In the United Kingdom, the health and fitness industry is experiencing a period of continuous expansion. Following months of angst for gym owners as a result of the numerous lockdowns in the United Kingdom, membership numbers have nearly rebounded to pre-covid levels. Meanwhile, the United Kingdom’s government continues to urge the public to boost their physical exercise. The public benefits from both physical and mental wellness.
As a result, if you’re a fitness professional or personal trainer interested in starting your own gym, you’ll discover a substantial market for regular exercise.
Prior to starting any new business, it is vital to understand the unique obstacles and conditions found in the health and fitness industry. There are numerous separate factors that new gym owners must consider, especially in the post-Covid era, in order to provide enough support to users. In this article, legal requirements for opening a gym UK, we take a look at these issues in more depth.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of opening a gym in the UK, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Startup costs and financial modelling
When opening a gym, there are numerous variables to consider. Finance is one of the most important and it is critical to be realistic about the costs associated with the following:
- Legal fees
- Employing staff
- Construction work
- Costs associated with operations for the first three months
- CRM software
- Accounting software
Additionally, you’ll need to develop a pricing strategy. Conduct market research on your competition. Determine their fees and the services they provide.
Additionally, you could consider incentives for regular clients, group registration discounts, and free promotional offers. Additionally, if you’re developing a gym and spa business plan, consider including discounts on spa services.
It’s also critical to consider how a consumer pays for their gym membership or other costs. The key is to make it as simple as possible for them to pay you. Avoid impeding a customer’s purchase by requiring complicated payment options. Direct debit is desirable for a variety of reasons, with regular payments critical to business budgeting.
What are the legal considerations?
Where do you intend to run your Gym?
If you are looking to rent or buy a building from which to operate your gym, it is important that you are aware of the planning use class associated with the building and any potential planning permission that may be required.
If you intend to run your gym business from home, there are a number of other considerations to make. If you live in a rented house, you must obtain permission from your landlord before operating a business out of your residence. Put this in writing and keep it secure. If your home is mortgaged, this information will be included in the mortgage agreement. Consult your bank or building society prior to incurring any costs.
If you wish to create a bespoke facility from scratch, some conditions must be met or planning permission will be required. These are related to the building’s height and its closeness to your home.
Permitted development rights are subject to revocation, therefore it’s worth checking for recent changes to your property before starting. As planning permission is the duty of the person who owns the freehold of the property, the next step is to have it verified by an independent authority.
The local council may deny your application to operate a personal training business from home if they consider it would cause disturbance to your neighbours or cause damage to your home. These worries may be justified if clients arrive and go at unsociable hours, the music is overly loud, or barbells are dropped. This could be construed as a nuisance or as contributing to the property’s structural damage.
Employment law
Employers are required to follow employment laws. Recruitment, employment contracts, pay, working hours, holidays, and employment rules, as well as illness, maternity, and paternity leave, discrimination, discipline, complaints, dismissals, and redundancies, are all major regulatory areas to address. It may appear a little intimidating at first, but with the correct legal assistance, it does not have to be.
Health & Safety
You must comply with all applicable health and safety, as well as fire safety, regulations.
To the degree that is practically practicable, you must ensure the safety of members and other visitors to your gym. This may include risk assessments, hiring qualified lifeguards, supervising and managing swimming pool facilities, and ensuring that facilities and equipment are maintained properly and comply with applicable regulations.
Furthermore, you must adhere to all applicable health and safety regulations. This includes all aspects of occupational health and safety. Employers are obligated to ensure their employees’ health and safety on the job. Businesses with five or more employees must create a written health and safety policy. Your local council may be able to provide additional guidance.
Licensing Requirements
The licenses/registrations required for your health club will vary according to the range of activities and services offered. Typical activities that require a licence include the following:
If you sell or make food on the premises, you must register your business with the local authority environmental health department.
If you intend to play copyrighted music in fitness classes, you must obtain a PPL ‘Exercise to music’ licencing. The cost of this licence is determined by the number of fitness sessions you teach each year. Keep in mind that, since the laws changed in 2013, your centre is required to have this licence even if all exercise-to-music programmes are taught by freelance instructors. Additionally, a PRS for Music ProDub licence is required for an individual to copy music onto various formats and devices and then use that music for professional or semi-professional purposes such as a fitness class (unless all of the music is purchased from a company that holds a PRS for Music ‘Fitness Music Services’ licence, in which case the ProDub licence is typically not required).
If you wish to play background music in other areas of the centre, such as changing rooms, workout spaces, or the restaurant, you must get a separate licencing from PPL PRS Ltd.
If television programming is shown in exercise rooms or common spaces, a television licence from TV Licensing is required. If you intend to screen films or television programmes, you must obtain an MPLC licence.
If you maintain computerised records of individuals’ personal information and/or utilise CCTV, you may be required to register with the Information Commissioner’s Office as a data user.
The use of sunbeds
Certain local authorities may require sunbed establishments to register with them and/or obtain a licence. They may impose restrictions on how you conduct business and inspect your facilities to ensure compliance with applicable health and safety rules.
You must ensure that both customers and staff are protected from the potentially harmful effects of UV radiation to the greatest extent practicable. Additionally, you must ensure that used tubes are disposed of according to hazardous waste rules.
All sunbeds and other electrical equipment must be professionally installed and serviced on a regular basis to ensure their safety for both consumers and workers. You should establish a strategy for inspecting and repairing your electrical equipment on a regular basis.
Insurance Considerations
Contact an insurer or insurance broker and describe your business in detail; they will then explain what insurance coverage is required by law and what additional coverage you might consider. This may involve the following:
- Premises, premises contents, and stock
- Employer’s liability
- Insurance for public liability,
- Product liability
Try and avoid going with the cheapest insurance. You tend to get what you pay for and the value of insurance really comes into its own when you actually need it. Although you may pay a little more by using an insurance broker, they can be valuable in ensuring you have adequate cover in place and will deal directly with the insurance company in the event of a claim. Remember, insurance companies are mostly vast, faceless organisations and it is easy to get lost in the system
How we can help
We have a proven track-record of helping clients with the legal requirements for opening a gym in the UK. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact our Corporate Solicitors
It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of saving you money and ensuring you achieve a positive outcome.
To speak to a member of our new enquiries team today, simply call us on 0345 901 0445 or click here to make a free enquiry . We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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