Chapter 25: Legal Aspects of Personal Training

Question 1

strategies to avoid or minimize legal concerns

Answer 1

risk management

Question 2

PT should use this to ensure the safety of clients and to prevent costly lawsuits

Answer 2

principles of risk management

Question 3

The fitness industry has developed these which are applicable to the appropriate delivery of service

Answer 3

standards and guidelines

Question 4

these establish the parameters of appropriate practice for professions such as personal training

Answer 4

standards and guidelines

Question 5

this is an assessment of competence for a particular profession

Answer 5

certification

Question 6

this is the official recognition that an organization’s educational program or certification test (or both) meets specified criteria

Answer 6

accreditation

Question 7

inconsistency in this owed by professionals to their clients has created inconsistent court rulings that have had a somewhat unsettling impact on the profession of PT

Answer 7

duty of care

Question 8

a state-mandated and approved process by which certain professionals who become this are authorized to provide defined services to others

Answer 8

licensure

Question 9

typically clains related to health and fitness professionals are evaluated in this system of american jurisprudence by judges and juries who are asked to examine and assess duty and liability

Answer 9

civil system

Question 10

two concepts involved in civil law

Answer 10

contract law and tort law

Question 11

these laws are sometimes invoked to deal with issues related to conduct that is prohibited and made criminal by US federal or state statutory laws or both

Answer 11

criminal law

Question 12

these are sometimes referred to as agreements

Answer 12

contracts

Question 13

these involve promises or performance negotiated and bargained for between atleast two parties that are supported by some consideration, something of value

Answer 13

contracts

Question 14

principles of this are relevant to the use of releases, waivers, informed consents, and a variety of other personal training documents

Answer 14

contract law

Question 15

these apply to wrongful acts or omissions that occur between the relevant parties, namely PT and their clients

Answer 15

Tort law

Question 16

The word tort means this

Answer 16

wrong

Question 17

tort law often involve this

Answer 17

acts or omissions that lead to personal injury or even wrongful death

Question 18

the tort system of law is designed to do this

Answer 18

remedy wrongs

Question 19

In the fitness profession, tort law claims generally involve claims of this

Answer 19

negligence

Question 20

Negligence lawsuits require this of certain elements by the party bring such claims against the parting defending from such claims

Answer 20

proof

Question 21

these 4 elements are used to establish proof

Answer 21

duty
breach of duty
proximate cause
harm or damage

Question 22

this is the failure of one person to comply with a legally determined duty to protect another person, which failure proximately causes that other person harm

Answer 22

negligence

Question 23

these determine whether or not a duty to provide care by such professionals to their client exists

Answer 23

judges

Question 24

These are typically used to determine if the duty was breached and if so, the damages to be awarded for such a breach

Answer 24

jury

Question 25

process, not just a piece of paper signed by a client by which a particular procedure, usually exercise testing, is described to a client who will undergo the procedure with and explanation of the risks and benefits of such a procedure, whereby through this process, and with an opportunity to ask questions and receive answers, the client will determine to undergo or not undergo the procedure

Answer 25

informed consent

Question 26

This should be apart of the training program records, as well as preexercise testing functions carried out by fitness providers with their clients

Answer 26

informed consent

Question 27

in addtion to a signed informed consent form, the clients disclosure of information, and their questions and answers, and their decisions should be documented in the clients records as well

Answer 27

informed consent

Question 28

This may relieve a fitness professional of any obligation to adhere to any duty or responsibility toward the client other than avoiding an intentional or willful injury to the client, when a personal injury or wrongful death claim is filed

Answer 28

assumption of risk

Question 29

This is based on a participants voluntarily knowing, understanding and agreeing to assume those ordinary and reasonable risks associated with certain activites

Answer 29

assumption of risk defense to negligence actions

Question 30

another name for a waiver

Answer 30

release of liability

Question 31

this need to be properly written and administered (read to or by the client, discussed with the client, and executed properly) to be lawful

Answer 31

waivers and releases of liability

Question 32

in the context of PT, these are contractual promises whereby one party agrees prospectively in advance of activity not to bring a claim or suit (or both) in the even they are injured during that activity

Answer 32

waiver/release of liability

Question 33

a contractual promise by which the insurer promises to defend and indemnify the insured, up to defined limits of liability, from certain defined liability risks at the insurer’s cost in exchange for the payment of a premium

Answer 33

insurance

Question 34

PTs are required by law to keep certain records

Answer 34

F

Question 35

T/F: it is not important to keep client records confidential since they are not mandated to be kept by federal or state law

Answer 35

F