Key Takeaways

  • A personal training contract ensures both the trainer and client have clear expectations on services, payments, and responsibilities.
  • Contracts should include payment terms, cancellation policies, liability waivers, and refund terms.
  • Different types of personal training agreements exist, including independent contracts with gyms and direct client agreements.
  • Legal protections should be included, such as indemnity clauses and liability releases.
  • A personal training contract should also define the scope of services, such as workout planning, nutritional guidance, and progress tracking.
  • Refund and termination policies help prevent disputes over cancellations or unused sessions.
  • Trainers should consider intellectual property clauses for workout plans and digital resources provided to clients.
  • If unsure about legal terms, consulting an attorney ensures compliance with local regulations.

Personal trainer contracts help protect both the trainer and their client. When you create a contract, both parties have a clear understanding of what's expected of them. This helps everyone avoid future misunderstandings. In this type of contract, the trainer would state all relevant terms and conditions, including payment terms, cancellation policies, the expiration dates, etc.

Personal Training Agreement Basics

Whether your goal is to get in shape or you aim to help others reach their fitness goals, when you enter into a personal training relationship, you should consider signing a clear agreement. A personal training agreement document is intended for those looking to hire a trainer, as well as for trainers seeking new clients.

By entering this agreement, the trainer will be compensated for their services and the client will achieve the results they desire. This contract can outline all associated expectations in regards to workout frequency, intensity, payment terms, and a termination clause.

As a trainer, you will want to meet your clients' expectations and needs, but you will also want to protect yourself. For example, have you considered the possibility of unpaid sessions or late cancellations? These are the types of situations you need to consider prior to entering an agreement.

Once you create a personal training agreement and sign it, this contract will essentially provide you with greater peace-of-mind. Within the document itself, outline your cancellation policy, your hourly rates, and any other conditions that will protect you in the future. In this sense, both the client and the trainer benefit from the accountability of a legal agreement.

Once locked into a contract, both parties must abide by their responsibilities. If a trainer breaches the contract, for instance, this could lead to a refund or in some cases, small claims court. Of course, the client will also be held accountable if they do not stick to the terms as stated in the contract.

Why a Personal Training Contract is Essential

A personal training contract is not just a formality—it is a critical tool for ensuring both parties understand their obligations and expectations. It protects the trainer from unpaid services and protects the client from unexpected charges or unsatisfactory results. Key benefits of having a contract include:

  • Clarifies expectations: Establishes how sessions will be conducted and what the client can expect.
  • Reduces liability: Ensures the trainer is not held accountable for unforeseen health issues or injuries.
  • Outlines payment structure: Defines how and when the client should pay.
  • Creates accountability: Encourages both trainer and client to remain committed to the training plan.

What Type of Contract/Agreement Does a Personal Trainer Need with a Gym?

If you are a trainer, you will need to set a fee to train. This will be a per-session fee and will vary from trainer to trainer. Other trainers prefer to set a higher flat-rate fee, offering unlimited training. Since this option tends to cause less friction in comparison to per-session fees, whenever possible, set a flat rate.

This will allow you to collect the money for your service, providing greater control over your time and pay. Another factor that clients often bring up is where they'll park. During peak times, what if your client is not a member of the gym? Will they be able to conveniently access your training services?

Also, always state how long an agreement is good for. For example, will it be valid for 6 months? A year?

Liability and Legal Protections for Personal Trainers

Personal trainers must include liability protection in their contracts to safeguard themselves against potential legal claims. Consider adding the following clauses:

  • Indemnity Clause: Specifies that the client assumes responsibility for injuries sustained during training.
  • Waiver of Liability: States that the client understands the risks associated with physical training and cannot sue the trainer for injuries resulting from normal exercise.
  • Medical Clearance Requirement: Trainers can require clients to obtain a doctor’s approval before starting training.
  • Intellectual Property Protection: Protects customized workout plans or digital resources created by the trainer from unauthorized use or reproduction.

Personal Training Agreement Form

When you add a new client to your program, this is the time to send them all associated new client paperwork. This document will essentially verify the agreement you have with the client and the client has with you. Since you are providing the agreement, you can define it any way you please.

In your agreement, you will list all associated topics, including equipment, meeting locations, dress code, etc. After your client has read through the agreement, they must then sign and date it. Since signatures can be challenging to read, it is also suggested that your client prints their name.

Refund and Cancellation Policies

Clear refund and cancellation terms prevent disputes. These policies should include:

  • Cancellation Notice Period: Require clients to cancel at least 24-48 hours before a session to avoid charges.
  • Refund Conditions: Specify whether unused sessions are refundable or if they expire after a certain period.
  • Missed Session Policy: Determine whether make-up sessions are allowed or if missed sessions are forfeited.
  • Termination Clause: Define conditions under which either party can terminate the contract early, such as medical conditions or relocation.

Some Key Terms You Should Consider

When creating your contract, you will need to state what services will be provided. What is it that you will offer your client? In exchange, how and when will you be compensated?

You should also consider the following:

  • If payment is not made, will there be a penalty?
  • If a client is unable to attend a session, what is the process in terms of notice periods?
  • Can a client cancel a contract early?
  • What liabilities should be included?

Intellectual Property Rights for Training Materials

Trainers often provide clients with customized training plans, videos, or nutritional guides. A personal training contract should clarify ownership rights over these materials:

  • Usage Restrictions: Specify whether clients can share, distribute, or modify the content.
  • Commercial Use Prohibition: Prevents clients from using your materials for their own training business.
  • Digital Resource Protection: If training plans are distributed online, include copyright protection terms.

So, whether you are seeking the assistance of a personal trainer or you are a trainer yourself, a contract should be signed prior to the very first session. As a trainer, take your time to carefully craft a detailed, comprehensive contract — and as the client, be sure to read it in full. When you both understand the agreement you are entering, everything will go much more smoothly.

Frequently Asked Questions 

1. Why do I need a personal training contract?

A contract protects both the trainer and the client by outlining expectations, services, payment terms, liability waivers, and cancellation policies.

2. Can a client cancel their personal training contract early?

It depends on the contract terms. Some agreements allow early cancellation with a notice period, while others may require clients to pay a fee.

3. What should a personal training contract include?

Key elements include service descriptions, payment schedules, liability waivers, cancellation policies, refund conditions, and client responsibilities.

4. Is a personal training contract legally binding?

Yes, as long as it is properly drafted, includes mutual agreement, and adheres to state laws.

5. Do personal trainers need insurance in addition to a contract?

Yes, liability insurance provides additional protection against claims related to client injuries or dissatisfaction.

If you need help creating personal trainer contracts, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.