1. Legal Concepts & Risk Management
Based in part on the
ACE Health Coach/CPT Textbooks
© 2018 NPTI Colorado | Slide 1 | Revision 4 (9/10/18) DM

2. Lecture Objectives
List and describe various legal responsibilities of the personal trainer
Define the legal terms negligence, vicarious liability, and scope of practice and describe how they relate to a personal trainer’s line of work
Explain the importance of liability insurance for personal trainers
Implement basic risk-management strategies

3. Introduction
The majority of personal trainers often neglect the legal issues pertinent to operating a fitness business.
A simple understanding of the law can prevent a potential lawsuit.
Every trainer should utilize basic legal principles when navigating his or her career in the fitness industry.

4. Scope of Practice
An easy way to remember a personal trainer’s scope of practice is the acronym, MATER:
Motivate
Assess
Train
Educate
Refer

5. Scope of Practice
To stay within scope of practice, personal trainers must:
Use health history screening forms to determine the client’s fitness level and if a medical clearance is required.
Follow the exercise program guidelines recommended by leading professional organizations

6. Scope of Practice
To stay within scope of practice, personal trainers must:
Remain cautious when responding to questions about recommendations for exercise equipment, workout wear, or supplements
Recognize physical problems that their clients may be having and know when to refer
Maintain client confidentiality

7. Scope of Practice
To stay within scope of practice, personal trainers must:
Never attempt to administer an exercise test without proper training.
Do not provide advice unless a trainer has specific medical or nutritional training and holds professional licenses, credentials, or certifications (e.g., M.D. or R.D.).
American Council on Exercise (ACE)
National Strength and Conditioning Association (NSCA)
American College of Obstetricians and Gynecologists (ACOG)
American College of Sports Medicine (ACSM)
American Heart Association (AHA)

8. Scope of Practice DO NOT: DO: Diagnose
Follow exercise guidelines, screen for potential risk factors
Prescribe
Design exercise programs
Prescribe diets or recommend supplements
Provide general information on healthy eating
Treat injury or disease
Use exercise to improve overall health and help clients to follow medical advice
Monitor progress for medically referred clients
Follow recommendations provided by healthcare professional; Document and report progress to provider
Rehabilitate
Design an exercise program once client has been cleared by physician
Counsel
Coach, provide general information
Work with patients
Work with clients

9. Scope of Practice

10. Code of Conduct
Lays down the standards of integrity, professionalism and confidentiality which all members of the professional association shall be bound to respect in their work as a fitness professional.
Adherence to these codes is necessary to maintain professional standing or certification with the organization.
See: NASM Code of Professional Conduct

11. Legal Responsibilities
Personal trainers should prepare for each training session with safety as the first priority.
An understanding of the following responsibilities will help ensure the safety of clients:
Facilities
Equipment
Supervision
Instruction
Safety guidelines

12. Legal Responsibilities
Facilities
Floor surface
Adequate space free of clutter
Appropriate use of public space
What else?

13. Legal Responsibilities
Equipment
Choose high quality and commercial-grade when appropriate
Maintenance and repair standards
Inspect often
Keep records for inspection, maintenance and repair
Use appropriate signage or remove from workspace if out of order
What else?

14. Legal Responsibilities
Supervision
Never leave a client unsupervised during a session
Proper supervision means that the client(s) can be visualized at all times
What else?

15. Legal Responsibilities
Instruction
Plan ahead and document all sessions
Be sure all equipment is working
Maintain supervision at all times
Limit participation to only those under contract
Warn clients of all risks
Ensure client is wearing all protective equipment (closed-toe shoes, sports bra, etc.)
Keep certifications up-to-date

16. Legal Responsibilities
Safety Guidelines
Medical emergencies / Injuries (Clients, self, staff)
CPR/First Aid/AED Certification?
AED on-site?
Severe weather emergencies
Phone chain?
Plan if you are stuck at you facility with clients?
Fire
Evacuation route?

17. Legal Responsibilities
Regardless of the nature of the emergency, you MUST have a WRITTEN plan
High stress situation  easier to refer to something in writing
If you own the business, it’s your responsibility to:
Create the plan
Communicate that plan to all staff and clients
Communication Plan
Incident Reports

18. Additional Legal Responsibilities
In addition to the previously mentioned legal responsibilities, personal trainers must be aware of the implications of certain other potential legal issues, including:
Marketing activities
Intellectual property
Transportation
Financing

19. YOUR TURN: Workbook Exercise 1

20. Contracts
Contracts are the best method to ensure that all aspects of a relationship are properly established.

21. NOTE: Parent/Guardian consents for under 18 years of age.

22. Contracts
Personal trainers should insist on a written contract with clients, fitness centers, and vendors.

23. Contracts Personal trainers should understand the concept and use of:
Agreements to participate
Informed consent
Waivers
Each of these forms should be printed and signed by all clients before beginning the first exercise session.
Review what each of these forms is.

