ACSM’s

CertifiedNewsAPRIL–JUNE 2008 VOLUME 18, ISSUE 2

News You Need

CertificationUpdates

Spring 2008by: Richard Cotton

National Director of Certification

After nearly a year withACSM, I am impressedwith the number of activi-ties and programs under-way. There is morehappening with the Collegethan ever before, and the

organization as a whole has committed toenhancing how it will communicate itsaccomplishments to our members, friends,and partners. It’s equally as important toshare your success with your own audienceas it is to build upon strong relationshipswith the media and other groups who tellour story elsewhere.

“Leading the Way”I’m pleased to tell you that ACSM has

placed its stake in the ground with a new cam-paign entitled “Leading The Way.”

“Leading The Way” is a detailed certifica-tion marketing plan and including a printadvertising campaign, improvements to ourpresence on the ACSM Web site.

This brand establishes even more clarity indistinguishing among the many health andfitness certifications in the industry and willhelp set ACSM certifications apart from acrowded and competitive field.

Continuing EducationThe Committee on Certification and

Registry Boards (CCRB) and the ACSMProfessional Education Committee havemade great strides in modifying the continu-ing education provider application process.This allows for more efficient approval ofproviders offering continuing education toACSM certified fitness professionals. Thisincludes applications for conferences, work-shops, correspondence courses and onlineeducation. Please inform your favorite CECprovider of this exciting change and look for-

IN THIS ISSUENews You Need 1Starting a Personal Training Business 1The Business End of Personal Training 3Marketing Essentials for Personal Trainers 5Coaching News 8Legal Aspects of Personal Training 9Self-Tests 11

News You Need... Continued on Page 12

IntroductionThere are thousands of certified personal

trainers (CPT), health and fitness instructors,exercise specialists and those with many othertitles working in the fitness industry. Personaltraining continues to be a rapidly increasingprofession that is no longer for just the “richand famous”. Many CPTs have degrees inexercise science and/or a plethora of certifica-tions. However, most have very little businessexperience, nor business education.Therefore, today’s CPT needs to cautiouslyapproach starting their own personal trainingbusiness. Whether you decide to work in afacility (e.g. home base) as a sub-contractor,open your own fitness studio, or work as atraveling trainer by providing your services tomany facilities or residential clients, you canown your own business and take greater con-

trol of your career. There are manyadvantages (e.g. recognition, credi-bility) and disadvantages (e.g. exces-sive paperwork, overhead) tostarting your own personal trainingbusiness. However, with a visionand a solid plan, having your ownbusiness can be both rewarding andfun.

Mission and PlanAll businesses begin with an idea,

which coincides closely with a visionand mission. Thus, creating a mis-sion statement that reflects not onlyyou as a CPT but positively conveysthe purpose of your business is veryimportant. A well-designed missionstatement should convey the follow-ing:

• Nature of your business (e.g.personal training)

• Area(s) of concentration orspecialty.

The following reflects the mission state-ment for a fictitious personal training businessthat caters only to seniors: We provide superi-or personal training services that continuallyfocus on improving the quality of life andmaximizing the independence and functionalabilities of older adults through safe and effec-tive exercise programs. Our fictitious missionstatement speaks to the nature of the business(safe and effective exercise programs) and thearea of concentration (older adults). Anyonewho reads this company’s mission statementshould know precisely what they do.

The PlanThe 34th President of the United States,

Dwight. D. Eisenhower, once said “plans arenothing; planning is everything.” He was

Starting a Personal... Continued on Page 2

Starting a Personal Training BusinessJames R. Churilla, Ph.D., MPH, RCEP, CSCS

ACSM’S CERTIFIED NEWSEDITORS

Paul Sorace, M.S.Larry S. Verity, Ph.D., FACSM

COMMITTEE ON CERTIFICATIONAND REGISTRY BOARDS CHAIR

Dino Costanzo, M.A., FACSMCCRB PUBLICATIONS SUBCOMMITTEE CHAIR

Jan Wallace, Ph.D., FACSMADMINISTRATION

PRESIDENTRobert E. Sallis, M.D., FACSM

PUBLICATIONS COMMITTEE CHAIRJeffrey L. Roitman, Ed.D., FACSM

EXECUTIVE VICE PRESIDENTJames R. Whitehead

NATIONAL CENTER NEWSLETTER STAFFNATIONAL DIRECTOR OF CERTIFICATION

AND REGISTRY PROGRAMSRichard Cotton

ASSISTANT DIRECTOR OF CERTIFICATIONHope Wood

CERTIFICATION PROGRAM COORDINATORBeth Muhlenkamp

CERTIFICATION PROGRAM COORDINATORKathy Berlin

PROFESSIONAL EDUCATION COORDINATORShaina Loveless

DIRECTOR OF PROFESSIONAL EDUCATIONAND DISTANCE LEARNING

Karen J. PierceASSISTANT EXECUTIVE VICE PRESIDENT, GROUP PUBLISHER

D. Mark RobertsonSENIOR DIRECTOR OF PUBLICATIONS AND MARKETING

Jeff RichardsonPUBLICATIONS MANAGER

David BrewerFOR MORE CERTIFICATION RESOURCES CONTACT

THE ACSM CERTIFICATION RESOURCE CENTER:1-800-486-5643

INFORMATION FOR SUBSCRIBERSCORRESPONDENCE REGARDING EDITORIAL CONTENT

SHOULD BE ADDRESSED TO:Certification & Registry Department

E-mail: certification@acsm.orgTel.: (317) 637-9200, ext. 126

CHANGE OF ADDRESSOR MEMBERSHIP INQUIRIES

MEMBERSHIP AND CHAPTER SERVICESTEL.: (317) 637-9200, EXT. 139 OR EXT. 136.

ACSM’s Certified News (ISSN# 1056-9677) is publishedquarterly by the American College of Sports MedicineCommittee on Certification and Registry Boards (CCRB). Allissues are published electronically and in print.The articles published in ACSM’s Certified News have beencarefully reviewed, but have not been submitted forconsideration as, and therefore are not, officialpronouncements, policies, statements, or opinions of ACSM.Information published in ACSM’s Certified News is notnecessarily the position of the American College of SportsMedicine or the Committee on Certification and RegistryBoards. The purpose of this newsletter is to inform certifiedindividuals about activities of ACSM and their profession andabout new information relative to exercise and health.Information presented here is not intended to be informationsupplemental to the ACSM’s Guidelines for Exercise Testingand Prescription or the established positions of ACSM.ACSM’s Certified News is copyrighted by the American Collegeof Sports Medicine. No portion(s) of the work(s) may bereproduced without written consent from the Publisher.Permission to reproduce copies of articles for noncommercialuse may be obtained from the Rights and Permissions editor.

ACSM NATIONAL CENTER401 WEST MICHIGAN ST.

INDIANAPOLIS, IN 46202-3233.TEL.: (317) 637-9200 • FAX: (317) 634-7817

© 2008 American College of Sports Medicine.ISSN # 1056-9677

2ACSM’s Certified News AMERICAN COLLEGE OF SPORTS MEDICINE | (317) 637-9200

absolutely right. When it comes to startingany business you need a blueprint—your blue-print is the business plan. Personal trainers arejust like anyone else who has decided to starttheir own business; ambitious, motivated indi-viduals who are ready to train the worldtoward better health. Unfortunately, manypeople starting a business spend more time ontheir idea(s) or on ways to maximize theirtime and money and less rigor on their busi-ness plan2. Your ideas along with your timeand money management skills are importantand essential; however, your business plan isyour guide. Think of your business (idea) asthe destination you wish to reach in a speci-fied period of time, and think of your businessplan as your map. Table 1 illustrates the fourkey components of a successful business plan:

Deciding on a Business EntityThere are many factors the CPT must con-

sider in selecting a business entity. Theseinclude setting up a formal entity, financialrequirements, management of capital (profitsand losses), and liability1. The form of liabili-ty that comes along with selecting a specificbusiness entity and the tax ramifications arethe primary elements of consideration whenchoosing a business entity. The three funda-mental business entities are the sole propri-etorship, partnership, and the corporation;each business type comes with advantages anddisadvantages, which will be discussed fur-ther.

Sole-ProprietorshipThe sole-proprietorship is relatively simple

to form and should be a consideration for theindependent CPT. It is an individually ownedand operated entity that differs from a corpo-ration and a partnership. Forming this type ofbusiness entity requires little capital and thesole-proprietor does not have to be concernedwith profit sharing. Sole-proprietorships aresubject to little governmental regulation, andare relatively easy to control1. In addition, alldecisions are made by one person, which isoften less cumbersome for independent per-sonal trainers.

