Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Drafting A Professional Personal Trainer Contract

23 Mar 2023
34 min
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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

The importance of having a professional personal trainer contract in place should not be overlooked. After all, it serves to protect both parties – the personal trainer and their client – from legal risks and potential disputes, while also outlining expectations and protecting the intellectual property of the personal trainer.

In order to have a strong contract in place, many different aspects must be considered. These include services provided, payment terms, the duration of agreement and any confidentiality required, plus much more besides. In addition to this, there should also be a clause on liability and indemnity which outlines each party’s responsibility in the event of a breach or dispute - as well as details concerning insurance that may need to be taken out. Finally, it is important for any contract to include an easily understood termination clause with details as to when/how it can be ended and what notice period (if applicable) is required by either party.

For any agreement between personal trainer and client to hold up legally in court then both parties must sign the document; ensuring that it is legally binding is another essential element that must not be forgotten. To this end we recommend using Genie AI’s open-source legal template library which consists of millions of datapoints teaching AI how a market-standard contract looks like: anyone can draft these contracts simply by customizing high quality templates without ever needing a lawyer! Plus our community template library means you can access our free templates today without needing an account - just read on below for step-by-step guidance on how to get started!

Definitions (feel free to skip)

Legal Bind: To legally bind something means to make it legally binding and enforceable in a court of law.
Scope: The scope of something is the range of work or activity it covers.
Timeline: A timeline is a sequence of events or a plan of action over a period of time.
Clause: A clause is a statement or condition in a contract.
Enforceable: Enforceable means that a court of law can legally enforce a contract or agreement.
Obligations: Obligations are duties or responsibilities that must be fulfilled.
Limitations: Limitations are restrictions or boundaries that cannot be exceeded.
Cancellation: Cancellation is the process of ending or cancelling a contract.
Liability: Liability is the legal responsibility for something.
Insurance: Insurance is a contract that provides financial protection against losses.

Contents

  • Overview of the Purpose of the Contract
  • Determining the Scope of the Contract
  • Deciding which services to include
  • Establishing the timeline of the contract
  • Getting Professional Legal Advice
  • Establishing the Terms of the Contract
  • Drafting a document outlining the terms
  • Ensuring the terms are legally binding
  • Identifying the parties to the contract
  • Defining the Responsibilities of the Personal Trainer
  • Outlining any duties and obligations
  • Establishing a system for disputes
  • Defining the Rights and Obligations of the Client
  • Describing the client’s rights and obligations
  • Outlining any limitations or restrictions on client rights
  • Setting Fees, Payment Terms and Cancellation Policies
  • Agreeing on the fees for services
  • Setting payment terms and conditions
  • Defining the terms of cancellation
  • Establishing Liability and Insurance Clauses
  • Identifying any liability for injuries or damages
  • Defining the use of insurance
  • Incorporating Additional Clauses or Requirements
  • Adding additional clauses or requirements to the contract
  • Ensuring any additional clauses are legally binding
  • Finalizing and Signing the Contract
  • Having all parties review and sign the finalized contract
  • Making copies of the signed contract for each party
  • Ensuring that all parties understand the terms and conditions of the contract

Get started

Overview of the Purpose of the Contract

  • Understand the purpose of the contract - the contract serves to outline the terms and conditions of the agreement between the personal trainer and their client
  • Make sure all the relevant information is included in the contract - include the personal trainer’s name, the client’s name, the services provided, the duration of the agreement, the payment terms, and any other relevant details
  • Make sure the contract is legally binding - ensure that all the details are properly documented and that both parties have signed and dated the agreement
  • Check that the contract is up-to-date - make sure the information and terms of the contract are in accordance with current regulations
  • When you are done, you can move on to the next step - Determining the Scope of the Contract.

Determining the Scope of the Contract

  • Identify what services the trainer will provide, and whether any additional services will be offered
  • Consider any special requests the client may have, such as the use of specific equipment, any dietary restrictions, etc.
  • Describe the type of environment the client will be working in, such as a gym or home setting
  • Specify the length of the contract, including any renewal or termination options
  • Outline any additional terms, such as payment schedule and any applicable taxes
  • List any applicable cancellation policies

Once you have identified and listed all the relevant items, you can move on to the next step of deciding which services to include in the contract.

Deciding which services to include

  • Decide the services to include in the contract such as personal training sessions, meal plans, and nutritional advice.
  • Consider any additional services you may want to include, such as access to an online portal or group fitness classes.
  • Write out the specific details of each service so that the client understands exactly what they are paying for.
  • Make sure to include all fees and pricing information, as well as any additional terms and conditions.
  • Once all the services have been detailed, review and revise the contract to ensure accuracy.
  • Check off this step when you have included all of the services and refined the contract.

