You’re prepping for your Wednesday night Pilates Reformer class when a new participant arrives. They’ve never done Pilates but have regularly attended yoga and strength classes, and are confident in their overall fitness level.
While reviewing how to perform a movement, this new student jumps ahead and tears a tendon. While unintended, the injury occurred during your class, and now you’re at risk of being blamed. Are you prepared?
Protect your practice and reputation regardless of if you teach independently or at a studio with the help of a Pilates liability waiver.
What Is a Pilates Liability Waiver?
A Pilates liability waiver is a legal document used by instructors and studio owners designed to educate participants about the inherent risks associated with this activity.
Its purpose is to make the participant aware of and acknowledge those risks, and agree not to hold you liable if something goes wrong. Their acknowledgment signals that they are choosing to proceed with your class knowing there’s a chance they could get hurt.
When signed, they agree to waive the right to sue you in the context of the conditions outlined.
Get Your FREE Pilates Liability Waiver Template
To help get you started, we created a free Pilates waiver template you can customize to fit your business needs. This template was reviewed by our compliance team and covers the essential elements, including release of claims, acknowledgement of good health, and consent to necessary medical treatment.
Get Your Free Pilates Liability Waiver Template
What Does a Pilates Waiver Cover?
Waivers typically apply to the 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.
The basics that most liability waivers cover include:
- Assumption of risk: The participant agrees to accept the risks involved with this activity.
- Release of liability: The participant agrees not to hold you liable for any claims brought on by the outlined risks (they won’t sue you if there’s an accident).
- Confirmation of good health: The participant confirms they’re healthy enough to take part in the outlined activities.
- Medical authorization: The participant permits you to seek medical attention if needed on their behalf.
- Consent to participation: The participant or their guardian consents to the conditions and agrees to engage in the activity.
What Does a Pilates Waiver Not Cover?
While a Pilates waiver form can reduce potential litigation, it has limitations and it does not guarantee complete legal protection.
The most important limitation to be aware of is gross negligence. Your waiver will not cover you or your facility if you are found to show reckless disregard for safety or have intentionally harmed a student.
Other things a waiver might not cover include:
- Unenforceable clauses
- Violations of public policy or state laws
- The person signing is a minor without a legal guardian’s consent
- 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)
- Non-Pilates-related incidents
- Injuries or damages to non-participants
Another limitation of your waiver involves the language used to write it. It will not cover you if the accident that happens is not “written” into it.
You can’t detail every single scenario in your waiver, though, which is why it’s crucial to have a lawyer familiar with local legislation review it before use!
Who Needs to Use a Waiver?
Liability waivers are important for everyone providing any kind of fitness instruction. This includes instructors who teach in person, online, or both.
Plus, they’re a low-cost, effective way to help protect yourself from expensive lawsuits and damage to your reputation.
Do I Need Insurance in Addition to a Waiver?
Yes! You do need Pilates liability insurance. Waivers are designed to act in tandem with your insurance, not as a replacement.
Liability insurance can cover property damage if you’re renting a space and some non-physical claims like libel or slander. Waivers do not. And should a client’s claim land you in court, liability insurance is designed to help defend you and protect you from costly payouts.
For as little as $15 a month, you can have peace of mind that you won’t have to pay out of pocket if things don’t go as planned.
FAQs About Pilates Liability Waivers
Yes, some states have specific legal requirements for waivers; for example, some have different standards for what is considered “unambiguous” and therefore, enforceable. Check with a legal professional familiar with your state’s laws to make sure your waiver is written properly!
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 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 could require clients to sign your waiver before being permitted to participate in your class or training programs.