On the flip side, sole-proprietors assume allpersonal (e.g. liability) and financial (e.g. busi-ness debts, taxes) responsibilities for theirbusiness. Thus, both business and personalliability insurance are necessary for this typeof business. Finally, sole-proprietors mustobtain a business license to operate in theircommunity and inform the community in theform of a doing business as (DBA) ad in thenewspaper to notify local business of thename under which they will operate3.

PartnershipA business partnership (sometimes referred

to as a general partnership) amongst CPT issomething that has become more popular inrecent years, particularly in the form of per-sonal training studios. A partnership justmeans that there are two or more people whoown and operate the business3. In contrast toa corporation, a general partnership is notviewed as separate entity, but rather a groupof two or more individuals. Partnerships aregenerally regulated by the state under theUniform Partnership Act1.

An individual CPT with minimum capitalwho wants to start a personal training busi-ness may want to consider a partnership.Partnerships, like sole-proprietorships, are rel-atively simple and inexpensive to form. Theindividuals making up the partnership wouldshare all the liabilities. Additionally, individ-ual partners would be considered to be self-

Starting a Personal... Continued from Page 1

ACSM’s Regional ChaptersEnjoy top-notch educational presentations

and unmatched opportunities to network withfellow professionals at ACSM’s RegionalChapter meetings. In addition, earn valuablecontinuing education credits to keep yourcertification current. Below is a listing ofupcoming meetings near you:• Alaska — July 16-19, 2008 — Sitka,AK

Contact: Aimee Le Blancalaska_acsm@yahoo.com

• Central States — October 16-17, 2008 —Springfield, MOContact: Mike Leikermleiker@pittstate.edu

• Northland — October 16-17, 2008 —Duluth, MNContact: John Keener, Ph.D.nacsm@d.umn.edu

• Midwest — October 2008 TBD — TBDContact:Timothy Kirby, Ph.D.kirby.1@osu.edu

• New England — November 13-14, 2008 —Providence, RIContact: Dino Costanzo, M.A., FACSMneacsm@nbgh.org

• Mid-Atlantic — November 2008 TBD — TBDContact:W. Craig Stevens, Ph.D.cstevens@wcupa.edu

Starting a Personal... Continued on Page 7

Table 1. The four components of a business plan

Business description Financial planMarketing plan Management overview

3APRIL/MAY/JUNE 2008 | VOLUME 18; ISSUE 2 ACSM’s Certified News

Introduction Although few fitness professionals enter the

health/fitness arena with the sole purpose ofturning a profit, the nature of the fitness pro-fession necessitates basic business competen-cies in order to become successful.Unfortunately, the overwhelming majority ofexercise science undergraduate programsplace little or no emphasis on developing stu-dents’ knowledge, skills, and abilities from abusiness perspective. This consistent over-sight has led to a “learn on the fly” approach,which has left many fitness professionals witha reduced capacity for upward mobility with-in corporate, clinical, commercial, or commu-nity fitness organizations. Thus, the focus ofthis article is to highlight the basic businessissues required of entry-level fitness profes-sionals.

OverviewThe Bureau of Labor Statistics (2) has report-

ed that employment in “service producing”industries will become the fastest growing seg-

ment of the 15.6 million newwage and salary jobs between2006 and 2016. This growthis expected to generate nearly5 million new jobs in the serv-ice industry over the next 8years (2). As demand for per-sonal care services continuesto rise, the subset of personaltraining is likely to followsuit. For this reason, it is crit-ical that personal trainersposition themselves to takeadvantage of the anticipatedinflux of new employmentopportunities.

For a personal trainer,compensation consistency isbased on two things: 1)repeat business, and 2) newclient sales. Repeat businessis likely the most reliablesource of future revenuestreams, yet many trainersreport poor retention percent-ages. While recent researchhas shown that emotionalcloseness fostered interper-sonal trust and client reten-tion (3), it has also been shownto undermine a personal

trainer’s status as a professional serviceprovider (1). With this in mind, it makes senseto utilized proven business strategies to boostretention numbers. Those individuals withmore sophisticated business backgroundshave the capacity to infuse innovative strate-gies designed specifically for this purpose.This may include email marketing tools, web-based personal training support, or usefulbrochures outlining basic dietary information.Any economist will tell you that quality cus-tomer service is a major component amongsuccessful service corporations. While per-sonal training is obviously a service industry,customer service training is not always includ-ed as part of one’s employment package. Thisleaves trainers at a distinct disadvantagebecause they have not been provided with thetools necessary to combat sinking retentionrates and hence, lower income projections.The new client sales component is an area ofcontention for many personal trainers becausethey often view the word “sales” as uncouth,distasteful, or uncomfortable to present. One

must keep in mind that any for-profit businessrelies upon sales for survival. As a personaltrainer, you represent the number one report-ed source for non-dues revenue generation inthe commercial fitness industry today (5). Forthis reason, you should embrace the salesprocess as being an integral part of your occu-pation. Without formal sales training, manyare left to their own devices for generation ofnew client sales. This is the equivalent of toss-ing a child in a pool to learn how to swimwithout any prior training or instruction. Yousimply cannot expect to produce outstandingsales results without formal education andtraining on the topic. Even the most techni-cally talented personal trainers need a solidsales strategy that highlights the value of theirservices to close deals with new clients.

The nature of the personal training industryrequires the utilization of business skills bytrainers to a greater degree than many otherhealth care professionals. Unlike state-licensed professions such as dietetics or physi-cal therapy, personal trainers don’t typicallyhave the luxury of a formal referral processfrom other health care providers. In addition,insurance does not reimburse for a personaltrainer’s services. Therefore, they must con-tinually populate their client pool with indi-viduals who pay out of pocket for service(s)provided. At an average hourly rate ranginganywhere from $45-$75, it is not an easy taskto continually generate new clients. Whenyou combine these issues with the effects of aregressive economy and the fact that mostpersonal trainers have no formal businesstraining, you have a recipe for disaster.Sporadic client recruitment backed by hap-hazard business practices can leave personaltrainers on the outside looking in with regardto job security and stability.

For the few personal trainers who are insupportive corporate environments that culti-vate business skill development within theiremployee population, there are many otherswho are essentially independent contractorsoperating their own business. These individu-als need more comprehensive business train-ing because of their self-employment status.While many personal trainers enjoy the bene-fit of internal marketing of their services with-in a club environment, independentcontractors are often forced to generate theirown marketing materials and strategies.Without proper training in this area, it is like-ly that the independent contractor would elic-it little response with his/her marketingefforts. Some key issues for success in the per-sonal trainer business are to: 1). Identify andlocate the target market; 2). Establish marketpenetration strategies; and 3). Develop attrac-tive marketing materials. Each of these keyissues are part of a successful marketing pro-gram that takes time to understand.

The Business End ofPersonal TrainingBy Matthew W. Parrott, Ph.D., ACSM H/FI, ACSM H/FD

The Business… Continued on Page 4

4ACSM’s Certified News AMERICAN COLLEGE OF SPORTS MEDICINE | (317) 637-9200

Innovative marketing goes hand-in-hand witha quality sales plan for consistently generatingnew client leads and prospects.

Educational opportunitiesThe good news is that fitness business edu-

cation is on the rise, both in the industry andin formal education programs. PurdueUniversity initiated the first 4-year curriculumdesigned to provide students with both thetechnical skills and business skills to becomesuccessful personal trainers. This curriculumincludes courses in Fitness Management andProfessional Development within the field ofpersonal training. Clayton State University(CSU) has also recognized the value of devel-oping business skills for future fitness profes-sionals by offering a Bachelor’s degree inHealth and Fitness Management. CSU’s pro-gram includes courses in marketing, finance,legal issues, and business plan development toprovide a unique foundation for fitness pro-fessionals to build upon.

