I totally agree!
Charging money, and providing prescribed meal plans and training programs can create a huge risk. Here in Canada (except Quebec), a person only has to be proven responsible for 1% of any damages/injuries to be on the hook for the entire thing. Liability waivers cannot stand up to scrutiny in courts.
Best of luck!
I wouldn’t worry about the legal issues so much. It doesn’t sound as if he’s out to ding you for money. Besides, you’re a student and you can’t get blood from a stone. I think you’re spending too much time thinking about what to do instead of doing it. You need to make a decision and roll with it.
As for your training, get the money up front for the whole month (or at least each week). I’d go for the whole month because this will keep him from quitting after a week.
I like your idea of consult then train. However, 4 days per week may be too much for a novice. It’s probably also not necessary. Start with 2 or 3 and work from there.
Let us know how things turn out.
I am not a lawyer either, but I have several as friends, and I can assure you that you really do not want to be training anyone who might be inclined to sue you, given that you don’t have a license or (as was mentioned) insurance.
Even major health clubs have problems with this as the “waivers” they have you sign are easily torn apart in the courtroom when there is injury involved.
Another heads up.
Also, I would definitely advocate charging something small. I have given free training advice to lots of people and you know what? It makes me feel really shitty when I give top-notch advice and people don’t take it, and go back to their Weider ways, munching Wendy’s and doing tricep kickbacks.
At least if you’re charging them you weed out the leeches.
RIT Jared
Yeah, this is not going to work. I don’t have a certification or business license or anything. If something were to happen, it would be pretty messed up if I put myself it that position. Training him with weights or gym workouts are def. out of the question. Talked it over with you guys, mother, and decided it really is not a great idea. Glad that wrench took out my turbo charger otherwise I wouldn’t have seen the brick wall I was likely to hit.
I wonder if nutrition advice/ consult would be ok to do still?
I already help some of my fellow students with advice in eating at the dining hall anyway. They actually want to start a nutrition club which I would be the president of. I thought it was a good idea so that I may be able to impliment changes to some of the lean protein selections available or lack there of at the dining hall. The dining hall already is getting a protein blend because of my asking them to.
thanks kinetix for your ideas dude. I would have used them. Maybe I can still do the nutrition though…
Surely helping them with their diaries and food selection can’t be that detrimental.
-Get Lifted
Get Lifted,
This may be a “weak” alternative and something that may not even work.
If your intent was to parlay the cash into Biotest supplements, then perhaps you could suggest if the people that you’re training with find your help useful they could give you a gift of one or more Biotest products. I believe that this would get around the liability issue - a bunch of guys lifting together, helping each other out, discussing nutrition, etc. The drawback here would be the overhead cost of shipping. (Hey Tim & TC, where are those Biotest gift certificates?)
This scenario relies on the honor system and the integrity of the group that you’ll be working out with.
$0.02 more for your consideration.
Not a bad idea at all. It is still iffy. Like I would be receiving pay in another form- That is, supplements. Except they would be considered gifts. Yeah gift certificates is an idea. I still think realistically it is the same. If it came down to it. The “judge” would know exactly what I was doing and still bust me. LOL
What you think about the nutrition only advice? In the end, its all under the table anyway. If I wanted to get extremely technical I could potentially get in trouble for not paying taxes on it as a means of income. LOL, Either way if I receive any money, gifts, or supplements it is going to be illegal. I guess it is now a matter of which is less likely to get me in trouble. Sick, Sick world! LOL
Training is out. Nutrition advice may still be a possibility… Gifts are still a possibility.
It would have to be done is such a way that I would have to make it clear as soon as the “gifts” stop coming so does the training.
What about Paypal He could send it as a gift?
I would not request it using paypal. He could “send” it to a friend as a gift.
Is this a possibility?
-Get Lifted
To end this decision and take it from there… whatever it may be, which do you guys think is less illegal as well as being most beneficial: LOL
a) Receiving money as a “gift” through paypal. Training and nutrition.
b) Receiving money as a “gift” through paypal. Nutrition only.
c) Receiving supplements as a “gift” for helping him train/nutrition advice. Like he would be more of a lifting partner rather than a trainee.
d) getting a gift certif. from T-nation for him to fill out as a gift to me.(supposing they have such things)
e) All the above are too risky, forget it.
