Danielle M
New member
I am thinking about starting up a small part-time weight loss coaching business. I do not have any certifications currently, although I am planning on becoming certified in this area this summer if I can build up a client base so that it's worth the money. According to the research I have done online, weight loss coaching/life coaching is not governmentally regulated, so I do not believe I would be breaking any licensing regulations. I am concerned however with avoiding liability in case someone gets hurt while taking my exercise or nutrition recommendations. I am not going to be prescribing diet or fitness plans or exercising with clients, since I'm not a PT or nutritionist, but I will be providing them general education about how to lose weight.
I've pieced together an informed consent/waiver of liability contract, but I'm not sure how well it would hold up in court if a client has medical bills or dies during exercise that was recommended by me and wants to sue. Just wondering if this would protect me sufficiently or not or what other steps I could take. I'm not going to be getting an LLC since I won't be making much money at it to start off.
Here is what I have. Any advice would be appreciated. I know the best way to make sure about this would be to ask a lawyer, but I can't afford the legal fees they are asking for in my area to do contract reviews.
Informed Consent and Waiver of Liability
I, _____________________, have requested Weight Loss Consultation services from (business name), with the understanding that these services have been designed to provide information and suggestions as to how I could possibly improve my diet and my health. Through individualized education, (business name) is to teach me proper eating habits and a basic understanding of the behaviors necessary for healthy weight loss. She will provide motivation and support to help me make lifestyle changes and assume more personal responsibility for my own health. While people generally experience greater health and wellness as a result of embracing a healthier attitude, lifestyle, and diet, (business name) does not promise or guarantee me protection from future illness or injury. I understand that (business name) is not a nutritionist or physical trainer and has not completed any formal training as a weight loss consultant or life coach.
I further acknowledge that I am solely responsible for my own safety and physical health in any exercise that I chose to undertake. It is my responsibility to determine if I am physically capable of engaging in any proposed recommendations, and it is my sole responsibility to determine if any existing conditions or limitations may be adversely affected by her recommendations. I understand that any physical exercise carries risks including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and in very rare instances, heart attack, stroke, or even death. Exercise can also cause injuries to the muscles, ligaments, tendons, and joints of the body.
I understand that (business name) recommends that I consult with a physician prior to engaging in any physical exercise program. If I do not seek approval from a doctor, I warrant that I am in good health and that I have no physical conditions that would prevent me from participating in exercise.
I fully and voluntary assume any and all risk of personal injuries to myself, including medical or hospital bills, permanent or partial disability, death, and damages to my property, caused by or arising from recommendations made by(business name). (business name) is not liable for the misconception or misuse of information provided, as every effort has been made to see that it is as complete and accurate as possible.
I hereby release and waive on behalf of myself and my heirs, estate, insurers, executors, administrators, and successors any claim, loss, damages, demand, lawsuit, expenses, or any other liability for personal injuries or death, or property loss or damage, which I or my estate may incur arising out of connection with (business name), whether or not such claims arise from her negligence.
I full and voluntary agree to the terms herein.
Client Signature: ______________________ Date: ______________
I've pieced together an informed consent/waiver of liability contract, but I'm not sure how well it would hold up in court if a client has medical bills or dies during exercise that was recommended by me and wants to sue. Just wondering if this would protect me sufficiently or not or what other steps I could take. I'm not going to be getting an LLC since I won't be making much money at it to start off.
Here is what I have. Any advice would be appreciated. I know the best way to make sure about this would be to ask a lawyer, but I can't afford the legal fees they are asking for in my area to do contract reviews.
Informed Consent and Waiver of Liability
I, _____________________, have requested Weight Loss Consultation services from (business name), with the understanding that these services have been designed to provide information and suggestions as to how I could possibly improve my diet and my health. Through individualized education, (business name) is to teach me proper eating habits and a basic understanding of the behaviors necessary for healthy weight loss. She will provide motivation and support to help me make lifestyle changes and assume more personal responsibility for my own health. While people generally experience greater health and wellness as a result of embracing a healthier attitude, lifestyle, and diet, (business name) does not promise or guarantee me protection from future illness or injury. I understand that (business name) is not a nutritionist or physical trainer and has not completed any formal training as a weight loss consultant or life coach.
I further acknowledge that I am solely responsible for my own safety and physical health in any exercise that I chose to undertake. It is my responsibility to determine if I am physically capable of engaging in any proposed recommendations, and it is my sole responsibility to determine if any existing conditions or limitations may be adversely affected by her recommendations. I understand that any physical exercise carries risks including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and in very rare instances, heart attack, stroke, or even death. Exercise can also cause injuries to the muscles, ligaments, tendons, and joints of the body.
I understand that (business name) recommends that I consult with a physician prior to engaging in any physical exercise program. If I do not seek approval from a doctor, I warrant that I am in good health and that I have no physical conditions that would prevent me from participating in exercise.
I fully and voluntary assume any and all risk of personal injuries to myself, including medical or hospital bills, permanent or partial disability, death, and damages to my property, caused by or arising from recommendations made by(business name). (business name) is not liable for the misconception or misuse of information provided, as every effort has been made to see that it is as complete and accurate as possible.
I hereby release and waive on behalf of myself and my heirs, estate, insurers, executors, administrators, and successors any claim, loss, damages, demand, lawsuit, expenses, or any other liability for personal injuries or death, or property loss or damage, which I or my estate may incur arising out of connection with (business name), whether or not such claims arise from her negligence.
I full and voluntary agree to the terms herein.
Client Signature: ______________________ Date: ______________