The growing enthusiasm among young people for training in gyms not only represents an opportunity for operators, but also brings with it legal challenges. Particularly in the case of minors who have not yet reached the age of 18, special legal requirements must be observed.
Children under the age of seven are excluded from contracts as they are considered legally incapable. Young people between the ages of seven and eighteen, on the other hand, have limited legal capacity, which means that they can generally enter into contracts if they do not suffer any legal disadvantages as a result. However, as gym membership is associated with a regular payment obligation, this does not fall under this and the consent of all legal guardians is required. This point is often not given sufficient consideration in practice and can lead to problems if not all the necessary signatures are present.
In order to ensure legal certainty and avoid complicated parental custody checks, some studios use a simple solution: a parent or guardian signs the contract as a member, while the underage young person is listed as a user. This model minimizes risks for the studio, as the adult member is liable in the event of outstanding payments, and simplifies the process for everyone involved. In legal terms, this is a contract for the benefit of third parties.
In addition to contractual aspects, studios must also ensure that young people only train under suitable conditions. This includes an age-appropriate selection of training methods and equipment (which is particularly important when using strength equipment ) as well as special precautions at times when there is no supervisor on site. Professional instruction and, if necessary, the presentation of a medical clearance certificate are essential measures to protect the health of young people.
Should injuries occur, it is very important for the studio to document careful instruction in order to clarify liability issues. The studio's responsibility is limited to situations in which there is evidence of a breach of duty. Comprehensive precautionary and safety measures are therefore essential.
Editorial team fitnessmarkt.de
Source: fitness Management
Image source: #733132651 Galina / stock.adobe.com
Published on: 7 March 2024