As personal trainers we have the opportunity to specialize in a lot of different niches like training seniors, the disabled, athletes and youths. Our clients benefit from our specialized knowledge in these areas.
The same concept holds true in the legal profession. It doesn't make sense to get generic legal advice from somebody that doesn't understand the unique aspects of the fitness industry. You end up paying your lawyer to learn the unique nature of our industry. Fortunately, more attorneys are starting to specialize in fitness law.
And we are lucky enough to have a Fitness Attorney with tons of fitness experience to help answer your questions!
Meet Charles Weller. Charles has helped form many fitness businesses, negotiated business leases for fitness companies, and helps protect the assets and intellectual property of fitness professionals.
You can ask Charles a question below. There is no obligation and he will answer for free. But complicated issues will ultimately require the paid assistance of an experienced fitness attorney. We recommend supporting Charles Weller by sending your legal business to him.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the links contained within the site do not create an attorney-client relationship between this site and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Here are some of the common personal training legal issues that a fitness attorney can assist with.
You can ask your personal trainer legal questions below.
Check out the archive of legal questions and answers below. Chances are you may have a similar issue when setting up your personal training business.
A Permit To Train In A Home Studio?





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





My sister trademarked her business name for $1500 but I found a website that says they can do it for only $500. How do I find the cheapest way of trademarking ...
Client Reimbursement?





A client of mine purchased one of my specials/programs I was running at the time, of which gave the client a large discount on services based on paying ...
training people





I am a full time gym member and workout everyday. A person recently ask me to show him workouts and motivate him as he does them for money. Is this legal ...
Independent trainer training at 24 hr





Is it legal if I train clients at a gym such as 24 hour/La fitness without being a employee at that gym? Could they kick me out or get me in legal trouble?...
Infringement on My Business Name and Websites





I need some advice on infringement. I started my personal trainer who started a group workout program 8 years ago called BootCamp for Women-BodyByKen. When ...
Do I need to form a Business Entity?





Hi. My name is John and I am a personal trainer from Westchester, NY. I already have personal training liability insurance up to $2,000,000 per occurrence ...
Bootcamps in the Park





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 ...
training outdoors





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 ...
personal training covenant not to compete





I worked for a small gym for about a year and half as a personal trainer. I was fired in Sept. 2008. In June 2007, I signed a covenant not to compete. The ...
Is sole proprietor the best way to from a business with a home gym for the location?





If I am forming a personal training business, and the location will be my home gym and possibly parks, and clients' homes, is a Sole Proprietorship the ...
liability





I wanted to start my own bootcamp classes but not through a gym. What forms would I need for clients to ensure that I am not held liable for any injuries?...
Nutrition





Hello,
What is the regulation (for personal trainers) about giving nutrition advice to clients? I have my exercise science degree and no nutrition certificate....
Nutrition in Personal Training





If you are not certified in Nutrition but are a certified PT legally how much can you assist a client. I am thinking in terms of the gym where I work ...
Covenant Not to compete





Does Covenant not to compete hold up in court in the personal training industry. Do it hold up in court in SC.
If you worked for a gym and they Fired ...
Parental Consent Forms





If a father wants to have his son signed up in one of my programs what kind of paperwork do I need to have the father sign to show that he has consented ...
Waivers for Group classes?





I am new at PT but have been teaching Group Fitness for years. I want to teach some group classes on my own. What do I need to know about renting space,...
Business Trademarks





Hello Charles,
I am in the planning stages of starting my youth fitness business. (1) My business name is Bizzy Bodies Youth Fitness, a comprehensive ...
Personal Trainers and Nutrition





Is it legal for a certified personal trainer to give nutrition advice if they are not a RD, or certified in nutrition?
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 ...
Sole Proprietor , LLC or S Corp





I'm starting a peronal training business. It will be just me, on my own. I'm not sure if I should simply set it up as a Sole Proprietorship, LLC or S Corp....
Found out that my personal trainer is not certified.





My personal trainer never informed me of not being a certified personal trainer. I recently just found out about this and he has never gone to school for ...
Outdoor Boot Camp





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 ...
Doing Business As DBA?





I'm going independent soon and ISSA's website says that an Independent PT should get a DBA License, but another independent trainer said that I don't need ...
Is it Legal to Give Nutrition Advice?





Charles, Thank you first off for your service. I am wondering what the laws are regulation giving nutrition advice. I have been told by some that only ...
Hiring an employee





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....
Security Cameras





I am about to begin an in-home training business. I have been warned about false accusation that can occur and was advised to have cameras installed in ...
Liability Insurance for Independent Contractors





I'm starting a fitness boot camp business which will be held at an outdoor park, during the winter I will probably be moving in to a gymnasium that I will ...
Liability Question





I am an independent contractor personal trainer at a fitness center. I have a contract with them that states I have full control over my business and I ...
Personal Training subject to sales tax?





I train in both Kansas and Missouri. Do these states require I charge a sales tax to my clients. I work as an independent contractor at two gyms under ...
Online Training Services - Legal Requirements?





