Barbara Zabawa, a wellness law expert with 25 years of experience and the owner of wellnesslaw.com, joins the conversation to demystify the legal landscape for fitness professionals. She explains the key differences between certification and licensure, and reveals why many trainers misunderstand their legal protections. The discussion covers scope of practice, outlining when trainers should refer clients to licensed healthcare providers. Additionally, Zabawa warns about the surprising legal risks of online training, highlighting the need for better industry standards.
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insights INSIGHT
Certifications Are Not Legally Required
Certification is voluntary legally; no state requires it to practice personal training.
Employers and insurers may require certifications as private rules but not by law.
volunteer_activism ADVICE
Refer Injured Clients Appropriately
Refer clients with injuries to licensed healthcare professionals.
Work with clients motivated to improve wellness without existing injuries.
volunteer_activism ADVICE
Use Waivers Correctly
Use waivers properly by explaining them fully to clients.
Make sure clients understand and assume risks to strengthen liability protection.
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Professor Barabara Zabawa owner of wellnesslaw.com and author of
Quick & Easy Wellness Law: "No Fluff" Answers to Wellness Practitioners' Most Common Legal Questions & Law for Fitness Managers and Exercise Professionals
What's the real difference between certification and licensure? Can a waiver actually protect you from liability? Where exactly is the line between personal training and physical therapy? These are the critical questions facing fitness professionals in what legal expert Barbara Zabawa calls "the Wild West" of wellness law.
In this eye-opening conversation, Professor Zabawa—a wellness law specialist with 25 years of experience and author of "No More Wild West: The Need for Standards in the Wellness Industry"—cuts through the confusion surrounding fitness industry legalities. She reveals why certifications aren't legally required (despite what many believe), explains how gyms and insurance companies create private requirements that feel like legal mandates, and offers a sobering look at when waivers actually protect you—and when they absolutely don't.
The discussion takes a particularly practical turn when addressing scope of practice concerns. Zabawa describes the "ideal client" for non-licensed professionals and the red flags that should prompt referrals to licensed healthcare providers. For trainers working online, she shares a surprising legal risk many never consider: being held liable for visible hazards in your remote client's environment.
Perhaps most valuable is Zabawa's insight into why more injured clients don't sue their trainers (it's not what you think), and the specific steps fitness professionals can take to protect themselves legally. Whether you're a seasoned trainer or just starting your fitness career, this conversation provides crucial knowledge that could save your business and reputation.
Looking for more protection? Check out Professor Zabawa's book "Quick and Easy Well
Want to ask us a question? Email email info@showupfitness.com with the subject line PODCAST QUESTION to get your question answered live on the show!
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