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Waivers for Group classes?

by Lorraine
(NJ)

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, are there any legal issues and do I just need each person to fill out a waiver of some sort? I am assuming I do not need to complete a fitness assessment on a group as I would for a 1:1? Thanks!!!

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Waiver and release form
by: Anonymous

Yes you absolutely need to have the WAIVER AND Release form for a group fitness class - releases you from any liability in the event of an accident. Make sure each new student has one - if you teach at a Golds gym for example then they cover this for you if you are out on your own then make sure you cover yourself and have each client sign one.

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Mobile Personal Training Business

by L.A.
(CO)

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 trails, etc.).

I'm wondering if I need more than the basic liability insurance, waivers or contracts to cover my risk in this type of training business. Is there a particular auto insurance I should carry, since my vehicle is so involved in the business?

I do, plan on incorporating. At first, I will be the sole trainer. Perhaps, with success of this service, I would consider hiring other trainers to work for me. Are there any legal considerations I should be aware of?

Thank you for your time and assistance.

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Mobile Trainer
by: Anonymous

I am also setting up my business as a mobile training service training in client's home's and local park's I would love to hear a response to this person

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Mobile Personal Training Business Answers Regarding Insurance and Staffing
by: Anonymous

Your basic liability insurance waivers or contracts from any accredited organization such as ACE, ACSM, NSCA or IDEA should cover your risk. As for your vehicle, you should talk to your auto insurance provider to see if there is any additional coverage you will require.

As your business grows you will be faced with the question: do I want to expand and hire additional personal trainers or administrative staff? Keep in mind that hiring staff takes time and effort. Take a good look at your business structure and budget before you decide to hire someone.

Before you hire additional staff ask yourself the following questions

1. Do you really need to hire staff for the long term?

2. Are you experiencing an increase in workload that will only last for a short period of time or do you expect it to continue?

3. Can you afford to hire additional staff?

If you decide that you want to hire additional staff:

Develop a clear idea of what you want that person to do and the job qualifications the person should have for the job. From this, you will be able to create a written job description.

Independent Contractors vs. Employees:

The first decision you will need to make is whether or not you want to hire people as independent contractors or as employees. Independent contractors are paid an hourly rate for the time they work and are legally responsible for the services they perform. If you decide to hire a personal trainer as an independent contractor, it is a good idea to require that the personal trainer has his/her own liability insurance.


The Main Differences Between Independent Contractors and Employees

Independent Contractors:
*Liability is passed away from the business and onto the independent contractor.

*Paperwork is minimal.

*The only requirement for the business owner regarding taxes is a 1099 MISC form to the independent contractor and the IRS each year if the independent contractor was paid over $600 over the previous year.

*The business owner does not have control over the means and methods of how the independent contractor trains clients.

Employees:
*The business owner is liable for all services rendered.

*Additional employee paperwork and procedures are required to hire employees.

*The business owner will have to pay payroll or employee taxes.

*The business owner has control over decision-making and policies, procedures etc. All employees will be required to follow specific training methods and philosophies.

I hope this information is helpful! Good luck with your mobile business!

Machelle Lee - The Invisible Gym- Mobile Personal Fitness Training. www.the-invisible-gym.com


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Can I be Sued for Providing Free Training?

by Mary
(St. Louis)

I lead a exercise class for seniors twice a week. No fees,no rent, no salary, no contracts,No monies, Only gifts done once a month from those who want too give a few dollars.

Can I be liable for anyone's injuries?

I always give complete instructions , Well we know that does not always mean they will be taken.

I've been certified with another organization but this is not related with them,this is a fun group organize to feel better and be more healthier

Will it be ok to have them just sign a waiver of liability. Or is that necessary at all, because there is no above nos No money, NO contracts?

There have been many reported of their medicine has been reduced. Walking cane have been retired

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The world we live in
by: Jay

Even though you provide a free service, without a client or associate signing a waiver of liability you are still held liable. just like someone wearing wet shoes in your house and they slip, you can be held liable. Of course the burden of proof resides on the person making the claim. The waiver allows us as trainer to have piece of mind, and provide a great service, with less risk (cause there are crazy peopl out there) of being sued

Most importantly "mind your business", "mind your business", "mind your business".

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Getting sued
by: Jacques

Based upon past litigation over the years you indeed can be sued at anytime by anyone for any information exchanged. Additionally there have been cases, most notably on recent in New York, where the plantiff was a member of a gym who asked a randon member (not a trainer) to assist during a lift. The plaintiff asked for a spot while doing an incline dumbbell press, which he had already done several reps, and when the defendent agreed he spotted the plaintiff correctly but the area immediately around the bench had dumbbells on the floor. When the plaintiff finished his set he dropped the dumbbell on the floor and smashed his finger which ended up being amputated. The plaintiffs case was based on American College of Sports Medicine spotting protocals, which inthis case were not followed. Plaintiff was able to recover $50K in damages due to the neglegence of the defendant for not following the ACSM protocals despite the fact that the defendent had never been a trainer, had no training experience, was not and had not been an employee of the gym, and was doing the plaintiff a favor.

Getting minimum 1 million/3 million liability coverage is the single most important thing a trainer can do. anytime someone does something to themselves they usually want to blame someone else for the mistake and take advantage of our legal system and employ a lawyer. When I am in the gym I do not offer help to anyone when I am training myself and ALWAYS have people read and sign an imformed consent paper as well as go through a series of questions pertaining to physicial condition and health issues. My personal property and family are more important than some lawyers personal property and family. They should be to you as well.

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Not everyone is warm and fuzzy!
by: Anonymous

You need to cover yourself with liability ins. AND a waiver form no matter what the circumstances are. It's better to have back up and peace of mind. Not everyone is warm and fuzzy. Even if a client got hurt, the family may press the client to take action against you.

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Parental Consent Forms

by CJ Bellamy
(Houston, Texas)

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 to his son participating in my program. The reason I ask is because thus far I have only had the son sign the liability waiver but the father has not signed anything yet, and if something where to happen, is the sons signature valid on the waiver?

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Parental Consent
by: Tania

Definately have the parents sign a consent and waiver for extra insurance, it can only help to save your butt, right? Your cert provider may have forms other wise you can make some of your own following other forms making sure all the pertinent info is there ie, names, dates, agreements, signatures, etc...

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Look at Your State Law
by: Anonymous

In some states parents cannot sign a liability waiver for children, and children under 14 years old also cannot sign a liability waiver. I don't train children under 14.

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Liablity Waivers - Do they Protect Me?

by Vika
(UK)

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 his or hers personal trainer. Could you tell me please, would the Law disclaim this form, should any non-negligent injury or death happened? I live in the UK.

Hope you can answer this question! Thank you very much.
Vika

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Liability Waivers
by: Charles C. Weller -- FITNESS LAWYER

Liability waivers are often used to limit liability. The exact extent of that limit will be determined by the law of your jurisdiction. Typically, they do not protect against gross negligence or intentional torts. This is a mechanism in the law whereby one is held accountable for intentional wrongdoing or extreme recklessness despite trying to contract away the liability. But, for ordinary negligence, liability waivers often are valid. (Once again, this depends on the law of your jurisdiction).

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