---
name: health-disclaimer
description: "Creates health and fitness disclaimers with liability protection, medical advice boundaries, and consent forms."
allowed-tools: Read Write Glob
metadata:
  author: matthewhitcham
  version: "1.0"
---

# Health Disclaimer

## When to Use This Skill

Use this skill when you need to:
- Write health and fitness disclaimers for your website, programs, or content
- Create liability protection language for wellness services
- Draft consent and assumption-of-risk forms for fitness activities
- Establish clear boundaries around medical advice in your marketing

**DO NOT** use this skill as a substitute for legal counsel. These are templates — always have a lawyer review disclaimers before use, especially for in-person fitness activities.

---

## Core Principle

A DISCLAIMER PROTECTS YOU BY SETTING CLEAR BOUNDARIES AROUND WHAT YOUR SERVICE IS AND IS NOT — IT IS NOT LEGAL ARMOR AGAINST NEGLIGENCE, BUT IT IS ESSENTIAL FOR MANAGING EXPECTATIONS AND LIABILITY.

---

## Phase 1: Disclaimer Context

### Required Inputs

| Input | What to Ask | Default |
|-------|------------|---------|
| **Business type** | "What do you offer — fitness training, health coaching, nutrition content, wellness products?" | No default — must be provided |
| **Credentials** | "What are your certifications or licenses?" | No formal medical/nutrition credentials |
| **Content channels** | "Where does this disclaimer need to appear — website, programs, social media, products?" | Website and programs |
| **Activities involved** | "Do your services include physical activity, nutrition guidance, or both?" | Both |
| **Liability concerns** | "Any specific risks or incidents you want to address?" | General protection |

**GATE: Confirm business type and credentials before drafting disclaimers.**

---

## Phase 2: Disclaimer Templates

### Website Health Disclaimer

```
## Health & Fitness Disclaimer

The content provided by [Business Name] is for informational and
educational purposes only. It is not intended to be a substitute for
professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified health
provider with any questions you may have regarding a medical condition
or before starting any new exercise program, nutrition plan, or
wellness practice.

[Business Name] is not a medical provider. [Your name] holds [list
credentials — e.g., "a NASM Certified Personal Trainer certification"
or "no medical or nutritional licenses"]. The information shared does
not constitute medical advice.

Never disregard professional medical advice or delay in seeking it
because of something you have read on this website or received through
our programs.

If you think you may have a medical emergency, call your doctor or
911 immediately.

**By using this website and our services, you acknowledge that you have
read and understood this disclaimer.**

Last updated: [Date]
```

### Program Participation Disclaimer

```
## Program Disclaimer — [Program Name]

By enrolling in [Program Name], you acknowledge and agree to the following:

1. **Not Medical Advice:** This program provides general [fitness/wellness/
   nutrition] information and is not a substitute for professional medical
   advice or treatment.

2. **Physical Risk:** Physical activity carries inherent risks including
   but not limited to injury, illness, or death. You participate at your
   own risk.

3. **Individual Results:** Results vary by individual. [Business Name]
   does not guarantee specific outcomes from participation in this program.

4. **Medical Clearance:** You are responsible for obtaining medical
   clearance from your physician before beginning this program, especially
   if you have any pre-existing conditions, injuries, or health concerns.

5. **Personal Responsibility:** You agree to listen to your body, modify
   or stop exercises as needed, and communicate any concerns to your
   [trainer/coach].

6. **Limitation of Liability:** [Business Name] and [Your Name] shall
   not be liable for any damages, injuries, or losses resulting from
   your participation in this program.

By proceeding, you confirm that you have read, understood, and agree
to these terms.

Participant Signature: _______________
Date: _______________
```

