Personal Fitness Professional - June 2008 - (Page 16)

It’s a litigious society. We’ve all heard the saying. In a ﬁeld like personal training where there is tremendous one-on-one interaction in both a physical and psychological manner, the opportunities for things to go wrong are staggering. Who Needs Liability Insurance? If you train clients, you should be investing in insurance, especially if you train independently, work out of clients’ homes or are not employed by a facility with its own insurance coverage. The not-so-obvious need exists for the trainer that is the employee of a ﬁtness facility, even one of the large national chains. When something goes horribly wrong, such as the death of a client, those bringing a lawsuit (the plaintiﬀ ) will go after anyone involved with the incident. While generally directed at the ﬁtness facility, since they likely have the deepest pockets, if their coverage is not suﬃcient or the plaintiﬀ is so determined, the trainer can be the target. A well-publicized example occurred in 1999, when a client of a personal trainer at Crunch Fitness suﬀered a stroke while working out. The investigation discovered that the client had a medical history of high blood pressure and was taking prescription medication to control the condition. This information was volunteered during the evaluation and assessment process with the trainer. Still, the trainer recommended several supplements, including products that contained ephedra and yohimbe, both known to raise blood pressure. In this case, the trainer went so far as to take the client to a supplement store to purchase the products, since Crunch Fitness did not carry them. In the suit, the plaintiﬀs not only went after Crunch Fitness, but the trainer, the supplement store and the manufacturer of the ephedra product for a sum of $320 million. Eventually, the case was settled for an undisclosed sum. S • Poorly designed or no liability waivers/release forms — A surprising number of lawsuits have been dismissed due to well-constructed and thoroughly worded release forms. • Inadequate assessment — If you do not actively seek out the information you need to make informed, appropriate exercise prescriptions, then shame on you. Now even I am scared! So what can you do to protect yourself and limit your exposure to potentially damaging situations? • Retain a lawyer — even if it is for a couple of visits. Have a qualiﬁed lawyer in your area review your liability and release forms. State laws vary, and a standard release form may not work to the letter of the law in your locale. We often see lawyers as clients, and I like the barter system. Trade some training for legal services, if it is within your ability. Just don’t injure your lawyer. • Be well-informed and trained — Getting certiﬁed in personal training and basic CPR Risks and Solutions You’re suﬃciently scared. What are some of the possible risks that could expose a ﬁtness professional to a lawsuit? • Negligence — This includes poor supervision, improper recommendations based upon available data and poor condition of equipment or workout area. • Sexual harassment/molestation — Training is often a hands-on activity done at times in private, isolated areas. It is not uncommon for romantic feelings to develop between client and trainer. If those feelings are not reciprocated or are discovered by another’s spouse, the trainer can become a target to save face. My personal opinion: If you get involved with a client, you are playing with ﬁre and are pretty darn foolish. • Drug/nutrient interaction — As in the above cited case, there is a reason why it is suggested that trainers do not make supplement recommendations. If for some reason you do, you better make sure your higher-risk clients (those with medical conditions or on any drug) check with their physician prior to taking them. There is simply not enough data to know exactly how all drugs and supplements are going to react. Also, with inconsistency of one product to the next, what may be safe in one instance may be dangerous in another. JUNE-JULY2008 · WWW.FIT-PRO.COM 16 http://WWW.FIT-PRO.COM

Table of Contents Feed for the Digital Edition of Personal Fitness Professional - June 2008

Personal Fitness Professional - June 2008 Contents Letter From the Editor, Writers To Franchise Or Not To Franchise? Current Controversies Insuring Success Case Study Exercise Spotlights Raising Rates Through Better Session Design Mark Your Calendar The Perfect Ad The Movement Triad Exercise Spotlights Product Profile New on the Market Spotlight: Brian Boyle

Personal Fitness Professional - June 2008

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