Lake Worth, FL asked in Contracts, Employment Law and Business Law for Florida

Q: As a 1099 personal trainer I set my prices. Can gym owner force me to honor a discount price package created by the gym?

Are we required by law to honor a pricing package made by the gym when we are 1099 contractors? If it is the gym "policy" to provide a Silver Sneakers member a training discount, then isn't it for their employees to honor, not contractors? The club takes 40% of each session no matter the price. There has been no mention of this "policy" in the 8 years I've been conducting business there. This first came up recently and after a heated discussion, they agreed that I do not have to honor this Silver Sneaker price. Yet they are forcing my colleague, who has exact same business setup as mine, into this because she does not like conflict and won't stand up to them. Which causes her to lose a decent amount of money.

Is this legal or not?

And if it is not, how do we approach the matter in a small Mom/Pop type gym. The gym refuses to reduce their percentage so trainers get paid less when client purchases more. Fair would be a reduction in price from club percentage, not trainer fee.

2 Lawyer Answers
Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You need to have an attorney to review your agreement with the gym. The agreement should define the solutions in a scenario like this. The laws are about enforceing a valid agreement.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: As you indicated, the gym agreed with you.

Regarding the second question, you can always try to renegotiate the contract.

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