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Sued because client can't lose weight?

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txdadof2

Member
What is the name of your state (only U.S. law)? Texas

Forgive me if this is not in right forum, not sure if it should be under business operations or civil matters. And please forgive me if this sounds outlandish, I agree and was shocked when I received this email today.

I own a personal training business, sole proprietor. One of my clients purchased a 12 session package/ his last session was today. We have used these sessions over the course of 6-7 weeks (about 2 sessions a week). Upon the first training session we talk about nutrients, I do a cardio assessment, etc and talk about expectations outside of our training sessions. Client was given a cardio routine to do on own time and dietary recommendations to help with weight loss. I do measurements about every 2-3 weeks to make sure we are staying on track. 3 week measurement time came and client had not lost anything. I asked him how many days he was doing cardio outside of gym and how diet looked. His reponse was he "thinks" he is doing 3 days (while I deemed at least 4 days, preferably more necessary) and his diet is okay. At this time I reminded him what I had originally "prescribed" and said lets set a goal to get in at least 4 days over the next few weeks.

We did measurements again today to conclude our training sessions. Again, not an ounce lost. I asked again how cardio and diet was and received a vague response of "okay." I could tell he was on edge and in an effort not to cause a scene, I did not ask for specifics.

I just received an email from the client stating he felt I did not deliver satisfactory services, given that he did not lose any weight, and he wants a 100% refund back (500.00). If not refunded within two weeks, he would be taking this to court.

Can he do this? I held up my end of the deal, didn't I? I showed up to every session and took him on a safe and effective workout. I feel he did not hold up my expectations outside of our training sessions. Personal trainers do not have a magic wand. Clients cannot just show up and the pounds instantly drop off. There has to be blood, sweat, and tears OUTSIDE of the training session too.

Do I have anything to worry about? I have NO intentions on refunding money given that I worked those hours. Does he have grounds to stand on to attempt to take me to court because he didn't meet his expectations?
 
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Have you made any guarantees that he would loose weight? Also, did he sign any contract for services?

Usually these types of contracts have disclaimers to the effect that weight loss is dependent on individual effort, diet, medical history and no outcome is guaranteed or similar.
 

txdadof2

Member
Have you made any guarantees that he would loose weight? Also, did he sign any contract for services?

Usually these types of contracts have disclaimers to the effect that weight loss is dependent on individual effort, diet, medical history and no outcome is guaranteed or similar.
Hi, thanks for response. NO, I do not guarantee results. In fact it is funny you ask because that is the first question this client asked me prior to making the appointment. I NEVER guarantee results, for the sole reason I cannot control what they do outside of gym.

I do have a contract in place. It does not specify results though...just the general "waiver" of previous injuries, contraindications, cancellation and no show policy, etc.
 

txdadof2

Member
It SHOULD specify that you cannot guarantee results.
Understandable now. I have always had a great relationship with my clients, completely blind-sighted by this one. If we are struggling losing weight, they are always open to recommendations and asking "what can I do to improve?" I think this one just decided it was going to be too tough and gave up by session 4 and regretted dropping 500.00 (And I am only realizing this now since I got the email, if I had picked up on it sooner I MAY have offered a refund for services not rendered had he approached me in a friendly way). He completely shut down on me. Our sessions were quiet, little to no talking, he was very non responsive to me even saying "Have a good weekend!" much less if I tried to give additional recommendations.
 
You might want to look at similar contracts of colleagues or have a lawyer draft up language that there are no guarantees with your service.
 

txdadof2

Member
You might want to look at similar contracts of colleagues or have a lawyer draft up language that there are no guarantees with your service.
Will do from now on. Where do I go with this situation. Does this ex-client stand a chance of sueing me for a refund when I showed up and performed my part of the obligation?
 
Will do from now on. Where do I go with this situation. Does this ex-client stand a chance of sueing me for a refund when I showed up and performed my part of the obligation?
They could sue for an implied guarantee. I don't think they would win but that's not a certainty. You can always run your situation by a local lawyer and get their take.
 

xylene

Senior Member
Even if you have a contract that has "No Guarantees" (which you should have to protect yourself)...

People can sue you.

They will lose.

This guy does not have a case, even without the 'no guarantee' of weight loss because he has no contractual guarantee of weight loss.
 

txdadof2

Member
Thank you guys, I feel better! I have not responded to client's email. Should I? Or just ignore and wait to see how he proceeds?
 

xylene

Senior Member
Thank you guys, I feel better! I have not responded to client's email. Should I? Or just ignore and wait to see how he proceeds?
I believe you should ignore him, lest you inadvertaly say something that could hurt your position.

He hasn't sued you, so at this point it is all talk, and MANY people are all talk.

BUT - if you are sued respond immediately and do not ignore it!
 

Zigner

Senior Member, Non-Attorney
Personally, I would go with a single response along the lines of: I feel that I am under no obligation to refund any money to you. Good day.

THEN ignore him.
 

Stephen1

Member
I have always had a great relationship with my clients, completely blind-sighted by this one.
Great relationships do not require contracts. Contracts are needed when relationships become less great. Since one cannot tell which relationships will stay great and which will not, a good contract is needed ALL the time.
 

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