I have just started an online fitness and nutrition coaching website and wanted some clarification on a couple of very important issues. The first being ...
Mobile Personal Training Business





My training business will be a "mobile" training business. All training sessions will take place in the client's home or outdoors (such as parks, hiking ...
Liablity Waivers - Do they Protect Me?





Hi Charles,
Many gyms and personal trainers have a Liability Waiver form, which states that in case of any injuries, the clients waives any claims against ...
Where to train my clients?





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,...
Trademarking a Business Name





My name is Eric Tatum and I am a certified trainer, I am working on creating a business name and a logo for my business or just using my name itself. What ...
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 ...
Fitness Business Entity





Hello,
I am looking to start my own fitness boot camp in Texas. I am ready to roll but have questions on legal issues. I have been told that I need ...
California Contracts require Cancellation Clause





All Personal Training Contracts issued in California MUST comply with the California Health Studio Services Act and have a cancellation clause. FYI
Best Business Entity





I am looking forward to starting my a "in-home" personal training business specific to young moms and moms to be in Sparta, NJ. I've just begun my research ...
Establisihing my Business Name





I am a certified personal trainer who works for a health club. I am considering running my own training business on the side. My questions are do I have ...
Finding an Attorney for my personal trainer forms





I have made up all of the legal forms I need for my personal training business, and now I'm looking for an attorney to review them and make sure they cover ...
Who Owns My Client Notes?




I currently work for a studio who provides my work permit. i am leaving at the end of the month to go to another studio (5 minute walk away and a direct ...
Cancellation Policy Limits and Retainer Fees
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Hi I am an Independent Personal Trainer Contractor. I have not been working as a Independent very long and I have a company contract in which I am negotiating ...
Switched from Employee to an Independent Contractor
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Hello, I work at a gym where all employee's were swithched to independent contractors. That is front desk, instructors, trainers, play area staff. Is ...
Extended Liability Waiver Form
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I've read about having a liability waiver form and completely agree for obvious reasons. But I've also read that simply having a liability waiver, release ...
Logo and business copywriting
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Hi guys,
I have been searching long and hard, but still have not been able to get a good answer to this question. I designed my own logo and business ...
Status change from employee to independent contractor
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This is the second facility to do this to me and cause me to lose my entire client base.
My name is Dawn Van Dort. I've been an instructor and trainer ...
My personal trainer was fired
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I joined a gym almost a month ago, and after meeting with one of the personal trainers I decided to sign on with her. I have MS, and some other physical ...
Nutrition--what can I call myself
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I am starting up a small personal training company. I had one before, went back to a desk job and am in the process of getting certified again. After I ...
Independent contractor vs. employee
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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 ...
Expanding a mobile personal training business
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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 ...
Training others out my own house
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My question is I am looking to start my own business and wondering what are the rules and regulations for having a personal training business out of my ...
Is it necessary to form a business entity?
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Hi. My name is John and I am a personal trainer ready to launch my own part-time home business. I will be training clients at their homes, parks, rented ...
Nutrition Counsel
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I am a certified Pilates Instructor and am studying to take my Personal Training exam. I am wondering, am I able to offer nutrition counsel to clients ...
Online personal training - does this require registration in multiple states?
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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 ...
Waiver/Non-Compete Forms
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We are a very small start up personal training company in Akron, Ohio and are in need of some legal forms for our clients to fill out, along with a non-...
Start Up License Requirements
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I am trying to start up a part time personal training business where I will train clients in their homes. I am unsure of the type of business liscense ...
Physicians Consent
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Physicians Consent-
I am a recently certified personal trainer - I have picked up several clients and I have them fill out the: Informed consent for ...
Setting up a Home based personal training business
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I am thinking about turning my garage into a personal training studio. I am Certified by NASM and have 10 years of experience in the field. I Live in ...
zoning regulations for training studio in residential areas
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I live in Los Angeles City, CA. The zip code is 90026. My residence is registered R2 and I want to use part of my court yard area to train groups of up ...
Independent Contractor Agreements
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What should be included in an agreement to operate my personal training business from a club facility?
business license
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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 ...
Working at Multiple Clubs with Multiple Clients
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Hi Charles, If I wanted to work with clients at the club of their choice, would I have to join that club as well?
If I did become a member of the same ...
BUSINESS LICENSE
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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 ...
Business License Required?
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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 ...
Offering Services when not Certified
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As an independent contractor in a fitness studio, is it illegal for me to hold P90X classes and advertise it as so? Or what about cross fit training, even ...
Hiring Independent Contractors
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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 ...
Business License
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Do you know if you need a business license in the state of Florida to operate as a personal trainer when going to a client's home, office, country club?...
how do I cancel a Personal Training Contract?
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please read about my troubles with the Boxing Club of San Diego, Ca; here is the link:
http://www.ripoffreport.com/reports/0/308/RipOff0308248.htm
What ...
Legal Software
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If I use a software like Quicken Legal Business Pro do I still need a lawyer? What considerations do I need to think about for HIPPA compliance?
Self employment taxes
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What do you know about employment taxes? How about the social security taxes, does it make a difference if you are self-employed, or employed by any business?...
New Personal Trainer Legal Issues
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I am about to turn 18 and am looking at doing a small part-time personal training deal while getting my bachelors degree in exercise science. (Like 2-3 ...