Coaching Business Flashcards
Business Structure, Operations and Administration
Documentation on Athletes
Operations and administration are the support structure of a well-functioning business.
Coaches should retain documentation on all athletes.
This includes contracts, waivers or releases, athlete history, fitness assessments, and notes on provided training plans and associated progress.
It is important to develop an organized system for maintaining this documentation so that it is easily accessible when needed.
Definition of Torts
Torts are private wrongs (as opposed to public wrongs, i.e. crimes) that result in injury or damage, and for which the law enables the affected person to seek civil remedies (usually, payment of money) against the wrongdoer. Tort law seeks not only to compensate the injured party, but also to discourage future negligence.
Types of Torts
There are three types of torts.
An intentional tort is a deliberate wrongdoing.
A negligent tort is when injury or damage results from someone failing to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.
Strict liability torts impose legal liability on a party without a finding of fault (such as intent or negligence) when it can be proven that such party is responsible for the damage or harm; Strict liability torts primarily apply to situations that are inherently dangerous (e.g., explosive demolition) in order to encourage potential defendants to take additional precautions.
Variations in the Law
Tort laws may vary widely based on the jurisdiction in which the coach conducts his or her business. It is therefore important to become familiar with the laws that apply to your business. If you are providing coaching services to an athlete located in a different state, province or country, the advice you give may be subject to the laws of both your jurisdiction and that of the athlete.
To learn more, you should consult with a qualified attorney licensed in the applicable jurisdiction(s).
What is liability?
Liability is the state of being legally obligated or accountable to another person. In legal terms, liability and negligence go hand in hand. If negligence results in some harm or damage, you may be found liable and be required to pay compensation.
What can a coach be liable for?
The coach’s potential liabilities depend upon the situation. For example, if a coach’s negligence results in an athlete breaking an arm, the coach could be liable for, among other things, the medical bills associated with that injury, compensation for lost wages, pain and suffering, and (depending on the circumstances) property damage (e.g., if the athlete’s bicycle is damaged in the accident). If the coach’s negligence leads to severe injury or death, the financial claim against the coach can be considerable.
Liability Insurance
Liability insurance may protect the insured in the event of a lawsuit or other claims. The insurance company may choose to fight the claim in court, or may assist with the financial payout, limiting the direct impact to the insured party.
Without liability insurance, a suit brought against a coach could result in personal or professional bankruptcy.
Contract for Services
The most common type of contract for coaching is called a contract for services, which is created between a coach and an athlete or client.
Coaches may also wish to sign contracts with their business partners or their employers.
Ideally, such contracts should be in writing. Although verbal contracts may be enforceable, they are generally more difficult to enforce than written contracts, because it may be impossible to provide sufficient evidence of what the terms of the verbal contract was, or even that the verbal contract exists at all.
For protection, every coach should work with legal counsel to create appropriate written contracts for the coach’s business. But, for the same reason one wouldn’t hire a foot doctor to perform heart surgery, not all lawyers are equally suited to draft contracts and advise clients on athlete liability matters. Coaches should specifically seek out lawyers who specialize in drafting contracts and who, ideally, have experience advising other coaches on relevant matters.
Elements to Include
At a minimum, contracts for service should generally include the following aspects.
What services are provided
Who is providing the services
When the services will be provided
Terms of service (or how and where the services will be provided)
The fee for the services
A refund policy (if desired)
Indemnification clause (whereby the athlete would indemnify the coach against third-party claims for certain damages or injuries, caused by the athlete, to third parties or their property)
Waivers
Due to increased litigation in the field of sports, many coaches choose to ask their athletes to sign waivers. The primary purpose of waivers is to shift responsibility from the coach to the athlete for the athlete’s participation in the training program. Although waivers may help start a discussion around risk and responsibility with athletes, and potentially protect the coach from certain types of liability (e.g., risks inherent to the activity), waivers are not a guarantee of absolute protection from all types of liability.
Participation Agreements
Instead of a waiver, or ideally in addition to a waiver, the coach should consider having a written participation agreement with the athlete. In contrast to a mere contract for services, which sets forth the basic business terms of the coaching arrangement, a participation agreement lists the dangers and prompts athletes to attest that they understand the risks, know and agree to follow appropriate rules and procedures, and are informed participants. A participation agreement may have more legal weight than a stand-alone waiver, as it is more comprehensive and provides clear evidence that the coach warned the athlete of any inherent risks.
Keep in mind that neither a waiver nor a participation agreement is a guarantee that the athlete won’t bring a lawsuit against the coach. But these documents can provide evidence that supports your case.
A Practical Approach to Marketing Plans
Marketing Plans
A marketing plan includes: a description of your target market and the type of clients you want to serve, the services and products you offer, the strengths and weaknesses of both your business and your competitors, and the strategies you will use to advertise and promote your business.
Determining Target Market
Determine your target market and then learn as much as possible about what athletes in that market want and need.
It is crucial to avoid making assumptions and do careful research.
Match Your Strategy to Your Target Market
Marketing strategies will have varying levels of impact depending on your target market.
Tailor your strategy to suit your market.
Analyzing Competitors
Information about your competitors helps define your fees for services and products and provides a basis for you to learn from their strengths and capitalize on their weaknesses.
Defining Unique Appeal
Knowing your competition will also help you determine what is unique about your services, and what will differentiate you.
Marketing Strategies: Product vs. Service
Define what you will offer to your potential clients.
Coaches can offer products, services or both.
Your marketing strategy should align with the type of services and products you offer as well as the needs of your potential clients.
Marketing Strategies: Search Engine Optimization
Placement
Information about you and your business should be easily accessible and available in places potential clients would naturally look.
This can be a physical location, such as a bulletin board at a local gym or physical therapist’s office, as well as online.
SEO
Search Engine Optimization (SEO) increases your website’s visibility by impacting where it is listed in a search engine’s results page.
To increase SEO, update your website frequently.
Keywords
Use keywords on your webpages and within the webpage code to increase your web presence.
Keywords are terms and phrases that match what the end-user enters into the search engine.
Linking
SEO can also be improved by increasing the number of websites that link to your page.
Consider asking your network of professionals to participate in a link exchange.
Women For Tri Program
The IRONMAN Women For Tri program is aimed at growing the participation of women in the sport of triathlon.
The mission of Women For Tri is to break down barriers to entry by doing the following:
providing access to education, relevant content and training resources, and
cultivating a networked community of female athletes.
IRONMAN is committed to increasing the number of women who race IRONMAN and IRONMAN 70.3 events. Because women typically seek out other women when preparing for athletic events, building a community of women who train and race together is a great way to expand your business. Consider reaching out to your local triathlon club and offering women-only workouts or scheduling women-only bike rides.