---

## Phase 3: Consent & Waiver Forms

### Assumption of Risk / Liability Waiver

```
## ASSUMPTION OF RISK AND WAIVER OF LIABILITY

I, _________________________, voluntarily agree to participate in
[fitness/wellness activities] provided by [Business Name].

**ASSUMPTION OF RISK:** I understand that physical activity involves
inherent risks including but not limited to: muscle strains, sprains,
fractures, cardiovascular events, and other injuries. I voluntarily
assume all such risks.

**WAIVER OF LIABILITY:** I hereby release, waive, and discharge
[Business Name], [Your Name], and any affiliated instructors, employees,
or agents from any and all liability, claims, or demands arising out
of or related to my participation in these activities.

**MEDICAL REPRESENTATION:** I represent that I am physically able to
participate in the activities offered. I have disclosed any medical
conditions, injuries, or limitations to my [trainer/coach]. I have
obtained medical clearance if recommended by my physician.

**EMERGENCY AUTHORIZATION:** In the event of an emergency, I authorize
[Business Name] to seek emergency medical treatment on my behalf.
I understand I am financially responsible for any medical costs incurred.

This waiver is binding upon me, my heirs, and my personal representatives.

Participant Name: _______________
Signature: _______________
Date: _______________
Emergency Contact: _______________
Emergency Phone: _______________
```

### Health History Questionnaire Consent

```
## Consent to Collect Health Information

I consent to providing health history information to [Business Name]
for the purpose of designing safe and appropriate [fitness/wellness]
programs.

I understand that:
- This information is confidential and will not be shared without my consent
- This information is used for program design, not medical diagnosis
- I should update [Business Name] if my health status changes
- [Business Name] may decline to provide services if they determine
  the activity is not safe for my current health status

Signature: _______________
Date: _______________
```

---

## Phase 4: Placement & Implementation

### Where to Place Disclaimers

| Location | Disclaimer Type |
|----------|----------------|
| Website footer | Link to full health disclaimer page |
| Program sales page | Program participation disclaimer (before purchase) |
| Checkout / enrollment | Checkbox: "I have read and agree to the disclaimer" |
| First session / class | Signed assumption of risk waiver |
| Blog posts / content | Brief disclaimer at the bottom of health-related posts |
| Social media bio | "Not medical advice. Consult your physician." |
| Email sequences | Footer disclaimer on nutrition/fitness emails |

### Brief Content Disclaimer

For blog posts, social media, and emails:

```
*This content is for informational purposes only and is not medical advice.
Consult a healthcare professional before making changes to your diet or
exercise routine.*
```

### Implementation Checklist

- [ ] Website disclaimer page published and linked in footer
- [ ] Program disclaimer integrated into enrollment process
- [ ] Liability waiver ready for in-person participants to sign
- [ ] Health history questionnaire includes consent section
- [ ] Content disclaimer template added to blog and email templates
- [ ] Social media profiles include "not medical advice" language
- [ ] All disclaimers reviewed by an attorney
- [ ] Disclaimers updated annually or when services change

---

## Anti-Patterns

- **No disclaimers at all** — operating without disclaimers exposes you to unnecessary legal risk.
- **Disclaimer buried where no one sees it** — if participants never encounter the disclaimer, it provides weak protection.
- **One-size-fits-all language** — online content disclaimers and in-person activity waivers serve different purposes.
- **Relying solely on disclaimers** — a disclaimer does not protect against actual negligence. Maintain safe practices.
- **Not collecting signed waivers** — verbal acknowledgment is harder to prove than a signed document.

---

## Recovery

- **No lawyer available for review:** Use these templates as a starting point, but budget for legal review as a business priority.
- **Client refuses to sign a waiver:** Do not proceed with services. The waiver protects both parties.
- **Disclaimer needs updating:** Review all disclaimers when you add new services, change your credentials, or laws in your state change.
- **Incident occurs despite disclaimers:** Document everything. Contact your insurance provider and attorney immediately. The waiver helps but does not replace insurance.
- **Operating in multiple states:** Liability laws vary by state. Have an attorney review your waivers for each jurisdiction where you operate.
