You don’t have to be an adrenaline junkie or daredevil to be familiar with liability waivers. Chances are you’ve signed a few yourself, for anything from rec sports leagues and escape rooms to pottery classes or nature walks.
But what’s their actual purpose — and do you need to use them as a fitness instructor? Learn all about using fitness liability waivers, plus get a free template you can download below!
What Is a Fitness Liability Waiver?
A liability waiver form is a legal document designed to educate participants about the inherent risks associated with an activity. Its purpose is to make the signer aware of and acknowledge those risks, and in doing so help protect your business from a costly lawsuit in the event an injury or accident does occur.
Here are the key components of most liability waiver forms:
- An introduction clearly stating that this is a waiver and the purpose of the waiver, with clear, specific language throughout.
- A statement detailing the potential risks associated with the activities or services you or your company provide.
- A statement asserting the participant understands the risks.
- A statement indicating the participant voluntarily accepts these risks.
- A statement that the participant releases the instructor or facility from liability in the event of injury or other harm.
- A section for the participant’s signature and date.
FREE Fitness Liability Waiver Template
The legal language surrounding liability waivers can sound intimidating, but finding and using a fitness waiver isn’t as daunting as it may seem.
When used in tandem with your fitness instructor insurance, you’ll receive protection as strong as your deadlift record.
Download a copy of our free fitness liability waiver template!
What Does a Waiver Cover?
Generally speaking, waivers only apply to risks or situations that are explicitly outlined in them.
They also provide evidence that participants acknowledged the risks associated with the outlined activities, and still voluntarily chose to participate.
What Does It Not Cover?
While liability waivers can help mitigate potential legal risks, they do not guarantee legal protection. The enforceability of waivers depends primarily on local laws and the language used in the form itself.
Situations where waivers wouldn’t be enforced include:
- Extreme negligence or intentional harm
- Violations of public policy or state laws
- The person signing is a minor without a legal guardian’s consent
- The language is too ambiguous
- The signer lacks the ability to understand the waiver (they can’t read, don’t speak the language, or are under the influence of drugs or alcohol)
They don’t cover damage to your equipment or the space you use, either.
Who Needs to Use a Waiver?
Whether you teach relaxation yoga, senior fitness classes, powerlifting or pickleball, liability waivers are a good idea for everyone providing any kind of fitness instruction. This includes in person, online, or hybrid instructors.
While there is no law stating you have to use them, they can help protect you from a lawsuit. Plus they’re low-investment and easy to both access and use, so there’s no real reason not to!
Do I Need Insurance in Addition to a Waiver?
Yes! Fitness liability waivers can only do so much if something does happen, so they should be used in addition to your primary insurance coverage, not as a replacement. Even with a waiver, injury prevention steps, and proper precautions to lower your risk of lawsuits, accidents can still happen.
Read about real claims our customers have faced and the importance of having fitness instructor insurance.
Insurance Canopy also offers additional coverage for equipment and gear and cyber liability to help protect you if you conduct business in multiple locations or online.
Fitness Liability Waiver FAQs
All new clients and class attendees should sign a waiver before you start training them. If you make changes to your services or classes, it’s also a good idea to update as participants to sign a new waiver. You can also have a set time frame for requiring new ones, for example once a year.
At a minimum, you should keep signed waivers on file for the time while you’re training or teaching an individual. How long you are legally required to keep them on file afterward will typically depend on your local laws and statute of limitations.
In the absence of requirements, consider keeping them on file for a period of time (like seven years) or consult a legal expert for advice.
It depends on the wording of the waiver. For special or one-time events, waivers are usually only valid for that event.
In other cases, a waiver might be worded to cover any type of instruction a client elects to receive at a facility (like a fitness center) or for on-going sessions and classes. Our free waiver download is designed for the latter.
No. Waivers should include a section for minors’ legal guardians to sign on behalf of the minor.
Signed liability waivers should be kept with your clients’ other paperwork organized in a safe, secure location.
If someone refuses to sign the waiver, before excluding them from your instruction, ask what their objections or concerns are relative to signing. A little client education might be all that’s needed to make them feel comfortable.
You have the option to require clients to sign your waiver before being permitted to participate in your class or training programs.
Yes! As with any type of contract or legal document, it’s a good idea to have a lawyer familiar with local laws review your waiver.
