Pilates Business Podcast

Protect Your Studio with the Right Insurance with Miriam from Alternative Balance

April 22, 2024 Seran Glanfield Season 17 Episode 162
Pilates Business Podcast
Protect Your Studio with the Right Insurance with Miriam from Alternative Balance
Show Notes Transcript Chapter Markers

This episode of The Pilates Business Podcast with host Seran Glanfield dives into the essential world of business insurance for Pilates studios.  

Join Miriam Ball, Chief Insurance Officer at Alternative Balance, as she unpacks the importance of liability coverage,  discusses general vs. professional policies, and clarifies coverage for independent contractors and employees. 

Learn about  unique considerations for the wellness industry, including cyber liability, the use of waivers and participant accident coverage. 

Don't miss insights on  reviewing your policy for changing needs and ensuring your studio is protected against business interruptions or property damage. 




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Speaker 1:

Okay, studio owners, get ready, because today we're diving into a topic that, although it might not be quite as exciting as that new kale salad recipe, trust me, it is essential. We're talking all about insurance Now. We know the amazing power of what you do and the impact that it has on the clients in your community. But even the most well-intentioned instruction and teaching can sometimes lead to unexpected situations, and that's where insurance comes in. It's there to protect you from financial blows across all areas of your business, for example, if a client ever alleges negligence, perhaps get accidentally hurt, or even in the instance where your equipment gets stolen. So today we're breaking down the why, the what and the everything you need to know about insurance in the world of wellness. Well, hi there, I'm Saren Glanfield. I'm a business and marketing strategist, just for boutique fitness studio. Owners like you, if you're ready to be inspired and make a bigger impact. Owners like you, if you're ready to be inspired and make a bigger impact, you're in the right place. All you need are a few key strategies, the right mindset and some support along the way. Join me as I share the real life insights that will help you grow a sustainable and profitable studio.

Speaker 1:

This is the Pilates Business Podcast studio. This is the Pilates Business Podcast. Welcome back to the Pilates Business Podcast. I'm Saran, and I'm absolutely thrilled that you're back here with me today, because we are covering a very important topic, something that we should all be perhaps a little bit more informed about, and that is why I brought Miriam Bell onto the show today. Welcome, miriam, I'm so glad you're here.

Speaker 2:

Yeah, thank you. I'm really excited to be here. Thanks for having me on You're welcome.

Speaker 1:

So Miriam is the Chief Insurance Officer and License Broker at Alternative Balance. Now, alternative Balance is an insurance company that actually focuses specifically on insurance for health, fitness, beauty and wellness profession, and Miriam has specialized in developing insurance programs for this industry for over 20 years, and it's been dedicated to actually supporting folks just like you with policies that truly match your needs and creating policies that are easy to understand and easy to follow, which is something I think we would all benefit from just a little bit. So I'm so glad to talk to you here today and I'm excited to dive into this topic. It's something that obviously is, I think, often overlooked in terms of just getting educated, so why don't we start at the very beginning? Why don't we talk about why health, wellness and fitness professionals need liability insurance, and maybe you can touch on whether it is the instructors and the studio owners, or both, that need a policy and how all that kind of works?

Speaker 2:

Sure, so the first reason people need insurance is basically, if something were to happen, you want to make sure that your business, your work, your personal finances, you're not going to be missing out on money, you're not going to be financially at a loss because someone sues you for something that you did. People are, you know, our bodies are very special to us. They're very precious and anytime you have somebody working on your body or working with you on your goals for your body, you want that to be successful. You want it to be a positive experience.

Speaker 2:

Um, and when it's not, people can get very um, litigious and uh, as we all know, especially in America, um, healthcare costs are really high. So if someone does get injured and they have to go to the hospital, medical costs are going to be very high. And if your client feels like they are out of pocket, paying a lot of money and they want reimbursement for that, they are going to come in and come back at you for that, because they will feel like you were responsible to protect their body and help their body be healthy. And you didn't do that is what they would be feeling, and so they would sue you to get that medical cost coverage or medical costs reimbursed to them essentially is what they're going to do, and if you don't have liability insurance, you could very well be required to pay out of pocket to reimburse that person, and you may even have to pay for their legal fees, which again those costs balloon really quickly.

