Insurance/legal question (Brodie!)

[Dunk]

Hey guys,

I don't know if you'll be able to help because i live in the UK so the legislation is probably very different, but hopefully my solution will make sense.

In the UK you don't need any certificates/qualifications to be a personal trainer. I have a level 2 gym instructor certificate (just to have something to show new clients). Here's the problem, insurance companies will insure you to be a personal trainer but without the level 3 personal trainer certificate, apparently anything that goes to court will go against you if you don't have the level 3 certificate. AND, you have to pay for the 'damages' because you don't have the certificate (even if the insurance companies have insured you and they're aware you don't have the level 3 certificate?!).

Will some sort of waiver get me out of this?

Thanks guys

P.s: if there is no way around this then obviously I'll have to get the level 3 certificate. The only reason I'm not is because its expensive, takes a long time to get and the masses of stuff they teach you is garbage (i know several people who have done it).

[Sean Stangl]

http://startingstrength.com/index.ph...m_legal_part_i

You should at least consider incorporating as an LLC to minimize exposure.

[Brodie Butland]

Here's the issue...I'm not sure that waivers work in the UK like they do in the US. My understanding is that whereas in most US states you can waive all liability, even for your own negligence, you cannot do the same thing in the UK.

Now again, I'm not up on English law, so that may be wrong...that's just what I heard from an English gym owner who used to be a barrister. But if that's the case, then you won't be able to get out of the woods completely with a waiver.

In that case, you'll have to make sure that you get an insurance policy that will pay your legal expenses. I wasn't really sure what this part of your post meant, so I can't really comment on it without some clarification:

insurance companies will insure you to be a personal trainer but without the level 3 personal trainer certificate, apparently anything that goes to court will go against you if you don't have the level 3 certificate. AND, you have to pay for the 'damages' because you don't have the certificate (even if the insurance companies have insured you and they're aware you don't have the level 3 certificate?!).

[Brodie Butland]

http://startingstrength.com/index.ph...m_legal_part_i

You should at least consider incorporating as an LLC to minimize exposure.

English versus American law aside, incorporating won't do much for you on the tort end if you're a one-man shop...since you're the one who will be committing the torts against the trainee, and thus can be sued in your individual capacity. That said, I would absolutely incorporate if (1) you handle a lot of contracts through your business, (2) own/lease your own business space, and/or (3) have employees or independent contractors under your watch. Incorporation can be very beneficial in those instances.

[Dunk]

Thanks everyone! I'm still unsure to what I'm going to do but you've given me some things to think about.