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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