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texas gym personal trainer contracts

Personal Trainer Agreement: What Type Of Contract Should You Use?

By Business Contracts, Business Lawyer
personal trainer agreement

Whether you’re a professional trainer or a gym owner that has trainers working at your facility, make sure you’re using the right type of personal trainer agreement.

Because the wrong contract can land you in legal hot water. For example, you can end up being liable for personal injuries that occur during training, extra taxes, and penalties.

As a general rule of thumb, if a client contracts with you to work directly as a trainer, that agreement will be structured so that you’re doing the work as an independent contractor instead of an employee.

Ideally, you’ll use a limited liability company (LLC) or corporation as an additional protection shield instead of contracting as an individual. That’s a key part of running a business long term.

What about personal training a gym’s members?

The contract between the gym owner and the trainer will either be structured as an employment agreement or as an independent contractor agreement. And the gym’s members aren’t parties to the contract between trainer and owner.

One of the big dangers is having this agreement between personal trainer and gym owner disguise an employment relationship by pretending it’s an independent contractor relationship instead. Because if you get caught by the government, that’s where issues like back taxes, penalties, workers and unemployment compensation contributions, etc. kick in.

Does this mean a personal trainer should never work as an employee? Of course not. There are times that it makes sense to get a steady paycheck from an employer instead of working as a freelance professional. This is particularly true when you don’t have a bunch of clients when starting out as a trainer.

Yet it does mean you don’t disguise one relationship as another (employee versue independent contractor) if you want to avoid liability dangers.

Whether you’re a gym owner or a personal trainer, if you need help putting the right liability waivers and training contracts, it’s probably time to schedule a phone consultation with Business Lawyer Mike Young.

Texas Gym Personal Trainer Agreements: What Do You Need?

By Business Contracts, Business Lawyer

texas gym personal trainer agreementsThere are three common trainer agreements you should consider having when you own a Texas gym. Because the right agreements in place can prevent many lawsuits and reduce/eliminate your liability exposure if there is a lawsuit.

Texas Gym – Trainer Employment Agreement

Now if you’re going to treat your trainers as employees, there should be an employment agreement between your gym as the employer and each trainer who is an employee.

Gym – Personal Trainer Contractor Agreement

What if your trainers are not gym employees? Then there should be an independent contractor agreement between your gym and each trainer. Be careful not to disguise an employee as a contractor because you could end up owing the government back taxes and penalties.

Trainer – Gym Member Contract

Naturally, the third agreement is between the trainer and each gym member who retains the trainer’s services. This is used where the trainer is providing personal training services that are beyond the scope of the Texas gym membership agreement between your gym and the member.

Of course, gyms often don’t need all three types of trainer agreements. If you need help deciding which ones are necessary for your Texas gym, or complying with the Texas Health Spa Act, schedule a phone consultation with Business Lawyer Mike Young today.