Establishing the timeline of the contract

  • Discuss with the client the length of the initial contract and any options for renewal
  • Consider factors such as the scope of services, the frequency of sessions, the length of the clients goal, and any other relevant factors
  • Make sure to include a clause outlining the conditions for contract termination
  • Outline the payment schedule for services
  • Come to an agreement on the timeline for the contract
  • Put all of the agreements in writing in the contract
  • Once the timeline has been established and agreed upon, you can check this step off your list and move on to getting professional legal advice.

Getting Professional Legal Advice

  • Seek out legal advice to ensure that the contract adheres to local laws and regulations.
  • Consider hiring a lawyer to help review the contract and make sure that it is up-to-date, legally binding, and comprehensive.
  • Make sure to discuss any questions or concerns you may have about the contract with the lawyer.
  • Once you have received the legal advice and addressed any concerns, you can proceed with the contract.

Establishing the Terms of the Contract

• Discuss the scope of services that the personal trainer will provide, such as the number of sessions and the payment timeline.
• Consider the need for liability insurance and any other necessary certifications or licenses.
• Outline the duration of the contract, including the starting and ending dates and any cancellation policies.
• Discuss the payment terms, such as how much the client will pay and when the payment is due.
• Address any special requests or needs that the client may have, such as dietary advice or a certain type of training.

You can check this off your list and move on to the next step when all the terms of the contract have been agreed upon and you have a clear understanding of what services the personal trainer will provide and the payment schedule.

Drafting a document outlining the terms

  • Create a document that details the contract’s terms and conditions
  • Include the name and contact information of both parties involved
  • Define the services to be provided, including the duration and frequency of the training sessions
  • Outline the payment terms, including the rate, method of payment, and any late fees
  • Detail any cancellation policies, including any advance notice that is required for cancellations
  • Establish any non-disclosure or confidential information clauses, if applicable
  • Include the name and contact information of a witness or notary public, if necessary
  • Have both parties sign and date the contract
  • Once both parties have signed the contract and all parties are in agreement, this step will be complete and you may move on to the next step.

Ensuring the terms are legally binding

  • Read through the contract to make sure all the relevant information is included
  • Make sure all the terms are clearly defined and legally binding
  • Ensure the contract is signed by both parties and dated
  • Make sure the contract is written in plain language that is easy to understand
  • Verify that all parties understand and accept the terms of the contract before signing
  • Once all parties have signed the contract, make sure you keep a copy for your records
  • You’ll know that you’ve completed this step when all parties have signed the contract and you have a copy for your records.

Identifying the parties to the contract

  • Gather the full name, contact information, and signature of the Personal Trainer
  • Gather the full name, contact information, and signature of the Client
  • Clearly state the names of the parties in the contract
  • Double-check that the names in the contract match the names listed in the contact information
  • Once you have the names and contact information for both parties and the contract is signed, you can check this step off your list and move on to the next step.

Defining the Responsibilities of the Personal Trainer

  • Outline the specific responsibilities of the personal trainer in the contract.
  • Include the type of training provided, the frequency of training, and any other duties the personal trainer may be expected to perform.
  • Define the scope of services the personal trainer will provide and the level of access the client will have to the trainer.
  • Specify how the client will receive feedback and any other interactions the two parties may have.
  • Include any additional responsibilities the trainer may have, such as providing nutritional advice or supplement recommendations.

You can move on to the next step when the responsibilities of the personal trainer have been accurately outlined in the contract.

Outlining any duties and obligations

  • Outline the duties and obligations of the personal trainer, such as providing professional advice, training plans, and nutritional guidance
  • Include the trainer’s responsibility to provide a safe and healthy training environment
  • Identify the services the trainer will provide and any additional services they may offer
  • Make sure to include any extra requirements, such as certifications and licenses, that the trainer must have
  • Be clear and specific in outlining the duties and obligations of the personal trainer
  • Once the duties and obligations have been outlined, you can check this off your list and move on to the next step: Establishing a system for disputes.

Establishing a system for disputes

  • Conduct research on the local laws and regulations concerning dispute resolution.
  • Develop a dispute resolution system that is tailored to the contract and that is compliant with applicable laws and regulations.
  • Create a clause in the contract that outlines the dispute resolution system and how it will be enforced.
  • Include a clause that states that any disputes will be settled in a court of law.

