Flashcards in Legal Deck (11)
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1
Q
agreement to participate
A
- protect coach from client claiming unaware of risk of exercising
- generally used for class settings
- nature of activity, potential risk, expected behavior
2
Q
informed consent
A
- 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
3
Q
inherent risk
A
- injuries can occur even if proper procedure followed
- may include exculpatory clause that bars clients from seeking damages for injuries caused by inherent risk
4
Q
statute of limitations
A
time allotted to sue for damages (maintain paperwork pas this timeframe)
5
Q
negligence:
omission
commission
A
- fails to act (not spotting)
- acts inappropriately (prescribing exercise damaging to existing condition)
6
Q
vicarious liability
A
employers are responsible for the employment related actions of their clients
7
Q
gross negligence
contributory negligence
comparative negligence
A
- 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)
8
Q
general supervision
specific training
A
- overseeing group training
- individual training
9
Q
professional liability insurance
insurance ‘rider’
A
- specifically designed to cover the health and fitness industry
- special addition to typical policy provisions
10
Q
umbrella liability policy
product liability insurance
A
- 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
11
Q
keyman insurance
A
- compensate the business for loss of person who performs unique and valuable function