While these collegiate programs will cer-tainly improve the business acuity of futurepersonal trainers, current professionals alsohave options. In 2006, Tharrett and Petersonpublished Fitness Management, AComprehensive Resource for Developing,Leading, Managing, and Operating aSuccessful Health/Fitness Club (10). This prac-tical textbook is a fantastic resource for fitnessprofessionals looking to build managementknowledge by following proven strategies.The authors each have a wealth of fitnessindustry management experience that hasbeen harnessed into one succinct resource.This book, when combined with additionaltraining, can provide the working fitness pro-fessional with a solid background for businessstrategies specific to the health and fitnessindustry. The American College of SportsMedicine (ACSM) now offers a continuingeducation course (CEC) specifically designedto enhance business knowledge of practicingfitness professionals. This unique courseoffering includes modules in sales, marketing,budgeting, member/client retention, customerservice, staffing, and much more. Priced atonly $140, this one-day CEC provides the fit-ness professional with valuable managementtools designed for immediate utilization intheir day-to-day occupation. In addition,ACSM-certified professionals can use theCEC hours for recertification down the line.

Conclusion The key point for personal trainers and

other health/fitness professionals to rememberis that the fitness industry is quickly maturing.As of 2006, the number of health and fitnesscenters had increased by nearly 500% in justover 20 years time (5). Given the current healthstatus of the U.S. population combined with

an increased visibility for preventative healthoutcomes, the fitness industry is likely toenjoy its greatest popularity in the decades tocome. A number of research studies haveshown the strong link between increased mar-ket competition within the service industryand the relative importance of the quality ofservice being provided (4, 6, 7, 8, 9). As such, it willbecome increasingly important for fitness pro-fessionals to distinguish themselves from thepack. George (3) suggested that personal train-ers fit into a semi-professional category lack-ing “social capital” and must go topainstaking efforts to present themselves as apart of a well-established network. Given thesocial stigma attached to the occupation ofpersonal training, one would do well to pres-ent a more organized, businesslike approach.At the very least, the attainment of additionalbusiness training would provide you with abroader economic perspective from which tooperate, thereby improving your chances ofremaining successful in an ever-changing com-petitive marketplace.

About the Author Matthew W. Parrott is an Assistant Professor of Health andFitness Management at Clayton State University inMorrow, GA. In addition to his academic appointment,Dr. Parrott currently serves on ACSM’s CCRB committeeas a member of the Health/Fitness Instructor andContinuing Professional Education subcommittees. Hehas been an ACSM certified Health and Fitness Instructorsince 2000 and an ACSM certified Health and FitnessDirector since 2002. He has more than a decade of fitnessindustry experience and regularly publishes in both news-papers and research journals. For questions or comments,

please contact Dr. Parrott via email at mattparrott@clay-ton.edu.

References1. Black, P. (2004) The beauty industry: Gender, culture, pleasure.

London: Routledge.2. Bureau of Labor Statistics, U.S. Department of Labor, 2007.

Tomorrow’s jobs. Updated December 18.http://www.bls.gov/oco/oco2003.htm (accessed February 21st,2008).

3. George, M. (2008) Interactions in Expert Service Work:Demonstrating Professionalism in Personal Training. Journal ofContemporary Ethnography. Thousand Oaks. 37:1, 108-131.

4. Hochschild, A. R. (1983). The managed heart: Commercializationof human feeling. Berkeley: University of California Press.

5. International Health, Racquet and Sportclub Association andIndustry Insights, Inc. Industry Statistics.http://cms.ihrsa.org/index.cfm?fuseaction=Page.viewPage&pageId=19277&nodeID=15(accessed February 21st, 2008).

6. Leidner, R. (1993). Fast food, fast talk: Service work and the rou-tinization of everyday life. Berkeley: University of CaliforniaPress.

7. Maguire, J. S. (2001). Fit and flexible: The fitness industry, per-sonal trainers, and emotional service labor. Sociology of SportJournal, 18, 379-402.

8. Sallaz, J. J. (2002). The house rules: Autonomy and interestsamong service workers in the contemporary casino industry.Work and Occupations 29, 394-427.

9. Sherman, R. (2007). Class acts: Service and inequality in luxuryhotels. Berkeley: University of California Press.

10. Tharrett, S. J. & Peterson, J. A. (2006) Fitness Management: AComprehensive Resource for Developing, Leading, Managing,and Operating a Successful Health/Fitness Club. Monterey:Healthy Learning.

SELF-TEST ANSWER KEY FOR PAGE 11————— QUESTION ——————1 2 3 4 5

TEST #1: A D B A ATEST #2: B D A D ETEST #3: D B C A ETEST #4: B B D C C

The Business... Continued from Page 3

“Business Management for the Fitness Professional”Traditional exercise science and exercise physiology edu-cational programs have largely failed to provide fitnessprofessionals with the management/ business skills nec-essary to gain upward mobility within the industry. Inthis new one-day continuing education course, partici-pants will learn key management principles that willmake them a more valuable asset in the marketplace.Topics covered include but are not limited to: memberretention, customer service, sales, marketing, interview-ing, staff supervision, employee retention, budget plan-ning, and much more! Participants are eligible to earnACSM CECs for this one-day session.

Register now at www.acsm.org/registerMay 04, 2008: Westfield State College, Westfield, MAMay 04, 2008: Williamsburg Community Center, Williamsburg, PAMay 10, 2008: University of Utah, Salt Lake City, UTMay 24, 2008: University of Missouri & Optimus Center for Health, Columbia, MOJune 13, 2008: University of South Carolina, Columbia, SCJune 13, 2008: National Institute for Fitness & Sport (NIFS), Indianapolis, INSept. 28, 2008: GE-Transportation Health and Wellness, Erie, PANov. 9, 2008: Portland Community College, Portland, ORDec. 13, 2008: Metropolitan State College of Denver, Denver, CO

New CEC Course for 2008!

$140 withCEC Feeincluded!

5APRIL/MAY/JUNE 2008 | VOLUME 18; ISSUE 2 ACSM’s Certified News

Introduction It is essential to think of your personal

training business as “a business!” In this edi-tion of “Certified News”, Dr. James Churillahas outlined the essentials of starting a per-sonal training business. Unless certified per-sonal trainers (CPT) undertake a professionalapproach to running their small business,important aspects of marketing can be over-looked. The marketing plan is one of four keycomponents of a successful business plan. Irecently had lunch with Brett Chepenik,President of Gracor Fitness, a business thatemploys personal trainers in Jacksonville,Florida. Brett told me “the greatest challengehe faces in helping personal trainers becomesuccessful is conveying to them the impor-tance of the business aspects of personal train-ing”. Quite often CPTs underestimate theimportance of marketing in their profession.This article will address the importance ofmarketing, components of a marketing plan,marketing tools, and strategies that willenable personal trainers to build and retain ahealthy client base.

Marketing plan essentialsThe U.S. Department of Labor projects that

employment of fitness workers is expected toincrease 27 percent over the 2006-2016decade2. As the number of fitness profession-als grow in your geographic area, you mayexperience an increase in business competi-

tion. Be pro-active. This may be a great timeto re-evaluate both your credentials and yourbusiness plan. While having the proper cre-dentials greatly improves your marketability,success as a personal trainer is often tied to awell thought out business plan and marketingstrategy.

The first step in developing a marketingplan is to review your business description,mission statement, and credentials. Theseshould help you identify your client base.With marketing in mind, focus on the aspectsof your business plan and mission statementthat make your CPT business unique. Reviewyour credentials. There is a range of formaldegrees (AA, AS, BS, MS) andcertifications/credentials (e.g. ACSM’sCertified Personal Trainer, Health/FitnessInstructor, Exercise Specialist, RegisteredClinical Exercise Physiologist) that offer dif-fering levels of education and expertise toindividuals in an effort to prepare them towork as exercise professionals1. Some creden-tials prepare fitness professionals to workwith apparently healthy, low risk clients.Others offer more extensive preparation indealing with moderate risk and high-riskclientele. Due to the epidemics of obesity andtype 2 diabetes in the U.S., many personaltrainers are taking on clients with multiplecoronary heart disease risk factors or evenknown cardiovascular, pulmonary, and/ormetabolic disease. Review ACSM’s Guidelines

for Exercise Testing and Prescription manualand affirm that your proposed client base iswithin the scope of practice of your qualifica-tions1. This will limit your exposure to liabili-ty issues down the road. A thoughtful reviewof your business description, mission state-ment, and credentials is essential in develop-ing a marketing roadmap that will lead you tosuccess.

The Five P’s of StrategicMarketing

Mapping out a great marketing plan startsby addressing the five P’s of strategic market-ing: Product, People, Place, Price, andPromotion 3,4. In order to help identify precise-ly the type of service you intend to sell, CPT’sshould ask themselves several key questions ineach of the strategic categories. Once properattention is given to each of these five compo-nents, the CPT will be better positioned todetermine the type of marketing tools thatwill best satisfy his or her specific marketingneeds.