When you’ve completed this step, you will have established a dispute resolution system, included a clause in the contract that outlines the dispute resolution system, and included a clause that states that disputes will be settled in a court of law.

Defining the Rights and Obligations of the Client

  • Clearly define the client’s responsibility to follow the training program and any other instructions given by the trainer
  • Specify that the client is aware of the risks involved with personal training and that the client is responsible for any physical injuries that may occur
  • Specify that the client will not be compensated for any lost time or money due to injuries sustained while training
  • Describe any additional fees that may be required of the client (such as late fees or equipment fees)
  • Outline any cancellation policies, including any fees that may be charged for missed appointments
  • Outline any refund or reimbursement policies

Once you have included all of the above-mentioned points in the contract, you can check this off your list and move on to the next step.

Describing the client’s rights and obligations

  • Explain that the client agrees to follow the instructions given by the trainer and abide by their fitness program and dietary guidelines
  • State that the client is aware of the risks involved with their fitness program, and accept those risks
  • Outline the client’s right to privacy and the trainer’s responsibility to keep all personal information confidential
  • Describe the client’s right to terminate the agreement according to the terms of the contract
  • Specify the client’s responsibility to pay the agreed-upon fees in a timely manner

Once you’ve outlined the client’s rights and obligations in the contract, you can move on to the next step: outlining any limitations or restrictions on client rights.

Outlining any limitations or restrictions on client rights

  • Outline any restrictions on client rights that you may have, such as what equipment or facilities the client has access to and any time restrictions that may be in place
  • Spell out any specific rules or regulations that the client must follow while using your services
  • Clarify the circumstances under which the client may terminate the contract
  • Make sure to include a disclaimer in the contract that states the client is responsible for any injuries that may occur while using your services
  • Check off this step when you have included all necessary restrictions on the client’s rights in the contract.

Setting Fees, Payment Terms and Cancellation Policies

  • Determine how much you’ll charge for your services and for how long
  • Establish a payment schedule and method (e.g. monthly, per session, etc.)
  • Specify any cancellation policies and the associated fees (if any)
  • Include information on refunds and/or other payment disputes
  • Include a statement on how to terminate the contract
  • When you have all of the information listed above in the contract, you can move on to the next step.

Agreeing on the fees for services

  • Establish what services you will be providing and the value of those services
  • Discuss with the client the fees associated with the services
  • Ensure that the fees are acceptable to both parties
  • Document the agreed upon fees in the contract
  • Make sure that all fees are clearly outlined and that both parties have agreed to them
  • Once the fees have been agreed upon, you can check this off your list and move on to the next step of setting payment terms and conditions.

Setting payment terms and conditions

  • Determine the payment method: cash, check, credit card, etc.
  • Agree on the payment schedule: upfront, monthly, etc.
  • Establish late payment fees and/or interest rates
  • Decide whether or not you will accept partial payments
  • Set up a system for processing refunds
  • Confirm that the client understands the payment terms and conditions
  • Sign and date the contract

When you have all these items set up, you can check this step off your list and move on to the next step of the guide.

Defining the terms of cancellation

  • Outline the terms of cancellation for the trainer and client, including the length of notice required for cancellation
  • Specify any fees for early cancellation
  • Determine the circumstances in which the client may be allowed to cancel without penalty
  • Include a statement that any outstanding payments must be made at the time of cancellation
  • When the terms of cancellation have been agreed upon and finalized, make sure to include them in the contract

Once you have outlined the terms of cancellation and finalized them, you can move on to the next step: Establishing Liability and Insurance Clauses.

Establishing Liability and Insurance Clauses

  • Discuss the liability of each party in the contract
  • Outline how the trainer and client will handle any potential or actual injury that may occur as a result of the trainer’s services
  • Detail any insurance the trainer has in place to cover any potential or actual injury that may occur as a result of their services
  • Discuss the financial responsibility of each party in the event of any injury or damage
  • Include a clause spelling out the limitations of the trainer’s liability
  • Have both parties sign and date the contract to make it legally binding

When this step is complete, you’ll have a clear understanding of the liabilities and insurance implications of the contract.

Identifying any liability for injuries or damages

  • Research the laws in your state to ensure you are compliant with any liability requirements
  • Consult with a lawyer to understand the legal implications of any liability clauses you include in your contract
  • Discuss with your client what their liability expectations are
  • Make sure that the liability clauses in the contract are clear and understandable
  • Include the necessary language to protect both you and your client
  • When you are confident that the language in the contract adequately protects both parties, you can move on to the next step.

