meat, homemade salads, and sometimes alcohol. Ukrainians love to sit around fires at night and snack, drink, and sing songs to a guitar.

Popular outdoor sports in Ukraine are soccer, volleyball, badminton, table tennis, and hiking (walking in the forest). Fitness clubs have appeared all over the place. Yoga and martial arts are quite popular as well. Mountain climbing and rock climbing clubs can be found. Scuba diving, yachting, and even golf have recently become available. Increasingly popular in Ukraine are all sorts of extreme sports (bungee jumping, river rafting, downhill mountain biking, spelunking, etc.), and, more generally, all forms of active recreation (hiking, biking, boating, horseback riding, skiing, etc.).

Not everyone will do the things we’ve described above. Some Ukrainians’ culture will strike you as incomprehensible and intolerable, while others’ behavior and attitudes will seem rational and compatible with your own.

 

Being a Health and Fitness Professional, it is my job to understand terms and definitions which are commonplace to this industry, as well to keep abreast of evolving trends. Through my experience, I have found that a number of terms deserve a little more clarification than that which they are granted.

Aside from clarifying the definition of Health Related Fitness, this article intends to shed some light on a few of the associated terms, and to show their respective distinctions.

Is it simply all in a name?

The fitness world seems to use the concept Health Related Fitness like a generic fitness principle – interchangeable with others like “Physical Fitness”, “Health and Fitness” or simply “Fitness.”

While all of these terms can be included under the broad term Health and Physical Fitness, they individually refer to different aspects – both generic and specific. Unfortunately, references to these and other fitness-related terms are often vague, while consistency in their intended use is meager at best; there is a kind of “generally accepted” use for them, but individuals often rely on own interpretation, and this can lead to confusion.

With that said, does Health Related Fitness simply infer fitness by means of good health? Not quite. That is why we need to understand a little more behind these words before digesting the definition.

How did the term Health Related Physical Fitness come about?

That is a good question. One could probably ask what is this concept all about – can we not simply use the terms “Fitness” or “Physical Fitness” instead?” Why Health “Related”?

The main reason stems from the fact that most health and fitness terms are used inconsistently and often refer to different concepts or notions. Subsequent to the 1996 report from the US Surgeon General (Physical Activity and Health; a report of the Surgeon General), there was a move to try and address the alarming rise in obesity levels among the general American public. Studies and initiatives required standardization among clinicians, health practitioners and fitness trainers to grapple with the task at hand. Enter “Health Related Physical Fitness”, a working term to address the general state of health among the public.

The definition of Health Related Fitness

According to the American College of Sports Medicine (ACSM), the main authority in this field, ineffective definitions with unclear and subjective wordings, as well as definitions containing terms which themselves require defining, have contributed to confusing the term “Physical Fitness.”

There exists no reliable guide for Health and Fitness Professionals to measure “Physical Fitness”, because the term has been so loosely and inconsistently defined. It is therefore that one should consider the concept of Health Related Fitness. The definition therefore centers on the 5 Components of Physical Fitness which relate to “good health.” These Components are:

  • Cardiorespiratory Fitness
  • Body Composition
  • Flexibility
  • Muscular Strength
  • Muscular Endurance

On the other hand, Skill Related Fitness Components are:

  • Balance
  • Reaction Time
  • Coordination
  • Agility
  • Speed
  • Power

According to the Centers for Disease Control and Prevention (CDC), the definition of Physical Fitness emphasizes the difference between Health Related Physical Fitness and Athletic Ability Physical Fitness. Its point-of-departure is the “health” of the US nation, which is often referred to as the “public health perspective.” In that respect, the 5 Health Related Fitness Components are more important than those related to Athletic Ability (or Skill Related Components).

Although the concept of Health Related Fitness has an integral association with “good health”, the 5 Components are addressed individually by health professionals to allow for their measurement.

Now that we have a deeper understanding of the term, what purpose does it serve?

Continuing from where the definition left off, the objective of measuring the 5 Components is to advise clients about their own particular Health Related Fitness, and to use data obtained from the tests to design appropriate exercise programs which can then be evaluated.

The 5 Components contribute evenly to make up a holistic Health Related Fitness, which is of direct interest to the health of the ordinary citizen, in that the concept is normative. In other words, it is a standard which allows for consistent application.

It is therefore important for those working in the health and fitness industry not to mistake “overall physical fitness” with “Health Related Physical fitness.”

To conclude, let us consider this distinction between Physical Fitness and Health Related Fitness

One needs to bear in mind that regular physical exercise can improve overall Physical Fitness, as well as Health Related Fitness. However, overall fitness is a generic term and is up to subjective interpretation, while Health Related Fitness can be assessed.

