Posts Tagged ‘personal trainer liability insurance’

Injuries at Gyms and Homes

Thousands suffer in pursuit of fitness

Fitness Instructor Insurance and Health Club Insurance is in high demand due to frequent gym injuries.

According to the U.S. Consumer Product Safety Commission, the following injury statistics occurred in 2009:

  • 1500 emergency room visits resulting from equipment related
    mishaps in gyms
  • 50,000 emergency room visits from home exercise equipment incidents including treadmill falls, exercise ball falls, elastic stretch band hits to face, and dropping free weights on feet.
  • Treadmills are the number one cause of equipment related injuries with 575 occurrences of falling off and tripping
  • Weight machines and free weights caused 224 injuries.
  • Common gym equipment related injuries include broken ankles,fractured arms, fractured legs, and fingertip amputations.

Fitness instructors cite the following reason for gym/exercise related injuries:

  • Inattention due to Ipods, cell phones, and reading
  • Using equipment for the first time without proper instruction
  • Working out too hard, too soon after a period of inactivity.

Source: http://www.msnbc.msn.com/id/35127528/ns/health-fitness/

Risks that Could Put Your Fitness Center Out of Business (Infographic)

Taking care of the not-so-obvious

Running a fitness center is no small feat due to the constant management of contract employees, members, front desk agents, maintenance staff and the like. Collecting member dues and keeping your numbers up is probably one of your greatest concerns, but you also have major risks that you need to manage in order to survive.

Fitness Center

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The 5 Hidden Risks

Disaster-related loss
Studies have shown that nearly 60% of businesses are underinsured, leaving them vulnerable to significant losses in the face of natural disasters. Protect your fitness club by investing in adequate health club insurance coverage and having a set recovery plan in place to minimize your risk for total loss.

Emergency losses
Accidents happen every day – explosions, violent acts, outbreaks of disease such as Legionella. These incidents can significantly impact both your finances and your reputation.  Speak with your insurance agent and make sure that your business is adequately covered for catastrophic liability and property losses.

Cyber-security breach
You store a lot of member data on your computer system: birthdays, home addresses, and even credit card numbers are kept on file. Did you know that nearly half of all businesses have experienced a data breach? However, only one in 10 of those businesses are covered for cyber liability.  A Cyber Risk policy should protect your fitness center from client data breaches in the event that negligence on the part of your company is determined to be the cause of breach.

Personal trainer liability
If your fitness facility employs personal trainers, you may be liable for their negligent behavior, even if they’re only contract employees. Sexual harassment, physical injury, even poor dietary advice can result in a lawsuit against your company. It is safest to require your contract trainers to carry their own General Liability/Professional Liability policies.  However, some fitness facilities choose to add coverage for contract trainers under their fitness facility policy.

Treadmill Injuries
You see them all the time. One of your clients will be running on a treadmill, nose in a book, texting, or bobbing along to their iPod. Such multitasking often leads to injuries for which you are likely to be liable. The average cost of any treadmill-related incident is $250,000.

Protecting your fitness facility from injury claims

Did you know that Fitness Center Insurance is critical for all health clubs and gyms? It only takes one injury-related lawsuit to financially ruin you and or your business. Having the right insurance protection offers you peace of mind.

Getting the right insurance coverage does not have to be complicated if you work with an agency like SADLER. The insurance experts at SADLER understand your needs and the unique risks associated with your fitness facility. If you would like to learn more about liability prevention or are ready to get a customized insurance quote, simply apply online now or call 800-622-7370.

There are absolutely no obligation or commitments, and your quote will be sent in just a few hours in most cases. With no application fees and the most competitive rates in the industry, you’ve got nothing to lose!

 

Source – Hidden Risks Faced by Fitness Centers

 

Fitness Trainers: How To Avoid Liability Landmines (Infographic)

Legalities, liabilities and other not-so-fun stuff

Anyone willing to start up a business and risk personal and financial loss to live their dream has to have imagination.The fitness industry has its share of entrepreneurs, as seen in the boon of independent fitness instructors and personal trainers.

The practical aspects of creating and maintaining a business are just as important as creativity, passion and energy. Liability will always be an issue for fitness trainers because they offer a personal service. Protecting yourself, your business and your assets is a significant element of a successful personal training business. The first layer of protection is determining if you could defend yourself if a client under your supervision were to become injured. The key questions listed below the infographic will help you make this determination.

Protecting Clients

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  • Are you adequately trained and certified in the activities you supervise?
  • How did you screen the client for the activity in which he/she was involved?
  • Did the client sign an informed consent and release form?
  • Was the client given instructions appropriate for his/her age and health conditions?

