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Personal Training Legal Issues

Starting your own personal training business can be scary. But now you can get your legal questions answered for FREE by an expert Fitness Attorney.

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!

fitness lawyer

Charles Weller
(858) 414-7465
www.fitnesslawyer.com

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.

But First... the Disclaimer

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.

What does a Fitness Lawyer do?

Here are some of the common personal training legal issues that a fitness attorney can assist with.

  • Establishing the best business entity (Sole Proprietor, LLC, S-Corp etc.)
  • Review or create business documents like waivers, consent forms, membership contracts, billing agreements and customer agreements.
  • Negotiate lease terms potentially saving you thousands of dollars per year.
  • Resolve disputes before they turn into an expensive and time-consuming lawsuit.
  • Represent your interests if you are sued. It is not enough to be "right" these days. You need somebody that can prove you are not liable.
  • Protection your intellectual property. Make sure your trademarks are protected against infringement. More importantly, make sure you are not infringing on someone else's trademark which could subject you to lawsuits, large fines, and even changing business names/slogans.
  • Help you expand or sell your personal training business.
  • Assist you with your other related fitness professional endeavors.

 

Do You have a Personal Training Legal Question?

You can ask your personal trainer legal questions below.

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Personal Training Legal FAQ

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.

training outdoors  starstarstarstarstar
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  starstarstarstarstar
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?  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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?  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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.  starstarstarstarstar
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  starstarstarstarstar
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?  starstarstarstarstar
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?  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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?  starstarstarstarstar
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?  starstarstarstarstar
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  starstarstarstarstar
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?  starstarstarstarstar
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?  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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  starstarstarstarstar
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   starstarstarstarstar
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  starstarstarstarstar
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?  starstarstarstar
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 ...

Independent contractor vs. employee  Not rated yet
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  Not rated yet
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  Not rated yet
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?  Not rated yet
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  Not rated yet
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?  Not rated yet
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  Not rated yet
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  Not rated yet
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  Not rated yet
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  Not rated yet
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  Not rated yet
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  Not rated yet
What should be included in an agreement to operate my personal training business from a club facility?

business license  Not rated yet
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  Not rated yet
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  Not rated yet
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?  Not rated yet
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  Not rated yet
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  Not rated yet
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  Not rated yet
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?  Not rated yet
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  Not rated yet
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  Not rated yet
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  Not rated yet
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 ...

 

 

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