24. Agreement to Participate
Demonstrates that the client was made aware of the “normal” outcomes of certain types of physical activity and willingly assumed the risks of participation
Should include:
Nature of the activity
Potential risk and benefits
Expected behaviors of the participant

25. Informed Consent Informed consent form:
Demonstrates that a client acknowledges that he or she has been specifically informed about the risks associated with the activity.
Communicates the potential benefits and dangers of the program or exercise testing procedures to the client
Also called an Assumption of Risk

26. Inherent Risks
Agreements to participate and informed consent forms primarily cover the inherent risks of an activity.
Difficult to determine an inherent risk of participation and what might have been caused by the actions of the personal trainer.
A signed waiver should include an exculpatory clause, preventing the client from seeking damages for injuries caused by the inherent risk of activities and by the ordinary negligence of the personal trainer.

27. Contract Delivery Procedures
All contracts should be reviewed by a legal professional with experience in the health and fitness industry
Administer all forms properly
Clear language; translator if needed
Copied/printed legibly
Opportunity to read and ask questions prior to signing
If the document consists of multiple pages, a space for the client to initial the bottom of each page should be provided.
What else?

28. YOUR TURN: Workbook Exercise 2

29. Negligence
Negligence-failing to perform as a reasonable and prudent person would under similar circumstances.
Two components of negligence:
Failure to act (omission)
Appropriateness of the action

30. Negligence
To substantiate a charge of negligence in court, the plaintiff must establish four elements:
The defendant had a duty to protect the plaintiff from injury.
The defendant failed to uphold the standard of care necessary to perform that duty.
Damage or injury to the plaintiff occurred.
This damage or injury was caused by the defendant’s breach of duty.

31. Types of Negligence
Gross negligence-an action that demonstrates recklessness or a willful disregard for the safety of others
Contributory negligence-when the plaintiff has played some role in the injury and will not receive reward for damages
Comparative negligence-when multiple parties may have caused injuries, the court will apportion guilt and any subsequent award for damages.

32. Vicarious Liability
Vicarious liability-Employers are responsible for the employment-related actions of their employees.
The injured party will sue not only the employee who breached the duty to cause injury, but also the employer or employers.
A properly worded exculpatory clause bars the injured party from potential recovery.

33. Think It Through
Penelope Smith recently received a call from a potential client named Jennifer Burns. After discussing a variety of potential issues regarding weight-training options and prices, Ms. Smith met Ms. Burns at a fitness center. Before beginning her first session with a new client, Ms. Smith typically asks the client to sign a health-history form and a waiver. In this instance, Ms. Burns did not want to sign any paperwork before “trying out her first session” because she was “so excited to get started.”
What potential issues will arise if Ms. Smith does not require Ms. Burns to sign the waiver?

34. Liability Insurance
Generally, an insurance policy is a contract designed to protect personal trainers and their assets from litigation.
Secure professional liability insurance that is specifically designed to cover the health and fitness industry.
Personal Trainer Professional Liability Insurance Coverage Options

35. Risk Management
Personal trainers should constantly place client safety first.
Risk identification – instruction, supervision, facilities, equipment, contracts, and business structure
Risk evaluation – review each risk, the probability of occurrence, and conceivable severity
Personal trainers should constantly search for methods to make the environment safer for their clients. Periodically reviewing programs, facilities, and equipment to evaluate potential dangers allows the personal trainer to decide the best way to reduce potentially costly injuries in each situation.

36. Risk Management Select the approach for managing risk:
Avoidance: Eliminate the activity
Transfer: Move the risk to waivers, insurance policies, etc.
Reduction: Modify the risks by removing part of the activity
Retention: Retain the risk; especially if the risk would eliminate a potential benefit (e.g., no risk without exercise; no benefit either)
Implementation: Institute the plan
Evaluation: Continually assess the outcome of risk-management endeavors
Personal trainers should constantly search for methods to make the environment safer for their clients. Periodically reviewing programs, facilities, and equipment to evaluate potential dangers allows the personal trainer to decide the best way to reduce potentially costly injuries in each situation.

37. Summary
Always stay within scope of practice by providing the expected standard of care and abiding the code of professional conduct
Ultimately, it is the trainer’s responsibility to thoroughly understand the legal guidelines that create a safe and enjoyable environment for clients.

38. YOUR TURN: Workbook Exercise 3
Negligence
YOUR TURN: Workbook Exercise 3

39. Any questions?
Any Questions?