Fitness & Gym
When clients spend money on a big-name trainer at your gym, they know the expected response to "Jump!" is "How high?" But the line between one more rep and one rep too many is razor-thin, which is why gyms shoulder a lot of legal risk. Learn how to protect your business.
Gyms Bear the Weight of Risk
Whether it’s mold in the sauna, germs on the equipment, or unqualified trainers and staff, fitness centers’ liability waivers might not be enough to protect them from accusations of negligence. From wipe-downs to sudden medical emergencies, your gym company needs to exercise a strong loss-control regimen.
Fitness centers cater to a wide range of clientele, from the new year’s resolution crowd (Jan. 1–Feb. 28) to the die-hard powerlifter and ultracompetitive CrossFitter. Managing the gym to accommodate them all is a challenge, because you want to keep the newbies coming back without turning off Adonis.
Liability exposure for injuries
If your company offers trainers, guides, coaching or classes, your liability exposure for injury increases substantially. Think of the exuberant coach who drives cardio or weightlifting patrons to new levels. “Go, go. You got this.” Words of encouragement that can play back in court if an injury occurs.
Many gyms bring in super practitioners as coaches and trainers. That can be a terrible error. Just because someone is good at his own program of physical fitness doesn’t mean he is qualified to coach someone else.
Even those who pass level-one certifications might not be ready for solo flight. If you are using first-year staff to train, coach or teach, you probably have a liability on your hands. It’s much better to have your training staff apprentice and continue their education during that first year of certification.
Driving someone to dehydration or musculoskeletal injury could result in a lawsuit.
- Do your trainers know when someone is going too hard?
- Are they willing to stop class for someone who shows signs of illness or injury?
- Have your patrons filled out forms declaring any known physical impairments, such as heart disease, prior head injuries, diabetes or asthma?
- Are staff alerted to these issues so they can be attentive to problems on your floor?
- Do they know the signs of dehydration?
- Do you have AED defibrillators and know how to use them?
A gym in Portland, Oregon, was sued for $13 million for not having staff trained on emergency response and use of the AED equipment in the facility where the patron died.
Make a checklist
There are many risk-management issues, so make a checklist and review it regularly with staff to ensure you are not caught flat-footed — or negligent — if an incident does occur.
And it’s more than the trainers and coaches. Think about your flooring and equipment. A yoga class requires significantly different flooring from a high-impact martial arts class. Look at the lawsuit brought against Halle Berry’s trainer, the gym and its owner for negligence in a case where the trainer had a patron try a high kick. She lost her footing and fell on her back, fracturing her spine and herniating a disc. She claims the padding was insufficient for such falls. Hello, legal bills.
What about germs
All gym owners and managers know what MRSA (methicillin-resistant Staphylococcus aureus) can do. And all quality fitness centers have sanitizing wipes or spray to combat staph, flu, the coronavirus and easily transmitted intestinal bugs.
Even so, a January 2019 study in Ohio found that 38.2% of swabs from environmental surfaces in fitness facilities were positive for S. aureus. More than 50% of weight plates, curl bars, treadmill handles and CrossFit boxes tested positive, while only 18% of bathroom levers and door handles did.
A housekeeping checklist is a good tool not only to keep staff on task but also to use as a record of your hygiene practices if you are named in a lawsuit.
- How often are you cleaning showers, toilets, mats and equipment? Are those efforts being logged?
- Is the disinfectant sprayer full and in working order?
- Are paper towels always available?
- Check your trash cans. Not overflowing, right?
Dress code, ventilation
Remember that your dress code is more than a style or modesty issue. Regulations on length of shorts and use of tank tops are there to reduce the transfer of germs from sweat and other fluids or bodily matter. Post those rules and enforce them stringently.
Contract with a professional for your ventilation care. Many fitness centers complement central air conductors with ceiling fans to reduce moisture, which breeds all sorts of organisms. Filters and fans need to be serviced regularly, so don’t skimp.
With more than 71 million patrons and 6 billion gym visits a year, the fitness industry is going strong. You can keep your business in excellent health with good germ management; comprehensive patron health statements that staff actually read; qualified coaches, trainers and teachers; and good, updated liability insurance.