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Creating Product - Workout Program - Keep From Getting Sued

by TheNewJames
10 replies
Howdy WF,

I'm creating a product that is part of the fitness niche. I am a certified personal trainer and I'm putting together a workout program that I plan to sell.

Now, how do I keep from getting sued when someone drops a weight on their throat and dies? (I hope this does not happen, but you never know)

Is it just a simple disclaimer in the beginning like:
The exercises and advice contained within this book may be too strenuous or dangerous for some people, and the reader(s) should consult a physician before engaging in them.

The author and publisher of this book are not responsible in any manner whatsoever for any injury which may occur through reading and following the instructions within.
Or do I need some lawyer to take a look at it?

Appreciate your input!
#creating #product #program #sued #workout
  • Profile picture of the author hershkoy
    I am not an expert, but consult with a lawyer friend, and see what other people in the niche are doing.
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    • Profile picture of the author Matida
      I would definitely consult a lawyer for this.
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  • Profile picture of the author seasoned
    Originally Posted by SickNickel View Post

    Howdy WF,

    I'm creating a product that is part of the fitness niche. I am a certified personal trainer and I'm putting together a workout program that I plan to sell.

    Now, how do I keep from getting sued when someone drops a weight on their throat and dies? (I hope this does not happen, but you never know)

    Is it just a simple disclaimer in the beginning like:


    Or do I need some lawyer to take a look at it?

    Appreciate your input!
    Well, don't suggest STUPID things, for starters! I HAVE seen people say something like "Use 90% of your 1 rep max, and do a bench press with a barbell to failure." You COULD always suggest dumb bells. Safer!

    Steve
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    • Profile picture of the author Joseph Robinson
      Banned
      Originally Posted by seasoned View Post

      "Use 90% of your 1 rep max, and do a bench press with a barbell to failure."
      That advice isn't stupid, it's how you perform weight lifting. Now, suggesting that exercise without a competent spotter and without preaching proper technique first? That would be stupid.
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  • Profile picture of the author shane_k
    Well as a personal trainer you have to have people sign a disclaimer/waiver before they join the gym you work at or the personal training studio you work at don't you?

    That's what we do.

    No one, and I mean absolutely no one is allowed to exercise in our gym, or with a personal trainer without signing that disclaimer/waiver form.

    So one thing that you can do is to talk to the gym where you work if you work at one and use theirs, until you can talk to a lawyer and have them write you up one.

    What you can actually do is if you are working in a gym right now, is to find out if you can talk to the specific lawyer who wrote up that disclaimer/waiver for your gym.
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  • Profile picture of the author Mark Singletary
    You probably can't avoid being sued because anyone can sue for just about anything at just about anytime, but you can look into personal/business liability insurance that covers things like this.

    Of course since I'm not an insurance agent or a lawyer, you'll need to find your own to get the correct advice for your particular situation.

    mark
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  • Profile picture of the author apkkadam
    When you offer a product there is always a risk of some one suing you for something. It is best to consult a lawyer and take any risk cover needed.
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  • Profile picture of the author Rob Whisonant
    Well you are talking my niche. I am also a certified personal trainer. What you need to do is contact the insurance company you have your personal trainer liability insurance through. They can give you their requirements to cover your ass and refer you to one of their lawyers to make sure you have crossed all your t's and dotted all your i's.

    If you don't have personal trainer liability insurance, you should. Just contact the association, group, body you where certified through and they can provide you with a company to get your liability insurance with.

    Re's
    Rob Whisonant
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  • Profile picture of the author GobBluthJD
    I'm a lawyer, and I would suggest getting a lawyer!

    Disclaimers and warranties aren't too time-consuming; PM me for more info, if you're looking for help.
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