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Personal Trainer Liability Waiver

Personal Trainer Liability Waiver Template for Switzerland

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Key Requirements PROMPT example:

Personal Trainer Liability Waiver

"I need a Personal Trainer Liability Waiver for my boutique fitness studio in Zurich that offers both in-person and online training sessions, with special consideration for high-intensity functional training and equipment usage."

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Document background
The Personal Trainer Liability Waiver is a crucial legal document used in the Swiss fitness industry to establish clear boundaries of liability and responsibility between personal trainers and their clients. This document should be used before commencing any personal training services in Switzerland, whether in a gym setting, private studio, or for mobile training services. It incorporates specific provisions required under Swiss law, including limitations on liability exclusions as per the Swiss Code of Obligations, data protection requirements under FADP, and necessary health and safety declarations. The waiver is designed to protect both the trainer and client while maintaining enforceability under Swiss jurisdiction, addressing aspects such as risk acknowledgment, emergency procedures, and client health status declarations.
Suggested Sections

1. Parties: Identification of the personal trainer/fitness facility and the client

2. Background: Context of the agreement and purpose of the fitness training relationship

3. Definitions: Key terms used throughout the waiver including 'Services', 'Training Sessions', 'Facilities', 'Equipment'

4. Acknowledgment of Risks: Client's confirmation of understanding the inherent risks in physical training

5. Health Declarations: Client's confirmation of health status and fitness for exercise

6. Assumption of Risk: Client's explicit acceptance of the risks involved in training

7. Liability Waiver: Specific limitations of liability within Swiss legal boundaries

8. Client Obligations: Client's responsibilities regarding safety, following instructions, and proper use of equipment

9. Emergency Authorization: Permission to seek medical treatment in case of emergency

10. Data Protection: Handling of personal and health-related information in compliance with FADP

11. Governing Law: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Equipment Usage: Specific terms regarding equipment use, needed if training involves specialized equipment

2. Online Training Provisions: Additional terms for virtual training services, if applicable

3. Group Training Terms: Additional provisions for group training scenarios

4. Photography/Video Consent: Terms for recording sessions for form analysis or marketing

5. Competition Training: Additional terms for clients training for competitive sports

6. Outdoor Training: Specific provisions for outdoor training sessions

7. Minor Participant: Additional terms when the client is under 18, requiring parent/guardian consent

Suggested Schedules

1. Health Questionnaire: Detailed medical history and current health status form

2. Emergency Contact Information: List of emergency contacts and relevant medical information

3. Specific Activities Waiver: Additional waivers for specific high-risk activities or specialized training

4. Insurance Information: Details of relevant insurance coverage

5. Rules and Regulations: Detailed facility or training program rules and safety guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Trainer
Client
Services
Training Session
Training Program
Facility
Equipment
Personal Information
Health Data
Emergency Contact
Medical Professional
Force Majeure
Gross Negligence
Inherent Risks
Physical Activity
Health Assessment
Training Objectives
Confidential Information
Emergency Situation
Training Location
Safety Instructions
Medical Clearance
Pre-existing Conditions
Informed Consent
Physical Injury
Personal Property
Liability
Waiver
Release
Insurance Coverage
Professional Services
Training Materials
Health Guidelines
Safety Protocols
Relevant Industries

Fitness and Personal Training

Health and Wellness

Sports and Recreation

Leisure Services

Healthcare

Insurance

Professional Services

Education and Training

Relevant Teams

Legal

Compliance

Risk Management

Operations

Client Services

Human Resources

Health and Safety

Training and Development

Administration

Insurance and Claims

Relevant Roles

Personal Trainer

Fitness Instructor

Group Exercise Instructor

Sports Coach

Fitness Center Manager

Gym Owner

Risk Management Officer

Legal Counsel

Compliance Officer

Insurance Coordinator

Client Relations Manager

Operations Director

Facility Manager

Health and Safety Officer

Industries
Swiss Code of Obligations (OR) Art. 19-20: Provisions regarding the legal limits of contractual freedom and validity of contracts
Swiss Code of Obligations (OR) Art. 41: General provisions on civil liability and tort law which form the basis for understanding what can and cannot be waived
Swiss Code of Obligations (OR) Art. 100-101: Limitations on liability exclusions, particularly regarding gross negligence and willful misconduct which cannot be waived
Swiss Civil Code Art. 27-28: Protection of personality rights and bodily integrity, which limits the extent to which someone can waive their rights to physical safety
Federal Act on Unfair Competition (UWG): Ensures that waiver terms are not unfairly advantageous to the personal trainer and are transparent to the client
Federal Act on Data Protection (FADP): Regulations regarding the collection, storage, and processing of personal health and fitness data
Swiss Sports Law Guidelines: Specific regulations and guidelines pertaining to sports and fitness instruction in Switzerland
Cantonal Health and Safety Regulations: Local health and safety requirements for fitness professionals and facilities
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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