Exercise Science The Legal & Professional Responsibilities of Personal Trainers

This Chapter will discuss the Legal aspects & guidelines of personal training As well as the Professional duties & responsibilities of a personal trainer.

The Legal & Professional Responsibilities of Personal Trainers Terms Liability Standard of Care Negligence Tort Defendant Plaintiff

The Legal & Professional Responsibilities of Personal Trainers Documents Contract Informed Consent Assumption of Risk Warnings Waiver

The Legal & Professional Responsibilities of Personal Trainers Scope of Practice – should be well trained and educated in your area of expertise but also know your limitations

The Legal & Professional Responsibilities of Personal Trainers Personal Trainers Should Not… Diagnose Prescribe Diets or supplements Treat injuries or disease Monitor progress for medical related clients Rehabilitate Counsel Work with PATIENTS

The Legal & Professional Responsibilities of Personal Trainers Personal Trainers Should… Follow Health Professional advises or guidelines Screen for exercise limitations Identify potential risk factors through screening Refer Design exercise programs Prescribe Periodize Training outline General Nutritional Guidelines Improve overall health and wellbeing of client Document Progress Report Progress Coach/Teach Exercise Guidelines & Reccomendations Work with CLIENTS

The Legal & Professional Responsibilities of Personal Trainers ACE Code of Ethics ACE certified Professionals are guided by the following principles of conduct as they interact with clients, the public, and other health and fitness professionals.

The Legal & Professional Responsibilities of Personal Trainers ACE-certified Professional will endeavor to: Provide safe and effective instruction Provide equal and fair treatment to ALL clients Stay up to date on the latest health and fitness research and understand its practical application Maintain a current CPR certification and knowledge of first aid Comply with all applicable business, employment and intellectual property laws Maintain the confidentiality of all client information

The Legal & Professional Responsibilities of Personal Trainers ACE-certified Professional will endeavor to: Refer clients to more qualified health or medical professionals when appropriate Uphold and enhance public appreciation and trust for the health and fitness industry Establish and maintain clear professional boundaries

The Legal & Professional Responsibilities of Personal Trainers Employment Status Employee – – Trained by company – Provided Benefits – SS with-holdings – Workers Comp – Structured Dismissal Process Independent Contractor – Self Employed – Contract Basis – Professional Freedom – Set Hours & Pay

The Legal & Professional Responsibilities of Personal Trainers Business Structure Sole Proprietorship Partnership – General Partnership –all partners fully liable – Limited Partnership – Limited liability Corporation – Limited Liability Corp - The LLC is a type of hybrid business structure that is designed to provide the limited liability features of a corporation and the tax efficiencies and operational flexibility of a partnership. A popular choice for sole proprietors who are looking to incorporate simply to protect personal assets or secure additional loans, the LLC is thought to be one of the easiest and least expensive forms of ownership to organize

The Legal & Professional Responsibilities of Personal Trainers Business Structure C – Corporation - A C Corporation (or simply a Corporation) is considered by law to be a unique entity separate from those that own it. As an individual entity, a corporation can be taxed, sued, and can enter into contractual agreements. S – Corporation - A subchapter "S" Corporation, also called an S Corporation, is a corporation that once incorporated, elects a special tax status. The Subchapter S tax election enables the shareholder to pass through earnings and profits directly to their personal tax return.If the corporation has a profit, the shareholder, if working for the company, must pay themselves wages that meet the standards of "reasonable compensation."

The Legal & Professional Responsibilities of Personal Trainers Contracts Identification of Involved parties Description of services Specification of Compensation Personal or business Information Business or Employment Status Terms of agreement and Termination status

The Legal & Professional Responsibilities of Personal Trainers Legal Responsibilities Facilities Equipment Recommendation (scope of practice) Supervision Instruction

The Legal & Professional Responsibilities of Personal Trainers Insurance Liability Insurance Periodically Review your policy – Make sure coverage is where it needs to be – Legal fees are covered

The Legal & Professional Responsibilities of Personal Trainers Other Considerations Copyright Laws Performance Licenses Certification American Disabilities Act Risk Management Bloodborne Pathogens