Questions on Creating Documents for Payment ,Terms & conditions and Liability

[TheSecret]

First of all I, I have to say that this is one of the best interactive sites on the internet. I have found so much helpful information and reading other peoples experiences it is amusing and inspiring at the same time. I have realized from reading through this forum and among others people provide various insight and how they solved relative issues regarding a business in the health industry. Which has led me to avoid some mishaps and a lot of you have asked really great questions also that has helped my process of furthering my dream. I believe in our line of work the self-educating part is never ending it is the rewards that are priceless….
Anyways I enjoy reading and watching to see what others post on the matters of business in the fitness industry….because I am a young entreprenuer my self an aspire to open my own studio eventually.
I was wondering if any of you might know how to or who to go to when it comes to making legal documents regarding payments structure and liability in a documented way so that makes you legitimate. Who would be the person I would talk to? Would I write up a document and then proceed and have someone proof it/authorize it so it can be legitimate. Also the liability factor -I am working as an independent contractor …. So I go in-home but it is in condominiums not in commercial gyms. The condominiums are very nice and have full scale gyms. My whole issue is if any of my clients and I would I have to say all my clients either get hurt or something major happens what type of legal document do I need to officially keep my ass safe???
I have insurance as of right now but what else do I need in a form of a legal document that I can written up that verifies I am not liable for injury or other devastation to the body-lol’…. What proper documents do I need to further myself and not have to worry about hassles. I have lost business due to this and then again some people don’t care. I don’t make enough to say I am small business let, but within the next couple of months I will be. I just want my grounds covered because I don’t want payment problems and do want to be sued.

Any help would be much appreciated and or if one of yous can point me in a direction....

[Phaedrus49er]

I'll be interested to see if another new poster has a magic answer (link and rambling included).

[Jean-Paul]

First, if you are insured, then your insurance company should draw up a liability waiver that matches their coverage. I have a general liability waiver that I will share with you, but I would still make sure that they have a say in what it says.

Here is one that I use for my bootcamps, but it easily applies to individual training clients as well. (Just a side-note, usually people charge to give you this kind of info)

Because physical exercise can be strenuous and subject to risk, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises at a sponsored club event, you do so entirely at your own risk. This includes, without limitation, your use of the locker room, parking area, sidewalk area, or any equipment in the club facility and your participation in any activity, class, program, or instruction. You agree that you are voluntarily participating in these activities along with the use of these facilities and premises and assume all risks of injury, illness, damage or loss or theft of any personal property. You expressly agree to release and discharge JP Fitness, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action. This waiver and release of liability includes, without limitation, all injuries to you which may occur as a result of (a) your use of any exercise equipment, products and club amenities, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction or supervision, and (d) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas or outside club while participating In fitness classes led by JP Fitness staff, regardless of negligence.

Your signature below acknowledges that you have carefully read this waiver and release and fully understand that it is a release of liability. You agree to voluntarily give up any right that you may otherwise have to bring a legal action against the club for negligence, or any other personal injury or property damage or loss action.

I understand that I may prepay for Group Training Sessions and that no refunds will be given for missed sessions.

I have carefully read and completed the above information to the best of my ability.

I would also have them fill out a Par-Q and obviously you need to have your pay agreement and cancellation policy signed by both you and your client.

Of course, none of this means anything in the eyes of the law... That's why you have insurance.

Best of luck to you.