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Hi, I was injured at my gym and have become aware of a licence the gym owner has with the PT that caused my injury.
The licence has all sorts of content in it including dictating how much the PT should charge, advising of absence, networking anywhere else etc etc, but also
states that the PT is not employed by the gym, ie they don't pay their salary etc, and are not liable for any claims against the PT etc.
The issue I have is that while the licence may act as a disclaimer for the gym owner, it wasn't signed!!!
Given the licence is therefore invalid does that now make the gym owner liable?
Also the injury log completed by the gym manager was completed without advising that the the PT was a contractor. There is a section which is required within the injury log that requires
any details to be complete for a contractor, but the club manager clearly knew the PT was effectively an employee and didn't complete this section.
Can anyone advise what happens in circumstances like these. The club are clearly trying to wash theirs hands of the PT re their legal responsibilities, yet even the PT said if I want his personal insurance details I had to contact the club, so there is a really muddy/unclear line here, when trying to define if the PT is actually a gym employee or not. Another point which may help is that although I had
numerous training sessions with the same PT, I was never provided with an invoice which makes me suspicious re his tax position as well.
Because the club and PT relationship is very muddy, I am concerned that the Owner Liability Act 1957 is being confused in the clubs response as well. They are simply focusing on the suitability and quality of their equipment, but are overlooking their duties to their 'visitors' i.e. me where by they have not ensured their PT is suitably trained etc
Also the clubs advertising also states 'their' PTs on their website and the photos used for each PT is in a club branded 'uniform'
Any help much appreciated.
The licence has all sorts of content in it including dictating how much the PT should charge, advising of absence, networking anywhere else etc etc, but also
states that the PT is not employed by the gym, ie they don't pay their salary etc, and are not liable for any claims against the PT etc.
The issue I have is that while the licence may act as a disclaimer for the gym owner, it wasn't signed!!!
Given the licence is therefore invalid does that now make the gym owner liable?
Also the injury log completed by the gym manager was completed without advising that the the PT was a contractor. There is a section which is required within the injury log that requires
any details to be complete for a contractor, but the club manager clearly knew the PT was effectively an employee and didn't complete this section.
Can anyone advise what happens in circumstances like these. The club are clearly trying to wash theirs hands of the PT re their legal responsibilities, yet even the PT said if I want his personal insurance details I had to contact the club, so there is a really muddy/unclear line here, when trying to define if the PT is actually a gym employee or not. Another point which may help is that although I had
numerous training sessions with the same PT, I was never provided with an invoice which makes me suspicious re his tax position as well.
Because the club and PT relationship is very muddy, I am concerned that the Owner Liability Act 1957 is being confused in the clubs response as well. They are simply focusing on the suitability and quality of their equipment, but are overlooking their duties to their 'visitors' i.e. me where by they have not ensured their PT is suitably trained etc
Also the clubs advertising also states 'their' PTs on their website and the photos used for each PT is in a club branded 'uniform'
Any help much appreciated.
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