Product: In business, a product is typicallya good or service which can be bought andsold. For marketing purposes, a product isanything that can be offered to satisfy a wantor need. For the fitness industry, the questionsin Figure 1 are the types of questions you needto answer to properly identify your product.[See figure 1, page 6]

People: The more you are able to focusyour efforts on a “target population,” thegreater chance you have of developing a“niche” in the personal training community.The group of questions in Figure 2 will helpyou identify your target population. [See fig-ure 2, page 6]

Place: Obviously, this is a key componentfor fitness professionals. While many peopledrive to work each day to a specific location,there are more options in the fitness industry.Figure 3 addresses the questions many profes-sionals face when addressing the place ofbusiness.

Quite often the answers to these questionsimpact what you charge for your services. Afitness professional that works primarily fromone location can schedule clients closer togeth-er and has the potential to offer more trainingsessions in a typical day. This might allow formore competitive pricing (as is discussed in thenext section). [See figure 3, page 6]

Price: There are four distinct criteria thatplay a role in pricing your product: location,expenses, education, and experience. The threemain aspects of pricing related to location are;the size of the market, the demographics of themarket in which you are offering your servic-es; and whether you have a “home base” orare a traveling CPT. The better you are atdeveloping a niche in a specific market, themore latitude you have with what you charge

Marketing Essentials forPersonal TrainersPeter M. Magyari, Ph.D., ACSM HFI, CSCS

Marketing... Continued on Page 6

6ACSM’s Certified News AMERICAN COLLEGE OF SPORTS MEDICINE | (317) 637-9200

for your services. Metropolitan areas with ahigh percentage of affluent professionals in theworkforce may allow for greater profit mar-gins in pricing of personal training services.Smaller and less affluent markets may be muchmore competitive in pricing structure. If youhave a home base to work from, you may saveon both time and travel allowing for a moreaffordable pricing structure. Either way, itwould be wise to determine all potentialexpenses that may be incurred before you set aprice on your services.

Your expenses are composed of both fixedand variable costs. Fixed costs usually do notvary between month-to-month or year-to-yearpayment intervals and are independent ofsales. They include rent, mortgage, or equip-ment payments, auto lease, and insurancecosts (health, liability, auto, etc). Variablecosts would include utilities, gas and automo-tive upkeep (if you travel to client locations),miscellaneous supplies, and advertising/pro-motion, etc. Take some time to determinethese costs; it may be prudent to speak withother CPTs to be sure you did not overlookany costs. One way to determine if you havea viable pricing policy is to divide your totalestimated costs (fixed and variable) by thenumber of training sessions you can reason-ably expect to book each month. For exam-ple, if your costs total $3000 a month and youcan manage to book 100 sessions, you wouldneed to charge $30 per session just to breakeven. If that dollar amount per session is lessthan the competitive rate in your area, thenyou have the opportunity to be successful,particularly if your experience and educationwarrant charging a higher fee.

Both experience and education have beenaddressed earlier in this article. Given anequally qualified business plan, the CPT withthe most experience and/or the higher level ofeducation will be able to charge a higher feefor their services.

Promotion: There are several different waysto promote your business. Some may seem abit unconventional but they can still be effec-tive. These are sometimes referred to as thetools of marketing. Personal trainers will ben-efit from incorporating each of the followingpromotion tools into their marketing plan.• Referrals/leads/word-of-mouth: One

happy client has the potential to generateseveral new clients. It may be as easy asasking your clients to share your nameand number with anyone who asks abouttheir success. Or, it may require morework on your part by asking your clientsfor the name and contact information offamily, friends, or associates who theythink may be interested in similar servic-es. Your level of commitment to follow-ing up on these leads and referrals maybe a predictor of your future success.

• Testimonials: Hanging signed testimoni-als from happy clients at the entrance toyour business may be a cost free way ofattracting new clients. Or, if you do nothave a facility, maybe listing several testi-monials on your marketing materials (e.g.brochures, flyers).

• Direct marketing: Printed materials suchas flyers or newsletters and directedemails can also be a cost effective mar-keting tool. What about direct marketingthat sends materials to prospective clien-tele within a geographic locale of thebusiness? Sometimes direct marketingstrategies can be costly!

• Networking: Attend community func-tions that attract members with thedemographics of your client base (healthfairs, road races, community softball,soccer, or football leagues, etc). Go out ofyour way to meet other health care pro-fessionals who may be able to referclients to you.

• Public Speaking: Offer to give a healthand fitness presentation to a group ororganization that may have constituentswho may be interested in your service(e.g. runners clubs, church groups, socialorganizations, weight loss clubs or busi-nesses). Presenting yourself as a profes-sional in the field will transcend yourmarketability.

• Donations: Many event promoters arelooking for donations to use as “giveaways” or “door prizes” at their event.Donating a complimentary trial of yourservice (e.g. three free training sessions) isa great way to get free publicity andattract potential clients.

Summary It is important to understand that the mar-

keting of your business does not stop once theclient contacts you for your services. One ofthe key strategies in establishing and retaininga loyal customer base is creating a positiveand memorable first impression of you andyour business. In that first meeting, youshould: present yourself as a professional, liveup to your marketing hype, highlight yourspecialty, listen to the customer, make sureyou are a good fit for their needs, find a con-nection between you and the customer, andcreate a sense of urgency about them gettingstarted.

Now that you have a greater appreciationfor the importance of marketing, the compo-nents of strategic marketing, and the tools forpromoting your business, you are better posi-tioned to be successful in the business of per-sonal training. Good luck.

References1. ACSM. ACSM’s Guidelines For Exercise Testing and

Prescription 7th Edition. Philadelphia: Lippincott Williams andWilkins, 2006. p27, 309-11.

2. Bureau of Labor Statistics, U.S. Department of Labor,Occupational Outlook Handbook, Fitness Workers, 2008-09Edition. http://www.bls.gov/oco/ocos296.htm (visited January 11,2008).

3. Roberts, S.O. The Business of Personal Training. Champaign:Human Kinetics, 1996 pp32-39.

4. Thaler, J. The Elements of Small Business. Silver Lake, 2005.p132-36.

About the authorPeter M. Magyari, Ph.D., HFI, CSCS is an AssistantProfessor of exercise physiology in the Brooks College ofHealth at the University of North Florida in Jacksonville,FL. He has held the position of Coordinator of PersonalTraining for the Student Recreation and Fitness Centers atUniversity of Florida and is a former owner of a communi-ty based fitness center and personal training business inMiami Florida.

Marketing... Continued from Page 5

Product (Figure 1)• Will you be focusing on primarily health, fitness, or

performance related components of fitness assessmentand exercise prescription?

• Will you be offering primarily one-on-one instruction,where each client gets your undivided attention and anindividualized exercise plan?

• Do you prefer working with small groups (2-4participants) who follow similar exercise/trainingprograms designed to meet a common goal or do youprefer larger group exercise classes (five or moreparticipants) where participants require lessindividualized attention but still enjoy the structure andexpertise your sessions provide?

• Will you be “packaging” your product in blocks ofprepaid session?

• What type of fitness assessments will you be offeringand how frequently are the assessments performed?

• Will you be working as part of a team with other healthprofessionals?

• Will you be offering conventional one-hour trainingsessions or is the time frame flexible?

• Are you willing to work early morning and eveninghours (many clients cannot make time during thetypical 9-5 work day)?

People (Figure 2)• What are the demographics of the clients who will

make up the largest base of your clientele?• Is there a particular sport or activity in which you feel

most qualified in developing conditioning programs?• Is there a gender or age range that you feel most suited

or comfortable working with? If you intend to work withmen over the age of 45 and/or women over the age of55, do you have the knowledge base and competencies(i.e. formal training, clinical certification) necessary forworking with moderate and high risk clients as definedby the ACSM1?

• Have you established relationships with localprofessionals that are also involved with your targetpopulation (e.g. coaches, dieticians, family practicephysicians)? These relationships will be invaluable inhelping you secure referrals and stay informed withchanges in your client’s health, fitness, or performancegoals.

Place (Figure 3)• Do you intend to work in or for an established fitness

facility?• Do you have access to a fitness center where your

clients get priority use of space and equipment duringbusy hours?

• Will you be traveling to your client’s home or gym? Arethere generally traffic issues in the area and time youplan to travel?

