Almost everyone is familiar with a liability waiver, they’re often required before any potentially rigorous physical activity from skydiving to tennis lessons. Anyone who has been to a gym has likely signed one in order to gain use of the facilities. Such waivers are commonly used to protect businesses from pricey litigation, but what about personal trainers, do they derive any protection from clients signing waivers?
While each personal trainer’s situation will be unique depending on their state’s particular regulations and the trainer’s employer, in general, having clients sign a waiver alone is insufficient for protecting trainers in the event of an accident or injury.
Of course, there are many more intricacies to liability waivers and the protection they can offer personal trainers. Some may say that such waivers aren’t worth the money they are printed on, but when used in conjunction with other protective products and procedures, such as liability insurance, liability waivers can help insulate personal trainers from the most unfortunate of unforeseen circumstances. So, be sure to read on for all the pertaining details between personal trainers and liability waivers.
What Does a Liability Waiver Protect Against?
Typically, a liability waiver, or release of liability form, stipulates that a customer is not allowed to sue for damages if their use of goods or services has resulted in physical injury or other harm. This can cover anything from a sprained ankle to death, as these waivers often have language about common injuries related to their business that can be quite frightening. Of course, at this point, you’re probably wondering, “But do they actually protect against anything?”
Well, in general, it is best practice to get everyone to sign such a waiver before working with them. This is because a properly worded waiver will protect a business from legal jeopardy, even if it was due to negligence.
And once a waiver is brought forth in a court of law, they are often found enforceable. Although this means that they don’t protect from an initial lawsuit, they still will help businesses get such lawsuits dismissed once the case is heard.
This is because what these waivers offer is a legal document that has an “assumption of risk” (or AOR), which often works to restrict any clients’ rights to sue if they are harmed in any way. This way, if they do choose to sue, the business can claim they have no standing via their waiver. This does require, however, that the waiver is well-written and legally sound—without being so all-encompassing as to be unenforceable. But what about personal trainers specifically, can they derive benefits from liability waivers as well?
Do Liability Waivers Work for Personal Trainers?
Due to the often physically taxing nature of their work, it makes sense that personal trainers, or their employers, would require clients to sign a waiver. After all, new clients often exaggerate their own physical fitness, which can lead to potential injuries and issues that are hard for even the best trainer to mitigate. But just because they are commonly used, does that mean waivers will work for personal trainers?
Well, the truth of the matter is that liability waivers don’t preclude anyone from suing, as such waivers only typically can be used to weaken one’s legal standing after they are already in the system, as it can be hard for a potential plaintiff to prove that they were unaware of the risks when they have signed a waiver saying that they were.
Furthermore, the laws that govern waivers vary from state to state, meaning that a waiver worded exactly the same way in California may hold different status in Illinois.
In short, lawsuits still happen all the time in the fitness industry and personal trainers can often be an unfortunate target.
This is why many trainers opt for some form of personal training insurance coverage. Getting general liability coverage can provide great peace of mind and helps protect the investment that personal trainers have made in their business. Such coverage, combined with the proper release of liability forms, can create a much safer legal environment for personal trainers to work in.
Independent Trainers Versus Those Employed by Gyms
There is one last aspect to consider for personal trainers and that is their employment situation. Trainers that are employed by a gym as full-time staff typically enjoy protections as an employee that shield them from direct legal threat. However, for those personal trainers that work independently, the need to protect their business as a sole proprietor is no different than that of a typical gym owner. This means that independent trainers not only should have a quality waiver at the ready but that additional protection such as insurance becomes all the more vital—as ultimately it is the trainer who is now on the hook.
Liability Waivers, Useful but Not Without Their Flaws
In conclusion, liability waivers can be useful tools to help protect personal trainers from unwanted litigation, however, those that rely on them alone are asking for trouble. In truth, liability waivers work best as one piece of a business protection plan that should also include other aspects such as liability insurance.
We hope you’ve enjoyed reading about liability waivers and their utility for personal trainers and that you’ve learned something new along the way. As always, please don’t hesitate to reach out with any questions or comments you may have. We’re always here to help!