The distinction therefore, between these two terms, exists in that Health Related Physical Fitness can be measured according to a set of established comparative norms.

This is where the “rubber hits the road.” The guidelines set out by the ACSM enable health professionals to work with clients to assess and measure their response to exercise and prescribe appropriate exercise programs. A client’s progress can then be monitored and adjusted where necessary in order to obtain the desired fitness goals.

 

What is advertising?

It is hard to find a satisfactory definition of advertising.

A picturesque way of putting it is to call it business imagination, an imagination that sees in a product possibilities which can be realized only by appealing to the public in new ways to create a desire where none existed before. It is a very broad word, an omnibus word conveying different ideas to different people.

No advertising definition is here possible except as this entire article may be accepted as a definition. So rapidly has advertising advanced through its various changes that even the latest dictionaries and encyclopedias are out of date in their attempts to define it. The advertising of yesterday is not the advertising of today. Men not so very old have witnessed its entire development from an untrustworthy instrument of quacks to its place as an engine in the conduct and expansion of business.

Advertising in the dictionary sense has a history as old as that of the human race. Just as soon as there were enough people in the world, some sort of formal announcement had to be made. The early history of such announcements – from proclamations to the beginning of pictorial and lettered inscriptions, from these primitive posters to the discovery of printing, and from the advent of printing to the beginning of real advertising – is of interest only to the archaeologist. It is of no value to the business entrepreneur. It would be of no assistance to understanding modern advertising than ancient Phoenicians coins would be to comprehending the principles of a modern bank.

Every attempt to secure the sale of a product or service is advertising. The wares of the primitive merchant displayed invitingly in front of his booth is advertising. A want ad, to secure a job or an employee, is advertising. An inscription on a wall, the barker in front of a side show, the promises of an internet marketer, the announcement of a new online technology, membership in an affiliate program, wearing a peculiar shirt or distinctive sticker in your car – all these are forms of advertising in that they seek to attract attention to a product or a service that is for sale. For a product or a service of general use, rich and poor, high and low, men, women and even children, must be appealed to.

At least one principle we know of, stays constant, not eroding with the passing of time or the use and or abuse of men, not concerned with the weather outside, nor considering your personal health status, or taking into account your surrounding circumstances, and that is that you have to keep doing it, it has to be fed, no way around it, it keeps asking for every ounce of your commitment if you expect any kind of visible returns.

Whatever the appropriate definition of advertisement is, one thing is to conclude, it is because it has been. And every succeeding year since the beginning of the human entrepreneurship it has left its precious deposit of new ideas, better methods, larger and swifter efficiency, and the promise of an even greater growth.

 

In any Listing Agreement there is a point in time when the agency relationship ends.

A Listing Agreement, as it is widely known, is none other than a contract between the rightful titleholder of an interest in land (the ‘Principal’) and a duly licensed real estate firm (the ‘Agent’), whereby the firm stipulates and agrees to find a Buyer within a specified timeframe who is ready, willing and able to purchase the interest in land that is the subject matter of the contract while acting within the realm of the authority that the Principal confers onto the Agent, and wherein furthermore the titleholder stipulates and agrees to pay a commission should the licensee ever be successful in finding such Buyer.

As in all contracts, there is implied in a Listing Agreement an element which is commonly know at law as an ‘implied covenant of good faith and fair dealings’. This covenant is a general assumption of the law that the parties to the contract – in this case the titleholder and the licensed real estate firm – will deal fairly with each other and that they will not cause each other to suffer damages by either breaking their words or otherwise breach their respective and mutual contractual obligations, express and implied. A breach of this implied covenant gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Due to the particular nature of a Listing Agreement, the Courts have long since ruled that during the term of the agency relationship there is implied in the contract a second element that arises out of the many duties and responsibilities of the Agent towards the Principal: a duty of confidentiality, which obligates an Agent acting exclusively for a Seller or for a Buyer, or a Dual Agent acting for both parties under the provisions of a Limited Dual Agency Agreement, to keep confidential certain information provided by the Principal. Like for the implied covenant of good faith and fair dealings, a breach of this duty of confidentiality gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Pursuant to a recent decision of the Real Estate Council of British Columbia (http://www.recbc.ca/) , the regulatory body empowered with the mandate to protect the interest of the public in matters involving Real Estate, a question now arises as to whether or not the duty of confidentiality extends beyond the expiration or otherwise termination of the Listing Agreement.

In a recent case the Real Estate Council reprimanded two licensees and a real estate firm for breaching a continuing duty of confidentiality, which the Real Estate Council found was owing to the Seller of a property. In this case the subject property was listed for sale for over two years. During the term of the Listing Agreement the price of the property was reduced on two occasions. This notwithstanding, the property ultimately did not sell and the listing expired.

