The Personal Trainer's Legal Bible: Legalities for Fitness Professionals

by Gary W. Pitts

Overview

PERSONAL TRAINERS are not just fitness professionals; they could be the saviours of the global health-care system"life changers. As pioneers in this budding field in the health and wellness industry, trainers face misinformation and myths about the fitness industry. Whats more, due to negative portrayal in the media, the common perception of personal trainers is less than stellar.

This situation, coupled with the relative lack of regulation, means that there are many legal issues that you must be aware of in order to stay safe in your day-today practice. As is the case for any practitioner of a health-related profession, you must be aware of the legal ramifications of your decisions and advice. But the legal education provided to personal trainers is virtually nonexistent.

In this guidebook, author Gary Pitts, a master strength coach and Canadas premier fitness lawyer, provides the knowledge you need for your practice. Following the principles of MISS (make it simple, stupid), Gary has compiled information on the entire spectrum of fitness-specific legal issues, most of which are largely unknown or misunderstood by even the most seasoned veterans in the personal training industry. If youre serious about your personal training career, explores these important issues and start building your protective legal strategies now.

Product Details

ISBN-13:	9781491717585
Publisher:	iUniverse, Incorporated
Publication date:	01/07/2014
Sold by:	Barnes & Noble
Format:	eBook
File size:	540 KB

Read an Excerpt

The Personal Trainer's LEGAL BIBLE

Legalities for Fitness Professionals

---

By GARY W. PITTS

iUniverse LLC

Copyright © 2014 Gary W. Pitts
All rights reserved.
ISBN: 978-1-4917-1757-8

---

CHAPTER 1

THE PERSONAL TRAINING PROFESSION

"Come back with your shield or on it"

(Plutarch.Nor.241)

A. Origin Of The Profession

The first Olympic game was recorded in ancient Greece in 776 B.C., about three thousand years ago. Three hundred years later, in 480 B.C., at the battle of Thermopylae, King Leonidas and his 300 Spartan soldiers fought a massive Persian army, estimated at between 100,000 and 300,000 soldiers. The Spartans were annihilated after three days of ferocious battle in one of history's most glorified last stands. In 2006, the epic movie, 300, depicted this famous battle. This Hollywood film glamorized the lean, powerful, bodies of the Spartan soldiers, sweat dripping from their chiseled, 6-pack abs and their sculpted, muscular physiques. The Spartans were portrayed as almost god-like; with virtual super-human strength and physical endurance. History teaches us that Spartan children were born and raised as professional soldiers. They learned war from the time they were weaned from their mother's breast. They were taught to defend the Spartan state; to fight to the death and to never surrender. A typical Spartan mother often was heard to say to her son as he went off to war ... "son, come back with your shield or on it."

Three hundred years later, in 146 B.C., the mighty Romans conquered and replaced the Greek empire. The Roman Empire was built on the backs of the professional Roman fighting soldiers. Roman soldiers were feared by their enemies and idolized by Roman citizens. Roman soldiers were famous throughout the known world for their superior strength, conditioning and disciplined ferocity in battle. Most days, Roman soldiers marched many miles laden with heavy packsacks, shields, spears and other weaponry. Often after long forced marches, Roman soldiers were compelled to battle enemy soldiers who had the advantage of being well-rested and fighting on their home turf.

Roman history is replete with epic battles. Roman armies developed a strong reputation for winning a high percentage of land battles, while often heavily outnumbered by their enemies. At some point in history, a custom was started by Roman generals. This custom was the origin of our English word for "decimate." Occasionally, after a Roman army lost a battle, it was commonplace for Roman soldiers to be "decimated." In practice, this meant that one in ten Roman soldiers was randomly put to the sword, as an exemplary punishment. Romans soldiers quickly realized that if they did not lose their life during a winning battle, they might be unlucky to lose their life after a losing battle. Much of our knowledge of Roman history and Roman war is recounted directly by Julius Caesar. (**N.B. The general historical background information in the present book has been extrapolated from the author's memory and several years of Latin studies at the secondary and university level. This also explains the author's love for the Latin language).

It takes a great deal of courage to fight to the death in hand—to—hand battle. It takes even more courage to face the prospect of death, at the hands of your own leaders.

Fast forward to the 20th Century; American and Canadian professional soldiers gave their lives for North Americans and the World. They won two World wars to preserve our liberty and democratic freedoms. We need to be truly appreciative for their sacrifices.

