Waivers, agreements, employees, oh my!
When it comes to such topics in your business, you might not know exactly where to go and what to do. Are your staff members employees or independent contractors? Does your waiver cover you or is it incomplete? What will happen if your business partner suddenly leaves your venture?
Drew Amoroso is an attorney in San Francisco and the founder of Move Legal, a law firm dedicated to representing fitness, health and wellness, supplement and paleo food companies. After years of practicing law and CrossFitting at San Francisco CrossFit, Amoroso realized there was a way to bring his career and passion together. So, he began pursuing fitness law and in 2016, he opened his open firm.
Recently, he sat down with Heather Hartmann to discuss some of the biggest issues he has seen today among Affiliates within the fitness industry. Dissecting waivers, employees and agreements, Amoroso looks to better educate Box owners on the wide array of fitness law that is out there.
Take a listen and learn what you need to know about fitness law to make sure your business is protected:
- Drew defines fitness law and how he started practicing it.
- As a member of San Francisco CrossFit, he met a lot of new fitness companies.
- Interest in fitness + career = own fitness law practice!
- There are not many laws specifically written to govern the fitness industry.
- Waiver (noun): someone voluntarily waives their right to something.
- Oh! See the legal disclaimer below!
- The purpose of an assumption of risk agreement.
- Be clear about what the rights and responsibilities of both parties are.
- Spoiler: Not everything on the Internet is true! Thus, cobbling together waivers on the web generally doesn’t do the job.
- Keys to a good waiver: unambiguous terms, make sure it’s signed, etc.
- Keep and store waivers in a safe place.
- The waiver is only as good as the procedure that gets it signed and secured.
- Best way to get a good waiver? Go to an attorney.
- Look at going to an attorney as an additional insurance policy.
- One of the issues Drew deals with the most is a lack of agreement between business partners.
- Have a corporate structure in place. This protects owners from certain types of liability, as well as establishes a partner agreement.
- It’s not too late to form one of these partnership agreements!
- Having a solid legal foundation is just as important as great staff.
- Employee vs. independent contractors.
- Thousands of cases have looked at this, and there are some solid determining factors (cue Drew).
- Why you need to understand the difference.
- Drew the Debbie Downer is helping you protect yourself.
- There are different rules for full and part time employees, too.
- A commercial agreement is a contract between two business entities.
- Outline each sides’ rights and responsibilities, allowing you to contemplate the “What ifs?”
- Be aware of these issues and get a base understanding through blog posts (on Box Pro and Drew’s own site).
- Let an expert help you with fitness law.
NOTE: None of the information in this podcast is intended to create an attorney-client relationship. This podcast has been prepared for informational purposes only, does NOT constitute legal advice and is not a substitute for seeking legal counsel from an attorney.