Get Legal Advice From Dischino and Schamy Before Launching Your Fitness Biz

So,you’ve decided to open your own fitness studio or gym or launch that personaltraining business. Maybe you are an established entrepreneur or fitnessprofessional and just need some advice. Before you take that next step, sendthat proposal, or onboard that next client, it’s critical to speak to someone whounderstands the legal ramifications and has been there before.

EnterDischino and Schamy – business and intellectual property law. In other words,if you are creating content, training someone, and/or opening a business, theseare the experts you need to be speaking with to protect you and your business.

We satdown with Brenda Schamy – one half of Dischino and Schamy, to pick her brainand get some advice on potential legal pitfalls you could face.

Tell us a little bit aboutyour firm – Dischino and Schamy

Dischino and Schamy was founded in2016 when Chris and I merged firms. I brought my litigation background andexperience, while Chris brought his expertise in transactional. We now serviceclients in many different industries like retail, fitness, entertainment,hospitality, nonprofits and much more.

Tell us more about yourlegal specialties.

Both Chris and I haveentrepreneurial backgrounds, owning businesses of our own in many of the industrieswhich we specialize - a boutique boxing gym, a yacht company, awell-established nonprofit, and more.

Having both a personal andprofessional connection to the industries of our core clientele is what webelieve truly sets the firm apart from others in this space.

It sounds like you have alot of experience in the South Florida Health & Wellness industry.

Yes - being an avid fitnessenthusiast myself, and having previously owned a gym, I’m particularlyacquainted with the Health & Wellness industry. We service a variety ofclientele - fitness studios, fitness influencers, beauty bloggers, skincare andwellness studios and more.

What is a mistake youadvise your clients from making?

Intellectual property is now oneof the most crucial components of a business - not owning your brand is takinga big risk anytime you invest in marketing or PR.

It's important to play bothoffense and defense when it comes to intellectual property by protecting what’syours and being well informed to not infringe on someone else's intellectualproperty. It can save you and even make you a lot of money.

Partnership agreements are alsocrucial, most people don't understand the importance of partnership agreementswhen they are starting their companies. A lot of people begin companies withtheir friends or people they know, and they think putting things down on paperis unnecessary, you'd be surprised how often that winds up being the biggestdownfall of a company.  

Is this mistake the samefor those in the health and wellness industry?

The general concepts are the same for any industry when speaking broadly but the fitness world has some additional concerns regarding disclaimers, advertisement, liability, etc. that those in the health and wellness industry should be especially informed about.

I'd also emphasize once again howoften business owners and individual influencers fail to protect their intellectualproperty. Be it your name, your logo or slogan, or the branding of a newskincare product – your intellectual property is one of the most crucialcomponents of your business. Not owning the components of your brand is likethrowing away money every time you do any sort of marketing or PR.

What about for personaltrainers who own their own business? Any advice for them?  

My best piece of advice topersonal trainers who own their own business is to always consider yourself abusiness and structure yourself as such, even if you are operating as anindividual.

It’s important to understand not only the benefits that come with operating as a freelance trainer but also the risks – taking the same precautions in regard to liability protection and insurance is essential. You want to make sure you are protected in all areas of your business, especially intellectual property matters which may include your branding, disclosures, consent, and content usage.

Take the time to understand thatyou are in fact a business as much as you are a “brand,” and that legal mattersapply equally to you as a personal trainer.