• If a prospective client has a membership at anotherfitness center, do the fitness centers in your area haverestrictions on outside CPTs?

employed, thus they would be responsible forpaying taxes at the appropriate income taxrate1.

The most difficult task in forming a part-nership is finding a partner or partners.Everyone has his or her own reasons for goinginto business. However, when choosing peo-ple to work with, finding someone who istrustworthy and honest is important and canbe complex. Finally, there are many types ofpartnerships, limited partnerships (LP), limit-ed-liability partnerships (LLP), and limited lia-bility companies (LLC). These types of legalentities are beyond the scope of this articleand someone interested in more informationon these types of partnerships should consultwith an attorney.

CorporationThe corporation is the most complex busi-

ness entity. In the past, forming a corporationwas cumbersome and expensive. However,forming a corporation today, with access tothe necessary legal expertise, is less difficultand much more affordable. The key feature ofa corporation is that the business exists inde-pendent of its owner(s). This is viewed bymany as advantageous, due to the fact that thecorporation assumes all legal liabilities, notthe individual(s). In addition, corporations,like sole-proprietors, are subject to obtaininga business license.

Corporations can have a single owner(referred to as a shareholder) or can havemany shareholders. There are two types ofcorporations, C-corporations and S-corpora-tions; the key difference is reflected in howthe corporation would pay taxes. The mostfavorable tax advantages lie with S-corpora-tion. The sole-proprietorship and the S-cor-poration would be the best two options forthe CPT; however, due to the tax benefitsafforded the S-corporation this entity wouldprobably serve the entrepreneurial CPT thebest. For more information on forming a cor-poration for your CPT business go towww.corporatecreations.com.

What to Charge A system that began back in the early

1990’s and has become the industry standardfor how CPT’s get paid is the ‘package’. The‘package’ refers to the CPT collecting moneyin advance for a set numbers of training ses-sions. The benefits of this are two-fold; first,the trainer gets paid and does not have toworry about no-shows, which previously mayhave ended up as no-pays. Second, it serves asa motivational tool for the client. Since theyhave laid out a chunk (usually a large chunk$$) of money for their training sessions inadvance, they are more likely to show-up fortheir sessions.

You may think you are the best CPT outthere (and you very well may be), but so domany other fitness trainers. You cannot basewhat you will charge your clients solely onwhat you think you are worth (although somedo). You should consider the four E’s as itrelates to you and any CPT you may hire:

n Education • Bachelors degree (e.g. Exercise

Physiology / Science, Kinesiology)• Masters degree (e.g. Exercise

Physiology / Science, Kinesiology)• Level of Certification (ACSM, ACE,

NSCA, CPTS)n Experience

• Years working as a CPT• Types of training (e.g. sports specific,

special medical populations)n Environment / Location

• Where you are physically (e.g. facili-ty) and geographically (e.g. city, state)employed as a sub-contractor.

• Business or studio location (e.g.owner / operator) if not a sub-contractor.

n Expenses• Equipment• Clothing• Gas (e.g. traveling trainers)• Personal liability insurance• Advertising / Marketing materials• Certification / Membership fees• Rent / Electricity / Insurance

The components under each of the aboveE’s are not exhaustive, nor are they intendedto be. As the personal training industry con-tinues to grow, so will the needs of CPT’s andtheir businesses.

SummaryBeyond your idea for your personal train-

ing business and knowing your mission, youneed direction in the form of a business plan.This map will help guide you every step of theway and can be tweaked like any other livingdocument to conform to the changing timesand your changing needs. Whether youchoose a sole-proprietorship, partnership, orcorporation for your CPT business is a per-sonal choice. However, contacting an attorneyfor more information on any entity typewould be prudent. Finally, what you wantpeople to pay you is a very intimate decision.Incorporating the four E’s into your decisioncan help make this process a little more objec-tive. Detailed information regarding market-ing and the legal aspects of the personaltraining industry are covered in this issue bymy co-authors.

References1. Evans, D. Sole Proprietorship? Partnership? Regular

Corporation? Subchapter S? National Association of DentalLaboratories Journal. 8-9, 31, 1981.

2. Guglielmo, W.J. How to write a business plan. MedicalEconomics. 84:42, 44-46, 2007.

3. Roberts, S.O. The Business of Personal Training. Champaign:Human Kinetics, 1996.

About the authorJames R. Churilla, Ph.D., MPH, RCEP, CSCS is anAssistant Professor of exercise physiology and physicalactivity epidemiology in the Brooks College of Health atthe University of North Florida in Jacksonville, FL. Hisresearch focuses on physical activity and the metabolic syn-drome and population health. He is ACSM ProgramDirector Certified and a current member of the ACSMPublications Subcommittee. James is a member of theACSM, the American Heart Associations Council onNutrition, Physical Activity and Metabolism, and theNational Strength and Conditioning Association. Jamesfounded JC’S Total Fitness, Inc., a personal training com-pany that serviced the south Florida community until 1998.

7APRIL/MAY/JUNE 2008 | VOLUME 18; ISSUE 2 ACSM’s Certified News

Starting a Personal... Continued from Page 2

8ACSM’s Certified News AMERICAN COLLEGE OF SPORTS MEDICINE | (317) 637-9200

Coaching News

WWeellllnneessssaanndd WWiissddoommWWiitthhiinnIIllllnneessss

This is the 18th edition of the CoachingNews column, sponsored by WellcoachesCorporation in alliance with ACSM, and itappears regularly in ACSM Certified News.

Fitness professionals know how challengingit can be to help unfit, but otherwise healthyclients, adopt an exercise routine to whichthey stay faithfully committed. At the begin-ning of the program, fed by a New Year’s res-olution, a new relationship, a health scare orsome other existential crisis, it is easy. Yousay “jog” and they sprint. You say “jump”and they say

“Aren’t you going to hold me back withone of those harness things?”

But then, February rolls around and thegym parking lot is less full. Suddenly,appointments need to be rescheduled due towork or family commitments, and homeosta-sis resumes in the elliptical trainer cue (read:there isn’t one).

This is the way of life…the normal sinewave describing the waxing and waning ofhuman motivation.

Now throw in a serious medical conditionthat is never going away. A cancer diagnosisbrings new meaning to the word “obstacle.”Now it isn’t fatigue that results from toomany glasses of Chardonnay the previousnight that eats into motivation, but fatiguestemming from the assault of chemotherapyon bone marrow as well as malignant cells.Or it may be the raw fear of another heartattack happening despite a doctor’s encour-agement to exercise moderately. It could bethat your client really wants to be running onyour treadmill, but he is in the hospital withpneumonia for the third time in three months.

Chronic illness is a major health issue in oursociety. It is estimated that nearly 125 millionAmericans suffer from at least one chroniccondition and this is projected to grow to 157million by 2020. The top five conditions,heart disease, cancer, stroke, chronic obstruc-tive pulmonary disease, and diabetes, togetheraccount for more than two thirds of all deathsin this country.

On one hand, it is fortunate that diseasessuch as certain cancers and HIV/AIDS arebecoming “chronic diseases.” With better treat-ments available, what used to be considered a

death sentence can now be managed effectivelylong-term. As treatments for these and otherconditions improve and the population ages, agreater and greater percentage of people seekinghelp with exercise programs, nutritional coun-seling, smoking or drinking cessation, or stressreduction are going to have one or more chron-ic diseases to manage concurrently.

Wellness coaches are in the perfect positionto help such people. I am a retired physicianwho spent 15 years studying disease. I havealso spent 47 years living with disease, cysticfibrosis. When I became a “wellness coach,”it was obvious what my niche would be, andI haven’t looked back. While I entered thisfield thinking that wellness coaching would behelpful for people with health issues, my expe-rience has been overwhelmingly positive.

Many of my clients did nothing to causetheir disease. Fate handed them a faulty geneor combination of genes and environmentalcues that put them at high risk. Interestingly,I think I learn more from coaching these peo-ple than they learn from me. It is challengingwork, of course, because it is frustrating forboth of us to deal with the uncertainties oftheir health.

It is easy for those with serious illness to useas a major motivator the Big “F” word…fear.Unfortunately, while this may be effective in theshort term, it is neither a pleasant motivator, norone that works well in the long term. I havefound that over time, fear often gives way to amore positive approach. People who wereeither born with their disease, or who have livedfor a long time with their disease, are experts infinding their “inner” coach. This is the voicethat tells them to exercise (or eat healthy, orsleep enough hours, or perform active relax-ation, etc) in order to feel the best they cannow…in the moment. They easily come tounderstand that exercise actually gives themenergy instead of robbing them of it. Theygrasp that although their future health statusmay be largely out of their control, they are incontrol of many things, and great progress canbe made when they focus on those.

