6 essential legal forms for your personal training business
Personal trainer legal forms are often overlooked, but it’s important for any reputable fitness business to have them in place.
The
risk of being injured at the gym is higher than some people may think. Research
has revealed that two in five UK gym-goers have injured themselves while
training.
Most
gym injuries result from overexertion or poor form. However, other accidents
are common and can result from:
faulty equipmenthealth and safety breachespoor instructionforgotten or inadequate inductions
As a
personal trainer, you have a legal ‘duty of care’ to your clients to reduce the
likelihood of these accidents.
You
might be hosting training sessions at a local gym, a client’s house, outdoors,
or even remotely. Even though you’ll typically hold sessions on someone else’s
premises, you may still be liable if your client is injured.
That’s
why there are several forms you should complete and get signed by new clients
before any physical activity can commence. These forms will help you design a
suitable training programme for your client to
minimise the risk of injury and your potential liability.
Chris
Salmon, Operations Director of Quittance Legal Services,
outlines the key legal forms a personal trainer needs.
Table of contents
Disclaimer formPhysical Activity Readiness Questionnaire (PAR-Q)Fitness assessment formEmergency contact details formClient-trainer service agreementOnline forms
1. Disclaimer form
Signing
a disclaimer form is a matter of course for anyone wanting to engage in
activities with an element of risk.
As a
personal trainer, you could be liable if your client is injured during a
training session. However, a disclaimer (also referred to as an exclusion
clause, exemption clause, or waiver) is a legal statement designed to limit one
party’s liability to another. In this case: your liability to your client.
That’s
why a disclaimer is one of the most important personal trainer legal forms to
have in place.
You’ll
need to ask new clients to sign a disclaimer before they start their first
session. Take time to review the disclaimer with the client, rather than asking
them to sign it 5 minutes before the initial training session.
Chris
Salmon: “By law, clients cannot sign away their fundamental right to
seek compensation for an injury. Many disclaimers are written in a way that
suggests these rights can be waived, but such clauses are often unenforceable.
A
disclaimer is a useful way to underscore the risks and importance of proper
technique from the outset. That said, don’t rely on the disclaimer in the event
a client is injured.”
If
you have a website, blog, or social media presence, make sure you link to an
appropriate personal trainer disclaimer form that warns of the health and
safety risks of the exercises you’re promoting.
Related: How to use PT testimonials to boost your business
2. Physical Activity Readiness Questionnaire (PAR-Q)
Some
level of physical activity should not be a problem for most people. However,
you should avoid relying on an individual’s informal assessment of their health
and ability. Many new clients will not know their limits or the risks of
exceeding them.
That’s
where the Physical Activity Readiness Questionnaire (PAR-Q) comes in. A personal
trainer PAR-Q form is a detailed questionnaire about a client’s general health
and exercise history.
The
form asks clients to disclose any health condition, injury, or illnesses that might
affect their ability to exercise. It also asks questions about the client’s
health goals and helps personal trainers design a programme that won’t put the
client at undue risk of injury.
Should
the client sustain an injury, a signed personal trainer PAR-Q form would demonstrate
that you took the necessary steps to identify and mitigate the risk.
Clients must also notify you of any change in their circumstances—for instance, pregnancy or the diagnosis of an illness.
3. Fitness assessment form
Although
there may be some crossover with the PAR-Q form, you should use the fitness
assessment form as an ongoing record of your client’s fitness and health
levels.
You
can tailor this personal trainer form to different exercises and client goals.
You can also use it to track anything from weight to BMI or resting and active
heart rates. A fitness assessment form can be used as an activity log and a
nutrition diary.
You
should complete this form during an initial training session and periodically
(usually monthly) after that.
The
fitness assessment form can serve as further evidence that you’re actively
monitoring a client’s health in the event of a claim.
Related: How to become an online personal trainer
Sometimes
incorporated in the PAR-Q form, you’ll need your client’s emergency contact and
medical information to be readily accessible.
You
should have a clear procedure in place in case a client is seriously injured.
For example, if you’re training in the park, you must ensure you have immediate
access to the client’s contact information.
Whatever the initial cause of a client’s injury, you could be held liable if this is worsened due to your failure to access medical information (such as a heart condition or allergy).
5. Client-trainer service agreement
A
service agreement is a good idea from a commercial point of view, as it helps
formalise the client-trainer relationship.
You
can use it to set out your general terms and conditions, such as session
cancellation fees and contract length.
This
personal trainer legal form can outline training policies, your warranties to
the client, and theirs to you. The client can acknowledge that they have sought
the green light from their GP to participate in the training programme.
Alternatively,
the client can confirm their agreement to proceed without a medical exam,
provided they absolve you from liability for any injury or illness that might
have otherwise been preventable.
Furthermore,
the client can use the agreement to consent to the programme and agree to
notify you if their personal or health circumstances change.
Related: What insurance do personal trainers need?
6. Online forms
The recent
surge in remote training means you might never meet your client in person or
share the same physical space.
However,
you could still be liable for a client’s injury, even if it occurs at the
client’s home. Your duty of care to your client still exists, and you must
ensure they complete all your standard personal trainer forms.
For
example, if you’re holding an online class over Zoom or Teams, you’ll still
need to ensure that the client has checked their training area for hazards.
The
client also needs to confirm that they’ll use any personal equipment in line
with manufacturer guidelines and that they’re fit enough to participate in the
class. You can add these clauses to the standard disclaimer form.
Various third-party web form providers can integrate with your website, class sign-up process, or online training session provider. Alternatively, your forms can be sent out, completed, and returned before your first training session.
Despite your best endeavours, there’s always a risk that your client might injure themselves either during a session or as a result of your advice.
That’s
why you may want to take out specialist personal trainer insurance, particularly Public Liability cover.
This
insurance will cover you if you’re held liable for a client’s injury or if they
injure another person during a training session. Public Liability insurance
will also cover damage to third-party property, such as exercise equipment at
the gym you’re using.
Through Insure4Sport, you’ll receive up to £10m Public Liability cover.
Find out more about our personal trainer insurance here, or get an online quote in minutes