Speaker 2:

And so liability insurance provides coverage for the defense costs for you. It covers settlements that you may have to pay. It covers, you know, maybe their medical bills if you're deemed to be liable for that injury. So it really protects your financial stability. And liability insurance is it's your insurance policy in case a third party gets injured, gets injured. So as, from a business perspective, liability insurance is kind of the biggest foundation you can have for your financial well-being, because that can break really quickly. So, yeah, and studio owners and individuals need this. It doesn't matter what point you are in your career. If you are working with people in fitness and wellness, anything like that, you definitely need liability insurance and you need professional liability insurance. That's the number one thing.

Speaker 1:

Okay, so people are going through, say, a teacher training. Is it at the point in which they start working with anyone else that they need to have this insurance? That would kind of be the point in which they would reach out.

Speaker 2:

Yeah, if there's any opportunity that you're going to be working with a client, even if you are just training, if you have like. For example, in a beauty school you've got cosmetologists learning how to cut hair but you have outside people coming into these salons while you're learning to cut their hair and you would still want liability insurance in that instance. Even though you're not fully licensed at that point, you are still working with other people's persons.

Speaker 1:

Right, exactly, and the coverage is important because people can get sued for all sorts of things. What sort of things do you see? Do you find that is most common? What situations do instructors or student owners find themselves in where they are getting sued for something that, during that period of time that they're teaching yeah, we see claims like old muscles people might get injured because of the equipment that they're working with.

Speaker 2:

Sometimes equipment breaks and that's not necessarily your fault, but your client is still hurt and they still have medical costs to cover. We also see, like on the nutritionist side, for example, people who maybe have an allergic reaction to something that you weren't aware of, and again that's medical bills. So pretty much any of that. We also see some things that fall under the general liability category, which is like the slip and falls. So if you have your gym equipment out and somebody trips on that and falls and like breaks their, have your gym equipment out and somebody trips on that and falls and like breaks their wrist, for example, we do see that kind of thing happening as well.

Speaker 1:

So what are the main differences between the general and the professional liability policies?

Speaker 2:

General liability is strictly kind of I like to think of it as an environment-based coverage. So, like I said, slip and falls. Somebody trips over a cord, somebody slips on water that's on the floor. It's not something that's directly related to your professional service. It's more related to the environment that they're in. Professional liability has to do with your recommendations, your instruction. As a professional, you are putting yourself out there as an expert in this industry and you're giving people advice for things to do. That's what a professional liability policy would cover you for is if you're sued because of that professional advice that you give.

Speaker 1:

And are there some specific clauses that are included in those? And are there some specific causes that are included in the plans that you put together that are sort of specific to this industry, that you might not get in a policy from a company that isn't specialized in the wellness space? Is there some specific things that you would recommend that people make sure they have in their policies?

Speaker 2:

Yeah, one of the things that's really important for especially fitness, I think, is the ability to work anywhere. A lot of general policies that you would get from just anybody will have location specific requirements where you have to say this is the address where I'm going to be working and if you go and work anywhere outside of that, they're not going to cover you. So that's something really important to pay attention to. Doing online services is another thing. That's something to pay attention to when it comes to policies specific for this industry versus just standard policies you might get for something else.

Speaker 2:

There's a lot of professional liability policies that are designed for industries that don't directly work with bodies necessarily so like accountants, lawyers, that sort of thing Whereas policies that are designed for fitness and wellness professionals are going to make sure to cover you for damages related to bodily injury, like they're not going to have sub limits that are limiting that sort of lawsuit. So paying attention to that's another thing to pay attention to is the sublimits on your policies. If you're having, if you get a policy from just a general broker or just a general insurance company out there that doesn't specialize in health and wellness, make sure that you read through what the sublimits are, because that could definitely restrict what benefits you have in the case of a claim.

Speaker 1:

Okay, that's so interesting and helpful. If you're a studio owner and you've got, say, a handful of people who work for you, is there a difference between having independent contractors and employees in terms of policies that you have in place or what policies you might need?

