Fitness Services Waiver

What is a fitness services waiver?

A fitness services waiver is a type of one-sided agreement between a client and a fitness provider (like a gym or personal trainer) in which the client waives their legal right to sue the fitness provider in case of any injury, loss, or damage. Fitness services waivers are considered one-sided because it is only the client that is giving up rights. Often, these agreements are signed in exchange for the client to be able to participate in fitness services, such as at the beginning of a gym membership or personal training program. This document provides a layer of protection to the individual or business providing the fitness services so that they won't be worried about any lawsuits while training or assisting the client.

Please be advised that in the following states, these types of waivers have been held invalid and therefore, will likely not be effective: Connecticut, Louisiana, Montana, and Virginia.

Please be advised that in the following states, whether waivers such as this are valid has been held to be a matter for a jury decision and therefore, the effectiveness of this document may be in question: Arizona and Hawaii.

What is the difference between a fitness services waiver and a release agreement?

Though both documents involve releasing a party from liability, they are used in different situations. Fitness services agreements are used specifically between fitness providers and clients. They are written at the beginning of the business relationship, just in case anything goes wrong. Release agreements are more general and can cover releasing a party from any sort of legal liability. They are typically made after a specific incident or injury happens and one party has agreed to release the other party from liability for what happened.

Is it mandatory to have a fitness services waiver?

No, it is not mandatory to have a fitness services waiver. However, many fitness services providers opt to require that new clients agree to this waiver before the services begin. Beginning a new exercise program can be risky, especially for someone who is not already in good shape, so there is always the risk that a client could injure themselves. Having a fitness services waiver protects the fitness services provider so that they won't be worried about lawsuits when training or assisting a new client.

Who can enter into a fitness services waiver?

A fitness services waiver is created by a fitness services provider and signed by a client. The client must be of legal age, 18 years old in most states, to sign the waiver. If the client is under the age of 18, a parent or legal guardian must sign on their behalf.

What should be done once the fitness services waiver is finished?

When the fitness services waiver is written and all the relevant information has been included, the waiver should be printed out, signed by the client, and then returned to the service provider. Generally, no signature is needed from the fitness services provider.

What must a fitness services waiver include?

A valid fitness services water must include at least the following mandatory clauses:

• Identifying information: The fitness services waiver includes the name, address, and contact information for all the involved parties, including the fitness services provider and the client.
• Waiver of rights: The fitness services waiver has a list of statements that the client must read, understand, and then initial. The statements affirm that the client has consulted a physician, does not expect specific results from the fitness program, and waives different rights related to potential incidents or injuries.
• Scope of services: The fitness services waiver outlines the services that will be provided to the client, such as weight training assistance, cardio training programs, or yoga classes.

What laws are applicable to fitness services waivers?

Waiver agreements are generally subject to the laws of the individual state.

Please be advised that in the following states, these types of waivers have been held invalid and therefore, will likely not be effective: Connecticut, Louisiana, Montana, and Virginia.

Please be advised that in the following states, whether waivers such as this are valid has been held to be a matter for a jury decision and therefore, the effectiveness of this document may be in question: Arizona and Hawaii.

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