Legal Flashcards
agreement to participate
- protect coach from client claiming unaware of risk of exercising
- generally used for class settings
- nature of activity, potential risk, expected behavior
informed consent
- demonstrate that a client acknowledges that he or she has been specifically informed about the risks associated with the activity in which he or she is about to engage
- client is allowing something to be done to them (test/ assessment)
- prepares client for positive and negative effects to activities, informs of alternatives
inherent risk
- injuries can occur even if proper procedure followed
- may include exculpatory clause that bars clients from seeking damages for injuries caused by inherent risk
statute of limitations
time allotted to sue for damages (maintain paperwork pas this timeframe)
negligence:
omission
commission
- fails to act (not spotting)
- acts inappropriately (prescribing exercise damaging to existing condition)
vicarious liability
employers are responsible for the employment related actions of their clients
gross negligence
contributory negligence
comparative negligence
- action that displays reckless or willful disregard for others safety
- plaintiff played role in injury (not notifying coach that soles are slipping during exercise)
- slip guilt and award according to % each is responsible (client=40% fault, coach = 60%, client paid 60% damages)
general supervision
specific training
- overseeing group training
- individual training
professional liability insurance
insurance ‘rider’
- specifically designed to cover the health and fitness industry
- special addition to typical policy provisions
umbrella liability policy
product liability insurance
- provides added coverage for all other insurance that a person may have in place (auto, home, professional)
- in the event a product fails to perform properly
keyman insurance
- compensate the business for loss of person who performs unique and valuable function