If you operate a fitness business you need to protect it with a Waiver of Liability , writes lawyer to the fitness and wellness industries Cory Sterling .
CEC ARTICLE
4 OF 5 ARTICLES
WHY DOES YOUR
FITNESS BUSINESS NEED A WAIVER OF LIABILITY ?
I f you are operating your business without a comprehensive , personalised Waiver of Liability , you are walking on eggshells .
The fitness industry continues to change in response to pandemic restrictions . In order to survive and thrive in this evolving landscape , you must also change .
Whether you ’ re hosting hot flow yoga at your local studio , fitness classes at your gym , teaching Pilates online or are the go-to massage professional in your community , you ’ ll need a Waiver of Liability before working with your clients .
A Waiver of Liability protects your business from the vast majority of claims and lawsuits . In today ’ s world , with Covid still running rampant , a Waiver of Liability is more important than ever : it ’ s your number one defence against getting sued and being held liable .
Here ’ s what you ’ ll need to include in your Waiver of Liability to ensure it ’ s up-to-date and enforceable .
What is a Waiver of Liability ?
A Waiver of Liability is a legal document between you and your clients that outlines the inherent foreseeable risks of your activities / offerings / services and releases you ( the business owner ) from liability .
Do you need a Waiver of Liability for your business ?
If someone gets hurt on your watch ( e . g . during one of your classes , offerings or services ), a professionally written waiver will protect you from liability ( being sued ). A Waiver of Liability is your frontline defence and will protect you from the vast majority of claims .
Can you cut and paste a waiver ?
You may be wondering whether you can copy and paste a waiver from a similar business to yours , or whether you can use a generic waiver or DIY template downloaded from the internet . After all , you ’ re not the first person to have run a personal training business . Please don ’ t do this . Ever . I say this with love . While it may be tempting ( because your business may be similar to others in the industry ), your business is uniquely different and your waiver must be crafted to address your specific products and services . Your friend Sara may be a PT too , but she may not run outdoor HIIT sessions .
The problem with DIY contracts and generic templates is that they leave out key legal provisions . This will go against the legal requirements of a valid contract .
NETWORK SPRING 2021 | 41