Hitting the gym, making gains, looking good, all of which has become deeply engrained in popular culture these days. Going to the gym has become far less about being active and healthy, and is now all about looking better than the person next to you. Consequentially, with the rise in gym goers has come a rise in personal fitness instructors, simple correlation is it not? While this new wave gym goers are becoming increasingly obsessed with their one rep max and
fluorescent tights, the onslaught of fresh personal trainers are equally hell bent on getting recognized for their training techniques and obtaining more clientele.
While these personal trainers may view eating a slice of pizza as a set back physically, how many do you think consider the tremendous set back they could experience financially due to a lack of insurance coverage? Most personal trainers are well aware that they require liability insurance, in order to be protected against any claims made against them by a third party during a training session such as a slip and fall incident. However, very few personal trainers consider how desperately they require Errors & Omissions coverage. For personal fitness instructors Errors & Omissions coverage is necessary for protection when lawsuits are being pursued because a client suffered an injury as a result of the personal trainer’s instructions. For example, a personal trainer informs a client to do a certain leg exercise four times a week, the client subsequently over trains his/her legs and suffers a hamstring injury. If the disgruntled client brings a lawsuit against the personal trainer the trainer would only be covered by their Errors & Omissions policy.
With this is mind, another question that needs to be asked is, “are personal trainers who post their workout routines online exposing themselves to Errors & Omissions claims?” The answer, shockingly, is yes. Trainers who post their routines online can be sued if a person following their program sustains an injury. Now it would be very difficult for the injured part
y to be successful in their lawsuit, as there would have to be no doubt that following the program lead directly to their injury, nonetheless if a lawsuit is initiated the trainer will need Errors & Omissions coverage in order to avoid paying out of their own pocket. The shocking aspect of this is how few trainers realize that the expertise, routines and techniques they post online could result in a staggering lawsuit against them by an unknown person who decided to follow their training program. It would be wise for any personal trainer to use disclaimers exempting them from liability for injuries suffered by participants following their online program, which will help mitigate the risk of a lawsuit. A disclaimer as simple as, “Jim Trainer is not responsible for any injuries suffered by participants following Jim Trainer’s 12 Week Body Blast Program” could go a long way to ensuring the trainer is not responsible for injury suffered by a third party following the program.
In the present day legal environment, where lawsuits are omnipresent, it is crucial for all people involved in a business to speak with their insurance broker and ensure that they are properly covered. You never know when you will need to be protected, and there are times when it will be difficult to realize when you are exposed, that is why you need the guidance of a trusted risk advisor.
-Tyler Tisdale