A waiver is a legal document which protects someone who wants to reduce their risk of liability. Reducing liability is important for businesses, especially those that facilitate risk-related activities. 

As a gym operator, it is feasible that accidents or injuries may occur while clients are exercising. A gym waiver is a specific agreement between the clients and the gym whereby the client will give up their ability to sue if any injuries, damage or loss were to occur. The document will also outline the risks associated with the activities carried out in the gym. These risks must be acknowledged and accepted by clients prior to commencing. 

It’s important to remember that there are some exceptions to the release of liability. You won't be protected by a waiver if an incident is caused by some forms of negligence or misconduct on behalf of your business. It is highly recommended that all waivers be reviewed by a lawyer. 

What is a Gym?

A gym is a business where clients can come to exercise using machines, weights, cardio equipment and other exercise devices. Oftentimes gyms are indoors, but some more contemporary gyms ultilse outdoor space as well. 

Research 

Before you get going on starting your own gym business you should do your research early on will ensure that everything is in order, when you launch. You should consider the cost of your services and what you will be providing. In determining your price, you must look into your competitor’s charging rates. 

Ideally, the cheaper your services the more inclined customers will be to contact you. However, you must be careful not to make your services too cheap for two reasons. Firstly, you need to make sure that you are making a profit. Secondly, you do not want customers to assume that your prices are low because the quality of your services are compromised. 

Location

Your location is probably the most important aspect of your business when looking to open a gym so all related decisions will be vital. To start, you need to understand your target demographics in order to cater to their needs. For example, you can create a gym to deliver a family atmosphere where most of the equipment will be cardio machines and deliver weight loss programs. 

On the other hand, if you want to target a younger demographic, you will need to have more weights and equipment. Finding a balance between the two is preferable to maximise memberships.

You should also consider these factors when searching for a premises:

• Size of the facilities
• Proximity to shopping centres, competition and public transport
• Rent cost
• Lease terms

Nowadays, people go to gyms for a full experience rather than just a simple workout. Hence, your gym should be more than an iron paradise. Try incorporating health shops, cafes, nutritionists etc where customers can feel comfortable spending their time.

Opening Hours

Nowadays, people often prefer gyms with 24/7 access. Although customers desire this, it may drive up the costs substantially so it is an important consideration to think through. Additionally, you will need to consider appropriate safety precautions if you choose a 24 hour model.

Cost 

When considering how much it will cost to open a gym business, it is important to understand what niche your gym will fit into. Is your gym going to focus on weights or cardio? 

Similarly, do you want to run classes or just provide the equipment? You should research how much the machines cost and how it will fit into your business plan when looking into opening a gym from scratch in Australia. 

Legal Requirements for Opening a Gym Australia

Running a gym involves a range of safety and occupational health hazards you will need to be aware of. You will own a duty of care towards your customers and employees.

Gym Waiver 

A gym waiver such as this will provide you with a base level of protection and release from liability.

Membership Contracts

Your customers will be the lifeline of your business so understanding their needs are key when creating membership packages and marketing your gym. Your membership packages should consider:

• Free trials
• Length of membership
• Flexibility of membership
• Which facilities the membership gives access to

Once the membership packages are ready, it is essential you draft the terms and conditions of your gym. This document should outline:

• Calculation of fees
• Cancellation of memberships
• Responsibility in the case of an injury
• Events of late payment
• Dispute resolutions

Also, it is important to be in constant communication with your members to receive feedback. You should email them about any news, promotions, and events.

Other Legal Documents you will Need

To get up and running, you should consider these legal documents so that you can protect your business. Some documents you should consider include:

• A Services Agreement can outline the service you provide so that your customer can know what to expect. 
• A Employment Agreement can outline your employee’s responsibilities and their obligations to your business. 
• A Tax Invoice allows you to create a formal request for payment and ensure your records are up to date. 
• A Non-Disclosure Agreement (Mutual) allows you and another party to share confidential information while legally forbidding either party from disclosing that information to any other person or entity.
• A Privacy Policy outlines how your business will use, store and collect your customers’ information.

Use this Gym Waiver if:

• You want to protect your gym from liability and potential lawsuits
• You want your customers to fully understand the risk they’re engaging in

What does the Gym Waiver cover? 

• Client responsibility to abide by gym rules
• Damage to equipment
• Release of liability 
• Negligence and misconduct
• Acknowledgement of risk
• Acknowledgment of physical condition
• Acceptance of terms

Other names for Gym Waiver include:

• Fitness Services Waiver
• Exercise Waiver