Professional Documents
Culture Documents
Introduction
The human body responds to the stress of physical movement with
improved fitness and health.
2008 Physical Activity Guidelines for Americans (U.S. Department of
Health & Human Services)
Regular physical activity reduces the risk of many adverse health outcomes.
For most health outcomes, additional benefits occur as the amount of physical activity
increases.
Most health benefits occur with at least 150 minutes a week of moderate-intensity
physical activity, such as brisk walking.
Both aerobic and muscle-strengthening activity are beneficial.
Health benefits occur across all population groups.
The health benefits of physical activity occur for people with disabilities.
The benefits of physical activity far outweigh the possibility of adverse outcomes.
Personal Trainer
Healthcare professional who works to make
safe and effective exercise programs for
apparently healthy clients.
Personal Trainer
Responsible for designing a comprehensive
exercise program to meet an individuals needs
and goals while also considering a persons health
history
Become an incredibly fast growing and expansive
field
Work with all types of individuals
primary organizations
Diagnose
Receive exercise, health, or nutrition guidelines from a physician, physical therapist, registered dietician, etc.
Follow national consensus guidelines for exercise programs for medical disorders
Screen for exercise limitations
Identify potential risk factors through screening
Refer clients to an appropriate allied health professional or medical practitioner
Prescribe
Provide general information on healthy eating, according to the MyPyramid Food Guidance System
Refer clients to a dietician or nutritionist for a specific diet plan
Refer clients to an appropriate allied health professional or medical practitioner for treatment
Use exercise to help improve overall health
Help clients follow physician or therapist advice
Document progress
Report progress to an appropriate allied health professional or medical practitioner
Follow physician, therapist, or dietician recommendations
Rehabilitate
Design an exercise program once a client has been released from rehabilitation
Counsel
Coach
Provide general information
Refer patients to a qualified counselor or therapist
Client Privacy
Clients will share confidential information with
the personal trainer.
To help prevent violations of client privacy,
ACE-certified Professionals should adhere to
the Health Insurance Portability and
Accountability Act (HIPAA).
Following HIPAA regulations can help maintain the
confidentiality of each clients protected health
information.
Referral
Personal trainers must refer clients who
require services outside their scope of
practice.
Proper referral ensures that clients are
provided with appropriate care from qualified
providers.
Referrals can also come to the personal trainer
from other health professionals.
Safety
All fitness professionals should do what they can to minimize risk for
everyone in the fitness facility, including:
Even with the best risk-management program, injuries and incidents can
still occur.
As such, ACE recommends that all ACE-certified Professionals carry professional liability
insurance.
Supplements
Supplements are not regulated by the U.S. Food
and Drug Administration (FDA).
It is not illegal for fitness facilities to sell
commercial nutritional supplements.
However, it is irresponsible for them to provide
supplement recommendations without the
appropriate staff to give such advice.
Ramifications of Offering
Inappropriate Services
Negligence
Vicarious liability (also known as respondeat superior) means that employers are
responsible for the employment actions of their employees.
If an employee is negligent while working within the normal scope of employment,
it is likely that the injured party will sue not only the employee, but also the
employer or employers.
The use of waivers is critical in personal training, as a properly worded exculpatory
clause bars the injured from potential recovery.
There are some potential issues that every personal trainer must investigate with
an attorney prior to crafting a waiver.
State-specific validity
Types of activities and potential risks of injury that would be barred from recovery
Waivers typically do not protect the personal trainer from injuries directly caused
by gross negligence.
Agreement to Participate
Personal trainers should have a process to formally warn their
clients about the potential dangers of exercise.
An agreement to participate serves to demonstrate that:
The client was made aware of the normal outcomes of certain types of
physical activity
The client willingly assumed the risks of participation
Informed
Consent
An informed consent form can be utilized to demonstrate that a
client acknowledges that he or she has been specifically informed
about the risks associated with the activity in which he or she is
about to engage.
Client gives consent to participate in an exercise program and/or have
something done to him or her by the personal trainer (e.g., fitness
assessments), and therefore can differ slightly from an agreement to participate
Primarily intended to communicate the potential benefits and dangers of the
program or exercise testing procedures to the client
Should detail the possible discomforts involved and potential alternatives
Procedures
Legal Responsibilities
The personal trainer should prepare for each
training session with safety as the first priority.
This provides a better experience for the client
and increases the likelihood that the client will
continue to utilize the trainers services.
