You’re committed to providing a safe training experience for all your clients. But no matter how careful you are, you’re just one faulty machine cable or a misplaced kettlebell away from a split-second client injury — and a potential lawsuit.
That’s why it’s so critical to implement a personal trainer liability waiver as you onboard new clients. If you’re concerned about understanding the “legalese” of a waiver and how to start using one, we’ve got you covered.
What Is a Personal Trainer Waiver?
A personal trainer waiver is a legal document designed to transfer the responsibility of injuries or damages that occur during a session (or on your premises) from you to your clients.
When a client signs this waiver, they acknowledge:
- They understand there is risk involved
- They want to participate despite that risk
- They won’t sue you if they get hurt (in the context of what is outlined in the waiver)
Essentially, they waive the right to hold you liable if things go wrong.
This means that instead of worrying about potential fitness lawsuits, you can focus on maintaining a safe environment and helping clients hit new personal bests (PBs).
Get Your FREE Personal Trainer Waiver Form
Download our free personal trainer liability waiver template and customize it to fit your business needs. It includes essential elements such as the release of claims, acknowledgment of good health, and consent to critical medical treatment.
Get Your Free Personal Trainer Liability Waiver
What Does a Personal Trainer Waiver Form Cover?
A waiver typically covers the following:
- Assumption of risk: Your client agrees to accept the risks (such as injury or property damage) involved in your services
- Release of liability: Your client agrees not to hold you liable for any claims brought on by the outlined risks — they will not sue you if there’s an accident
- Confirmation of good health: Your client confirms they’re healthy enough to participate in your sessions
- Medical authorization: Your client permits you to seek medical attention on their behalf if needed
- Consent to participation: Your client consents to the conditions and agrees to participate in the activity
In addition, detail your business’ location, services offered, and possible risks, such as physical, equipment, or environmental hazards.
What Does It Not Cover?
While a personal trainer waiver reduces your chances of getting sued, it does not guarantee complete legal protection.
A waiver will not cover you in certain circumstances. The most important of these to be aware of is gross negligence — if you are found to have intentionally harmed a client or have shown reckless disregard for safety.
Other things a waiver might not cover include:
- Unenforceable clauses: A waiver that attempts to release a trainer for all liabilities, even cases of gross negligence, may be deemed unenforceable in court
- Non-training-related incidents: Incidents like injuries that occur in the parking lot after a session would likely not be covered by a waiver
- Violations of public policy or state laws: A waiver cannot protect a trainer who works without state-required certification
- Violations of fitness industry standards: If a trainer pushes a client beyond their physical limits and causes a heat stroke, the waiver may not hold up due to industry safety violations
- Unclear or inadequate warning of risks: If a waiver does not explicitly state the risks of training, the client can argue they weren’t adequately informed prior to suffering an injury
- Injuries or damages suffered by non-participants: A waiver likely won’t protect against an accident such as a heavy weight dropping on a passerby
Your waiver is limited by the language used to write it. It will not cover you for incidents that are not “written” into it, which is why it’s crucial to have a lawyer review it before use.
Who Needs to Use a Waiver?
All personal trainers who interact with clients should use a liability waiver!
This includes:
- 1-on-1 personal trainers
- Group fitness trainers/coaches
- Gym, studio, or fitness center owners
- Personal trainers offering online sessions
- Personal trainers who “rent” out of commercial gyms
Do I Need Insurance in Addition to a Personal Trainer Liability Waiver?
Yes, you need personal trainer liability insurance to compound the protection of your waiver!
Think of liability insurance as the second layer of defense designed to catch claims that fall through the cracks of your waiver’s scope.
Personal trainer insurance can cover you if clients accidentally get hurt or have their property damaged during a session. It can also cover damage to your rented space and claims arising from advertising mistakes.
Picture this: After a month of training with you, a client says they’re not satisfied with their physical results and decides to take legal action against you. Liability insurance can cover a scenario like this, too!
For as low as $15 a month, you get peace of mind that you won’t have to pay out of pocket when things go wrong. Your insurance coverage and liability waiver work together, so you can focus on what you do best: helping clients crush their fitness goals.
FAQs About Personal Trainer Waivers
What Happens if a Client Refuses to Sign a Liability Waiver?
If a client refuses to sign a waiver, you’re at greater risk of legal claims if something goes wrong during a session. Many trainers and fitness businesses choose not to bring on any clients who won’t sign a waiver — you’re free to make this choice to protect your business!
Is a Liability Waiver Necessary for Online Sessions?
Yes, you should have clients sign liability waivers for online sessions or classes! This helps to clarify the risks, set expectations, and protect your business, which is crucial since you cannot maintain a client’s remote environment in person.
JoAnne Hammer | Program Manager
JoAnne Hammer is the Program Manager for Insurance Canopy. She has held the prestigious Certified Insurance Counselor (CIC) designation since July 2004.
JoAnne understands that starting and operating a business takes a tremendous amount of time, dedication, and financial resources. She believes that insurance is the single best way to protect your investment, business, and personal assets.
