Legal checklist before you open a gym

Who to talk to

1. The premises

• Is gym or sports use permitted in this building? If not, how long does a change of use take?
• Is there a separate permit to open a sports facility to the public?
• Which fire safety, occupancy and accessibility rules apply?
• Do signs on the building need their own permit?
• Are there noise limits or opening-hour limits for this area?

What to measure and ask about a space before signing has its own guide. Choosing a space for your gym or studio

2. The business

• Which legal structure fits: sole trader, partnership or company?
• Where do you register, and which tax numbers do you need?
• Which sales tax rate applies to memberships, classes and personal training?
• Which invoicing rules apply? Some countries require certified invoicing software.
• Do you need to register as an employer before hiring?

3. The people who coach

Some countries regulate who can run a fitness facility or coach in one. Portugal, for example, requires every fitness facility to have a technical lead with a professional licence, and coaches with their own licence. Other countries leave it to the market and to insurers.

• Does the law require a licensed technical lead or head coach?
• Do coaches need a national licence, beyond brand certificates?
• Does your insurer require specific qualifications or first aid training?
• Are your coaches employees or contractors, and what does that change?

4. Insurance

• Public liability: injury to members and visitors.
• Professional liability: claims about coaching advice.
• Property and contents: equipment, fit-out, theft, water damage.
• Member accident cover, where the law requires it. Portugal does, for example.
• Employer's liability or workers' compensation, if you employ staff.
• Exclusions: check each movement you teach, from Olympic lifting to outdoor runs.

5. Membership terms and waivers

Your membership terms are a consumer contract, and consumer law decides what they can say. Write them in plain language, and have a lawyer check them against local rules.

• Price, what it includes, how it renews and how to cancel.
• Notice periods, pauses, refunds, and what happens if the gym closes temporarily.
• Cooling-off rights for memberships bought online. In the EU, the general period for distance service contracts is 14 days, with exceptions.
• Any rules on automatic renewal or minimum terms in your country.
• Booking rules: cancellation window, no-shows, waitlist.

A waiver records what a member declared and that they were told what the training involves. In some countries it cannot exclude liability for injury caused by negligence. Treat it as a record, not a shield, and ask a lawyer what it can and cannot do where you are.

6. Data protection

A gym holds personal data, and often health data from waivers and intake forms. In the EU, the GDPR treats health data as a special category under Article 9. It also requires a written contract with any software provider that processes data for you, under Article 28.

• What do you collect, and why do you need each field?
• Who on the team can see health information?
• How long do you keep data after someone leaves?
• Do you have consent to send marketing messages?
• Do your software providers have a data processing agreement with you?

7. Music

Playing music in classes can count as a public performance. Check whether your streaming service's terms allow use in a business. Some countries license songwriters and performers separately: Portugal, for example, has one licence for authors and another for producers and artists. Ask which ones apply to a gym where you are.

8. Notices and records

• Prices displayed the way consumer law requires, including taxes where it says so.
• Opening hours, house rules and safety procedures on display.
• A complaints procedure, and any official complaints book your country requires.
• Emergency information: nearest phone, emergency number, first aid kit location.
• An equipment maintenance log and an incident log.
• Proof of insurance, where the law requires it to be displayed.

Safety on the training floor

Much of what keeps members safe is not a licence but a habit. Write these down before opening, so every coach does them the same way:

• A first aid kit in a known place, and coaches trained to use it.
• An emergency procedure: who calls for help, who stays with the injured person, who meets the ambulance.
• An incident log, filled in the same day, with what happened and what was done.
• Equipment checks before classes: collars, ropes, rig bolts, rower chains.
• A health question at intake, read by the coach before the first class.

Accessibility

Ask the authority which accessibility rules apply to a building open to the public: step-free entrance, an accessible toilet, door widths. It is cheaper to plan during the fit-out than to change afterwards.

When to start each item

The checklist, to print

Half this list is paper on a wall. It costs almost nothing, and it is the first thing an inspector sees.

If an inspector visits

Keep one folder, paper or digital, that anyone on the team can hand over in a minute:

• Permits for the building and the business.
• The insurance certificate, in force.
• Coaches' qualifications and any licences the law requires.
• House rules, safety procedures and the emergency plan.
• Equipment maintenance and incident logs.
• Music licences.

An example: what Portugal requires

To show how specific the rules can get, Portugal's Lei n.º 39/2012 requires every fitness facility to have at least one licensed technical lead and licensed coaches. It also requires accident insurance for people who train there, with a notice saying it exists. A set of house rules and an operations manual must be on display. Your country may require none of this, or more.

With Rummo

On paid plans, waivers are digital. Each person signs on their phone before their first class, and the signature is stored on their profile with the date. Roles and permissions decide who on your team sees what.

On paid plans, the waiver is digital and stays on each member’s profile. Member management