Waiver Forms for Personal Training Form

Waiver forms for personal training are used to protect a trainer from liability in the unfortunate case that a client is injured while training. These forms must typically be completed by the client before training services are rendered. Personal training waiver forms are typically basic and only require standard information from the client such as their name, date, and signature. Personal training waiver forms can last for a set number of sessions or can be effective indefinitely.

What are Waiver Forms for Personal Training? 

Personal training waiver forms are used by personal trainers working with individual clients. This form will be used to protect the personal trainer from liability in case a client is injured or suffers financial or physical damages during their interaction with the fitness trainer. This form typically must be completed before the client begins sessions with the trainer, whether they are held at the client's home, the trainer's home, or a fitness center or gym.

These forms are typically basic, and the client will only need to include some information, such as their name, the date they will start their training, and the date they are completing the form. A trainer can have a single standard form available with the same information for all their different clients. This form must be signed and dated by the client in order for it to be legally binding. It can have an expiration date, such as one year or for 8 sessions, or it can persist indefinitely.

Ultimate Guide to Waivers for Personal Training

By FormSwift Editorial Team
June 11, 2018

Introduction

According to the CDC, each day more than 10,000 people receive treatment for sports and exercise-related injury. Seniors, in particular, account for more than 53,000 these injuries each year. Given the ubiquity of personal injury, it is imperative that personal trainers protect themselves against unforeseen legal repercussion. Requiring your clients sign a specialized waiver form when they utilize your personal training services is one way to do so. This guide, therefore, covers why trainers need a waiver, how to create one, and what sorts of insurance policies gym owners should consider purchasing.

Common mistakes personal trainers make regarding liability

Many trainers believe the notion that because their clients are signing a liability waiver or release form, they are automatically protected from any liability. This, however, is false. There are a number of ways in which personal trainers fail to properly safeguard themselves from legal action. The most common of those include:

  • Insufficient certifications: proper professional certification will provide you with a scientifically-informed and legally-protected foundation from which to train clients and cite, in the event of a lawsuit. Proper certification, in other words, helps shield you from legal liability.
  • Insufficient liability insurance
  • Insufficient documentation of clients’ pre-existing medical and injury history: proper documentation of pre-existing injuries will help protect you from charges your training sessions caused them.
    • How to document a client’s medical history: ask them the following:
      • Have you ever had heart trouble? Do you ever have pains in your heart or chest?
      • Does your family have a history of heart attack or stroke?
      • When was your last physical examination by a doctor?
      • What is your exercise history or exercise experience?
      • Do you ever faint or have dizzy spells?
      • Has a doctor ever diagnosed you as having high or abnormal blood pressure?  
      • Do you have bone or joint programs?
      • Are there any physical reasons why you should not complete a training program?
        • If your client answers 'yes' to this question or other medical questions, be sure that they have received medical clearance to participate in training. Also, do not take their word for it. Be sure you have a copy of their physician release form. Weight loss, strength training, and other physical activity put stress on the body. You do not want to put your client in harm's way by putting them through a program where the exercise level is past what is healthy for their body; which can place you in legal jeopardy.
      • What level of physical exercise or physical activity are you accustomed to?
      • How old are you?
    • It's also important to note that sometimes personal trainers train minors. Any time you train a minor, in addition to a personal training waiver, be sure to also have the minor's parent/guardian sign a consent form. If a trainer were to provide personal training services to a minor without parental consent, even if no injuries occurred, the trainer may face repercussions from the parent or guardian. In the consent form and training waiver, be sure to specify the activity and purpose of the training activities, as well as related tasks involved, such as physical measurements and body fat analysis. Notifying parents that the purpose of these training sessions is to improve their child's physical condition, which may include weight reduction by burning body fat, or improving muscle tone etc., and requires voluntary physical activity.
    • It is also always a good idea to have your clients sign an emergency contact form in the event of an emergency, especially if you will be training a minor.
  • Giving Improper Advice: Some trainers voluntarily provide advice to clients to help them better their training results. If you choose to advise clients, make sure you do so in areas you are certified. Some trainers attempt to rehabilitate a client's injury, yet they are, in no way a physical therapist. You should also be sure to always recommend clients consult a doctor before implementing any advice you provide regarding nutrition or medical action.
    • Nutritional advice: do not give nutritional advice unless you are certified to do so. If you are not, it is best to refer a client to a professional, if they request nutritional guidance.
  • Providing services atypical of your profession: This may include, among others, massages or any other service that may be construed as harassment.
  • Training in unsafe conditions
  • Dating Clients or engaging in other inappropriate personal relations

Best States to be a Personal Trainer Based on Liability

June 11, 2018

Study of the 2017 best states to be a personal trainer based on personal training liability risk.

Methodology

Our team at FormSwift wanted to determine the best states to work as a personal trainer based on liability risk. We used an Amino 2017 Study to determine the most proportionately common physical injury diagnosis in each state. We then weighted the following factors evenly into a total score to create a ranking from best to worst states: How related the most common injury in each state is to personal training, based on an NCBI report documenting the top five personal training injuries, the annual median wage for fitness trainers, the number of fitness trainers employed in the state, median household income, and the chance of an employee filing a lawsuit against a business in the state, based on a 2015 Hiscox study.

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Waiver Forms for Personal Training

Release Of Liability

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