PT BUSINESS
Personal Trainer Insurance – Are You Protected?
However, having insurance as a personal trainer is very important. This is true whether you own or rent your own gym, or contract to a larger gym chain. The right level of cover will safeguard your livelihood and save you from potentially crippling costs if there’s a claim made against you.
Here are the scenarios personal trainers ask us about most often. The answers explain public liability cover and professional indemnity insurance; and could help you decide on the level of cover you need.
Personal trainer working out of a brand name gym (contractors)
Even though you work out of a gym, as a sole trader or contractor to that gym, it’s likely you’ll need your own insurance. Don’t assume the gym’s insurance will cover you, as it probably won’t.
What should you cover yourself for?
The primary concerns for you are public liability insurance and professional indemnity insurance. Public liability insurance protects you if someone else gets hurt or their property is damaged, and you are at fault. This can happen, for example, if a person who is not your client trips over your equipment. It also covers you if you accidentally damage their property, even if it happens on gym premises.
Professional indemnity covers you if – because of your instructions – a client injures themselves and you are found to be at fault. For example, giving them an exercise that aggravates an injury you knew they had, or failing to protect them with the right instructions for an exercise which they do poorly and injure themselves. It’s unlikely the gym’s own insurance will cover you in these circumstances.
Check your gym’s insurance cover
However, if you’re working out of a gym, it does pay to check the situation with insurance. If you’re told you ARE covered under the gym’s policy, check this for yourself, ask to see proof of coverage. This way, you can avoid unpleasant surprises if a client makes a claim. The gym might find out later that their policy does not cover you because you are not an employee, and you don’t want to be stuck with the costs.
One other thing; as a contractor to the gym, check if you are eligible for workers’ compensation under the gym’s own policy if you are injured or have an accident. This could help if you can’t earn an income, because of being incapacitated by an accident at work.
Personal trainer working from a studio at home
The main cover you should consider is the same as above. You’ll need public liability and personal indemnity to protect yourself in the event of a claim. For your convenience, we package this cover together.
You might also want to think about personal accident insurance. This can pay you a weekly or fortnightly amount if you yourself get injured, and that injury prevents you earning an income. Money worries when you are trying to recover is an added stress you don’t need.
If you work from a studio at home, think about getting commercial property insurance too. Your personal trainer tools of trade are unlikely to be covered under your general home insurance.
What could happen if my client injures themselves and I don’t have insurance?
Whether you work from your own studio, or out of a gym, you’ll want to avoid this situation, as it exposes you to liability if their injury or loss results from something you did, or didn’t do. You might have to pay their medical and legal costs. You could also be responsible for their loss of income or loss of future earning capacity. A large successful claim against you could cripple your business and cause you significant financial stress.
Risk assessment and working outdoors
Say you’re taking group classes outdoors at a local park; there are some considerations and potential liability for you. If you bring in your own equipment for clients to use, you’ll bear the same risks as if clients were using your equipment in a gym.
If you’re using a council park (which is likely) the council may require you to have public liability insurance before you run your class. If you damage any public property, you could be liable for the costs of repair. You’ll also need to do a careful risk assessment of the area where you are training. This will help to ensure it’s safe from environmental hazards, because if a client breaks their ankle in a rabbit hole, and sues you, you could be held responsible and liable.
Insuring against client expectations
A question we often get is, ‘do I need to insure against a client who doesn’t get the results they expect’? That can be a complex question. However, If you train a client in-person, and have ‘guaranteed’ their results, you could be liable if the client doesn’t achieve those results. There is not a strong history of claims such as this being successful. However, it is possible, so it’s wise to avoid guaranteeing results to a client.
Online personal training
With remote or online training it is impossible to check whether a client is following your training program correctly – you can’t see if your client is doing the right exercises in the right way.
So, can you be liable if they injure themselves? Possibly, yes, as you are providing instruction. However, you can take steps to mitigate liability, as well as insuring yourself against it.
If you provide an online training program, ensure the instructions are clear and easy to follow. Also have the client sign an assumption of risk when they enrol in your program. It’s also smart to add a disclaimer. The disclaimer should say that if they injure themselves, they acknowledge you as their trainer are not liable.
Teaching at multiple gyms – taking your personal trainer insurance cover with you
We’re sometimes asked if personal trainer insurance is portable. If you teach at multiple gyms around the same city, or country, yes, your cover can travel with you.
Normally your policy will have some geographical limits. For example, it may cover Australia and New Zealand, or Australia and worldwide (excluding the USA and Canada).
When arranging cover, be sure to declare all your personal training activity. Include your entire turnover from all personal training teaching contracts. If you’re heading overseas for a teaching contract, it is likely you can extend your policy if you need to. Usually this will come with a slightly increased excess or premium.
What should you look for in a broker?
Look for a broker that understands your business and the wider personal training and fitness industry. They should know the activities and the risks associated with it. A Marsh expert can help you. They will explain the likely costs for your coverage. They will also discuss the requirements that affect it, including your PT certification and any past claims history. Call us and we’ll talk through getting the right protection in place for you.
This publication is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Marsh shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein.
Marsh Advantage Insurance Pty Ltd
Marsh Advantage Insurance Pty Ltd (ABN 31 081 358 303, AFSL 238369) (“Marsh”) arranges the general insurance and is not the insurer. This page contains general information and does not take into account your individual objectives, financial situation or needs. For full details of the terms, conditions and limitations of the covers, refer to the specific policy wordings and/or Product Disclosure Statements available from Marsh on request. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or re-insurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. 1300 130 373 or Personal trainer insurance | Marsh Australia