Go ahead and open your manuals and… begin.
Thanks guys,
Get Lifted
Anything you do for the guy could have negative effects. Even if you give someone advice for FREE you could face problems. Newspaper headline “Student (put name here) gives another student guidance that ends in severe injury”. Of course, it could read “student starts nutrition and weight training club and many are reaching goals they previously thought impossible”.
You could just tell him the truth. Tell him that you’re worried about a possible law suit and be done with it. Of course, he’ll probably laugh at you.
It really is a sad state of affairs when someone who wants to help someone is discouraged for fear of a legal battle. That truly is disheartening.
[quote]Kinetix wrote:
Even if you give someone advice for FREE you could face problems.[/quote]
This is, unfortunately, a true statement and cases exist for which people have been taken to court because they gave someone advice.
Personally, I would opt for (c) or (e). I believe with the gift route there is no implied contract. (Where’s a contract law prof when you need one?) You have no legal claim to have the other party execute their part of the contract as they have never agreed to compensate you. (Ok, not entirely B&W thus a gray area.)
Yeah, this would be the best possible outcome. And frankly, if this is the outcome why shouldn’t someone opt for (c)? If I have a great meal with exceptional service, I’m generally willing to leave an above average tip. And the converse also applies. This is not out of obligation, but rather appreciation.
Good luck on however you approach this.
Pencils down, times up. Class which is the correct answer? That would be “C.”
Also some great advice through e-mail from big daddy.
He say’s I can give some nutrition “advice” but don’t be specific per se. Instead of prescribing a meal plan; “Eat this many meals at these times whith these foods” I can merely give suggestions based on a food diary HE keeps. Just “clean” (wink wink) it up and make some notes on his weak points. Don’t give specific supplements recommendations. Mention the positive and possible negative side effects and mention multiple supplements he may be interested in.
Ask him whats hes doing now for working out and ask him if he wants to “tag” along to the gym to work out with me. 
Also, thinking of kinetix statements about the club. I could make sure he is a member. The entire club would be about sharing “information only” not prescribing things for each person to do. “Just everyone sharing little bits of info they have trying to figure it all out.” LOL
They have clubs for everything else. This has to be the same kind of group activity going on in the other clubs.
I will just share information on studies and what seems to have worked for me and other people I have met.
The supplement gift idea is great.
I’ll use that and the ideas above.
bullshitting stops here----|
I am going to talk to him now, after this e-mail. I will let him know that I worry about possible problems with lawsuit. I will let him know he can’t pay me for helping his cause… But if he finds it helpful he is welcome to give a gift of 25 dollars/paypal/supps for each session[emphasis on*otherwise training may suddenly dissapear].( Clear bag, unmarked bills, put inside the outside trash can) Any police or assistance and mr. Rabbit gets it. Leave off that last part LOL.
I’ll then proceed to explain what he could do.
track his food for 7 days and then come to me when hes done and we can meet for an hour to give him some suggestions on what I would do or others have done. Hey even some supplements could assist him… “I don’t know” Maybe he could come to a workout tomarrow and workout.
If through paypal- Title it as a “gift: thanks for all the great times we have” LOL
Or. he can order the supps and drop them off with a big thanks for the great times.
or drop it it in an envelope with a little note saying Gift: thanks for all the great times"
I could keep the envelopes just in case.
-Get Lifted
P.S here I go
I think you’ve made a good choice. The main thing I would try to keep in mind is to only train people you know, and always train them with safety in mind. Show him how to properly dump a squat. Tell him that bench pressing should always have a spotter, etc.
Just be careful as far as your client list goes. If this guy likes his results, he’ll tell 5 people. If you train them and they like their results, then you’ve got 25 people banging on your door and you aren’t certified. If it comes to that, I would invest in a certification of some sort. With minimal studying you could probably pass ACE or ISSA, which aren’t the best, but markedly better than not having certification.
I do think you’re reading a bit much into it. You offer advice, he buys you a jug of protein. End of story. It’s a gift exchange.
On another note, I actually started a strength training club on my college campus. There is a great support system that offers a club bank account, advisors, insurance, etc. We can offer training advice, etc. and also we get a budget to buy magazine subscriptions, certain equipment, etc. So maybe you would want to look into that at your college too.
RIT Jared