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July 05, 2005
Self Defense
Some people feel that asking a future spouse to sign a pre-nuptial agreement takes the romance out of the marriage. But the personal trainer/client relationship is a professional one, and the authors of Becoming a Personal Trainer for Dummies offer some terrific advice on how to start out on the right foot: hire a lawyer and negotiate a waiver of liability! They also suggest presenting the client with a disclaimer and informed consent form containing the following langauge:
I realize that my participation in these activities involves potential risk of injury, including but not limited to bodily injury, heart attack, stroke, or even death. I also recognize that there are other risks associated with exercise and personal training and that it is not possible to list every one.
Dummies, pp. 95-96.
Getting a lawyer is the easy part. What personal trainer doesn’t already have her own attorney? None that I know. In fact, most of the master trainers at my gym have entire law firms on permanent retainer. At $600 an hour, legal counsel is one of the best bargains going.
The tricky part is getting the waiver signed. Once the client apprehends the grave threat you pose to his life – risks so varied they can’t even be enumerated -- he may want a lawyer of his own. But this doesn’t have to put a chill on things. Most health clubs have conference rooms to accommodate waiver negotiations, typically adjoining the pilates studio. Pick the right caterer, and things can be quite civilized as counsel negotiate through the night towards a fair and equitable level of client injury and disability.
Due to the increasing popularity of pre-training legal summits, it’s now common practice for a client to dispatch counsel to your club in advance of the introductory free session. Ideally your own counsel will be advised of the arrangements so you can simply make the necessary introductions and go about your business. If the client appears as well, feel free to put him on a scale or whip out the calipers – but no training until the waiver closing has occurred.
Be aware that if your gym is running special promotions you may be called upon to execute paperwork concerning sweatshirts, mugs, tee shirts and the like early in the evening. Don’t mistake these for the waiver, which generally presents itself in a large black binder.
Leave it to the lawyers to thrash out the details. But don’t lose sight of the big picture. Given what’s at stake, it might be prudent to suggest an updating of the client’s will and health care proxy. Questions over who has the ultimate authority to remove life support – the trainer, the client’s spouse, or the assistant manager – should be fully addressed. Similarly, the agreement should cover whether training sessions are suspended for the duration of the lawsuit or merely on the days of the parties’ depositions.
Finally, some issues will require the participation of the club’s corporate counsel, such as whether the full membership fee or merely the discounted retaining charge is due when the client is in a coma.
Don’t underestimate the power of minimizing your exposure. A strong legal position makes for a stronger client, when the trainer is free from the spectre of litigation. Make sure that pushing your client beyond his physical limits doesn’t push you beyond your financial means!
Posted by Kristen at July 5, 2005 11:53 PM