Independent contractors in the fitness industry: Are you insured?

In a recent negligence lawsuit in Queensland, Australia, a national gym chain and its personal trainer (PT) have been sued by a client, who was diagnosed with rhabdomyolysis – the rapid breakdown of seriously injured skeletal muscle tissue that can severely damage the kidneys – as a result of an excessive training session (Branco, 2017). The company argued that the PT was an independent contractor and therefore it was not responsible for the actions of the PT, nor did it owe the client a duty of care to ensure PT services at the gym were “provided with due care and skill”.

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