Facilities
Personal trainers have an obligation to ensure that the facilities used are
free from unreasonable hazards.
At the very least, the physical environment should be inspected each day
prior to beginning any training session.
The inspection should consider the following issues:
Trainers should ensure that floor surfaces will cushion the feet, knees, and legs from
excessive stress.
There should be sufficient free space available to protect the client from other patrons
and from hurting him- or herself on equipment.
Functional lighting must be sufficient for chosen exercises.
There must be functional heating and air conditioning systems.
Proximity to drinking fountains and bathrooms is important for some clients.
Once a legal outdoor area has been selected for a training session, the
trainer should understand the potential dangers of the area.
Weather
Potential acts of God
ensure
a significant risk for
Equipment
All equipment should meet the highest safety and design standards and
should be purchased from a reputable manufacturer.
Equipment must be regularly inspected and properly maintained.
Protocol for broken equipment
Once something is deemed unsafe, the personal trainer should immediately remove the
equipment from the training area.
If quick removal is not feasible, the equipment should be disabled to prevent further use
until repaired.
Do not use signs easily fall off and unsuspecting patrons may be injured when trying to
use the broken equipment.
Supervision
General supervision
Overseeing a group of people, such as when a group fitness instructor
leads a large class
Specific supervision
Occurs when an individual is supervised while performing a specific
activity, such as what typically occurs during a personal-training
session
A trainer should never leave a client when there is a potential for injury.
Trainers who work with two or more clients should design the workouts to
alternate between activities requiring general and specific supervision.
Trainers should eliminate any time that a client is not in their direct view.
Before beginning any session, the trainer must adequately plan for any
emergencies that may arise.
Personal trainers should also be aware of the actions of their employees.
Instruction
Personal trainers should utilize instructional techniques
that are consistent with current professional practices.
Proper instruction also means individualizing workout
routines for each client.
Personal trainers should insist on proper use of
equipment and performance of activities at all times.
Trainers should avoid touching clients unless it is
essential for proper instruction.
Clients should be informed about the purpose of potential
touching before it occurs.
If a client objects, an alternative exercise should be
utilized.
Safety Guidelines
Liability Insurance
Even after taking precautions, personal trainers should obtain professional
liability insurance.
ACE recommends retaining at least $1 million in coverage, as medical
expenses can easily cost hundreds of thousands of dollars.
The American Council on Exercise has established relationships with
reputable insurance carriers who specialize in the fitness industry.
Visit www.acefitness.org/pdfs/personal-trainer-insurance.pdf for more
information.
Owners who will use their own homes or clients homes should ensure
that a specific insurance rider will cover those activities.
Specific language should provide liability protection for trainers who utilize
outdoor settings for their training activities.
For trainers who own their own fitness clubs, insurance should be retained
that covers potential problems with the facility as well as the instruction
and supervision of the trainer.
Marketing Activities
Unfortunately, it has become common for some
fitness centers to utilize improper marketing
tactics to attract and retain clients.
Personal trainers should understand the
marketing and operating activities that their
fitness centers may utilize.
If a fitness center is behaving unethically or
illegally, the personal trainer may be associated
with those practices.
Trainers should only associate with fitness facilities
that maintain high legal and ethical standards.
Intellectual Property
Music recordings and television programming
sold commercially are intended strictly for the
private, noncommercial use of the purchaser.
In many cases, copyright violations occur when a
fitness center utilizes music or television broadcasts.
Transportation
In most cases, personal trainers will meet their
clients at a fitness center or some other location.
There may be a situation where the personal
trainer provides transportation for the client to or
from a training session.
Trainers should be aware that many standard
automobile insurance policies may not cover injuries
sustained by clients riding in the trainers vehicle.
Financing
As personal trainers create and expand their
businesses, they may need to seek financing for certain
activities.
Banks and other lenders usually will only loan money if
it is personally guaranteed by an individual.
Unfortunately, many companies have advertised
business loans that are in fact personal loans.
Personal trainers who thought that only their businesses
were liable for the financial obligation later learned that
the lender was able to pursue the trainer for unpaid debts.
Trainers should read and understand the fine print of
any loan prior to signing.
Summary
In providing quality personalized fitness instruction, legal and
business concerns are of paramount importance.
Ultimately, it is the personal trainers responsibility to
thoroughly understand the legal guidelines that must be
followed to create a safe and enjoyable environment for
clients.