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Chapter 17: legal Guidelines > Chapter 17 > Flashcards

Chapter 17 Flashcards

1
Q

4 elements of negligence

A

Trainer had a duty to protect the client

Trainer failed to hold up the standard of care

Injury to the client occurred

Injury was caused by trainers breach of duty

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2
Q

Medium or significant injury or financial impact -

High or often occurrence

A

Avoid or transfer

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3
Q

trainer should retain paperwork until _

A

statute of limitations has passed - the period within which legal action may be taken

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4
Q

Elements necessary for a binding contract: 4

A

Offer and acceptance letter

Consideration

Legality

Enter the contract with respect to legal age and mental capacity

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5
Q

ensure the insurance company will pay even if the trainer fails to _

A

provide service

failure to render or omission

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6
Q

If an agreement invokes goods or services worth $ _ or more there must be a _ if the contract is to be valid

A

$500

Written contract

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7
Q

Distribution of fault btwn an injured party and any defendant

A

Comparative negligence

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8
Q

Neglecting to spot a client during an exercise is considered _

A

Act of omission

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9
Q

_ type of business

advantages:
limited liability
unlimited number of investors

Disadvantages:
cost of formation and operation
double taxation

A

c-corps

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10
Q

Employers are responsible for the workplace conduct of their employees

A

Vicarious liability AKA respondeat superior

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11
Q

_ corporations

EXTENSIVE PAPERWORK

profits taxed as ordinary income

most “typical” type of corporation used by trainers

shielded from personal liability

100 investors or less

investors must be from the U.S.

A

Subchapter corporations

S-corps

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12
Q

umbrella policy

A

provides added coverage for all insurance

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13
Q

professional liability insurance coverage

A

$1 million at least

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14
Q

trainers provide exercise _ and NOT exercise

A

programs

prescriptions

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15
Q

This step involves specification of all ricks that may be encountered in the areas of instruction, supervision, facilities, equipment , contracts and business structure

A

Risk identification

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16
Q

Continually assess the outcome of risk management

A

Evaluation

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17
Q

_partner only liable for their direct financial contribution

may retain more than 50% of the company but does not have formal input into the companies’ operation

A

limited partner

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18
Q

when training in home, ensure that a _ will cover those activities

A

insurance rider - special addition to typical policy

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19
Q

claims made in the future for injuries during training will be covered after the policy is canceled

A

extended reporting endorsement

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20
Q

Business doesn’t pay taxes

Profits are taxed on individual tax return

Loss can be utilized to offset other personal income

Provides benefit to sole proprietorships and partnerships

A

Flow through taxation

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21
Q

_ produced a paper on training weight training prepubescent youth

A

NSCA - national strength and conditioning association

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22
Q

the best policies cover the cost of _ AND and _

A

cost of legal fees and any claims awarded

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23
Q

Proximate causation

A

Breach of duty

24
Q

Contracts:

contacts signed by trainer and client

*if client is a minor_

A

contract must be signed by the parents

25
Q

_ type of business

advantages:
flow through taxation
limited liability

Disadvantages:
undefined operating standards in states

A

LLC/LLP

26
Q

trainers who sell product need to obtain

A

product liability insurance

27
Q

_partnership can be created and recognized by the judicial system if individuals act as partners (sharing checking account, joint signing a business loan)

A

implied partnership

28
Q

_ type of business

advantages:
flow through taxation
limited liability

Disadvantages:
limited # of potential investors
costs of formation and opertation

A

s-corps

29
Q

trademark should be not be used as a _ but rather an _ to describe a product or service

A

noun

adjective

ACE is a registered trademark of the American Council on Exercise

30
Q

local business will have greater success connecting their facilities to the local communtities

A

franchising model

31
Q

Contracts:
discuss exercise programs
agree on dates and times for workouts

A

Offer and acceptance letter

32
Q

Managing and reducing risks: 4

A

Avoidance - remove possible dangers

Transfer - move risk to waivers, insurance policies

Reduction - remove part of the activity

Retention - retain if the removal of the risk would eliminate potential benefit

33
Q

Shield individual investors in a corporation from financial or legal liability beyond their initial investment

A

Corporate veil

34
Q

compensation to a business for loss of a person that performs unique and valuable function

A

keyman insurance

35
Q

_partnerdhip can be created by a contract between the parties

A

express

36
Q

Clause within a waiver that bars the potential plaintiff from recovery

A

Exculpatory clause

37
Q

_ type of business

advantages:
easily created
flow through taxation

Disadvantages:
potential management disputes
personal liability - except limited partners

A

partnership

38
Q

Contracts:

stating fee of $ per hour for services establishes

A

Consideration

39
Q

_ type of business

advantages:
easily created and managed
flow through taxation

Disadvantages:
personal liability
raising capital

A

sole propriortership

40
Q

Contracts:

prepare written contracts

becomes valid when _

A

Legality

signed by trainer and client

41
Q

_ protect the trainer from a client claiming to be unaware of the potential risks of physical activity

Utilized in _ settings

  • expected behaviors of the client should be specified
A

Agreement to participate

utilized in class settings

42
Q

joining of two or more individuals to own and operate a business

A

general partnership

43
Q

_ acknowledges that a client has been informed about risks associated with the activity in which they about to engage

Detail possible discomfort

A

Informed consent

44
Q

A _ will ban the client from seeking damages for injuries caused by inherent risks

A

Release waiver

45
Q

appropriateness of trainer’s actions in the light of current professional standards and based on age, condition and knowledge of participant

A

standard of care

46
Q

Programming straight leg sit ups for a client with known lower back problems is considered _

A

An act of commission

47
Q

Separate entity from the investors and the operators of a business

Distinct legal entities

Regulated by state and federal

A

Corporations

48
Q

This step is to Institute a plan

A

Implementation

49
Q

High or vital injury or financial impact -

Low or seldom occurrence

A

Transfer - move the risk to others through waivers

50
Q

profits flow through investors and taxed as ordinary income

simple to set up/ easier tax forms

protected by corporate veil

(2)

A

LLCs - limited liability companies

LLPs limited liability partnerships

51
Q

health history forms determine client’s _, not for providing or recommending treatment for medical conditions

A

fitness level

52
Q

trainer failed to act, but client is determined to have played to have PLAYED A ROLE IN THEIR OWN INJURY

A

Contributory negligence

53
Q

Trainer must review each risk and probability of it occurring and what would be the severity

A

Risk evaluation

54
Q

a business is created when

A

providing advice for financial consideration

55
Q

this business structure puts a personal trainer at the GREATEST risk for losing personal assets

A

sole propriortorship

Chapter 17: legal Guidelines (1 decks)

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