Chapter 25: Legal Aspects of Personal Training

Question 1

Standard of Care

Answer 1

A set of criteria for the appropriate duties of a personal trainer. See also scope of practice. (NSCA CPT, pg. 641)

Question 2

Risk Management

Answer 2

A facet of the emergency plan designed to decrease and control the risk of injury from client participation and, therefore, the risk of liability exposure. Risk management may involve internal or external audits to identify potential problems, as well as actions taken to improve the safe delivery of services and reduce the chances of untoward events and potential lawsuits. (NSCA CPT, pg. 641)

Question 3

Assumption of Risk

Answer 3

A defense for the personal trainer whereby the client knows that there are inherent risks with participation in an activity but still voluntarily decides to participate. (NSCA CPT, pg. 642)

Question 4

Duty of Care

Answer 4

Obligation to demonstrate an appropriate standard of care. (NSCA CPT, pg. 643)

Question 5

Licensure

Answer 5

A formal process by which a state-sanctioned licensing body grants permission to certain professionals the right to offer specified services. (NSCA CPT, pg. 643)

Question 6

Civil System

Answer 6

The judicial system that applies to one’s private rights and therefore to personal responsibilities or obligations that individuals must recognize and observe when dealing with others. (NSCA CPT, pg. 644)

Question 7

Contract

Answer 7

A legally binding promise or performance given in exchange for another promise or performance supported by adequate consideration— something of value. (NSCA CPT, pg. 644)

Question 8

Tort Law

Answer 8

Tort law concepts, on the other hand, apply to wrongful acts or omissions that occur between the relevant parties, namely the personal trainer and his or her clients. (NSCA CPT, pg. 644)

Question 9

Negligence

Answer 9

The failure to conform one’s conduct to a generally accepted standard or the failure to act as a reasonably prudent person would act under the circumstances. (NSCA CPT, pg. 645)

Question 10

Plaintiff

Answer 10

The “injured” person who brings a suit or complaint into a court of law.
(NSCA CPT, pg. 645)

Question 11

Defendant

Answer 11

The person being sued or accused in a court of law. (NSCA CPT, pg. 645)

Question 12

Breach of Duty

Answer 12

Conduct of a personal trainer that is not consistent with the standard of care. (NSCA CPT, pg. 645)

Question 13

Proximate Cause

Answer 13

A cause that immediately precedes and produces an effect. (NSCA CPT, pg. 645)

Question 14

Damages

Answer 14

Economic or noneconomic losses due to an injury; when there is a breach of contract, the amount of money owed by the breaching party. (NSCA CPT, pg. 645)

Question 15

Legal Duty

Answer 15

An obligation recognized by the law requiring a person to conform to certain conduct that reflects the standard of care. (NSCA CPT, pg. 646)

Question 16

Informed Consent

Answer 16

A protective legal document that informs the client of any inherent risks associated with fitness testing and participation in an exercise program. (NSCA CPT, pg. 647)

Question 17

Waiver

Answer 17

A contract that serves as evidence that the injured client waived her right to sue for negligence. (NSCA CPT, pg. 649)