Every time you train, instruct or consult with any of your clients, there is risk involved. As a
professional in your field, you need to practice loss prevention daily by serving the needs of
your clients in a safe environment. You need to protect yourself by purchasing quality
insurance. Am I covered under my club’s insurance and how do I determine if I need my own
insurance?
Personal Trainers often work as employees within the confines of a health club where there is
probably coverage already provided by the health club’s insurance policy. But what if personal
trainers do any personal training on their own or in a client’s home? Are they covered? The
answer is NO! What defines whether a personal trainer is an employee of a club or is working
on their own is WHO COLLECTS THE MONEY. Normally, if a personal trainer is being paid
directly by the club for providing their service, they are covered under the club’s insurance
policy as an employee or subcontractor. If this is your situation, check with the club owner to
make sure that you are covered. If on the other hand, you are being paid directly by the
client, you are working as an independent contractor and the club’s insurance does not cover
your personal training, even if you use the club facilities to do the actual workouts.
Many clubs do not allow independent contractors on site without liability insurance.
This coverage protects BOTH you and the club. You should not risk providing professional
personal training or consultation without having your own policy; whether the club requires
evidence of liability insurance or not.
What’s covered under this program?
This liability policy provides limits of either $1,000,000 or $2,000,000 or protection including
professional liability. We also offer a $2,000,000 professional liability policy with $5,000 in
contents insurance. There are also many extensions to the coverage’s that are explained
immure detail further on in this package.
What about signing a waiver?
Each client to whom you provide personal training should sign a waiver. This waiver is only a
token line of defense. Under the law, individuals can only sign away their right to seek
compensation, under circumstances that are reasonably foreseeable at the time of signing
the waiver. When things go wrong and your client is injured and goes to a lawyer, you will
lose most of the protection afforded by the waiver. The lawyer can normally successfully
argue that the injury was not foreseeable, and the court will hold you responsible for any
injuries to your client.
Most people starting out with a Personal Trainer should begin slowly and build up gradually.
Don’t push anybody to do more than you feel they are capable of performing. This is the safest
and easiest way to go. Another suggestion is to have medical questionnaire for all of your
clients to complete and sign. If you do not have a questionnaire of your own, Health Canada
has a “Par-Q and You’ questionnaire available.
When and why would a Can-Fit-Pro fitness instructor or personal trainer need insurance?
As mentioned earlier in this article, if you are an employee for the club, and the club is paying
you for your services, then you are covered under the fitness club’s insurance. However, if you
are doing any special programs for a church or a night class for example, and you are being
paid directly, then you will need your own liability insurance. Generally in smaller
communities, where fitness facilities are set up in locations such as churches, schools or
community centers, you would require coverage such as Tenants Legal Liability where any
damage due to your negligence is covered. This policy provides this for you. Any time that you
instruct, are training, or just advise a client, you are liable, as you will be seen as an expert in
your field, through the eyes of the court.
Are there any examples of personal training lawsuits? What is the risk?
A claim in 1996 occurred when a client with an existing disc problem in his back received
personal training. The exercises that the personal trainer suggested aggravated this disc
problem which resulted in back surgery being required.
The personal trainer was sued for a substantial amount and the claim was settled for $80,000
including $10,000 medical plus legal fees. Liability claims can be filed up to seven years after
an injury. This policy provides you this necessary coverage.
This case demonstrates how important it is that a medical questionnaire be completed for all
of your clients. You need to know:
Did they have any pre-existing condition such as back problems, heart problems and or knee problems?
• Make sure they talk to their doctor BEFORE you start them on a fitness program.
• Once you realize that they are a beginner or that there is a pre-existing condition, start them off slowly until they become more physically active.
• You should be assessing your clients on a regular basis, to make sure they are able to increase the amount of exercise.
• Suggest they take part in a physical appraisal to determine their fitness level.
Some people just go gung-ho on exercise and then realize later that they should have been more cautious.
• As their Can-Fit-Pro Trainer or Instructor you may be held responsible for any injuries to your clients.
Do I automatically qualify for this insurance?
At this time, to be eligible to purchase this insurance you must be a Certified Fitness
Instructor and/or Personal Trainer. You must be a resident of Canada. We require a copy of
your certification sent along with your application. We would also like to see a copy of your
Medical Questionnaire.
How much does this insurance cost?
This policy is set-up on a twelve-month term beginning on the day the application is received
at our office and continuing for twelve months. Upon receiving your application along with a
payment and any further information required, you shall be sent a liability certificate showing
the Master Insurance.
A layman’s guide to understanding these insurance coverage terms:
No “Participants Exclusion”: Some policies exclude coverage to participants. An exclusion like
this, which is common in the fitness industry, would be no good for you, as all of your work
involves the participation of your clients, as opposed to a premise exposure such as a slip or
fall.
Professional Liability: Most liability policies exclude professional liability coverage. If a court
was to deem that your services are profession in nature, a normal liability policy might not
provide this coverage. This policy is amended to provide both normal liability insurance and
professional liability insurance pertaining to personal training and fitness instruction.
Incidental Malpractice: Provides coverage if you cause additional injury to someone as a result
of applying first aid. This is very important if for example a client suffers a heart attaché as a
result of you applying first aid incorrectly.
Cross Liability: Applies primarily when you work with public institutions such as municipalities
or school boards. If the particular institution wishes to be added to your insurance policy,
(which we will do), they are still able to sue you even though they are listed as an insured.
Normally under insurance, you are not able to sue the named insured (yourself). Cross liability
allows a second named insured to be covered under your policy allowing them the same
protection that this policy provides for you as well as the right to make a claim against you if
you are responsible for causing damage.
All Risk Tenants Legal Liability: Normally applies to damage to leased premises that you may
rent or occupy, which has been caused by your negligence. The coverage under this program is
$250,000. An example – your weights falling and causing damage to the floor of a church.
Medical Payments – per person/per incident: If you need to call medical help, this pays for up
to $25,000 per person of medical expenses such as ambulance. An example would be an air
ambulance if you were providing personal training to a ski resort.
Extended Bodily Injury: A deliberate act of force used against someone else is not insured
against, unless the deliberate act of force was used while you are trying to protect someone
else or your property.
Sexual Abuse / Sexual Harassment: This protects the Personal Trainer for Liability and will pay
all defense costs against any accusation of sexual abuse and / or sexual harassment.
Personal Injury Liability
Discrimination: This protects the Personal Trainer against any claims of discrimination made by
another person, by reason of age, sex, religion or national or racial origin, but only with
respect to the injury to the feelings or reputation of a natural person arising out of such
discrimination.
Libel / Slander / Defamation of Character: This protects the Personal Trainer for Liability and
will pay all defense costs against the accusations of publication or utterance of a libel or
slander or of other defamatory or disparaging material against another person.
False Arrest: This protects the Personal Trainer for Liability and will pay all defense costs
against accusation of wrongful entry or eviction, or other invasion of the right of private
occupation.
Advertising Injury: This coverage applies to “personal injury” caused by an offence arising out
of your advertising, publishing, broadcasting or telecasting done by or for you.
Trothen & McConkey Insurance Ltd.
1054 Adelaide St N
London, ON
1-888-346-6602