Defining the use of insurance

  • Determine if you or your client will be responsible for any insurance fees associated with the training sessions.
  • Decide if you will provide proof of insurance to the client and if so, include that requirement in the contract.
  • Specify the type of insurance you will provide and the limits of that coverage.
  • Include a clause outlining the client’s responsibility to provide proof of insurance upon request.

Once you have addressed these points, you can check off this step and move on to incorporating additional clauses or requirements.

Incorporating Additional Clauses or Requirements

  • Review the standard contract language to ensure it meets your legal and insurance requirements
  • Determine if additional clauses need to be added to cover additional requirements not included in the standard contract language
  • Consult your legal team or insurance professional to help define any additional clauses or requirements
  • Take the additional clauses or requirements and incorporate them into the contract language, ensuring that all parties have agreed to the changes
  • Once the additional clauses or requirements have been incorporated into the contract language, review the entire contract to ensure that all parties are in agreement
  • Once all parties have agreed to the contract language, you can move on to the next step.

Adding additional clauses or requirements to the contract

  • Review the trainer and client’s requirements and discuss any additional clauses or requirements that may need to be included in the contract
  • Brainstorm the different clauses or requirements that will be needed and make a list of them
  • Add any necessary clauses or requirements to the contract, making sure they are specific and relevant to the client and the trainer
  • Include any statutory obligations that must be included in the contract
  • Ensure that the contract is fair to both the client and the trainer, taking into account any negotiating points that were agreed upon
  • Once the contract is complete and the additional clauses or requirements are added, check the contract to make sure it is legally binding
  • Make sure that both the trainer and the client are aware of the clauses or requirements and make sure they both agree to them
  • Finalize the contract, ensuring that both the trainer and the client have signed it.

You’ll know when you can check this off your list and move on to the next step when you have finalized the contract and both parties have signed it with all the necessary clauses or requirements included.

Ensuring any additional clauses are legally binding

  • Double-check that all additional clauses and requirements are legally binding in the personal trainer contract.
  • Make sure that all parties involved understand the additional clauses and requirements, and that those clauses are fair and reasonable.
  • Have a lawyer review the contract to ensure that all clauses are legally binding and enforceable.
  • Once you have ensured that the additional clauses are legally binding and all parties are in agreement, move on to the next step.

Finalizing and Signing the Contract

  • Ensure all parties have reviewed the contract and are in agreement with the terms
  • Have each party sign and date the contract
  • Make sure you keep a copy of the signed contract for your records
  • You can check this step off your list when all parties have signed the contract

Having all parties review and sign the finalized contract

  • Ask all parties to read through the contract and make sure all details are accurate before signing
  • Make sure all parties sign in the designated spots
  • Date the contract once all parties have signed
  • Provide each party with a copy of the signed contract
  • Once all parties have reviewed and signed the contract, you can move on to the next step

Making copies of the signed contract for each party

  • Make sure to have additional copies of the signed contract before distributing them to all parties involved
  • Distribute a copy of the signed contract to each party involved in the agreement
  • Make sure each party keeps a copy of their signed contract for their records
  • Once all parties have a copy of the signed contract, the step is complete.

Ensuring that all parties understand the terms and conditions of the contract

  • Have both parties read the contract and ask questions if anything is confusing.
  • Provide an explanation of any sections that may need further clarification.
  • Review any potential risks associated with the contract.
  • Listen to any concerns that the parties may have and answer their questions.
  • Make sure that both parties are clear on the terms and conditions outlined in the contract.
  • Once the parties have understood the terms and conditions, they can sign the contract and move on to the next step.

FAQ:

Q: What are the key elements of a professional personal trainer contract?

Asked by Alicia on 15th April 2022.
A: A professional personal trainer contract typically includes key details such as the duration of the agreement, the scope of services to be provided, any payment terms and conditions, and any applicable liability waivers. Depending on the jurisdiction, additional clauses may need to be included such as confidentiality agreements or details around termination of the agreement. It is important to ensure that all elements of the contract are written clearly and reviewed by both parties before signing to avoid any potential legal issues in the future.

Q: What should I consider when drafting a personal trainer contract?

Asked by Joe on 18th June 2022.
A: When drafting a personal trainer contract, it is important to consider all relevant legal aspects of the agreement, including jurisdiction-specific laws and regulations. Additionally, you should make sure to include clear terms and conditions related to payment, services provided and other relevant issues such as liability waivers or confidentiality agreements. It is also important to ensure that both parties understand each clause before signing the agreement to avoid any potential legal issues in the future.

Q: Are there any differences between US and UK contracts for personal trainers?

