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Personal Training Contractors

I started my own company for outdoor fitness training as well as in-home visits. My issue is that I do not have the time to do the training. I want to find the business and "farm it out" to local insured personal training contractors. Is that legal, if so, what do I need to do to cover myself and business? Thanks, Bruce

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PT Contractors
by: Charles C. Weller -- FITNESS LAWYER

There are various legal ways to "farm" out your personal training business. Whether you collect a certain percentage or fee from each client or trainer is up to you. What you want to make sure is that you have everything documented in writing. You will need independent contractor agreements for each trainer working for you. You will also want to ensure they use consistent contracts with your clients. You may want additional terms in the agreements regarding covenants not to compete (so they don't steal your clients), confidentiality clauses (if it applies), mechanisms of enforcement, remedies for breach, etc. Hire a business lawyer to do it right the first time then simply reuse all the contracts as you collect your money from the trainers.

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Independent contractor vs. employee

by Rita Smith
(Pawleys Island, SC)

I am an ACE Certified fitness instructor working as an independent contractor at a hospital run health club. Our newest contract would require us to have take a drug test and undergo a "criminal background check." Is this legal? Does this cross the contractor/employee line?

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not at all
by: Anonymous

You will be providing a service in a hospital setting. They are more than entitled to ask for a drug test before approving you presence as an authority figure in the hospital setting.

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Hiring Independent Contractors

I need a contract for my independent contractors that work for me as personal trainers. Is there any form that I could download that I could use as a template or do I need a lawyer to write the contracts?

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Contracting Personal Trainers for my personal training business

by Robert Warner
(Royal Oak, Michigan)

Hello, I have a personal training business, i mostly do in home training, my question to you is are there forms i will need to contract other trainers when i need them. The objective is to not have them able to compete or take my clients away and also to assign a percentage per every client i give them or a fee. Where can i find these documents, what else should i be thinking about and looking for online. thanks

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Expanding a mobile personal training business

by Ilona Maj
(Arlington Heights, IL)

Hi,

I started a pt business where I train clients at their homes, offices and 2 studios that I pay fees to on a per client basis. I am getting really busy and I also don't want to work every morning an night during the week for the rest of my life. Because of this I would like to expand my business by hiring either independent contractors or employees. I understand the pros and cons of each but since I have a mobile business I am not sure what is the better choice for me. In the future I would like to open up a studio so I can save travel time. I train anywhere from 30-35plus hours per week and travel at least 15 hours. I also would like some tips on how I should pay independent contractors vs employees. Thank you very much, Ilona

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Conflict with Gym

by Jim
(Jacksonville, FL)

Hello,
My question is for a friend of mine, Mike who is a PT and an employee at a local gym. Mike is an independent trainer (that formed a corporation) that operates from the gym and bills his clients directly. Recently the owner has asked Mike to hand over the clients billing information over to the gym, thus routing the payments that normally go direct to Mike as an independent trainer to the gym. Mike is uncomfortable with this because he would be relying on the gym to bill his clients correctly, and to pay him as their trainer. Is this client information request out of line for the gym to ask?
thanks

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Teply
by: Anonymous

Sounds sketchy! Sounds like the gym could try to justify taking over your friend's clients.

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Based on my research
by: Anonymous

That request alone made them liable through the irs for taxes and his insurance. Not to pay it on his behalf but if he's short on taxes the business is now liable to the irs for the funds.

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Hiring an employee

by Alexis Mason
(New Hampshire)

First off, thank you for sharing your time w/ this site and it's readers. I just posted my biz profile here and am now thrilled to find you.

My question...
I run group BOOT CAMP sessions and am thinking about hiring an employee; I have one in mind. I am insured. Would you pls suggest the most appropriate, expeditious way to do so?

Thank you for your consideration. I sincerely appreciate your help.

Kind Regards.


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Hiring an employee or contractor
by: Fitness Lawyer -- Charles C. Weller

Please be aware that there are huge differences between employees and independent contractors. Aside from the different tax treatment, in most situations you are better protected against personal liability by hiring independent contractors versus employees. You could be legally responsible for your employee's misconduct, whereas you typically are not responsible if they are an independent contractor. I'm oversimplifying the distinction as there are numerous variables involved to determine potential legal culpability. I just want readers to be aware of this potential liability issue.

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