Speaker 2:

Yeah, some policies don't cover independent contractors. Alternative balance policies do not cover independent contractors. There's some additional liability that comes with that with contractors like 1099 contractors versus W-2 employees, because with the law, as an employer, you have certain responsibilities and accepting that responsibility for your employees actions, whereas 1099 contractors don't have those same limitations in relation to your business, and so it's it's important to make sure you understand the people that you work with, whether they are 100% classified as an employee versus 100% classified as a 1099, not just for business and taxes purposes, but also for your insurance policy. You don't want to be taking on additional liability that you don't need to be taking on.

Speaker 1:

Absolutely. And what other policies or protections would you also suggest that people add on to their policies or make sure are included?

Speaker 2:

There's a policy type called participant accident insurance and especially in the fitness industry that is a very, very important additional coverage to have because that kind of policy will pay the medical bills of your client who gets injured right away without them having to sue you right away, without them having to sue you.

Speaker 2:

You don't have to go through a whole big legal claims adjusting system and getting lawyers involved. It's more like a medical policy for them where they have a medical bill, they submit it for reimbursement and it gets reimbursed and that really really helps protect your reputation and your relationship with your clients, in addition to preventing lawsuits. So that's kind of heading off all the big problems of the past. Like, if you have participant accident insurance included on your policy, then you're a lot less likely to get sued and have to go through that whole process, which is stressful. It can be damaging. I wish it wasn't as hard to find as it is because it's super important. But if you have the opportunity to get that on your policy, especially as a fitness professional, like I said, that is going to be a huge benefit to your business.

Speaker 1:

Yeah, it sounds like that there might be a lot of gaps in policies if you're not using one that has been designed specifically for the wellness and fitness world.

Speaker 2:

Yeah, yeah, there can be. I actually just came across the policy a few months ago. I actually just came across the policy a few months ago, reviewing something for somebody, that there was a $25,000 sublimit cap on defense costs and that was kind of buried in there. And so that means that if they got sued and they needed legal representation, they only had $25,000 worth of coverage there out of the whole $2 million limit that they have. And most things don't go to court, right, 90% of lawsuits don't go to court, they get settled and the bulk of the cost goes to the attorneys. So I mean, you'd blow through that $25,000 so quickly. Yeah, yeah.

Speaker 1:

That's scary for sure. What other policies and add-ons? I know things like now. We all hold a lot of data on our clients. There's a lot of all sorts of cyber security issues. How does that all work and who's liable there and what is their protections that you can add there?

Speaker 2:

Yeah, having a cyber liability policy or a cyber liability endorsement on your professional liability policy can really help protect you if you do have client information that gets stolen, if you have a data breach and your clients are damaged, one of the big things that those policies will cover is the cost to notify your clients and pay for their identity protection for the next 12 months. The other part of that is every state has their own requirements for what you have to do if you do have a data breach, and so the cyber liability coverage will assign someone to you who knows what those requirements are, so you don't have to go to every state and look it up to make sure you're in compliance. They'll pay like regulatory fees. They'll pay to track down how the breach happened and stop it and help you get back on your feet. They also will provide like reputation management for your business.

Speaker 2:

So there's a lot of little pieces with cyber coverage that come into play that are really beneficial for your business, and we like to say, if anybody or if you are taking payments online or accepting client information online, for example, like client intake forms, that's going to be important for you, because that data can get intercepted and stolen at any point. If you are using a third party service to take payments, a lot of times people will think they're not liable for credit card information getting out there or hacked, because that third party service is responsible for that. But you can still be sued or be held responsible for your client's information getting stolen because you were the one who chose that third party service client's information getting stolen because you were the one who chose that third party service. So it's kind of any choice that you make for your business, you are still responsible for Right.

Speaker 1:

Interesting, yeah. What about, if so, if you're in a situation where you're an employer and you have someone working for you who is perhaps not behaving in a way with clients that you would want them to behave towards them? Or what sort of protection do you have in that kind of world or situation If there is someone who is perhaps too familiar with a client, or a client might feel that way? What does that look like from a liability perspective? Who's liable? The teacher or the instructor, or the employee or the studio owner?

Speaker 2:

Well, the studio owner, I think, would ultimately be held responsible in case there was a lawsuit against that employee if they were performing their duties.

Speaker 2:

If they were performing their duties and this lawsuit, you know the client felt harmed in some way in the process of those duties for your business, and so what happens is the client will sue the person, the individual like the employee, and they will also sue the company.

