[C Lenart]

Legal Liability Issues For Personal Trainers

The following are some legal liability issues for personal trainers that were recently discussed in my class titled "Creating and Operating Your Personal Fitness Training Business" which I recently completed through the Fitness Certification Program at UCLA. This lecture on legal liability was given by an attorney who has specialized in the medical/legal field for 30 years.

We've all heard of personal trainers being potentially liable for a myriad of issues. Here are some areas spelled out in formal legal detail.

> Personal Trainers can be sued for negligence.

Negligence is the failure to conform to a reasonable standard of care. A reasonable standard of care is spelled out in the ACSM Guidelines For Exercise Testing and Prescription. As a personal trainer, you should be familiar with and have a copy of this publication.

> Two items that determine negligence:

1. Did you have a duty?
2. Did you breach that duty?

> What is a duty?

A duty is a responsibility to act as a reasonable person when you could foresee a problem.

> The four basic duties of a personal trainer:

1. Inform
2. instruct
3. Monitor
4. Supervise

>In order to demonstrate professional negligence or malpractice, four factors must be present:

1. Proximate cause: Were your actions the cause of the injury?

2. Damages: The injured party must show damages

3. Duty

4. Breach of Duty

> Ten "potential" risks of legal liability for personal trainers:

1. Failure to screen by ACSM standards

2. Failure to provide emergency support. Know contact info for client's doctor, have first aid kit, and know where the local hospital is.

3. Failure to adequately instruct in safe use of equipment and instruct on techniques sufficiently.

4. Giving out more than just basic info on supplements and nutrition. When in doubt, refer to a Registered Dietician.

5. Diagnosis of a medical condition or treatment of a medical condition.

6. Failure to get an informed legal consent waiver. There are two kinds of informed consent. The first is where you provide the client with a list that discloses the risks and the second is where you screen the client and then disclose the risks. A waiver is a legal document that precludes the client from sueing you. For clients with "known" health risks, you should disclose all possible risks that could effect the client.

It is "recommended" that personal trainers have the informed consent provision and the legal liability waiver on two "separate" pieces of paper.

The informed consent form that is provided to the client should include the following four items:

A. type of exercises to be performed
B. the intensity level to be performed at
C. list that the client will advance in stages
D. client should stop if they feel fatigued

The risks that should be listed on the informed consent form are that a strain can be placed on muscles, bones, and there is a possibility of heart attack, stroke, or even death. Have the client intial each paragraph and sign off that they have been cleared by a doctor or that they refused to see a doctor or the client should certify that they are in good health.

7. Failure to provide client confidentiality agreements and statements.

8. Failure to maintain proper conditioning for each client.

9. Failure to inspect and warn the client on equipment defects that are known or discoverable.

10. Touching improperly without consent.

> Five "suggestions" to avoid legal liability:

1. Spend a lot of time on the initial interview.

2. Specialize in the group or demographic you are dealing with or plan to deal with.

3. Protect yourself with notes and letters

4. Never take on a client you are not qualified to train.

5. Try to avoid clients you do not like.

> Waivers for negligence:

You should have the client sign a waiver or perspective release where the client cannot sue you for negligence. The waiver will act as a release of liability and should include the following words in bold large type for the client to sign .

"I acknowledge that I have carefully read this waiver and release of liability. I understand that I am waiving a legal right to bring a legal action and to assert a claim against the trainer for negligence."

> Legal claims that CANNOT be waived:

1. Safety Requirements such as CPR qualifications

2. Gross misconduct which is the action or omission in reckless disregard of the consequences to the safety or property of another.

3. Intentional Misconduct

> Insurance policies for personal trainers:

As a personal trainer, you should carry an insurance policy that provides for:

1. General Liability

2. Professional Liability

3. Personal Injury for Defamation

[muscletrainerdh-NSCA CPT]

CLenart,

Great information! And as a follow up, how many of you have insurance and what levels of coverage do you have?

When I was living in DC I was told to get the maximum coverage I think it was $5 million per event and $5,000,000 per aggregate. But that was DC where everyone is Litigation Happy!

Now that I live in Western PA, I'm thinking about getting lower coverage. (Because that's all I can afford right now).

What are your thoughts?

Dave

[C Lenart]

I've always taken the stance that it's better to be overinsured than underinsured. If cost is an issue though, check with your insurance carrier to see how much more $5 mill in aggregate coverage costs versus say $3-$3.5 mill.

[muscletrainerdh-NSCA CPT]

Hey Curt,

I have another question, and this is open to any other trainers that may be teaching a "Boot Camp" type of class.

Would I need a specific "group exercise" insurance if I was training say 5 to 10 people at one time in a "Boot Camp" type of class?

I'm trying to set up one here in a public park but want to have the correct insurance when I suggest the class to the city council that approves usage of the park.

Thanks a bunch,

Dave

[C Lenart]

Dave:

I'm not an attorney and cannot give you legal advice but I would suggest at the very least that you have insurance for:

1. General Liability

2. Professional Liability

3. Personal Injury for Defamation

You should also have each client sign a liability waiver and informed consent agreement and be sure that the City Council knows about and approves of the size and nature of your training boot camp. In addition, you should have your moblile phone on your person while conducting the training class and have a list of the phone numbers of the hospitals in the area where you will be training.

Beyond that, you may wish to contact your insurance carrier to see if you require a "rider" for a group class, if they offer such a thing.

Curt