In the 21st century, the professional soldier is still the defender of our democratic freedoms and liberties that we enjoy. Mostly unknown, and vastly under-appreciated by most citizens, these Professional soldiers are an elite, nameless, faceless, highly-trained handful of soldiers who spend their lives improving their bodies. They spend their every-day life rehabbing from all kinds of injuries sustained in "their" battles. They hone their strength and conditioning so that they are better able to protect us against the tyranny of the modern-day terrorists. We should be thankful and grateful and support our soldiers and veterans.

We can easily see that the origins of the profession of personal training may well be rooted in the ancient military profession, started three thousand years ago by the ancient Greek and Roman civilizations. This tradition continues today in our modern day North American society.

The History of Fitness

Dr. Len Kravitz, and Mr. Lance C. Dalleck M.S., has co-authored an excellent article called "The History of Fitness" penned at www.unm.edu. Dr. Kravitz, an award-winning Professor and author traces the history of fitness from primitive man (pre-10,000 B.C), up to and including modern day. The history of fitness is covered extensively in this excellent article.

It is well known that early leaders in the United States such as Benjamin Franklin, and President Thomas Jefferson were adamant about the need for exercise and fitness. The latter was almost obsessed with exercise: "Not less than two hours a day should be devoted to exercise; and the weather shall be little regarded. If the body is feeble, the mind will not be strong". President Theodore Roosevelt; (perhaps the most physically fit President to occupy the oval office had an infatuation for fitness similar to the ideology of ancient Greece.

In the 1960's President John F. Kennedy was widely known as a major proponent of fitness and its health-related benefits to the American people. In the 1950's and 1960's Jack Lalanne, (a guiding pioneer of fitness), Jane Fonda and Richard Simmons became fitness celebrities on their T.V. programs. In our modern time, Dr. Ken H. Cooper is widely recognized as "The Father of the Modern Fitness Movement;" who is generally credited with encouraging more individuals to exercise than any other individual in history. He founded the world famous Cooper Institute, one of the major certification organizations in the American fitness industry.

There can be little doubt that The First Lady, Ms. Michelle Obama, could very well be dubbed the modern-day "First Lady of Fitness". It appears that she was recently ranked number one in the top 100 most influential People in the Health & Fitness Industry She is very well-known for her efforts to promote health can fitness in America.

As personal trainers, YOU are members of a new, noble Profession. It is an un-regulated and un-licensed Profession. You may even envisage yourself as the modern day equivalent of the warrior-like Spartan and Roman soldiers; (without the killing of course!)

Your battles are waged against obesity, inactivity, and mal-nutrition which cause a litany of diseases.

The Personal Training Profession may have commenced in a concrete sense, with the birth of the American College of Sports Medicine (ACSM) founded in 1954, to promote fitness, health and to certify fitness professionals. It appears that this organization likely produced some of the first "certified" personal trainers in North America. (source www.acsm. org.)

Two decades later, The National Strength and Conditioning Association, (NSCA), a non-profit educational body was established in 1978 to provide information about strength and conditioning to the general public and to its members. According to its website, (nsca.org) the (NSCA) has evolved from a membership of 76 members in 1978 to a membership today of more than 30,000 members in fifty different countries. Today, it is one of the largest certification organizations in North America. (source: www. nsca-lift.org.)

In the 1970's people became more interested in their body images as the bodybuilding era began in earnest. Recreational exercisers started to flock to the commercial gyms in greater numbers. There began a proliferation in the number of commercial gyms, both in the United States, in Canada and globally. Serious athletes, such as Olympic lifters, power-lifters and bodybuilders were now joined in the gyms by consumers who emulated the local body—builders and developed an interest in personal training. This powerful new consumer demand fostered a growing need for people with an expertise in anatomy, kinesiology, physiology, nutrition, and the paramount ability to assess clients to design appropriate fitness programs.

THE PROFESSION OF THE PERSONAL TRAINER WAS BORN.

At that time, however, few Fitness Professionals existed with the necessary expertise and knowledge to train clients. Even fewer people were competent and/or qualified to provide appropriate education to an increasing number of aspiring new personal trainers entering the marketplace.