Speaker 2:

And so having sexual abuse coverage or molestation coverage on your policy will also help, which, if you have employees, that's going to be something that you want to include on your policy. Something even as simple as you're taking pictures of your class and you post that picture on your social media and you make some sort of joke about butts or something, something like that someone who was in that picture could feel attacked by that post and sue you for sexual abuse, and then you know your policy would respond to that if you have that coverage to protect you in that case or defend you. So that's another thing definitely to consider, especially if you have employees where you have a service, where you're touching your clients or your nearby, your clients like yoga instructors, massage therapists, those sorts of things yeah, super important, I think and and and.

Speaker 1:

So then the question that I get and I hear is and I get this up we do talk a lot about waivers. So what? How does that fit into this kind of conversation, and how much do they help to support your business in the situations where there is a claim made against you?

Speaker 2:

Waivers can definitely help. I mean, every state has their own restrictions and requirements for how waivers are applied in lawsuits. But the key with waivers is if you get a waiver signed by your client, that is a huge deterrent. If they are threatening to sue you If they got injured or they think they got injured, and they come at you and say, you know, I pulled my muscle and now I can't work and it's because of your class, you could show them the waiver and say, well, you know, it's because of your class.

Speaker 2:

You could show them the waiver and say, well, you know, that's kind of. We have these precautions in place and you accepted responsibility for the risks of doing this activity ahead of time, and so that just puts a little reminder back in your client's mind that okay, yeah, I did choose to participate in this and they're less likely to see you. So that's another avenue for avoiding a lawsuit. To begin with, it doesn't always work. I think we all kind of understand that if someone wants to see you and their heart's down that they're going to see you, they're going to find a way, yeah, but making sure that you get the waiver signed, even if they do continue with a lawsuit, that can still provide evidence that they fully accepted their own responsibility for that activity. So they're good to have, even if a lawsuit does move forward.

Speaker 1:

Right, and I'd imagine that it's important to have a waiver that has been written for your particular business. What review it for your business and your particular state is an important step to take.

Speaker 2:

But you know, if you're just starting out and you don't feel like you have the money for that, copying somebody's waiver from the industry that you're in is better than not having any waiver. So, with alternative balance, for example, we provide waiver templates, but we definitely always recommend that people have an attorney review that for their specific jurisdiction, just to make sure that they're not missing anything, right?

Speaker 1:

Yes, yeah, and so presumably that waiver should include a lot of the things that we've already talked about today and including things, like you know, you provided information to us and we can use your pictures however you like, like all of those sort of releases that are we've mentioned. You'd want to put those in that waiver. That's usually the place that people go that when you bring someone into the business, that's the only real time that you've asked them to sign any sort of specific paperwork or contract type of thing. So really as much as you can put on there probably is going to help be helpful to you in the long term for your business.

Speaker 2:

Yeah, yeah, you want to make sure that there's at least a hold harmless clause. And making sure sure that they understand there's a clause at the bottom that says I have read and I understand what's in this release form. Having the like a model release or a photo release included in that same document is valuable, for sure. Just to make sure that you don't miss it. There's no need to have someone sign two forms when you can have it all in one. So, yeah, that's important. Making sure that, like you mentioned earlier, that it mentions the specific business structure and here's the specific services that we're doing. You don't want it to be too specific, but make sure that you list all the things that you possibly could be doing as part of your service, right?

Speaker 1:

Yes, so we've talked about how you can protect your business in the event of something going wrong or a client interpreting something that you know and wanting to make a claim. But what happens when your business gets interrupted or something happens in the studio that damages your ability to generate revenue? What type of insurance, or does what insurance kind of covers interruptions to business and what does that look like?

Speaker 2:

So business interruption insurance usually goes hand in hand with business personal property insurance. So like, say, you have a Pilates studio and you have 20 Pilates reformers in your studio and something happens and they all get damaged, they're unusable so you can't hold your classes. Then the business interruption side of that would come into play and cover your lost income. It would cover your rent payments. If you have employees, it'll cover their salaries, utilities payments all of that, anything that your business is responsible for, including your income, would be covered under the business interruption. So that is important.

