Why does your fitness business need a Waiver of Liability?

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.

If you are operating your business without a comprehensive, personalised Waiver of Liability, you are walking on eggshells.

It’s wild to realise we are fast approaching Q4 of 2021. 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.

Unless it is customised and professionally drafted, there is a high likelihood that your waiver will be unenforceable, which defeats the purpose of having one in the first place.

Here’s an analogy. Imagine I’m hiking Mount Everest. I’m a size 12 shoe. The hike goes great because I’m prepared with the proper equipment for my weight and size.

After, you decide to hike Everest, too. You’re a size 8 shoe, and think you can just wear mine because they’re just shoes after all, and what’s a few sizes difference?

So what happens? Disaster. You can barely make it a few miles because snow is getting in your shoes, your toes are freezing, your heels are blistering and you can’t grip the ground. You turn back, defeated, having learnt a lesson the painful way: you need shoes that fit your exact requirements. The same goes for legal contracts.

If you do not address the unique nuances, relationships and agreements specific to your business, you are entering dangerous territory.

It may be tempting to save money on a generic or DIY Waiver (or any legal contract for that matter.) And maybe you’ve heard other people in your industry do the whole copy and paste thing. However, it won’t protect you in litigation (or avoiding litigation) which costs multiple thousands of dollars.

Doing the due diligence to spend a little upfront to ensure you are protected with proper legal documents is well worth the investment.

The 4 key requirements

To be effective, a waiver needs to meet four key requirements. It must be:

• Clear
• Unambiguous
• Unequivocal
• Specific.

1. Clearly define the activity you and your client will participate in:what is your role in this activity and what does the activity entail?
2. Communicate the risks: be open and honest in your communication, including what can go wrong in the course of the activity.
3. Client makes a choice: does the client understand the risks involved and voluntarily agree to engage in the activity?
4. Client signature: have the client sign the waiver to waive future claims and release you from liability.

The key is to be open, honest, and clear. A waiver will not protect your business if it contains ambiguous terms.

MORE?

Want more info on what to include in your waiver of liability? Watch this short video of Cory explaining the key points in a waiver and click here to download the free chapter on waivers from The Yoga Law Book, which is also applicable to the fitness industry.

Cory Sterling

The founder of law firm Conscious Counsel, Cory is a lawyer, small business owner, group fitness instructor and yoga teacher. Conscious Counsel specialises in working with fitness and wellness businesses around the globe, including in Australasia.

consciouscounsel.ca / facebook.com/consciouscounse / instagram.com/consciouscounsel

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Network

Network is an education subscription service that offers a broad range of upskilling courses for fitness and wellness professionals. Established in 1987, Network has played a pivotal role in the continual evolution of the fitness industry.