B. Personal trainers as primary healthcare providers

PERSONAL TRAINERS ARE PRIMARY HEALTHCARE PROFESSIONALS. This of course is "de facto" or in fact. This is not "de jure" or in LAW ... YET! We are in a very unique, privileged position in our modern-day society. We have the knowledge and expertise necessary to solve the huge problems engendered by rising Healthcare costs.

"In order to achieve the best results in preventing chronic diseases, the strategies and policies that are applied must fully recognize the essential role of diet, nutrition and physical activity" (World Health Organization—May 2002).

Which healthcare professional is most qualified to provide lifestyle advice? Proper nutritional habits and regular exercise may both provide some benefit on their own, but they are most powerful when combined.

It has been said 'the fact of the matter is nutrition and training are like two wheels of a bicycle; you cannot ultimately be successful if only one wheel is spinning." (Dr. Chris Mohr—www.MohrResults.com)

WE NEED TO REDEFINE OUR DEFINITION OF HEALTH CARE PROVIDER!

Obviously, all personal trainers and certifications are quite different. We have everything from the big box certifications to CrossFit. There are many organizations which churn out highly qualified personal trainers/ fitness instructors. These trainers are not only the most knowledgeable health care practitioners as they relate to EXERCISE, but they are fast becoming the go to PROFESSIONALS on topics involving diet and NUTRITION AS WELL!

There is only ONE group of fitness professionals who possess these TWO areas of COMBINED EXPERTISE! PERSONAL TRAINERS—YOU ARE THE ONLY PROFESSIONALS who deliver EXPERT EXERCISE ADVICE AND who are also well versed in the BASICS OF NUTRITION.

PERSONAL TRAINERS—YOU ARE PRIMARY HEALTH CARE PROFESSIONALS! (albeit unregulated and unlicensed). YOU can be found just around the corner at the local gym or health club.

Physicians and dieticians see their clients from behind a desk. They give advice but do not see their clients regularly to be able to follow up and make hands-on lifestyle and dietary changes. Personal trainers, on the other hand, meet with clients at least two or three times per week.

YOU are in a unique position to motivate, educate, encourage and facilitate HEALTHY LIFESTYLE CHANGES on a continual basis. Professional personal trainers are extremely dedicated. RESEARCH has shown that personal trainers can increase exercise adherence. It has been proven that personal trainers are able to master social modelling social persuasion, physiological and emotional states—without a university degree in clinical psychology! (YOU ARE RECOMMENDED TO DO THE RESEARCH YOURSELVES).

YOU are extremely dedicated and passionate about helping people get strong and healthy. YOU only work in days of the week ending in "Y." That is why—

YOU ARE THE NEW PRIMARY HEALTH CARE PROVIDERS!

YOU HAVE A UNIQUE SPECIAL ROLE TO PLAY IN THE GLOBAL HEALTH CARE SYSTEM!

YOU ARE NOT JUST PERSONAL TRAINERS—YOU ARE LIFE-CHANGERS!

C. State Of The Fitness Industry

Most fitness professionals know that there has been more change in the Fitness Industry in the last THREE years than in the previous THIRTY years!

At present, there is no American or Canadian legislation which specifically licenses, regulates or governs personal trainers. There also is no law which regulates or governs the Profession of Personal Training itself. This has phenomenal LEGAL implications for all personal trainers. It also has important ramifications for the entire Fitness Industry. North Americans have been slow to recognize that the fitness industry is a major pillar of our healthcare system.

Another consequence is there are no legal, (local or national) Qualification standards which provide minimum education and/or competency requirements for a personal trainer to gain entry into the Profession of Personal Training. Anyone can call themselves a personal trainer. A person can print a business card on a computer and instantly become a personal trainer.

A gigantic legal effect is that there are no legal standards or other legal rules which delineate or define the legal scope of practice of the Professional Personal trainer. Lack of standardization of rules at the national level has caused confusion and concern among all industry stakeholders. The proliferation of certification/agency organizations has slowed down but accreditation of certification organizations is now the latest industry trend. The number of the latter bodies is steadily increasing. This phenomenon has also blossomed due to the lack of legislation governing the personal training/fitness industries. In many jurisdictions consumer protection and isolated laws govern the health club or gym industry.

As personal trainers, you certainly know that there is no legal definition of a "personal trainer". It is futile to attempt a legal definition. There is a BOATLOAD of different kinds of personal trainers! Becoming successful in the fitness industry—especially as an entrepreneur is not based on paper credentials. The fitness field does have some quacks and celebrity quacks. The public is faced with an astonishing array of choices between great fitness professionals and a few charlatans who sometimes deceive the public.