Speaker 2:

I think a lot of people think that business interruption coverage would cover things like COVID, for example, but most of the time, except in very, very specific circumstances, government actions are not covered. They're not included in that. It's not going to include communicable diseases, because one it's really really difficult to even identify where a communicable disease started. Who is responsible for that? And then, when it comes to government actions, there's usually other programs and other insurance that come into play in those situations, like we have the PPP program during COVID. But staying on top of that and making sure you know where to go to get that supplementary coverage is important. So that's something from a business perspective to stay on top of.

Speaker 2:

Another aspect of that is flood insurance. Most BPP policies or business personal property policies and business interruption are going to exclude flood, because we have a national flood insurance program. So you can purchase extra flood. But if you're leasing a space or renting a space for your gym or studio, the building owner is going to be responsible for damage caused by the flood. So that's something to remember. Also, if the building owner tries to put that on you as the tenant, you've got to push back on that because that's their responsibility, not yours.

Speaker 1:

Right, but fire and other damage really internal inside the studio would fall under business property.

Speaker 2:

Correct Usually. Yeah, that's something to read policy Right.

Speaker 1:

And then you'd be able to claim business interruption if you then were not able to continue for Correct. Yeah, yeah, okay.

Speaker 2:

Theft is also often covered with business personal property coverage, also often covered With business personal property coverage. It's a type of what's called inland marine, which basically just means the equipment is being moved from place to place, or it could be moved from place to place. So say, you have your personal training equipment with you and you go to clients' homes and somebody steals all your equipment out of your car. That's something that would be covered as well, even though it's not like in a studio, right, okay?

Speaker 1:

And a lot of these things are not covered in every single policy, right? If you went to any insurance company, they wouldn't always be covered, so it's really important to make sure that your policy really covers what you do and that it covers a lot of the situations or eventualities that might arise. I'm sure that, reading my policies, there's a lot in there that you have to know what you're looking at, to know what might be missing, and so if you're a business owner or a studio owner, or even instructor, what are the key things that you want to make sure that your policy includes and make sure that you are protected as best possible?

Speaker 2:

You want to make sure that it includes professional liability coverage. Is there?

Speaker 1:

an amount that you would recommend, or how does that work?

Speaker 2:

Well, generally with professional liability coverage, you're going to be looking at at least 1 million per occurrence, $2 million or $3 million aggregate. So you're probably not going to be underinsured in that sense. But I would think that nothing less than $300,000 is probably where you want to be. It's really really rare for any policy to be under that amount, so but if you do come across that, maybe be a little bit wary of that policy. But yeah, so generally you're going to be around 1 million per occurrence. 2 or 3 million aggregate is kind of the standard there.

Speaker 2:

Most of them don't have a deductible, so that's not something that you would need to really pay attention to. You definitely want to make sure that there are no sublimits or restrictions on defense costs. So pay attention to the exclusions. Make sure that there is no exclusion for fitness activities. If you do fitness activities. Also, you do want to try and get that participant accident coverage. That's going to be really helpful and beneficial to you. If you have equipment, make sure you get business personal property policy to cover that equipment. And I think when you're looking at what's overall included in these policies, just it's going to be more about what's excluded and making sure you understand what those exclusions are. If you're not sure, or if your policy seems really daunting to you and you want to make sure that you understand what you're covered for what you that's kind of.

Speaker 1:

What we're here for is to help you with that. That's our professional advice that we give, that's our industry. So we're more than happy to help make sure that you have the right coverage. Yeah, absolutely. And then I imagine it's sort of something that you know, we kind of. You know you buy the policy probably, you know you file it away. You kind of it's a check, you know we're checking the box. But the reality is that if there is ever a new service or a change in your kind of what you offer in your business well, premises or all of these things then you might want to come back and revisit your insurance policy, even if it's not necessarily due for renewal right.

Speaker 2:

Yeah, yeah, definitely. If there's a big change in your business, if you have a new piece of equipment, definitely reach out about your coverage just to make sure that you're still within where you need to be with that policy.

