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As a gym owner, you are likely familiar with the need to constantly update various aspects of your business. Standard operating procedures, marketing efforts, and client engagement strategies all receive regular attention and revisions. However, one critical area often overlooked is the legal documentation, including waivers, membership agreements, and staff contracts. Many gym owners acquire these documents when they first open their gym but never revisit them. This “set and forget” attitude can lead to significant issues over time.
There are three primary risks associated with failing to update your legal documents regularly:
Society evolves rapidly, and these changes can render your legal agreements inefficient or outdated. For instance, the rise of social media and influencer culture over the last few years has necessitated updates to likeness language in waivers. It’s now more important than ever to address how members’ images and videos might be used in marketing materials.
Similarly, the widespread adoption of easily installed security cameras has created a need for explicit notices regarding camera usage in your gym. Members should be aware that they are being recorded, and your waiver should include appropriate language to cover this aspect.
Laws and regulations are constantly changing, and your gym’s legal documents need to keep pace. For example, some states have introduced requirements for gyms to provide clients with the ability to cancel memberships online. If your membership agreement doesn’t include this provision, you could find yourself out of compliance with state law, exposing your gym to potential legal action.
As your gym grows and evolves, so do your membership policies and service offerings. It’s crucial that your membership agreements and waivers reflect these changes. New services, such as specialized fitness classes or nutritional counseling, may require additional language to adequately cover the risks involved. Failing to update your documents can leave your gym vulnerable to liability.
To avoid these risks, Gym Lawyers PLLC recommends conducting a comprehensive review of your legal documents at least once a year. The fall is an ideal time for this review. Clients are returning from summer vacations, and attendance is typically increasing. Additionally, many gyms introduce new services or update existing ones in the fall, which might necessitate changes to waivers and membership agreements.
Neglecting to update your gym’s legal documents can have serious consequences. By adopting a proactive approach and conducting annual reviews, you can ensure that your waivers, membership agreements, and staff contracts remain current and effective. This not only protects your gym from legal and financial risks but also reinforces your commitment to providing a safe and professional environment for your members.
