Insurance and Legal Flashcards
Insurance to protect a trainer/instructor against professional negligence or failure to perform as a competent and prudent professional would under similar circumstances.
Professional Liability Insurance - Definition
Insurance Guidelines - 1 of 2 - Cover
Cover personal injuries that may occur as a result of an exercise session
Insurance Guidelines - 2 of 2 - Retain
Retain at least $1 million in coverage
Specific additions to a standard insurance policy
Rider - Definition
Insurance that provides additional coverage beyond other insurance such as professional liability, home, automobile.
Umbrella Liability Policy - Definition
Contract Law - Elements - 1 of 4 - An
An offer and acceptance: mutual agreement to terms
Contract Law - Elements - 2 of 4 - Consideration
Consideration: an exchange of items of value
Contract Law - Elements - 3 of 4 - Legality
Legality: acceptable form and subject under the law
Contract Law - Elements - 4 of 4 - Capacity
Capacity: such as majority age and mental competency
Contract Between Facility/Participant and GFI - Elements - 1 of 6 - Identification
Identification of the parties: GFI and participant/club
Contract Between Facility/Participant and GFI - Elements - 2 of 6 - Description
Description of the services to be performed: group fitness instruction and consultation
Contract Between Facility/Participant and GFI - Elements - 3 of 6 - Compensation
Compensation: an agreed upon wage or fee per hour, day, month, or class, and payment method
Contract Between Facility/Participant and GFI - Elements - 4 of 6 - Confidential
Confidential relationship: agreement by each party not to divulge personal or business information gained through the relationship
Contract Between Facility/Participant and GFI - Elements - 5 of 6 - Business
Business status: confirmation of employment status
Contract Between Facility/Participant and GFI - Elements - 6 of 6 - Term
Term and termination: express definition of the length of the contract and the conditions under which termination is allowed by either party
A person who conducts business on his or her own on a contract basis and is not an employee of an organization
Independent Contractor - Definition
A person who works for another person in exchange for financial compensation. An employee complies with the instructions and directions of his or her employer and reports to them on a regular basis.
Employee - Definition
Employment Status Test - 1 of 9 - Extent
The extent of control that, by agreement, the employer can exercise over the details of work
Employment Status Test - 2 of 9 - Method
The method of payment, whether by time or by the job
Employment Status Test - 3 of 9 - Length
The length of time for which the person is employed
Employment Status Test - 4 of 9 - Skill
The skill required for the provision of services
Employment Status Test - 5 of 9 - Distinct
Whether the person is in a distinct business or occupation
Employment Status Test - 6 of 9 - Equipment
Whether the employer or the worker provide the equipments
Employment Status Test - 7 of 9 - Normal work
Whether the work is a part of normal business of the employer
Employment Status Test - 8 of 9 - Specialist
Whether the work is traditionally performed by a specialist in similar businesses
Employment Status Test - 9 of 9 - Intent
The intent of the parties involved in the arragement
Playing a recording of a copyrighted musical composition at a place where a substantial number of persons outside of a normal circle of a family and its social acquaintances are gathered
Public Performance - Definition
An organization to which the copyright or publisher assigns the nondramatic performing rights in a musical composition
Performing Rights Societies - Definition
Names of Performing Rights Societies (3 total)
- American Society of Composers, Authors and Publishers
- Broadcast Music, Inc
- Society of European Stage Authors and Composers
A certificate or document granting permission that varies and applies to a number of situations
Blanket License - Definition
Copyright Protection for GFI Work (4 total)
- Choreographic work
- Books, videos, and films
- Compilations of exercise routines
- Graphic materials
Civil rights legislation designed to improve access to jobs, work places, and commercial spaces for people with disabilities.
Americans with Disabilities Act - Definition
ACE Revoke Causes - 1 of 8 - Ineligibility
Ineligibility for certification
ACE Revoke Causes - 2 of 8 - Irregularity
Irregularity in connection with any certification examination
ACE Revoke Causes - 3 of 8 - Unauthorized
Unauthorized possession, use, access, or distribution of certification examinations, score reports, trademarks, logos, written materials, answer sheets, certificates, certificant or applicant files, or other confidential or proprietary ACE documents or materials
ACE Revoke Causes - 4 of 8 - Material representation
Material misrepresentation or fraud in any statement to ACE or to the public including, but not limited to, statements made to assist the applicant, certificant, or another to apply for, obtain, or retain certification
ACE Revoke Causes - 5 of 8 - Any
Any physical, mental, or emotional condition of either temporary or permanent nature, including, but not limited to, substance abuse, which impairs or has the potential to impair competent and objective professional performance
ACE Revoke Causes - 6 of 8 - Negligent
Negligent and/or intentional misconduct in professional work, including, but not limited to, physical or emotional abuse, disregard for safety, or the unauthorized release of confidential information
ACE Revoke Causes - 7 of 8 - Timely
The timely conviction, plea of guilty, or plea of nolo contendere (no contest) in connection with a felony or misdemeanor that is directly related to public health and/or fitness instruction or education, and that impairs competent and objective professional performance
ACE Revoke Causes - 8 of 8 - Failure
Failure to meet the requirements for certification or recertification
Disciplinary Process - 1 of 3
Review
Disciplinary Process - 2 of 3
Hearing
Disciplinary Process - 3 of 3
Appeals