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Creative Legal Advice

I am interssted in moving away from working for a gym(as most personal trainers eventually would like to do). I am ISSA certified(well I will be in a couple weeks).

The most profitable way to work for myself, would be in my case to do it out of my NYC apt. I have priced equipment cost, and I would be able to provide a gym quality workout, w purchasing only roughly 2000$ In equipment. Besides the obvious (insurane-since I wont be covered by my gym) my main concern would be the legality of running a businees out home.

Is there any way I can do this (for expample; bribing my landlord to allow me to do so for an increase in rent, and change in my lease???)
Or is it illlegal prohibited in General by State and/or Federal laws to do so, or is there maybe something I can apply for to grant me this.???

I will be needing further legal advice and I am happy I found someone that does specialize in this field. I am goin thru a divorce right now and it was quite a challenge finding an attorney who can handle a divorce properly - help me maintain my assets etc- as well as an immigration attorney who can help me keep my green card.
Thank you for your time

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reply to legal advice
by: Keren

I am not sure with laws in New York, since I am in Ca. but I have heard many times that you carry very high liability issues by training in your home. You definitely want to speak with a proper attorney and be adequately insured before you consider this.

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A Permit To Train In A Home Studio?

by Germaine Beuviere
(Lexington, KY)

My parents want to transform their garage into a fitness studio for me. Do I need a license or permit to do this?

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Check with the city
by: Katie - Admin

Every city has different rules so you must check with them or risk facing large penalties.

In my experience, you will definitely need a business license. This is true whether you use your home or not.

Some cities have a special designation for people who want to use their home as the place of business. They may have rules covering the amount of space you can use within the building, whether or not parking is sufficient and what type of signage you can use.

Call the city.


- Katie

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Bootcamps in the Park

by HJ
(San Diego)

I read the question before mine and I too am trying to start a Bootcamp in North county of San Diego. I have tried to look up to see if there are rules about having a Bootcamp here and can't seem to find any info out. Can anyone heads me up and any other info that may be helpful before I get started.
Thanks

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Do the right thing: go to the Parks Dept for approval
by: Anonymous

I don't live in CA, but here is what I know about the legalities of many trainers scamming city parks and not doing the "right" thing.

1. Make sure you have a City License and State License as a trainer for your biz.

2. You have insurance

3. Go to the City Parks Dept. or Park Enforcement and fill out an application to use the park...you will have to pay to rent the park to do your "for profit" bootcamps.

4. ANother option, get linked with the Parks and Recreation folks and put your bootcamp in their quarterly catalog where people can sign up year around....you would be an independent contractor.

5. All else fails, go to a local elementary school, go thru the district, rent the school playfield and fill out the paperwork with the school, it's pretty cheap and it's a great way to network with parents or staff as future clients.


My 2 cents, there ya go. Good luck.

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Boot Camp in the park
by: lauren

Check with the local park district. Many require insurance.

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what is required

I want to work as an independent contractor. I plan to provide a mobile personal training service, going to clients homes. I have already filed a DBA and opened a bank account in that name.

Im confused about what else is required. I know that it is recommended to file with the irs for EIN. I still need to do that. I will also obtain liability insurance.

My question is do I need a general business permit? And can I use a room in my home as an office (would that be a bus expense and is it permissible?)I live in Indiana. Is there anything that I am overlooking? Thank you very much for your assistance.

Sincerely,
Robin L.

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Starting a business
by: Anonymous

I'm in the process myself. I'm over 50 and have some law background but I would recommend you contact your local small business administration for guidance. They will help you with the required legal docs and filings for your state. It has taken me almost a year even with an attorney helping me.

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Thank you
by: Anonymous

Thanks so much for your input I am soon to turn 49 myself :) Good luck to you and thanks again

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BUSINESS LICENSE

by Eric Tatum
(Dallas, Tx)

This is Eric Tatum, I am a certified trainer in Dallas, Tx, Do you know who i would need to contact as far as getting a business license, incorporating a name, finding funding for a facility, equipment etc.. at a reasonable price?

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business license

by Kathy Owen
(Reno, Nevada)

Is it required to have a business license if you are training people inside your home? I was planning to train part-time using my equipment. What exactly constitutes a business?

Thank you, Katherine Owen

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Online personal training - does this require registration in multiple states?

by Deana Guidi
(Orlando, FL)

I plan to start a personal training business in Orlando, Florida. My community association will allow me access to our fitness facility to train clients one-on-one. However, I want to create a website, offer online personal training, publish articles, sell DVDs and CDs, and possibly sell ad space on the site. I know I need to start a Florida LLC or S corp, but do I need to register as a foreign business entity in the remaining 49 states? If I have to pay fees in more than one state, that alone may deter me from starting an online business.

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Use of public parks for training

by Stephen
(New Zealand)

Hello

Is it legal to use a public park as a fitness trainer in your own business for the purpose of training clients, charging them money. I heard it's illegal as your using a public place and are making money out of using the place?