The best thing about working with theseclients is the wisdom that comes with being intouch with their own mortality leaves themvery open to trying new things. They don’ttend to cling in fear to old habits. They trulywant to make the best of the time they haveleft. To them, taking positive action is clearlya better strategy than simply waiting for thenext shoe to drop.

Of course, not all clients with chronic dis-ease are like this. Many are saddled withproblems that were, in large part, preventable.Decidedly unhealthy lifestyle choices com-bined with genetic and environmental influ-ences left them with heart disease, type IIdiabetes, obstructive lung disease, hyperten-sion, liver problems, etc…etc. It is estimatedthat 70% of health care dollars is spent onpreventable disease, due to poor lifestyle

habits (and inadequate access to healthcare). The difference in helping these clients as a

health professional and helping them as acoach comes with taking off the “expert” hat.This is not always easy to do, especially whensolutions seem quite obvious to you, but notso clear to your client. One thing all coachesknow is that if an idea comes from you, it ismuch less likely to be embraced than if itcomes from the client. Generally speaking,health care professionals are not trained towork that way.

One coaching tool that is effective with theclient who is faced with (what seems to be)insurmountable health obstacles is apprecia-tive inquiry. This is a process filled with pos-itive energy. It involves questioning to bringout the positive core of the client. Thisincludes the qualities, capabilities, beliefs andstrengths that have led to previous successes.It keeps the client’s successes in the fore-ground as they are encouraged to dream bigand to explore what they could achieve if theywere at their best.

Finally, the most important aspect of work-ing wisely with any client, especially one withsevere health limitations, is to ensure frequentand early success. Nothing starts the healthylifestyle ball rolling than a large dose of self-efficacy. This comes from the client witness-ing, first hand, that they are indeed capable ofsuccessful encounters with…themselves.They begin to see that they can effect changein their lives, that they can take charge and dowhat they promised themselves.

By encouraging small, achievable goals andproviding support and an automatic account-ability system, the wellness coach is well posi-tioned to optimize self-efficacy in her or hisclient. Then away they roll.

Julie Desch, MD, is president and founder of New DayWellness (www.newdaywell.org), a non-profit organizationwith the mission to provide wellness coaching and person-al training to people with chronic illnesses.

The Coaching News column is sponsored by WellcoachesCorporation, the leader in health, fitness, and wellness coach train-ing and delivery of wellness coaching services, in partnership withACSM. To learn more about this topic or other topics on coachinghealth, fitness, and wellness, visit www.wellcoach.com.

MAXIMIZE YOURACSM CERTIFICATION

JOIN THE “ACSM ALLIANCE OF

HEALTH AND FITNESS

PROFESSIONALS”

NOW AND RECEIVE

ACSM’S HEALTH & FITNESS

JOURNAL® (SIX ISSUES ANNUALLY WITH CEC

OPPORTUNITIES IN EACH ISSUE) AND MANY

OTHER BENEFITS OF ACSM MEMBERSHIP.

CALL 317-637-9200, EXTS. 136 OR 139

(M-F, 8-4:30 PM EST) WITH QUESTIONS.

IntroductionBefore you open your business as a trainer

or work within a fitness facility, it is advisableto learn the legal aspects of personal training.These aspects cover a broad range of legalsubject matter from premises liability, tortand contract law to the Good Samaritan Act,sexual harassment, as well as race and agediscrimination. This article addresses only afew of these subjects. I invite you to learnabout the other subjects to increase youroverall knowledge about highly relevant mat-ters that directly affect your conduct, or thelack thereof, in your daily activities as a train-er or club owner.

“See you in court” has become a morerecurring theme in recent times especially fortrainers and club owners. Personal trainers arerapidly taking center stage in many urbanareas, especially in California, Florida andNew York. Since there are no licensingrequirements for personal trainers at the fed-eral or state levels, it is incumbent on eachtrainer and fitness facility to not only reviewthe legal landscape but also to operate com-fortably within it. Perhaps the most significantbenefit of understanding the legal aspects ofpersonal training is that they provide a basicunderstanding of the legal framework appliedin the event of a law suit. Further, they identi-fy and explain certain legal elements courtsconsider when determining liability.

The more knowledge you have about yourlegal responsibilities, the less likely you are tobecome embroiled in litigation. In the eventyou are sued, you have some idea of what toexpect. Therefore, I encourage you to extendyourself well beyond this article and ask your-self the hard question, “what if I get sued?”No one ever wants it to happen; but if it does,is your certificate legally defensible? Are youusing recognized and acceptable protocolsthat justify your conduct?

LitigationMost cases involving personal trainers are

confined to the area of civil law. However,there are a growing number of cases invokingcriminal law. Those cases typically involve atrainer who exceeds his or her authority andadvises clients about medications, rehabilita-tion and nutrition science, or goes beyond hisor her scope of training by practicing medi-cine, physical therapy or dietetics without alicense.

When a person alleges that a trainer orfacility has committed a wrongful act, andfiles a civil law complaint in a court of compe-tent jurisdiction, that person is the plaintiff.The plaintiff makes certain allegations, basedon facts and circumstances of an event, accus-ing the trainer or facility of wrongful acts; thetrainer or facility is referred to as the defen-dant. The allegations must set forth a cause ofaction. A cause of action is a set of facts thatwhen presented to a court, allows the plaintiffto recover or to be made whole as a result ofthe wrongful acts of the defendant.

Typically, in a health club setting the causeof action involves the law of contracts ortorts. Many times the member/client will notonly sue the trainer but will sue the facilityand the manufacturer of a piece of equipmentif the member/client was injured while using aparticular piece of equipment.

A contract is a legally binding and enforce-able agreement between two or more partiesobligating them to do, or not to do something,and may be written, oral and even implied.The paper the contract is written on is notreally the contract. The contract is really anillusory concept that creates the meeting of theminds of the parties. The document, typicallyreferred to as the contract, is merely the tangi-ble memorialization of the contract, or theintent of the parties. A contract has severalelements, all of which must be proven to a cer-

tain burden of proof in order for the plaintiffto win their case. Contracts can range from atwo or three liner to hundreds of pages. Thelaw of contracts is broad and vast, and thisarticle only touches a few basics.

Contracts come into play in a number ofways in a personal training setting. Contractsfor professional services, releases and waivers,informed consents and assumption of risksare all set forth by way of a contract. Manytimes plaintiffs sue defendants alleging abreach of contract.

Releases and waivers are used by trainersand facilities in their efforts to thwart potentialliability. A waiver provides that a person relin-quishes a right granted by law. If a member isinjured while working out in a gym, and thatperson has executed a waiver, although the lawaffords him a right to seek redress in court,that person may give up that right if he hassigned a valid and binding waiver. A releaseprovides that a person relieves another partyfrom liability. A release is typically used whenmatters are resolved and the plaintiff relievesthe defendant from further liability or respon-sibility for an injury or breach of contract.

The best way to ensure that the releases andwaivers are legally binding is to engage legalcounsel to draft them. Many times trainersobtain samples of releases and waivers whenthey attend seminars and workshops and usethem in their businesses. They feel it is easierto obtain them that way as opposed to hiringcounsel to prepare them, not only because ofthe ease of getting them in that manner butalso because of the costs of hiring a lawyer.Trainers should be aware that these docu-ments picked up at seminars may or may notbe applicable and legally enforceable in theirstate. Speakers, often times not lawyers, maydraft these documents themselves and notreally understand the significance of eachword in the document. Additionally, the lawchanges everyday in most states; and thosechanges could have an effect on the content ofthe document. If you have been using a releaseor waiver for a period of time, it is wise tohave legal counsel review it periodically toensure that it remains compliant with currentlaw and that it does what it purports to do inthe context of the law of the state where it isbeing used.

