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Independent Trainer Agreements

by Mark Simmons
(California)

We run a studio in California with a number of independent contractor personal trainers. We are interested in putting together agreements that meet all legal requirements and treat all parties fairly. There are three areas of expertise we believe we need in order to get this right.

1. Expertise in contract writing.
2. Legal expertise in the independent contractor laws.
3. Legal expertise in the laws and regulations governing personal trainers.

I have written hundreds of agreements, so I have the expertise for item 1. I've also run human resource departments, so I have good lay knowledge of the laws for independent contractors, in particular things like the 20 Factors Test the IRS uses to determine whether someone is an independent contractor or employee. But that's not enough.

We need to find an attorney who has specific knowledge in the independent contractor and personal trainer laws nationally and in California.

So this is where the knowledge sharing stops and the question starts.

Anyone know of a California attorney or law firm with this specific expertise, or how to find such a person?

I've already contacted personal trainer insurers and a couple of certification companies and come up empty.

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