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My son is a personal trainer and he is working w/clients in my basement. What language can i use to protect me from liability?

Washington, DC |

this is what i wrote:
Name
Date
phone:
By signing the above, I acknowledge that the residence owner of 2108 2nd Street and trainer shall not be responsible for any for any injury, death or damage to person or property which may arise as a result of my participation in physical fitness exercise.
please tell me what you think

Attorney Answers 3

Posted

What you want is a legally valid and enforceable waiver of liability, which may be possible to an extent, but not necessarily under all circumstances. Drafting such documents properly requires an experienced lawyer if you want it done properly. The nature of this site is not to provide free legal drafting services , especially in areas involving significant liability exposure. You should consult with an experienced lawyer, who can better advise you after exploring all the issues and deliver a properly drafted liability waiver. In the meantime, you should require your son to incorporate or form an LLC, have all contracts with clients signed with that entity, and have the company purchase a comprehensive commercial liability policy providing at least $1,000,000 coverage. Such policies are relatively inexpensive and well worth the cost. If you own your home, then you should contact your homeowner's and auto insurer and inquire about purchasing an umbrella policy of $1,000,000 or more for your personal liability. Umbrella coverage only costs a couple hundred dollars per year, and is well worth it.

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Posted

This is not the proper forum to give you this kind of advice. You basically want us drafting a contract with you. But there are many other issues involved like whether your son is allowed to do this in your home, whether you are going to be jointly liable for any injuries of his clients, whether obtaining insurance for third party injuries, or forming a company.....I would strongly encourage you to hire an attorney in your area. Best

This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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Posted

What you want is a waiver of liability clause but that may not protect you under many circumstances

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