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  • IngramLawFirm

Don't Let the Law Weigh You Down at Your Fitness Facility


Did you know.....the fitness industry is regulated by the state. There are specific regulations regarding how you open a fitness facility, where you open. how you market and the way in which you interact with your clients. There is an example of the regulations for New York that you can find below.


https://www.dos.ny.gov/licensing/lawbooks/HLTHCLUB.pdf


So what does this mean for you? Well you need to read, review and commit these regulations to memory before you open your studio, box or gym. The state where you intend to open will have documents similar to these available to you for review and reference. You should also consult with an attorney to have their assistance with making your way through these regulations.


So here's a hypothetical for you..... Client A comes into your facility. They are so excited to get started. They haven't spoken to their doctor but they know they can do it. They've been looking for a quick fix for a while and they're seeing on Facebook that you have been having great success with your other clients. They sign on for a year membership. They come in the next day with their new workout gear and they injure themselves. After they have received medical attention, they ask for their money back.


What do you do? Well the smart solution would be to give them the money back. But what happens if you can't give them their money back. What happens if in the same scenario, the client injures themselves after 21 days and you've spent the money. You just opened and you don't have cash on hand to give anyone back $5 let alone $500. Now what. The above document is an example of where you find the answer to now what. It's your guidebook, your play by play that should help you to protect yourself from liability at the same time you give your clients (and your attorney) peace of mind.


Do you have information in your contract for getting paid and refunds? Do you have a waiver that the client acknowledges that they need to seek medical advice before joining your program? Do you have a waiver regarding treatment you provide at the facility? Do you have an agreement regarding confidentiality?


These are all questions you should be asking yourself and also an attorney who can help you. Hopefully one who is well versed in the fitness community so you are better equipped to handle this stressful situation.

​130 North Front Street, Suite 2

Kington, New York 12401 

P:(845) 331-6601

F:(845)-331-6603 

 amy@ingramlaw-ny.com

*service by electronic means not accepted