Answers (6)
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Hi Andrew,
it is my understanding that a liability waiver or a health history form does not protect you anywhere if you demonstrate gross negligence. Where I am careful is to get a physician's approval. The form I use provides space for the MD to write about modifications and other considerations with regard to the exercise programming. I would also advise you to keep good records of what you do with your clients.
If you apply what you have learned as part of your certification and stay within the scope of practice, you should not have to worry. It is my understanding that lawsuits against personal trainers are few and far between.
As far as legal advice is concerned: see whether you can call a government agency. They have staff that is responsible for explaining to people how laws apply. With your specific question, I would start with the Chamber of Commerce and then wing my way to the person who can give me an answer.
it is my understanding that a liability waiver or a health history form does not protect you anywhere if you demonstrate gross negligence. Where I am careful is to get a physician's approval. The form I use provides space for the MD to write about modifications and other considerations with regard to the exercise programming. I would also advise you to keep good records of what you do with your clients.
If you apply what you have learned as part of your certification and stay within the scope of practice, you should not have to worry. It is my understanding that lawsuits against personal trainers are few and far between.
As far as legal advice is concerned: see whether you can call a government agency. They have staff that is responsible for explaining to people how laws apply. With your specific question, I would start with the Chamber of Commerce and then wing my way to the person who can give me an answer.
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While the health history form may not provide you any additional "protection" from a liability sense, it can still provide you a lot of information. I think of my health history form as a way to gain information about my client so I can create a program for them that will best address their needs, goals and allow them to live their healthiest life without increasing their risks. My health history form covers any prior disease diagnosis, results from their last check-up (if they haven't had one in 5+ years that provides a lot of info too), current medications, past surgeries, etc. With this information I can make sure that the intensity of our sessions is correct (coupled with the info I get from their assessment) since different medications can affect HR. I can also see if I may need further clarification from their physician or physical therapist. I get clued in on what to look for in an assessment (muscle imbalances, postural concerns, etc). There is more to be gained from a health history than just protection from a liability sense.
In VA if you business is registered, you can also get a lot of help and information from the business buruea. They have a great website. When I lived there, I found that calling or emailing them usually got me an answer within a week.
In VA if you business is registered, you can also get a lot of help and information from the business buruea. They have a great website. When I lived there, I found that calling or emailing them usually got me an answer within a week.
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Hello Andrew, If you're AFAA certified...you will find an "Agreement and Release of Liability" form in your AFAA book (first edition, 2006, revised 2007) in the Appendix C...page 429 as well as 24 more Personal Trainer and Assessment Forms.
Hope this Helps!
Sincerely,
Michael
Hope this Helps!
Sincerely,
Michael
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Andrew,
Your concerns are legitimate! I don't have anything to add onto what Karin and Jocelyn have said other than to tell you that a general rule of thumb is "the more paperwork, the better." ACE does have some excellent templates for you to go off of. I know that lawyers can be expensive, but they are worth it when it comes to your livelihood. You should find a law firm that offers free consultations for the type of paperwork that you need to have done. You might be surprised at how cheaply you can get some quality legal documents drawn up.
These contracts are actually legally binding to an extent (this type of law is called tort law), but they will not protect you in any way from gross negligence, like Karin said.
Check on the ACE website if you haven't already, and use their career resources feature when you login. It never hurts to read and re-read the last couple of chapters in the current ACE Personal Trainer manual.
TRY TRY TRY to get picked up a local gym as an independent contractor. You won't have to worry so much about these forms as they'll already have some drawn up for you that you can use.
As far as health history goes, you can NEVER have too much information on a client when it comes to health and lifestyle. Every bit helps you when designing programs and "getting into your clients' heads." Just make sure you don't run a client off with a mountain of paperwork. =) haha
Your chances of getting sued are most likely slim to none if you are caring about your clients and you do your best to keep their safety as your top priority!
Your concerns are legitimate! I don't have anything to add onto what Karin and Jocelyn have said other than to tell you that a general rule of thumb is "the more paperwork, the better." ACE does have some excellent templates for you to go off of. I know that lawyers can be expensive, but they are worth it when it comes to your livelihood. You should find a law firm that offers free consultations for the type of paperwork that you need to have done. You might be surprised at how cheaply you can get some quality legal documents drawn up.
These contracts are actually legally binding to an extent (this type of law is called tort law), but they will not protect you in any way from gross negligence, like Karin said.
Check on the ACE website if you haven't already, and use their career resources feature when you login. It never hurts to read and re-read the last couple of chapters in the current ACE Personal Trainer manual.
TRY TRY TRY to get picked up a local gym as an independent contractor. You won't have to worry so much about these forms as they'll already have some drawn up for you that you can use.
As far as health history goes, you can NEVER have too much information on a client when it comes to health and lifestyle. Every bit helps you when designing programs and "getting into your clients' heads." Just make sure you don't run a client off with a mountain of paperwork. =) haha
Your chances of getting sued are most likely slim to none if you are caring about your clients and you do your best to keep their safety as your top priority!
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Does anyone know if liability waivers would provide any extra protection for me in Virginia?
VERY GOOD QUESTIONS.
In order to understand this answer you would have to consult without previous court rulings on this topic to understand if waivers are allowed (As this varies from state to state).
Virginia is one of the states that does not allow waivers. Therefore, they are not enforceable documents in court.
Therefore strict level of risk management should be practiced without your setting as well as have good insurance.
Fuel the movement,
JM
VERY GOOD QUESTIONS.
In order to understand this answer you would have to consult without previous court rulings on this topic to understand if waivers are allowed (As this varies from state to state).
Virginia is one of the states that does not allow waivers. Therefore, they are not enforceable documents in court.
Therefore strict level of risk management should be practiced without your setting as well as have good insurance.
Fuel the movement,
JM
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