Ch25 - Legal Aspects (Def.)

Front 1

litigation

Back 1

the process of taking legal action.

Front 2

claim

Back 2

the making of a demand for money due, for property, for damages or for enforcement of a right. If such a demand is not honored, it may result in a lawsuit.

Front 3

standard of care

Back 3

A set of criteria for the appropriate duties of a personal trainer. See also scope of practice.

Front 4

scope of practice

Back 4

Legal boundaries that determine the extent of a personal trainer’s professional duties.

Front 5

risk management

Back 5

the employment of strategies designed for ensuring that programs, policies, procedures, personnel, and other factors are selected and act in the safest manner possible; decreasing the risk of liability.

Front 6

liability

Back 6

A legal responsibility, duty, or obligation.

Front 7

liable

Back 7

responsible by law; legally answerable.

Front 8

statutory laws

Back 8

laws written by Congress or state legislatures.

Front 9

assumption of risk

Back 9

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.

Front 10

standards and guidelines

Back 10

establishes the parameters of appropriate practice for professions such as personal training.

Front 11

certification

Back 11

assessment of competence for a particular profession.

Front 12

licensure

Back 12

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

Front 13

accreditation

Back 13

official recognition that an organization's educational program or certification test (or both) meets specified criteria.

Front 14

duty of care

Back 14

Obligation to demonstrate an appropriate standard of care.

Front 15

civil system

Back 15

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.

Front 16

Criminal law

Back 16

laws invoked to deal with issues related to conduct that is prohibited and made criminal by United States federal or state statutory laws or both.

Front 17

criminal act

Back 17

an unlawful act made so by Congressional or state legislative bodies, committed against society and punishable by fine, imprisonment, or death.

Front 18

contract

Back 18

A legally binding promise or performance given in exchange for another promise or performance supported by adequate consideration - something of value.
Note: contacts cannot legally bind minors, because of their immaturity.

Front 19

Contract law

Back 19

laws invoked to deal with issues related to promises or performance, negotiated and bargained for, between at least two parties that are supported by some consideration something of value.

Front 20

Tort law

Back 20

laws that apply to wrongful acts or omissions that occur between the relevant parties, namely the personal trainer and his or her clients. A breach of legal duty, other than a breach of contract, that results in a civil wrong or injury; may be the foundation for a civil suit to collect damages.

Front 21

negligence

Back 21

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.

Front 22

plaintiff

Back 22

The “injured” person who brings a suit or complaint into a court of law.

Front 23

defendant

Back 23

The person being sued or accused in a court of law.

Front 24

breach of duty

Back 24

Conduct of a personal trainer that is not consistent with the standard of care.

Front 25

proximate cause

Back 25

A cause that immediately precedes and produces an effect.

Front 26

damages

Back 26

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

Front 27

legal duty

Back 27

An obligation recognized by the law requiring a person to conform to certain conduct that reflects the standard of care.

Front 28

informed consent

Back 28

the process by which a particular procedure, usually exercise testing, is described to a client who will undergo the procedure with an 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 (formally in writing) the procedure.

Front 29

assumption of risk

Back 29

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.

Front 30

waiver (or releases of liability)

Back 30

contractual promises whereby one party agrees prospectively - in advance of activity - not to bring a claim or suit (or both) in the event she is injured during that activity.

Front 31

insurance

Back 31

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.

Front 32

indemnify

Back 32

secure (someone) against legal responsibility for their actions.

Front 33

insurance premium

Back 33

an amount paid periodically to the insurer by the insured for covering his risk.

Front 34

supervision

Back 34

overseeing the activities of participants.

Front 35

direct supervision

Back 35

close contact and direction of the athlete(s) such as in teaching.

Front 36

indirect supervision

Back 36

observing activities in the weight room, but the supervisor is less close to the athletes.

Front 37

code of ethics

Back 37

specific rules, issued by fitness/personal training certification and membership organizations, that certified or member trainers must agree to adhere to and to apply in their professional practices.

Front 38

consent

Back 38

a term used for people of legal age who are able to sign a legally binding contract.

Front 39

assent

Back 39

the agreement of an underage participant to take part in activities which signifies that the underage participant understands the risks involved.

Front 40

emergency care plan

Back 40

a written document that details the proper procedures for caring for injuries.

Front 41

statute of limitations

Back 41

The time during which individuals can file a lawsuit, which varies state to state.

Front 42

product liability

Back 42

the legal responsibilities of those who manufacture or sell products if a person sustains injury or damage as a result of using the product.