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Health Club Owners: Know Who You Are Hiring!

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Health Club Owners: Know Who You Are Hiring!

Health clubs, fitness centers, and even smaller gyms usually include both employees (those who are paid by, and under the direction and control of their employer), and independent contractors (those who are usually paid on a non-salary, set compensation basis, and not under the direction of an employer).

These two types of workers will likely be mingling with the health club’s customers on a regular basis. They may include sales people, fitness instructors, maintenance staff, and massage therapists. Thus, it’s important for health club owners and managers to know who they are hiring.

Here are a few hiring tips for health club owners and managers to lower their legal risk liability regarding employees and independent contractors:

– Perform criminal background checks.
– Hire only those who possess the necessary certifications, education, and training.
– Supply employer-provided liability insurance for all employees.
– Confirm that all independent contractors provide proof of liability insurance.
– Make certain that employees and independent contractors are clearly differentiated.

These are just a few tips for health club owners and managers to consider. Most health clubs are used by a wide variety of people, including more vulnerable populations such as older adults, people with disabilities, and children. Thus, it is very important for health club owners and managers to ensure the safety of all its customers, as well as limit its own legal liabilities.

Thomas Margolis is a licensed attorney.

Hurt At The Gym – But You Signed A Release…Now What?

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Waivers of Liability – (Release of Responsibility)

Members of fitness centers are all familiar with the part of their contract that says that the gym, gym staff, etc., are not liable for injuries sustained by members. So, the average gym member assumes that the Waiver is ironclad, and that they have no legal options against the fitness center.

In the state of Wisconsin, for example, waiver of liability agreements are disfavored, and to be upheld, the agreement (contract) must withstand very close scrutiny. The Wisconsin Supreme Court stated, “each exculpatory contract (waiver of liability) that this court has looked at in the past 25 years has been held unenforceable.” This does not mean that all such waivers are unenforceable, but if the court finds that the waiver is contrary to public policy, it will probably be invalid.

What It Means If You Are Injured

Health club members should know that despite signing a waiver or release of liability, they may still have a very good, actionable case against the negligent health club ownership, health club management, or health club employees such as trainers.
So, If you do get injured in a gym, health club, or fitness center, contact attorney Thomas Margolis.

As a former business owner in the health and fitness field, Medical Exercise Specialist, Personal Trainer, and Fitness Counselor for more than 12 years, personal injury lawyer Thomas Margolis has a thorough understanding of the fitness industry. Since Attorney Margolis has experienced all aspects of the workings of the health club/fitness center industry, he understands the legal issues associated with gym injuries from the plaintiff’s side (gym members), as well as the legal issues associated from the defense’s side (gym owners, managers, fitness trainers, and other fitness professionals working with gym members).

Personal injury lawyer Thomas Margolis can help you to assess your gym injury case. Contact Margolis Law today.

Thomas Margolis is a licensed attorney.