Speaker 1:

And then also if you hire people in there and then also if you perhaps add on-demand or virtual offerings as well, you want to make sure that's also included in policies. Or if you teach, I know your policy covers you wherever you are in the world, but if your policy is only specific to one location, then you're going to want to make sure that if you decide to teach somewhere else or outside of your studio, that that is also covered too. Absolutely, yep, excellent. What else do people need to know about insurance and how does it come up? We come back to the drawing board every year and we kind of get that renewal message email letter. Do we just say yes and carry on, or should we sit down and review the policy? What are we looking for each year? Does it change typically, or what should studio owners?

Speaker 2:

know Generally your insurance policy. If you're getting it through the same company, it's not gonna change much. There are notification requirements for insurers that they have to follow, that if they do change something in the policy they have to notify you, especially a certain time period before your renewal is due, because you always have the option to not renew and so if the terms of their policy changes and it doesn't fit with your business, then you can not renew and there's no penalty, no, anything. You just find a new company that does fit and move on. Know anything, you just find a new company that does fit and move on.

Speaker 2:

If your business has changed at all, again, you know, review your policy every year. If your business hasn't changed and you know you still have kind of the same number of clients and your business is doing well generally your gross receipts aren't going to come into play. The insurance company isn't really going to ask for that information. They're not going to rate you based on that in these industries anyway. So generally it's probably OK for you to check the yes boxes and continue on. But I don't ever want to say you don't need to look at your policy, you don't need to look at reevaluating what your coverage is, because there could always be something during the year that changed that you forgot until you sit down and look at it and think about it. So it's always best to at least take a little bit of time and take a look at what coverages you have and make sure they're still appropriate for your work. Yeah, yeah, always a good idea.

Speaker 1:

I haven't known you when you might need it. Well, this has been so helpful and informative, and I know that it's going to be sending quite a few of our listeners to thinking hmm, I wonder if I should just take a quick look and make sure that I am fully covered, which is the exact reason why I wanted to bring you on. So I appreciate you sharing all of your insights and knowledge, and I'd also like to invite you to share a little bit about what Alternative Balance offers and where people can find out a bit more about how you can help them get the right insurance policy for their needs.

Speaker 2:

Sure, yeah. So Alternative Balance, we offer all three of those types of coverage that we talked about. Our policy includes general liability, professional liability, business personal property and business interruption, and that highly specialized participant accident coverage all for the one price. It's all included and we have more details and information about each one of those coverages on our website. Just visit alternativebalancecom and there's a coverage and pricing page there if you want to take a look at what those coverages are. Our professional liability coverage is $2 million per occurrence $3 million aggregate. There's a coverage and pricing page there if you want to take a look at what those coverages are. Our professional liability coverage is $2 million per occurrence $3 million aggregate.

Speaker 2:

And if you have any questions, just contact. There's a little chat box where you can chat with our support on our website. If you want to sign up, if you want to get a policy and join Alternative Balance, you can do it right online. It's just a simple two-page application. It's very simple and it probably takes maybe five to 10 minutes to get covered. And if you do have a current insurance policy that you'd like us to review, just go ahead and reach out to us at support at alternativebalancecom and we're more than happy to take a look at that for you. So, yeah, our customer service is five-star rated and they are. People love them, so don't hesitate to reach out if you have any questions.

Speaker 1:

Yeah, absolutely, and I really encourage you to do that. If you're listening and wondering if this is something that you're, if you're not sure about what you have and if it's everything that you need, it's really, really a good idea to have a conversation about it at least and to check out what Alternative Balance can offer. So thank you so much, miriam. I really appreciate you coming on and sharing all that with us. It's so helpful.

Speaker 2:

Yeah, thank you. It's been great Wonderful, thank you.

Speaker 1:

So I hope this is helpful to you all, listening as you go about building your boutique fitness studio business. If you enjoyed what you heard today, go and check out the show notes. We'll find all the links to all the things, and I would be so appreciative if you could go and leave a quick review of the podcast. It would mean a lot to me and also help to make sure we get this, all of this goodness, out there into the world and other studio owners, just like you, can feel encouraged and supported on their journey in our industry. Did you love this episode and want more? Head to spring3.com and check out my free resources that will help you run a profitable and fulfilling studio business. And before you go, one last reminder there is no one way to do what you do, only your way. So whatever it is that you want to do, create or offer, you've got this. Thanks again for joining me today and have a wonderful rest of your day.

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