As personal trainers, YOU must recognize and YOU must understand the undefined legal boundaries of your Profession. On the one hand, there are MANY kinds of "HEALTH CARE SERVICES" THAT YOU ARE LEGALLY ENTITLED TO RENDER AND/OR PERFORM.

CONVERSELY, there are VERY FEW LEGAL RESTRICTIONS limiting your LEGAL SCOPE OF PRACTICE (See: chapter Twelve Legal Scope of Practice, infra). There are only a few areas which are restricted activities which are legally reserved for other kinds of regulated, licensed healthcare professionals. You obviously have no desire to step on the legal toes of other licensed healthcare professionals with whom YOU NEED TO COLLABORATE! Actually, LEGALLY, it cuts both ways. Other healthcare professionals need to recognize and respect YOUR LEGAL BOUNDARIES TOO! Moreover, your legal scope of practice is FAR GREATER THAN YOU MIGHT IMAGINE! Many American Appellate Court judges have recently recognized your EXPANSIVE LEGAL SCOPE OF PRACTICE!

FITNESS has now been JUDICIALLY RECOGNIZED AS A SPORT!! ; (See: chapter two, infra).

HOW COOL IS THAT?

THIS PHENOMENAL DEVELOPMENT HAS HUGE LEGAL IMPLICATIONS!

As skilled, professional personal trainers you must now learn how to skillfully and safely navigate your fitness boats in vast new unchartered legal waters! You need to analyze, understand and respect the unwritten legal obligations (duties) of your unregulated unlicensed profession. This book was created to assist you in this connection. When YOU have read this book YOU will have an excellent understanding of your legal (mostly not codified) LEGAL duties towards your clients. YOU will also gain an understanding of how the judicial system and the Courts view personal trainers, personal training and the fitness industry.

D. Licensure

Several years ago, several American states (California, New Jersey, Maryland, Georgia and Washington D.C.) attempted to introduce legislation to regulate personal trainers. Fortunately, it appears that the Fitness Industry was able to successfully thwart the implementation of all such proposed legislation; (source: ihrsa.org.)

(Continues...)

---

Excerpted from The Personal Trainer's LEGAL BIBLE by GARY W. PITTS. Copyright © 2014 Gary W. Pitts. Excerpted by permission of iUniverse LLC.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.

---

Table of Contents

Contents

Author's Note, xi,
Disclaimer, xiii,
Dedication, xv,
Acknowledgements, xvii,
Preface, xix,
Introduction, xxiii,
Chapter One THE PERSONAL TRAINING PROFESSION, 1,
Chapter Two THE SPORT OF FITNESS, 51,
Chapter Three PROFESSIONAL ADVISORS, 72,
Chapter Four RISK MANAGEMENT 101 FOR PERSONAL TRAINERS, 79,
Chapter Five HEALTH CARE SCREENING, 83,
Chapter Six NEGLIGENCE 101 FOR PERSONAL TRAINERS, 126,
Chapter Seven THE TIMOROUS MAY STAY AT HOME, 146,
Chapter Eight THE TIMOROUS MAY STAY AT HOME ... SOMETIMES, 230,
Chapter Nine NEGLIGENCE LAW IN LA BELLE PROVINCE, 285,
Chapter Ten A LEGAL SNAPSHOT OF FITNESS LAW "DOWN UNDER", 312,
Chapter Eleven DEATH WAIVERS & OTHER 'PROTECTIVE' DOCUMENTS, 339,
Chapter Twelve PERSONAL TRAINERS' LEGAL SCOPE OF PRACTICE, 407,
Chapter Thirteen COACHING NUTRITION, 445,
Chapter Fourteen FITNESS INSURANCE, 476,
Chapter Fifteen THINK WITH YOUR HEART (CPR, AED, & ECC), 482,
Chapter Sixteen 25 FITNESS BULLETS FOR PERSONAL TRAINERS, 506,
Chapter Seventeen THE PATH TO SUCCESS, 522,
Appendix A CANADIAN CERTIFICATION PROGRAMS/BODIES (Listed Alphabetically), 529,
Appendix B TOP 20 RECOMMENDED RESOURCES AND WEBSITES, 531,
Appendix C ENDNOTES, 533,