📋 Overview

Your gym or personal training business has received a demand letter alleging a client was injured during training. These claims can involve significant damages and require careful handling. Your liability waiver may provide protection, but California law limits what can be waived.

⚠ High-Stakes Claims

Training injuries can involve surgeries, permanent disability, and significant lost wages. Claims often range from $50,000 to $500,000+.

🛡 Waiver Limitations

California Civil Code 1668 prohibits waiving liability for gross negligence. Your waiver only covers ordinary negligence.

💰 Insurance Critical

Notify your liability insurance immediately. These claims should typically be handled by your insurer.

Common Personal Training Injury Allegations

  • Improper exercise prescription - Exercises inappropriate for client's fitness level or medical conditions
  • Poor form instruction - Failing to correct dangerous form leading to injury
  • Overexertion - Pushing client beyond safe limits, ignoring distress signals
  • Equipment misuse - Improper use of equipment or defective equipment
  • Failure to screen - Not properly assessing client's health conditions before training
  • Ignoring injury signs - Continuing training despite client complaints of pain

Our Pricing

  • 📄 Demand letter: Flat fee $450
  • ⏱ Extended negotiation: $240/hr
  • 📊 Contingency: 33-40% for strong claims
$450
Attorney Response on Letterhead

Waiver analysis, liability assessment, and professional response coordinated with your insurance if applicable.

Schedule Review

🔍 Evaluate the Claim

Assess the strength of your defenses by examining your documentation, the trainer's conduct, and the nature of the injury.

Liability Analysis

Factor Lower Liability Risk Higher Liability Risk
Waiver Clear, signed, specific to training No waiver or poorly drafted
Trainer conduct Followed standard protocols Ignored complaints, pushed too hard
Health screening PAR-Q completed, conditions noted No screening performed
Trainer credentials Certified, current credentials No certification or expired
Incident response Documented, appropriate care given No documentation, ignored injury

📄 Documentation to Gather

  • ✓Signed liability waiver
  • ✓Health screening/PAR-Q form
  • ✓Training agreement/contract
  • ✓Session logs and notes

📝 Trainer Information

  • ✓Trainer's certifications (current)
  • ✓Employment status (employee vs IC)
  • ✓Trainer's incident report
  • ✓Trainer's own insurance (if IC)

⚠ Gross Negligence Cannot Be Waived

Under California Civil Code 1668, liability waivers cannot protect against gross negligence - a conscious disregard for the safety of others. If the trainer ignored obvious warning signs, forced exercises despite protests, or acted recklessly, your waiver won't help. Ordinary mistakes in judgment may be covered; reckless disregard is not.

🛡 Your Defenses

California law provides several defenses for fitness businesses facing personal training injury claims.

Express Assumption of Risk (Waiver)

A properly drafted liability waiver that specifically addresses training risks, is clearly written, and was signed by the client before training can bar claims for ordinary negligence.

When to use: You have a clear, signed waiver that specifically covers personal training risks.

Primary Assumption of Risk

Participants in recreational activities assume inherent risks of the activity. Some risk of injury is inherent to exercise. This defense applies even without a waiver but doesn't cover risks beyond those inherent to training.

When to use: The injury resulted from inherent exercise risk, not trainer misconduct.

Comparative Negligence

If the client contributed to their injury (failed to disclose medical conditions, ignored instructions, pushed themselves too hard), their recovery can be reduced proportionally.

When to use: Client failed to follow instructions, didn't disclose health issues, or contributed to injury.

No Breach of Duty

If the trainer followed industry-standard protocols, held appropriate certifications, and acted reasonably under the circumstances, there may be no negligence at all.

When to use: Training was conducted per standard practices and trainer is properly certified.

Independent Contractor Defense

If the trainer was a true independent contractor (not just labeled as one), the gym may not be vicariously liable for their negligence. However, the gym can still be liable for negligent hiring or supervision.