A tort is a civil wrong, other than a breachof contract, committed either by intentionalconduct or by negligence, unintentional con-duct. Since most claims stemming from activ-ity in a gym are due to negligence, we willdefine and address the theory of negligence.The measure of negligence is “standard ofcare.” Negligence is the failure to act as a rea-sonable and prudent person would act in asimilar situation. This can either be an unrea-sonable action or an unreasonable failure toact. A person alleging negligence must estab-

9APRIL/MAY/JUNE 2008 | VOLUME 18; ISSUE 2 ACSM’s Certified News

Legal Aspects ofPersonal TrainingGeorgia H. Goslee, Esq., ACSM HFI, NSCA CSCS, NSCA CPT

Legal Aspects... Continued on Page 10

10ACSM’s Certified News AMERICAN COLLEGE OF SPORTS MEDICINE | (317) 637-9200

lish a duty, a breach of that duty, proximatecause and actual injury due to the breach andestablish damages or loss. The reasonableand prudent person in the context of a per-sonal trainer is held to a recognized standardof care. Standard of care is based upon thelevel of competence in the community of sim-ilarly trained professional personal trainersand the degree of care to which such reason-able and prudent professional trainers wouldadhere.

Let’s say that a member in your facility isrunning on a treadmill and suddenly collapseswith a cardiac arrest. A personal trainer orfloor supervisor doesn’t notice it immediately,and the man lies there for a period of time.Finally a personal trainer rushes over, a crowdgathers and then a man identifies himself as adoctor and inserts himself, while the personaltrainer looks on allowing the physician toattend to the fallen member. As luck wouldhave it, the man is unresponsive and later dies.The estate of the deceased member initiates alawsuit under the theory of negligence andsues the personal trainer and the gym. Bothmay be liable for lack of proper supervision.Liability is directed to the personal trainer forfailure to act quickly to provide emergencycare once he saw the member on the floor andperhaps deferring to a physician who couldnot provide CPR as well as the personal train-er himself. Similarly, liability is directed tothe gym for failure to have a sufficient num-ber of trained and alert staff watching andattending to exercising members. These staffmembers must have the ability to respond in atimely manner with an effective emergencyprotocol.

In determining whether the personal trainerand gym are liable, the court will judge theirconduct against the standard of care in theindustry in the context of negligence. In otherwords, the personal trainer and the gym vio-lated the standard of care. A reasonable per-sonal trainer and gym owner would not havefailed to respond in a timely manner as theydid when the member collapsed and fell offthe treadmill. Because their joint conduct fellbelow the standard of care in the fitnessindustry, they are liable to the estate of thedeceased member. Therefore, the estate wouldbe awarded a certain amount of money dam-ages which becomes a judgment. If the judg-ment is executed, the assets of the trainer andgym could be attached and sold to satisfy thejudgment. The 3rd Edition of ACSM’sHealth/Fitness Facility Standards andGuidelines states that for every 100 membersexercising on the floor there should be at leastone freestanding fitness professional provid-ing attentive supervision in order that emer-gencies can be responded to immediately.1

(This is a current statement from ACSM’sstandards & guidelines).

Trainers must strive for excellence andavoid any hint of negligent behavior. One ofthe ways that they may do so is to be evermindful of the “STEPS to Success” as out-lined in the NSCA’s Essentials of PersonalTraining text and the chapter on legal issues.2

The acronym STEPS stands for Screening,Testing, Evaluating, Programming andSupervising. The concern is to make sure thatthe facility or trainer recognizes that there ispotential liability at every “step” of these nec-essary procedures and that awareness of suchliability may help one avoid negligent actionsor inactions.

S.T.E.P.S.Before you even reach the “steps” of the fit-

ness facility itself, you could be confrontedwith premises liability. Premises liability hasto do with whether the owner of the facilityhas properly ensured that the patron is safewhile on the premises. Is there sufficient light-ing in the parking area? Is there sufficient vis-ible security if the facility is located in a highcrime area? Is the surface free of dangerouspotholes and debris that could cause injury tothe patron?

Again, STEPS (Screening, Testing,Evaluating, Programming, Supervising) repre-sent an initial way of looking at liability thatmay be lurking at various procedures thatshould be employed by personal trainers andhealth club facilities. Screening, testing, evalu-ating, programming and supervising are theessential steps necessary to ensure that train-ers and health club staff work safely and effec-tively with members. It is also a way fortrainers to evaluate their own knowledge andthe legalities that impact each step.

Screening: The primary purpose of screen-ing members before permitting them toengage in physical activity is to determinewhether they ought to have a physical exam,including a clinical stress test, and whetherthey need medical clearance. Additionally,screening determines whether individuals areready for fitness testing and which tests areappropriate. A gym is clearly negligent if itfails to provide pre-activity screening becauseit places members at an increased risk forexperiencing exercise-related incidents thatcan lead to injury, and possibly, death.

Testing: Improper testing can really exposethe club to liability in a number of ways. Clubowners and trainers must understand and fol-low a strict protocol to ensure testing accura-cy and safety. During pretest instructions, allmembers should be required to read and signan informed consent for exercise testing. Thislegal document informs the member ofknown risks associated with the tests. Theexaminer should be sure to walk through eachof the content areas of the informed consentand ensure that all questions are satisfactorilyanswered. The verbal litany spoken before the

test should be consistent with the content inthe document to avoid a claim of coercion orduress. An example of unsafe testing would beadministering a three-minute step test (7.4MET level) to a very low fit individual withmultiple risk factors. This could be compara-ble to administering a maximal stress testwithout the availability of the safety net foundwithin medical settings.

Evaluating: Trainers must evaluate the datafrom the fitness tests along with the healthappraisal and be prepared to share such infor-mation with the facility member. An improp-er evaluation invites liability because it couldlead to improper program design. If a trainerevaluates an elderly individual improperly anddesigns a program suitable for a younger andfitter person, the trainer has violated the stan-dard of care. If that member is injured, thetrainer is vulnerable to a lawsuit.

Programming: Program design typically hasfive components: exercise mode, intensity,duration, frequency, and progression.Program design requires a high level of skill. Ifthe trainer does not accurately incorporateand manipulate these components into theexercise regimen appropriately and systemati-cally, the member does not maximize his orher training effort and could suffer injury. Forexample, if a trainer has not properly deter-mined a member’s correct target heart rateand/or provided other means for monitoringintensity, the member could be overstressed,perhaps initiating a cardiovascular event.

Supervising: Supervision refers to observingand directing activities in order to ensure theirsuccess and to avoid any untoward incidents.Supervision is the responsibility of manage-ment as well as each and every staff member.This is a common area of legal exposurebecause all too frequently members exerciseincorrectly without the benefit of staff aware-ness and timely correction. Of greatest con-cern is the sudden cardiac arrest that goesunobserved thereby leading to a delayedresponse and, consequently, a decreasedchance of survival.

ConclusionLiability issues abound in the health and fit-

ness industry. Gain as much knowledge aspossible about legal issues, insulate yourselfthrough awareness of potential areas of negli-gence and remember that many times mem-bers in a workout environment may belooking for ways to hold you legally responsi-ble for something, or for nothing at all.

References1. American College of Sports Medicine 2007. ACSM’s

Health/Fitness Facility Standards and Guideline, 3rd ed., pg. 15.Champaign, IL: Human Kinetics. (This reference reflects themost-recently published version of this text — 3rd edition, 2007.

2. Baechle, T. & Earle, R. 2004. Essential of Personal Training,Champaign, IL: Human Kinetics.

Legal Aspects... Continued from Page 9

SELF-TEST #1 (1 CEC): The following questions were takenfrom “Starting a Personal training Business” published inthis issue of ACSM’s Certified News, pages 1, 2, & 7.

1. What two key aspects should be included in a missionstatement?

A. Area(s) of concentration and the nature of the busi-ness.

B. Area(s) of concentration and the business entitytype.

C. Nature of the business and business location.D. Area(s) of concentration and business location.

2. Which of the following would be considered a compo-nent of a business plan?

A. Marketing strategiesB. Financial assetsC. Management overviewD. All of the above

3. The type of training or the area of specialty a personaltrainer works in would be included under which of the “fourEs”?

A. EducationB. ExperienceC. EnvironmentD. Expenses

4. The business plan is the entrepreneurial road map?A. TrueB. False

5. The corporation is considered the most complex of thethree business entities discussed in the article?

A. TrueB. False

SELF-TEST #2 (1 CEC): The following questions were takenfrom “The Business End of Personal Training” published inthis issue of ACSM’s Certified News, pages 3-4.