Following the expiration of the listing the Seller entered into three separate ‘fee agreements’ with the real estate firm. On all three occasions the Seller declined agency representation, and the firm was identified as ‘Buyer’s Agent’ in these fee agreements. A party commenced a lawsuit as against the Seller, which was related to the subject property.

The lawyer acting for the Plaintiff approached the real estate firm and requested that they provide Affidavits containing information about the listing of the property. This lawyer made it very clear that if the firm did not provide the Affidavits voluntarily, he would either subpoena the firm and the licensees as witnesses to give evidence before the Judge, or he would obtain a Court Order pursuant to the Rules Of Court compelling the firm to give such evidence. The real estate firm, believing there was no other choice in the matter, promptly complied by providing the requested Affidavits.

As a direct and proximate result, the Seller filed a complaint with the Real Estate Council maintaining that the information contained in the Affidavits was ‘confidential’ and that the firm had breached a duty of confidentiality owing to the Seller. As it turned out, the Affidavits were never used in the court proceedings.

The real estate brokerage, on the other hand, took the position that any duty of confidentiality arising from the agency relationship ended with the expiration of the Listing Agreement. The firm argued, moreover, that even if there was a duty of continuing confidentiality such duty would not preclude or otherwise limit the evidence that the real estate brokerage would be compelled to give under a subpoena or in a process under the Rules Of Court. And, finally, the realty company pointed out that there is no such thing as a realtor-client privilege, and that in the instant circumstances the Seller could not have prevented the firm from giving evidence in the lawsuit.

The Real Estate Council did not accept the line of defence and maintained that there exists a continuing duty of confidentiality, which extends after the expiration of the Listing Agreement. Council ruled that by providing the Affidavits both the brokerage and the two licensee had breached this duty.

The attorney-client privilege is a legal concept that protects communications between a client and the attorney and keeps those communications confidential. There are limitations to the attorney-client privilege, like for instance the fact that the privilege protects the confidential communication but not the underlying information. For instance, if a client has previously disclosed confidential information to a third party who is not an attorney, and then gives the same information to an attorney, the attorney-client privilege will still protect the communication to the attorney, but will not protect the information provided to the third party.

Because of this, an analogy can be drawn in the case of a realtor-client privilege during the existence of a Listing Agreement, whereby confidential information is disclosed to a third party such as a Real Estate Board for publication under the terms of a Multiple Listings Service agreement, but not before such information is disclosed to the real estate brokerage. In this instance the privilege theoretically would protect the confidential communication as well as the underlying information.

And as to whether or not the duty of confidentiality extends past the termination of a Listing Agreement is still a matter of open debate, again in the case of an attorney-client privilege there is ample legal authority to support the position that such privilege does in fact extend indefinitely, so that arguably an analogy can be inferred as well respecting the duration of the duty of confidentiality that the Agent owes the Seller, to the extent that such duty extends indefinitely.

This, in a synopsis, seems to be the position taken by the Real Estate Council of British Columbia in this matter.

Clearly, whether the duty of confidentiality that stems out of a Listing Agreement survives the termination of the contract is problematic to the Real Estate profession in terms of practical applications. If, for instance, a listing with Brokerage A expires and the Seller re-lists with Brokerage B, if there is a continuing duty of confidentiality on the part of Brokerage A, in the absence of express consent on the part of the Seller a Realtor of Brokerage A could not act as a Buyer’s Agent for the purchase of the Seller’s property, if this was re-listed by Brokerage B. All of which, therefore, would fly right in the face of all the rules of professional cooperation between real estate firms and their representatives. In fact, this process could potentially destabilize the entire foundation of the Multiple Listings Service system.

In the absence of specific guidelines, until this entire matter is clarified perhaps the best course of action for real estate firms and licensees when requested by a lawyer to provide information that is confidential, is to respond that the brokerage will seek to obtain the necessary consent from the client and, if that consent is not forthcoming, that the lawyer will have to take the necessary legal steps to compel the disclosure of such information.

Today seniors can’t afford not to get moving! With all the hype around nutrition and exercise the aging population is well aware of the benefit of an active lifestyle.

Most seniors of the 55 plus group are keen to reap the rewards of healthy aging through a variety of activities. They are not newcomers to the gym so to speak. Most have kept active with some form of physical activity throughout their lives, whether it is hardcore workouts in the gym or a congenial round of golf on a summer’s afternoon. Women of this age group have also managed years of multi-tasking, most having juggled full time careers, while raising families and still found time to fit in some form of exercise. These women became well acquainted with aerobics, step classes, strength training and power walking. Also, stress relievers such as yoga and pilates were embraced to combat tension and fatigue. In many cases these activities were their salvation of an overly busy lifestyle.