When to use: Trainer was truly independent, properly vetted, and gym didn't control training methods.

🚨 Conduct That Defeats Waiver Protection

  • Ignoring client's complaints of pain or distress
  • Forcing exercises client said they couldn't do
  • Training despite known medical contraindications
  • Using exercises far beyond client's fitness level
  • Trainer was intoxicated or clearly incompetent
  • Equipment known to be defective

⚖ Response Options

Personal training injury claims typically involve insurance. Your response strategy depends on your coverage and the strength of your defenses.

Tender to Insurance

Notify your general liability and professional liability insurers immediately. They will typically take over the defense and any settlement negotiations.

  • Preserves coverage
  • Professional defense
  • Settlement within limits

Deny on Waiver

If you have a strong waiver and the conduct alleged is ordinary negligence (not gross negligence), respond citing the waiver as a complete bar to the claim.

  • Preserves position
  • May deter claim
  • Coordinates with insurer

Investigate & Respond

If facts are unclear, investigate thoroughly before responding. Interview the trainer, review all documentation, and assess the actual conduct before taking a position.

  • Informed decision
  • Identify weaknesses
  • Prepare defenses

Early Settlement

If liability is clear (e.g., trainer acted recklessly), early settlement may be cheaper than litigation. Work with your insurer on settlement authority.

  • Limits exposure
  • Avoids litigation costs
  • Obtains release

📊 Potential Exposure Analysis

Training injury claims can involve substantial damages

Medical expenses (minor injury)$5,000-25,000
Medical expenses (surgery required)$50,000-150,000+
Lost wages (recovery period)$5,000-50,000
Pain and suffering1-3x medical costs
Defense costs if litigated$25,000-100,000
TOTAL POTENTIAL EXPOSURE$50,000-500,000+

💡 Insurance Coverage Considerations

Most gym general liability policies cover personal training injuries. However, check whether your policy covers: independent contractor trainers (may need separate coverage), claims of gross negligence or intentional acts, and punitive damages. Notify your insurer promptly - late notice can jeopardize coverage.

📝 Sample Responses

Customize these templates based on your situation and insurance status.