1. How does the lack of business expertise affect a personal trainer in the marketplace?

A. Trainers are unqualified to work with business clien-tele.

B. Lack of business skills, knowledge and abilitiesreduces capacity for upward mobility.

C. The trainer is limited in his or her ability to acquire ajob in the industry.

D. Many businesses require a business background forpersonal training.

2. Why are business skills more important to personaltrainers than other health care professionals?

A. Trainers do not have a formal referral process fromother health care providers.

B. Insurance does not reimburse for a personal trainer’sservices.

C. Trainers must work with accounting personnel forbilling and collection services.

D. Both A and B above.

3. Some universities recognize the need for business skillsand are now including business courses in marketing andmanagement for fitness professionals.

A. TrueB. False

4. The number of health and fitness centers has increasedby what percentage in 20 years time?

A. 50%B. 150%C. 300%D. 500%

5. For a personal trainer, compensation consistency isbased on two things:

A. Obtaining weight loss goals for clientB. New client salesC. Improvement of client strengthD. Repeat businessE. Both B and D

SELF-TEST #3 (1 CEC): The following questions were takenfrom “Marketing Essentials for Personal Trainers” publishedin this issue of ACSM’s Certified News, pages 5-6.

1. What are the projections for employment by the U.S.Department of Labor in regards to Fitness Workers over thenext decade?

A. Remain steadyB. Drop slightlyC. Increase about 10%D. Increase over 25%

2. Credentials and level of education among PersonalTrainers are fairly uniform.

A. TrueB. False

3. Which of the following was not mentioned as one ofthe 5 P’s of strategic marketing in this article?

A. Product B. PriceC. PotentialD. PromotionE. People

4. The author suggests that fixed and variable costs play aprimary role in setting a price for your CPT services.

A. TrueB. False

5. To create a memorable impression during the initial meeting with clients, the author suggests CPTs should ________ .

A. present yourself as a professionalB. live up to your marketing hypC. listen to the customeD. create a sense of urgency about getting starteE. All of the above

SELF-TEST #4 (1 CEC): The following questions were takenfrom “Legal Aspects of Personal Training” published in thisissue of ACSM’s Certified News, pages 9-10.

1. A personal trainer and a member had an argument inthe morning. Later in the afternoon, the personal trainerapproached the member and shoved him off the treadmillcausing the member to injury himself. Will the memberrecover under the theory of negligence?

A. Yes, because negligence is a tort.B. No, because the trainer’s conduct was intentional.C. Yes, because it happened in a gym while the trainer

was working. D. No, because there was no contract.

2. An agreement or promise between two or more par-ties that creates a legal obligation to do or not to do some-thing is referred to as a:

A. tort.B. contract.C. letter of agreement.D. promissory note.

3. Which element is not essential to proving negligence ina court of law?

A. Damage or injury occurred to the client.B. The damage or injury was caused by the trainer’s

breach of duty. C. The trainer failed to exercise the standard of care nec-

essary to perform that duty. D. The trainer must have been willingly and knowingly

aware that his/her actions would cause the harm to theclient.

4. Mark is a personal trainer in Philadelphia. He attendeda fitness workshop in Denver where he received a samplewaiver as a presenter’s handout, Mark should:

A. not use the waiver.B. reword the waiver later and then use it.C. have a Pennsylvania attorney review the waiver for legal

sufficiency.D. have a Colorado attorney review the waiver for legal

sufficiency.

5. Which of the following could invoke criminal penaltiesagainst a personal trainer?

A. Failing to ensure a cool down after aerobic activity.B. Overstretching a client and causing a severe muscle

tear. C. Writing out a detailed menu plan for a client.D. Not providing CPR upon a client’s sudden cardiac

arrest.

April–June 2008 Continuing Education Self-TestsCredits provided by the American College of Sports Medicine • CEC Credit Offering Expires June 30, 2009

11APRIL/MAY/JUNE 2008 | VOLUME 18; ISSUE 2 ACSM’s Certified News

To receive credit, circle the best answer for each question, check your answers against the answer key on page 4, and mailentire page with check or money order payable in US dollars to: American College of Sports Medicine, Dept 6022, Carol Stream, IL 60122-6022

ACSM Member (PLEASE MARK BELOW) Please Allow 4-6 weeks for processing of CECs[ ] Yes-$15 TOTAL $_________________[ ] No- $20 ($25 fee for returned checks)ID # __________________ (Please provide your ACSM ID number)

PLEASE PRINT OR TYPE REQUESTED INFORMATION

NAME

ADDRESS

CITY STATE ZIP

BUSINESS TELEPHONE E-MAIL

April-June 2008 Issue EXPIRATION DATE: 06/30/09SELF-TESTS SUBMITTED AFTER THE EXPIRATION DATE WILL NOT BE ACCEPTED.Federal Tax ID number 23-6390952

Tip: Frequent self-test participants canfind their ACSM ID number located onany credit verification letter.

ACSM’s

CertifiedNews® ACSM USE:

641294

12ACSM’s Certified News AMERICAN COLLEGE OF SPORTS MEDICINE | (317) 637-9200

ACSM’s Certified News ISSN # 1056-9677P.O. Box 1440Indianapolis, IN 46206-1440 USA

ward for many more opportunities to enhanceyour professional development through con-tinuing education.

Professional Advancement for theClinical Exercise Physiologist

The Clinical Exercise Physiology Association(CEPA) will debut this spring. As an ACSMaffiliate society, this Association is dedicated toadvancing the scientific and practical applica-tion of clinical exercise physiology. Memberswill enjoy such benefits as continuing educa-tion, career resources, networking, advocacy ofclinical exercise physiology, and legislativealerts and tools. Look for future announce-ments on membership with CEPA!

Exercise is Medicine™

The Exercise is Medicine™ initiative is offand running. This May has been deemedExercise is Medicine™ month. As a specialrecognition month, this is the time for allphysicians, patients and supporting organiza-tions and constituents to recognize, empha-size, and celebrate the valuable health benefitsof exercise. A special program called May-KitHappen was created so that professionals andmembers can participate in their respectiveprofessional and community settings.

Go to www.may-kithappen.org to find outhow you can both support the initiative andincrease your business by linking with physi-cians in the support of their patient’s physicalactivity efforts.

American Fitness IndexHow healthy is your hometown? A new

ACSM program may soon have the answer.The ACSM American Fitness Index™ (AFI),

with support from the WellPoint/Anthem Blue

Cross and Blue Shield Foundation, willresearch and measure numerous health-relat-ed variables to “score” the top 15 most pop-ulous cities in the United States. Currently,there is no single source of such information.

AFI is in its pilot implementation phase, andhas begun identifying and collecting city-leveldata on measures of healthy lifestyles and phys-ical activity. Upon collection of data, AFI willthen provide the general public with resourcesto become more fitness-oriented in their com-munities. These resources will be based on sci-entific sports medicine research, largely fromACSM, the largest sports medicine and exercisescience organization in the world.

AFI will also be recruiting health promotionpartners to spread the word about healthylifestyle initiatives. AFI, along with these part-ners, can improve the health and fitness of theentire nation by providing best-practice strate-gies to cities so that they may improve their fit-ness index score. As the program progresses, itwill then be easy to see cities progress inbecoming healthier places to live.

The Physical Activities Guidelinesfor Americans Act

On Wednesday, March 12, ACSM teamedwith several members of Congress toannounce The Physical Activities Guidelinesfor Americans Act. This proposed bill calls onthe government to update federal physicalactivity guidelines at least once every fiveyears, similar to nutritional guidelines, toensure that Americans are well aware of howmuch exercise they should be getting toremain healthy.

ACSM is committed to the quality ofACSM certifications and programs, and lookforward to sharing even more accomplish-ments in future columns.

News You Need... Continued from Page 1

Staying up to date with the ACSMCalendar of Events

Whether it’s upcoming dates, home studyopportunities, or upcoming conferences, you willfind the latest continuing education informationin the ACSM Calendar of Events atwww.acsm.org/coe. Calendar entries includeconferences endorsed by ACSM that offercontinuing education credits, as well as generalnon-ACSM approved programs that have beensubmitted to our office. If you would like to haveyour meeting reviewed for endorsement, select“Endorsement Application” to access theGuidelines for Endorsement and ContinuingEducation Credit application. For questions onACSM continuing education opportunities, theACSM endorsement process, or to receive themonthly calendar of events e-mail, pleasecontact the education department ateducation@acsm.org. For questions on non-ACSM endorsed continuing education that couldbe accepted for recertification, please contactBeth Muhlenkamp at certification@acsm.org.

DO YOU KNOWABOUT ACSMCURRENTCOMMENTS?

Visit www.acsm.org/cc