Thanks

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same question
by: Anonymous

I am a certified Zumba instructor and I work in a studio in orange county I decided to do a program for people that can't afford going to a gym so they pay a small amount per classes, I want to start my cardio boot camp at the parks around orange county California, do I need permission from the city to teach my classes or some type of document? Do I need to be certified as a personal instructor or my Zumba instructor certification is fine? Please help me ... What I need to put this together and do it in the best legal way. Thank u very much.

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Just get permission
by: Anonymous

Every city, town and park district has its own rules. But every place I have ever lived has ways to get a permit to use public land for your classes. You should start at city hall and get a permit. The fees vary widely.

I wouldn't recommend being sneaky and training without the permit because if you get caught they will fine you and then make you buy the permit anyway.

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Where to train my clients?

by Mike
(Los Angeles, CA)

Just a quick question. I live in L.A. and was wondering if you need a permit, license, or something to train clients outdoors at a park or a at beach, or am i able to train them wherever I want? If I do need something, do I just contact the city to get permission? Thanks!

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Where to train my clients?
by: Anonymous

Mike,
Just contact the municipality you want to work in. I called my local Parks and Rec. department and they said I can go train there anytime. Good luck

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Business License Required?

by Leslie
(folsom, california)

I am a personal trainer in northern California and am thinking of leaving the gym i currently work at and training people in their homes. my question is do i need a business license to do this? i have 3 personal trainer certifications and 2 specialized.

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training outdoors

by Heidi
(Los Angeles, Ca )

Do you need a specific permit to train at the beach or at parks? If so, what permits do i need and how do I go about getting them? Also, do I need one for each specific location. Thank you!! Heidi

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Training Outdoors
by: Machelle Lee The Invisible Gym Mobile Personal Fitness Training

Hi Heidi,

Each city you are training in is different. Here in Santa Cruz, city parks are free but county parks require permits. Beaches here also do not require permits. As long as they are not state parks. The best place to find out what is needed is to do a little research about the places you are thinking of training clients outdoors. You can start with looking locations up on the web. You can also go down to your local county building to see which places require permits.

Good luck:-)

Machelle

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Boot Camps on public property
by: Florida PT

Definitely contact your city or county departments, states may vary. In St. Petersburg, FL I contacted both and was told if you charge and/or make money for your sessions, you must register with the city/county, and some parks charge you to use the parks.
Some PT are holding boot camps illegally & the city and counties are starting to enforce policies & procedures.
Florida Beach goers & vacationers not participating in the boot camps held on the beaches are complaining.
You must find out the correct legal procedures.

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Using parks for profit is illegal without permit
by: Mad Dog

I always knew every since running my own camps that using a school playground or city park requires PERMISSION. If you are making profit and think you can go on any property without paying for it, then you have no business being in business, let alone running a bootcamp.

Here is what you do.

1. If using a school playground, you go to the School District, fill out paperwork and pay the field usage fee for the time on the field (i.e. 1hr, 2hr, etc...) and pay the hourly fees

2. If using a Park, contact Parks and Rec Dept. to fill out paperwork to rent the field. Chances are it's unauthorized in most cities and states to have a FOR PROFIT biz use a park for your bootcamps. Only solution is get your bootcamp in the parks and rec catalog where people sign up via the catalog like salsa, yoga, pilates, etc... then you are an Independent Contractor and they 1099 you and you get paid that way...less hassle and LEGAL.


There you have it, two solutions and you are good to go.

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Outdoor Boot Camp

by Ty
(Columbia, SC)

I am an ACE certified personal trainer and a group fitness instructor who teaches mostly sculpting/strength/boot camp group fitness classes at the corporate wellness center where I am employed. I am really considering performing an outdoor bootcamp in March and April for the Spring at a local park. What should I do to begin this besides the obvious of marketing and getting the word out? I called the park and was told that it is free to use the space. I have liability insurance. I guess my biggest question is do I need to have a business license to do something like this? Or can I just market myself as a trainer performing a boot camp class? Please help me because I want to be sure to do this right (especially taxes wise). Thanks.

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Just call...
by: L.A.

Just check with your state government (small business) offices. You should also check in with your city government, they often have separate regulations and requirements. The people answering these calls are usually quite helpful and friendly.

You also might want to consider becoming a LLC or corp. when running a boot camp, for liability risks. In this economy, you must cover all bases!

L.A.

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Parks dept
by: Anonymous

I am doing the same thing this year in PA. Check with the local municipalities as there are ordinances against conducting business with paying clients in certain locations; community parks, school property etc. Contact the parks and recreation departments and offer to teach for them under an independant contractor agreement; you can dictate your cost per person or hour in many places.

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Los Angeles and LA county requirements
by: Mark

If you are a personal trainer and train people on your own then you do not need a business license. You are an independent contractor. anyone living in Los Angeles can verify this on the LA County and City of Los Angeles business permit/license website. You are solely responsible for reporting the money to the IRS at tax time. I have contacted a few cities in LA County regarding training people in Parks. Each city in LA county has their own rules, thus far the answer is no permit is required and you are allowed to train people in the park without a permit.
If you are doing a big boot camp thing with equipment then you need to call parks and recreation or the city business permit office and inquire if you need a permit for that.

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