Acknowledgment - Tendered to Insurance
Dear [CLAIMANT/ATTORNEY NAME], We acknowledge receipt of your demand letter dated [DATE] regarding injuries allegedly sustained by [CLIENT NAME] during personal training at [GYM NAME]. We take all injury claims seriously and have forwarded your demand to our liability insurance carrier for handling. The claim has been assigned to: [INSURANCE COMPANY NAME] [ADJUSTER NAME] [PHONE/EMAIL] Claim Number: [CLAIM NUMBER] Please direct all further correspondence regarding this matter to the insurance adjuster identified above. We reserve all rights and defenses, including but not limited to the liability waiver signed by [CLIENT NAME] on [DATE]. Sincerely, [GYM OWNER/MANAGER NAME]
Denial Based on Liability Waiver
Dear [CLAIMANT/ATTORNEY NAME], We have reviewed your demand letter dated [DATE] regarding [CLIENT NAME]'s claim. Prior to beginning personal training services, [CLIENT NAME] signed a Liability Waiver and Assumption of Risk Agreement on [DATE]. A copy of this signed waiver is enclosed. The waiver specifically addresses the risks of personal training, including the risk of physical injury, and constitutes an express release of [GYM NAME] and its trainers from liability for injuries arising from training activities. The allegations in your letter describe, at most, ordinary negligence in the provision of training services - precisely the type of claim barred by a valid California liability waiver. California courts consistently enforce such waivers for recreational fitness activities. We also note that: 1. [CLIENT NAME] completed a health screening form disclosing [RELEVANT CONDITIONS OR "no relevant conditions"] 2. Our trainer, [TRAINER NAME], holds current certification from [CERTIFICATION BODY] and followed standard training protocols 3. [Any other relevant facts supporting defense] Based on the foregoing, we respectfully decline your demand. We are prepared to vigorously defend any litigation and will seek recovery of attorney's fees if permitted by the waiver. Sincerely, [GYM OWNER/ATTORNEY NAME]
Request for Additional Information
Dear [CLAIMANT/ATTORNEY NAME], We acknowledge receipt of your demand letter dated [DATE] regarding [CLIENT NAME]. To properly evaluate this claim, we require the following information: 1. Complete medical records relating to the alleged injury, including: - Emergency room/urgent care records - Diagnostic imaging reports - Treatment notes from all providers - Any pre-existing medical conditions affecting the same body part 2. Documentation of alleged damages: - Itemized medical bills - Employment records showing lost wages - Any disability determinations 3. Detailed description of: - The specific exercise(s) allegedly causing injury - What the trainer allegedly did wrong - Any complaints made during the session - Prior training experience and fitness level Please provide a signed medical authorization for records related to this claim. We have placed our insurance carrier on notice. Response to your demand will be provided within [30] days of receiving the requested information. All rights and defenses are reserved, including the liability waiver executed by your client. Sincerely, [GYM OWNER/MANAGER NAME]
Response Asserting Comparative Negligence
Dear [CLAIMANT/ATTORNEY NAME], We have completed our investigation of the claim made by [CLIENT NAME]. While we dispute liability for reasons including the signed liability waiver, our investigation revealed significant comparative fault on your client's part: 1. [CLIENT NAME] failed to disclose [PRIOR INJURY/MEDICAL CONDITION] on the health screening form, despite being asked directly about such conditions. 2. On [DATE OF INCIDENT], our trainer specifically instructed your client to [DESCRIBE INSTRUCTION]. Your client disregarded this instruction and instead [DESCRIBE CLIENT'S CONDUCT]. 3. When our trainer observed [EARLY WARNING SIGN] and suggested stopping, your client insisted on continuing. Under California's comparative negligence system, your client's own conduct substantially contributed to the alleged injury. Any recovery would be reduced, and potentially barred, by this comparative fault. Combined with the liability waiver your client signed, we do not believe this claim has merit. We are prepared to defend any litigation and will assert these defenses. If your client wishes to discuss resolution, we would consider [NUISANCE VALUE OFFER OR "a mutual walk-away with release"], but we are not in a position to pay the damages demanded. Sincerely, [GYM OWNER/ATTORNEY NAME]

🚀 Next Steps

Immediate actions after receiving a personal training injury claim.

Step 1: Notify Insurance

Contact your liability insurer immediately. Late notice can jeopardize coverage. Provide the demand letter and any incident reports.

Step 2: Preserve Evidence

Locate all documentation: waiver, health screening, training logs, incident report, communications. Do not destroy anything.

Step 3: Interview Trainer

Get the trainer's written account of what happened before memories fade. Do this with an attorney if possible.

Step 4: Don't Admit Fault

Avoid apologizing or admitting responsibility. Express concern for the client without admitting liability.

Improve Your Risk Management

  • Waiver review: Have an attorney review your liability waiver for enforceability
  • Health screening: Use comprehensive PAR-Q forms and require medical clearance when indicated
  • Trainer credentials: Verify all trainers have current certifications and appropriate insurance
  • Session documentation: Train staff to document sessions, especially any complaints or incidents
  • Incident protocols: Establish clear procedures for responding to and documenting injuries

Get Professional Defense

Personal training injury claims involve complex liability issues. Get professional legal assistance to protect your business.

Schedule Consultation - $450

California Resources

  • Waiver Law: Civil Code 1668 (gross negligence cannot be waived)
  • Assumption of Risk: Knight v. Jewett (primary assumption of risk)
  • Comparative Fault: Li v. Yellow Cab Co. (California standard)
  • Statute of Limitations: CCP 335.1 (2 years for personal injury)
📝 Need to write this type of letter? See our Demand Letter Guide →