Paperwork can be pesky, but it’s crucial

There are essential documents your clients must sign before receiving any services. Keeping these documents on file is important and might be be the key to any potential claim against you. Have an attorney review a draft of these documents to make sure you’re protected and looking out for the clients’ best interests. Below are four documents that should be part of  an independent personal trainer’s arsenal and signed by every client prior to any training :

  1. Waiver/release and assumption of risk.  At best, the waiver / release part of this form will allow the fitness trainer to escape liability by having the lawsuit dismissed on summary judgment. At worst, this form will help the trainer to establish an assumption of risk defense. This document should be reviewed with the client and the client be given the opportunity to ask questions about the risks and benefits of the program. The client should be over 18 years of age to sign or have a parent/guardian sign the form.
  2. Client records. Keep detailed records of all observations, program changes and instructions for each client. It’s important to include all special instructions, warnings or limitations, progress notes, and injury information including details of any aid administered.
  3. Physician consent/clearance. Clients you consider to be high or moderate risk should be required to obtain medical clearance. Risk level can be assessed by going over the client’s health and exercise history.
  4. Fitness assessment. Determining whether clients can safely participate in an exercise program without any obvious risks injury. An initial screening helps you establish the client’s fitness level and set goals for their individual program. Follow-up assessments should be repeated occasionally to monitor progress.

Risky business

Many personal trainers sell dietary supplements and offer nutritional advice to their clients. Counseling clients on supplements can be risky for trainers not specifically educated and certified in those areas. Only registered dieticians should recommend or supply nutritional supplements. Believe it or not, a personal trainer who supplies or distributes supplements can get caught up in a product liability suit.

Spotting potential risks

It’s important to let your clients know your job is to help, not push. Clients may, for whatever reason, neglect to inform trainers of a “minor” ache or pain. Let your clients know that their program can always be modified to avoid injuries, which often occur when red flags are ignored. Let clients know you’re trained to determine the difference between general soreness and actual strain.

Other helpful articles and downloadable forms are available on our risk management page.

Protecting you and your business from liability claims

Did you know that liability protection is critical for all fitness trainers? It only takes one injury-related lawsuit to financially ruin your and your fitness training business. Having the right insurance protection offers you peace of mind.

Finding the right insurance coverage doesn’t have to be complicated. Our insurance experts understand your needs and the unique risks associated with your personal training business.

If you would like to learn more about liability prevention or are ready to get a customized insurance quote, apply online now or call us 800-622-7370.

There are no obligation or commitments when you call, and your quote will be sent in just a few hours in most cases. With no application fees and the most competitive rates in the industry, you’ve got nothing to lose.

 

Source: “The Liability Involved in Running a Personal Training Business,” entrepreneur.com. 22 May, 2014.

Defibrillator Failure: Fitness Center Liability

The importance of understanding and complying with AED laws

Defibrillator Maintenance of automatic external defibrillators (AEDs) and proper use are key to an effective emergency plan. A recent complaint filed in New York illustrates why health club owners must weigh the pros and cons of housing AEDS.*

The lawsuit was brought by a widow of a club member who died of cardiac arrest during a workout. Apparently, employees attempted to use both of the AEDs on the premises, only to discover a dead battery in one and none in the other, resulting in an unsuccessful revival attempt.

A laundry list of defendants and claims

Defendants in the case include the health club owner, Zee Medical, the seller of one AED, Hewlett Packard, Agilent Technologies, Philips Healthcare, and manufacturers and distributors of the second AED. The allegations include:

  • Failure to house functioning AEDs, as legally required in New York
  • Failure to properly maintain and test the AEDs
  • Failure to have in place proper equipment maintenance and testing procedures
  • Failure to properly train staff members in the use, maintenance, and testing of AEDs.

Allegations in the suit state that Zee sold the AED to the health club without a a battery and failed to provide a representative to install a battery and prepare the AED for proper use.  The complaint also alleges causes of action for product liability and breach of warranty.

Risk management is the key

It will be quite a while before this case goes to trial, and who’s to say a working AED would have saved this person’s life? The point is, failure of this type is easy to prevent, and a good AED representative can assist you in reducing risks by providing proper training on AED compliance.


*California, the District of Columbia, Illinois, Indiana, Massachusetts, Michigan, New Jersey, New York, Pennsylvania and Rhode Island have laws requiring AEDs in health clubs.
Source: Richard Lazar. “Lawsuit Claims Two Non-Working Health Club AEDs Led to Member’s Sudden Cardiac Death,” Readiness Systems. 03 Mar. 2014.

Personal Trainers and Dietary Supplements

Fitness instructors must work within the limits of their certification

All personal trainers and fitness instructors want to see their clients get results from the training that they provide, but where does the training and advice stop?  A case that has made it to the New York State Supreme Court detailed in the New York Times article “Health Club and Trainer are Sued in a Death” shows what can happen when a trainer goes too far in advising clients on dietary supplements.

Coronary Artery Disease

Know who you’re training inside and out

Personal training can be a tricky trade when you are training a healthy client. Throw heart disease into the mix and your challenges rise, as does your increased liability.

Clients come to you for advice because you are the professional in this field.  Make it a point to learn about specific diseases and conditions that you discover about your client during your initial interview prior to putting them on a routine, working them out in the gym or providing other advice.  This is information not every client knows to share unless asked – and it’s information that is your responsibility to know.

Unfortunately, some instructors may assume that because they have purchased personal trainer liability insurance, they are protected from being sued. You need the proper coverage to protect you from the various risks to which you are exposed. Don’t think in terms of “if I’ll be sued,” but rather “when I’m sued.” Be sure to keep detailed documentation on all of your clients because you don’t know everything about the person hiring you as their trainer.

Just as important, make it a point to read informative articles and stay abreast of the constantly changing research and developments found at the American Heart Association.