Owning a gym can be a great way to earn money while helping others reach their fitness goals, but it does require having some legal protection. A few costly lawsuits can all but destroy a small gym just as it’s gaining a foothold within a community. If you want to protect your gym from lawsuits, here are five things to keep in mind.
1. Have Members Sign Waivers
Injuries can happen in any gym, and you need to let your members understand that if they’re going to work out at your establishment. The best way to do this is to have all of your members sign waivers when they join. A good waiver should include a clear assumption-of-the-risk clause, a release of liability for negligence, and a clear statement of understanding. While waivers aren’t completely bulletproof, they should protect you from lawsuits when (not if) a member of your gym is injured during a workout.
2. Have Liability Insurance
Since no waiver is completely bulletproof, your gym needs good liability insurance for any unexpected scenarios that could come up. A good liability insurance policy will protect you from claims related to personal injury, property damage, and malfunctioning equipment. Having liability insurance not only protects your business, but it shows clients and business partners that you’re committed to running a professional and responsible business.
3. Zoning and Building Code Compliance
The right location is important for any business, but you also need to adhere to local zoning laws before you open your gym. These should be readily available to you, but you can consult an attorney to make sure that you follow everything to the letter. You may also need to apply for a special permit to operate a gym in your area, so be prepared for that as well.
In addition to following local zoning laws, your gym also needs to meet certain building codes to operate legally. It should have adequate ventilation and lighting, clearly posted occupancy limits, and accessible emergency exits. It also needs to comply with the Americans with Disabilities Act (ADA). Again, speak with a lawyer to make sure that all building codes are followed to the letter.
4. Comply with OSHA Standards
All workplaces need to comply with standards set by the Occupational Safety and Health Administration (OSHA), and gyms are no exception. These standards require you to regularly inspect and maintain equipment, provide CPR training for all staff members, and establish clear emergency procedures. This not only complies with the law but also helps build trust with your employees and members.
5. Provide Clear Membership Contracts
Good membership contracts should outline clear mutual responsibilities and protections. They should include clear payment terms and cancellation policies, rules for facility and equipment use, and consequences when the contract is breached. Some states have specific regulations for gym membership contracts, so check local laws and speak with your lawyer to ensure that your contracts are on the level and easy to understand.
Gyms are places of frequent accidents and injuries that come along with working out, but the above ideas can help mitigate the risk and help gyms legally protect themselves.