It is only natural then, that these baby boomers are looking to continue their active lifestyle into retirement. Quite possibly, with the time constraints lifted at this stage in life, it leaves them to focus more sharply on their health and wellness.

A huge opportunity exists for gyms and programming facilities to cater to this senior market. The number of seniors is set to skyrocket in the next five to ten years and if gym operators are to jump ahead of this curve, they should set their marketing sights on appealing to and attracting this demographic.

How to go about this? What are seniors looking for when it comes to staying fit? Firstly it is important to see a visual image that they can relate to. Marketing success is all about seeing yourself in the picture, being that person who is strong, fit and beaming with energy. If a beautiful twenty something image is smiling back, then age becomes a handicap in the mind of the senior, derailing their good intentions, making them feel like they can’t compete. The perfect image that will empower the market they are trying to impress is an attractive fit senior pursuing the exercise of his or her choice. An ad such as this will pop with the 55 plus market, creating a role model with whom they can immediately identify and connect. Seniors like everyone else need to be able to put themselves into that ad campaign and honestly believe that it could be them looking out. This puts the wheels in motion for a positive mindset and a “can-do” attitude.

Seniors are only as old as they feel. Once again we come back to the mind-set, which is a very powerful tool. Boomers today are constantly fighting the aging stereotype that has depicted seniors in the past. Seniors in their sixties often look, act and feel ten to fifteen years younger than their actual age. Advertising should play up to this pretense which promotes this healthy reversal known as “turning back the clock”.

Another means of promoting fitness is to educate the senior who wants to get moving and who wants information as to how this will benefit them and enhance their life. They need to know the positives, what they can expect, and can look forward to as a result of embarking on the fitness journey that the marketer proposes. The campaign needs to encompass every aspect of their life, proving that properly presented, seniors will understand that an opportunity to change is being offered which will impact and alter their lifestyle. It’s within their reach, all that remains to be done, is to get out there, set realistic goals with realistic time frames and make it happen.

This brings us to another point. Marketers should focus on the enhancement of senior life overall, as a result of engaging in exercise and activities, rather than the promise that, if you join up you will achieve this enviable body or snag that hot date. The quality of life and the heightened enjoyment of everyday activities which seniors can have as a result of exercise need to be highlighted.

Marketing programs should also contain testimonials and feedback from actual seniors delighted with their progress and accomplishments, similar to that of “before and after stories of weight loss”. Seniors want to hear how it has enhanced and changed other people, who are just like themselves. They want to hear the successes, for example, how exercise lowered blood pressure, how strength training enabled other seniors to do more, how medication was reduced, how endurance was stretched. It all gives the feeling that anything is possible, if they can do it, then I can as well. It sends a message and an incentive to become a joiner.

Seniors often prefer to sample a program on a trial basis to see if it’s going to be the right fit for them. Offering special programs geared to this group is smart when limiting them to one or two classes. Fitness activities can be offered at many different types of senior living facilities. Places such as retirement communities and nursing homes already recognize the need and benefits of fitness and nutritional programs. Approaching these senior residences is an effective strategy of marketing to large groups of seniors. There are also many senior assisted living residences that do not have organized fitness classes or programs in place yet, but they will soon. Visit these places and offer a free class or program, if these programs are successful you will know that this appeals to seniors and if the need is strong enough to continue. This will help to target the senior market, zeroing in on what works and what doesn’t.

Marketers of fitness need to alter their sales approach to seniors. This age group is not impulsive and will appreciate a thorough, softer sell approach. Seniors need and want information and prefer patience. This in turn builds trust, instilling confidence in the senior contemplating buying a membership. It basically reaffirms that they are doing the right thing in taking this first step to join.

Seniors as consumers hold certain expectations that need to be met for fulfillment. As part of the packaging of the programming, seniors also need and crave socialization and to be part of the group. They need leadership, to have an instructor to safely guide them through the program, with an eye to protecting them from injury and awareness of ailments like arthritis and osteoporosis in the participants. They look for convenience, with minimal stairs and easy entry, or even better brought to their home. Lastly they want value and attention, to feel like they are progressing and that their state of well being is something that is noted.

As with any market, the sales approach needs to be geared to their age defined needs and preferences. In the year 2010 and in the coming years the greying of the boomers market will keep growing by leaps and bounds. There will be an even greater emphasis on slowing the effects of aging and possibly the reversal through movement and exercise. This, the marketers realize is what it’s all about at any age. Seniors, like everyone else, want to maintain a high quality of life and that definitely includes exercise to make it happen.