by Ken Reinig
Let’s face it — some personal trainers are the craziest, freakiest, most self-centered individuals you’ll ever meet. They often have their “signature” training method and will modify the gym’s equipment to demonstrate just how cool they really are. That’s the kind of liability you want to avoid. There are a few more reasons you want to stay away from using independent contractors in your club.
Lack of Control
You must keep the keep the independent contractor relationship free of the kind of requirements that would make them staff. For instance, an independent contractor cannot be told how to dress, how to train, how to set their hours. The club owner also cannot require exclusivity. Any cross over into an employee relationship may set the stage for the trainer to bring an employment suit against you.
Workers’ Compensation
Except in very rare cases, most personal trainers do not carry their own workers’ comp insurance. If an injury takes place at your club, you are going to have to pay the premiums for their workers’ compensation regardless of whether you call them an employee or not.
Loss of Revenue
Your independent contractor trainers are free to train people outside the club on their own and sell supplements out of the trunk of their car. This translates into lost revenue for the gym.
Competition
Independent contractors, by nature, are more entrepreneurial than employees. A great trainer will likely become a club owner themselves and possibly your next competitor. Even if you have a well written “non-disclosure” agreement, don’t be surprised if your best members end up following that trainer to their new facility.
Liability and Safety
This goes back to the issue of control. If you don’t have the right to direct the proper training methods that you know to be safe in your gym, you are increasing your liability exposure. Increased claim activity translates into drastic increases in your insurance costs. Enough said.
Many people are having success moving away from the “personal” training business and get into the “group” training business. There is only so much money that your trainer and YOU can make in a One On One environment. Small group personal training (SGPT) is here to stay so you might as well embrace it and learn from the best.
If you currently are not a member of the National Fitness Business Alliance (NFBA) I highly recommend that you sign up and also attend one of their seminars. It’s worth your time to learn how others are successfully transitioning from personal training to group training.