Asked by Sarah on 13th August 2022.
A: Yes, there are some differences between US and UK contracts for personal trainers, due to different laws and regulations in both countries. In the US, for example, some states may require additional clauses related to liability waivers or termination of the agreement. In the UK, certain clauses may need to be included related to specific regulations such as GDPR compliance. Additionally, it is important to ensure that all contracts reflect local laws and regulations in both countries before signing.

Q: How long should a professional personal trainer contract be?

Asked by David on 20th October 2022.
A: The length of a professional personal trainer contract will depend on several factors such as jurisdiction-specific laws and regulations, services provided and payment terms and conditions. Generally speaking, a well-drafted contract should not be too long or complicated; instead it should include only the necessary information in clear concise language which is easy to understand for both parties. It is also important that all parties review and understand each clause before signing the agreement in order to avoid any potential legal issues in the future.

Q: Should I include confidentiality clauses in my personal trainer contract?

Asked by Samantha on 2nd December 2022.
A: It is generally advisable to include confidentiality clauses in your personal trainer contract if there is sensitive information which needs to remain confidential between both parties. Depending on your jurisdiction, additional clauses may need to be included such as data protection or GDPR compliance clauses if you plan on collecting or storing any information about your clients or customers. Ultimately, it is important to ensure that both parties understand each clause before signing the agreement in order to avoid any potential legal issues in the future.

Q: What are some common legal issues with personal trainer contracts?

Asked by Robert on 15th February 2022.
A: Common legal issues with personal trainer contracts can range from unclear or confusing language leading to misunderstandings between both parties, incomplete or incorrect clauses which do not reflect local laws and regulations, or even incomplete documentation which fails to cover all aspects of an agreement such as scope of services provided or payment terms and conditions. It is important that all elements of a professional personal trainer contract are written clearly and reviewed by both parties before signing in order to avoid any potential legal issues in the future.

Q: What kind of liability waivers should I include in my personal trainer contract?

Asked by Jennifer on 8th April 2022.
A: Liability waivers are an important part of a professional personal trainer contract and should be tailored according to jurisdiction-specific laws and regulations as well as agreed upon responsibilities between both parties. Generally speaking, liability waivers should include details regarding what type of losses are covered (such as medical expenses) as well as what type of activities are excluded from coverage (such as extreme sports). It is important that all parties review each clause before signing the agreement in order to avoid any potential legal issues in the future.

Q: Are there any additional clauses I should consider for my personal trainer contract?

Asked by John on 22nd June 2022.
A: Depending on your jurisdiction, additional clauses may need to be included such as confidentiality agreements or data protection/ GDPR compliance if you plan on collecting or storing any information about your clients or customers. Other clauses which might be considered include indemnity agreements which protect against liability claims from third parties (such as suppliers), non-disclosure agreements (NDAs) which protect trade secrets from being shared with competitors, or even termination clauses which provide an exit strategy for either party if necessary. Ultimately it is important that all elements of a professional personal trainer contract are written clearly and reviewed by both parties before signing in order to avoid any potential legal issues in the future.

Q: Are there any particular challenges associated with drafting a professional personal trainer contract?

Asked by Elizabeth on 6th August 2022.
A: Drafting a professional personal trainer contract can present several challenges depending on your particular circumstances such as jurisdiction-specific laws and regulations or industry-specific requirements (such as GDPR compliance). Additionally, there may be difficulties associated with understanding complex terminology used throughout the document which can lead to misunderstandings between both parties; this can also lead to disputes over payment terms or scope of services provided after signing the agreement which can result in expensive legal battles down the line if not addressed properly ahead of time. Ultimately it is important that all aspects of a professional personal trainer contract are written clearly and reviewed by both parties before signing in order to avoid any potential legal issues in the future.

Example dispute

Possible Lawsuits Involving Personal Trainer Contracts

  • Plaintiff may cite the terms of the contract as being breached by the trainer, such as failure to provide services as agreed upon or failure to adhere to other clauses of the contract.
  • Plaintiff may cite relevant consumer protection laws or regulations if the trainer was found to be engaging in deceptive practices, such as undisclosed fees or misrepresentation of services provided.
  • Plaintiff may cite civil law regarding failure to perform services as agreed upon or breach of contract.
  • Plaintiff may seek damages, such as reimbursement of fees paid, or other financial compensation.
  • Settlement may be reached through mutual agreement outside of court or through a court order.
  • Damages may be calculated based on the amount of money paid for the services and any other costs incurred by the plaintiff.

Templates available (free to use)

Personal Trainer Contract

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