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-   -   An article from ACE regarding lawsuits againt PT's (http://www.catalystathletics.com/forum/showthread.php?t=4082)

Patrick Donnelly 03-26-2009 11:49 AM

An article from ACE regarding lawsuits againt PT's
 
http://www.acefitness.org/article.as...09&itemid=2727

I found the intro to this article to be interesting. Two things there caught my eye. The rest of the article was good too, though hopefully something that most people would already know from common sense.

Mike ODonnell 03-26-2009 02:06 PM

Many trainers aren't using common sense...and do think one size (all out) fits all....

Chris Salvato 03-28-2009 08:45 PM

Ehhhhhhh

Is it really that bad to give nutrition advice as a trainer? I think sports nutrition goes way beyond the scope of a registered dietician who recommends the god awful food pyramid...

Patrick Donnelly 03-29-2009 06:37 AM

Quote:

Originally Posted by Chris Salvato (Post 53923)
Ehhhhhhh

Is it really that bad to give nutrition advice as a trainer? I think sports nutrition goes way beyond the scope of a registered dietician who recommends the god awful food pyramid...

It can result in a big legal mess for you if something goes wrong. If all you recommend is "eat real food, and get some protein, carbs, and fat at each meal," then that's good enough advice that the client will do well, and general enough that you probably couldn't be accused of practicing dietetics. However, if you begin to give saying what food should be eaten or avoided, or give any advice that would be considered crazy by the masses ("avoid grain," "fast for 18hrs a day," "eat cholesterol-filled foods, it doesn't matter," etc.) and the client has some sensitivity/intolerance/condition that causes things to go kaplooey... Wouldn't end well.

Chris Salvato 03-29-2009 08:03 AM

What if you preface that information with "I am not qualified to give this advice on a professional level and I don't know all of your ailments (such as high blood pressure, etc etc) -- but in my experience i have seen great results with X Y and Z. You should check with your doctor to see if it is ok to experiment with such things."

I dunno seems pretty strict considering people like Tony Horton make up a day by day, meal by meal plan for people and don't get in trouble with their "One-Size Fits All" approach.

Liam Dougherty Springer 03-29-2009 10:02 AM

Talk to a qualified lawyer about this.... You will need a contract for sure, it is a big hassle.

The best thing you could do for now is present them with information to educate themselves and say "this is what I do/have done in your situation". Then you are being more of a life coach or even better just a helpfull friend shareing experience.

Mike ODonnell 03-29-2009 10:33 AM

Quote:

Originally Posted by Chris Salvato (Post 53923)
Ehhhhhhh

Is it really that bad to give nutrition advice as a trainer? I think sports nutrition goes way beyond the scope of a registered dietician who recommends the god awful food pyramid...

If you go to court over it (but doesn't mean it isn't happening.....just have to know how to tap dance around "recommendations" vs "telling" a person what to eat)

Arden Cogar Jr. 03-31-2009 11:27 AM

The article has good advice that I would recommend to anyone that trains professionally. I had no idea that the liability insurance for personal trainers was so cheap. That $180 per year premium shocked me. That tells me, as a civil defense attorney, that personal trainers have NOT been sued with any great frequency. Moreover, I would question what that policy (referred to in the article) actually covers. Odds are it would exclude a lot of the things discussed in the article.

All the best,
Arden

Patrick Donnelly 03-31-2009 05:55 PM

Quote:

Originally Posted by Arden Cogar Jr. (Post 54148)
Moreover, I would question what that policy (referred to in the article) actually covers. Odds are it would exclude a lot of the things discussed in the article.

That's something I'm a bit concerned about too. I don't plan on renewing my insurance through ACE's discount company again unless I can make sure it'll cover me, both in my business and personally. But of course, insurance is just the reverse-lottery. Playing it safe is the best thing you can do. No "Cindy's" with jumping pull-ups on a client's first day...


Chris, I only give the general advice of "eat real food," along with Scott Kustes' article (Nutrition 101: Eat Real Food), Robb Wolf's "Shopping," and some papers to log stuff on. For most people, that's all they even need anyway, assuming you'll be able to convince them to change their diet at all. I've never actually had any client for long enough to get to such an advanced stage where things like IF or Paleo might become important. If I were to have a client for several months, and I had proven myself to be a reputable trainer, I might explain it as an "option," but not as any sort of "recommendation." Most people won't even need it, though.

Chris Salvato 03-31-2009 06:02 PM

I'm not a trainer, but I considered it...

I would only want to take clients who would change their diet though...if they don't want to change their diet...whats the point?

Committing to an exercise plan without wanting to commit to a dieting plan is like wanting to fix up an old junky car into a badass hotrod but refusing to ever change the oil.


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