As a Pilates instructor, you may choose to ask clients to sign a client waiver before attending classes. This is an optional document which some instructors choose to implement into their Pilates business. While a client waiver will not stand up alone in a court of law, it can reduce the risk of being sued by clients. However it is important to note that a client waiver does not offer full protection if the Pilates instructor is negligent.
Unfortunately Studio Pilates is unable to provide a sample client waiver as this document will depend greatly on your individual Pilates business and the type of classes which you are running.We recommend contacting a lawyer and having a waiver created specifically for your business.
In recent conversation with our recommended insurance provider, JUA Underwriting, we were informed that it is very rare for Pilates instructors to be sued in Australia. If anyone is sued, it is most commonly due to equipment malfunction or the fact that a client is given an exercise that is not suitable for their condition and they injure themselves further. In the very rare case that you were sued by a client, the following evidence or steps would help your case rather than relying solely on a client waiver –
1. Signed client waiver
As mentioned above, a client waiver can be a useful document to reduce the chance of being sued by a client. However instructors should not rely on this alone.
2. Hold current instructing insurance
All instructors should hold current instructing insurance to protect you in the case of accidents on the rare case of being sued by a client. Unfortunately Studio Pilates cannot recommend how much insurance you take out as this is a personal decision. Insurance coverage usually starts at $1 million but can go up to the tens of millions. It is your choice how much coverage you want to take out. Some factors which may influence your decision on how much coverage to take out may be –
- Whether you are instructing ‘high risk’ clients (such as very injured clients, pregnant women or children)
- How many classes you instruct a week (if you are instructing full time, you have greater exposure to clients and may wish to take out more insurance)
- Whether the business you work for also has their own insurance which covers you as a second level of protection (in which case, you may choose to take out less personal insurance as you have 2 levels of coverage)
For more on insurance, click here.
3. Maintaining a cleaning or maintenance log
This is especially important if you are using Pilates equipment like the reformers, balls, circles or bands.
- Example cleaning and maintenance for reformers would be checking for warped springs and replacing, checking for cracks in upholstery, washing hand straps, cleaning machines as per manufacturer’s guidelines, checking that footstraps are locked in with carabiners etc.
- Example cleaning and maintenance for bands would be checking for nicks or cuts.
- Example cleaning and maintenance for balls would be checking for nicks or cuts, adding more air to balls etc.
Keeping and maintaining a log like this can go a long way to show that you have done everything in your power to ensure that any equipment used is safe, clean and maintained regularly to ensure client safety.
4. Maintaining confidential client notes
Depending on the type of class you take, we recommend keeping and maintaining confidential client notes. This is especially important if you are taking injured or pregnant clients. An example client note would be –
“Maria came in with lower back pain today from gardening over the weekend. We stayed in tabletop for abdominals (no leg extension). No pain experienced during class. T-Zone activation was a little bit weaker, but we focused on keeping this on and tight with every exercise. Was okay to lie prone for arms”
Maintaining client notes such as these can go a long way to show that you have done everything in your power as an instructor to keep a client safe with modifications and exercises given.
5. Holding a current first aid certificate
As a Pilates instructor, it is recommended that you hold a current First Aid certificate in addition to your Pilates insurance.
You can complete First Aid training from many different education providers such as –
- ST JOHNS
- ROYAL LIFE SAVERS
- TAFEs around Australia
Summary
- Client waivers are optional documents which some instructors choose to get their clients to sign
- Studio Pilates International is unable to provide a sample or template client waiver as this is based on your individual business needs
- Instructors should not just rely on a client waiver, but also consider other good business practises to reduce the rare chance of being sued ie. completing regular cleaning/maintenance logs and maintaining confidential client notes in addition to holding current insurance and a first aid certificate
