Health, Fitness & Wellbeing
With our Head of Practice’s background as an elite athlete and, fitness sector operator, and our other team members’ extensive experience as practitioners, educators and managers within health professions, it is no surprise that we have considerable interest and experience in offering a range of services for those operating businesses and practising within the health, fitness and wellbeing sectors.
There is a growing need for individuals and corporations operating health professional practices to ensure compliance with a range of regulatory issues including registration of practitioners, leasing of premises, employing staff, licensing premises, advertising and health records. We have specific expertise in these aspects of Health Law and the application of legislation such as the Health Practitioner Regulation National Law Act 2009. Our expertise in Intellectual Property Law can assist in maintaining legal protection of the intellectual assets of health professionals and their practices.
From technology licensing issues surrounding fitness monitoring right through to looking at possible means of legal protection applicable to meditation techniques, we have applied our expertise to the problems of a wide range of clients operating or planning to operate and practise within these areas. Over the last few years we have also variously dealt with:
- Advising on copyright licensing schemes affecting healthclubs’ and gyms’ use of music.
- Review and drafting of healthclub and gym membership terms for compliance with Trade Practices Act 1974 (Cth.) (TPA) and State/Territory fair trading laws.
- Review of alleged defamatory statements relating to health and fitness service providers.
- Advising on applicable in-sector State/Territory business licensing requirements.
- Advising on applicability of therapeutic goods legislation.
- Advising on trade mark and certification mark issues in connection with organic products.
- Advising on handling issues surrounding health information as personal information under the Privacy Act 1988 (Cth.) and related State/Territory legislation.
While we always warmly welcome enquiries from providers or intermediaries operating in the health, fitness and wellbeing sectors (e.g. health professionals and clinics, private hospitals, healthclubs, gyms, therapist, counsellors, trainers and others). However, please note that, in line with our policy of only undertaking work within our areas of expertise and within the general area of commercial law, we do not undertake personal injury, medical professional negligence or any similar medico-legal work.
To find out more, please do not hesitate to contact us.