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Trainer Risk Management
Amber Sheppard

Trainers are the face of a gym, whether you want to admit it or not.  The last thing you need as a gym owner is a lawsuit from a trainer's disgruntled client—especially one that could have easily been prevented. Don't let one bad seed ruin your gym's reputation. Let’s look at what trainer risks factor are, how you can prevent risks, and what to do to contain them.  

Risk Factors: The Basics

In its simplest terms, risk is anything that has a negative impact on a business. In the fitness industry, this includes the public perception and reputation of not only the gym, but its owners, staff, and entire program as well. Some common risks associated with trainers and coaches are as follows:
  • Unprofessional or unethical conduct: Many training organizations your coaches belong to define acceptable conduct and ethical standards (USA Weightlifting, USA Powerlifting, National Strength & Conditioning Association; CrossFit™ does not). Some states actually have laws in place defining what this conduct would be in the fitness industry. Others don't. If your state doesn't define what this conduct would be, then consider this the "catch-all" category. It includes anything you deem unbecoming and detrimental to your business. Examples include missing client sessions, inappropriate client relations, or failure to represent your gym in a positive light.
  • Inability to work with other professionals: In a nutshell, this trainer "doesn't play well with others."  He won't communicate with other trainers, management, or staff. He may think he is above everyone else. Regardless of the rationale, the lack of communication (or miscommunication) causes internal strife and tension amongst the staff.
  • Inappropriate client relations (sexual harassment): A trainer's inappropriate comment or touch of a client could result in a lawsuit against you, the trainer, and your gym. A trainer with a promiscuous or inappropriate client relation reputation can severely damage your business and program you worked so hard to establish. A gym and its owner were recently sued after a trainer was found filming a woman changing in the gym.
  • Embezzlement (stealing clients): A trainer pockets money directly from personal clients in your gym. He may also train clients from your gym in another facility in violation of a non-compete or non-solicitation clause. Another example is the trainer working with non-members within your facility without proper payment to your gym.
  • Unstable client retention rate: Your trainer can only keep a personal training client for the duration of their agreement, or is unable to train special populations (like youth, masters, or those with previous injuries) properly. Their retention rate is abysmally low. You lose more members than you gain with them in your gym.
  • Inability to pay rent or training space fees: If you have a trainer or a coach in your facility renting space from you, then you likely rely on that money each month to pay your overhead. When they fail to make payments, you are put at a financial risk.
Preventing Risk

Don't fret. Fortunately, many of these risks are avoidable so long as you have proper safeguards such as the ones listed below in place.
  • Exhaustive hiring process: The easiest way to prevent trainer risks is to ensure you hire a professional and competent trainer in the first place. Make sure your trainer has up-to-date certifications and credentials (ask for proof), and experience training the populations in your gym, and that you have watched them train another person. Regardless of whether you hire a staff employee or independent contractor, make sure he receives a new hire packet which includes a gym policy handbook.
  • Standard Operating Procedures (SOPs): To help separate yourself from any trainer's unethical behavior, have uniform systems and protocols in place explaining what is and isn't acceptable. If a member utilizes a trainer's services at your gym, then have them receive a new client package directly from the facility. It should include a welcome letter detailing payment procedures (pay the gym directly or auto-draft) and cancellation procedures (in writing with X amount of days notice to the gym itself), a medical questionnaire, a liability waiver, and a copy of the signed trainer-client agreement.
Trainers should also sign an internal Code of Conduct that details the gym's policy in certain situations. Examples include trainer-client or trainer-staff relations (dating policies) and touching of clients (use verbal cues as much as possible and if you must appropriately touch a client, then tell them you are about to and ask if it is okay before doing so). Creating uniform assessments for trainers to use during initial client assessments can help alleviate client injuries or improper programming.
 
Certain cities, like this one in British Columbia, actually require risk assessment checklists for their trainers for a variety of situations like natural disasters, slip and falls, and exercise injuries. Organizations like the American College of Sports Medicine have checklists and sample standard operating procedures (SOPs) as well. Having an SOP for emergency situations, or common situations that can occur in your profession, can protect your gym from certain liability issues even if you have a rogue trainer who fails to follow it.
  • Communication: Before you roll your eyes and complain you don't have time for such trivialities, remember this: it's 2017. You are living in the age of the internet, cell phones, and Skype. Communication is easier than it has ever been. Figure out what type of communication works best for your trainer's personality: in-person, phone, text, or email. Use whatever form they prefer to ensure open dialogue.
  • Meetings: Perhaps "check-ins" is a more apropos word. In order for meetings to be effective, they must be consistent. Daily, weekly, or monthly meetings should be scheduled for each trainer. This will allow you to reiterate gym policies. It also lets the trainer voice any concerns they may be having with a particular client or in their training. Keeping trainers engaged in open dialogue can help prevent shady behavior, increase client retention, and promote a team atmosphere.
  • Insurance: Your gym should have a copious amount of liability, property, and general insurance. It would be in your gym's best interest to require any trainer or coach to have their own liability insurance as well. Aside from helping offset costs associated with any lawsuit, it will also show your staff and clients you are professional and require your staff to be professional as well.
Containing Risk

You could have all the preventative safeguards in the world in place, but accidents or intentional violations could still occur. If they do, and you have the above procedures in place, then you can alleviate some of the headaches that come with those risks. If an incident hasn't escalated to a lawsuit or a client leaving the facility, then you can talk with the parties involved to calm tension and present a solution. If that fails, then your insurance, trainer-client or trainer-gym agreements, and SOPs should lessen the blow from any lawsuit that comes your way. No matter what happens, make sure you act quickly and competently to ensure your gym's reputation isn't permanently tarnished. 


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