A relação contratual entre personal trainer e academia: a celeuma jurídica sobre a taxa de repasse

Abstract

Personal trainers are professionals in the healthcare field who accompany individuals in their physical activity practices. In the case of this accompaniment being in gyms, they charge a fee known as a "repasse" (transfer fee). This charge has been the subject of political debates and legislative projects in various cities in Brazil over the past ten years. Business owners argue that the charge is used to cover their facilities and avoid employment relationships, while physical educators argue that the charge is abusive, based on the fact that expenses are already paid through client monthly fees. The issue revolves around contractual clauses and fee amounts, and the objective of the research was to verify the conditions of this legal relationship. The scientific method used was the hypothetical-deductive approach, through documentary, bibliographic, doctrinal, jurisprudential, and contractual analysis techniques. The results showed that there is no employment relationship or consumer relationship between the personal trainer and the gym, as it is purely a civil contractual relationship. The conclusion was that there is abuse in the legal relationship and in the charging of the repasse fee, as well as null clauses in the contract that omit information about the amounts that will be charged.