This page provides a list of textbook updates and changes. Textbook Updates are listed first followed by Textbook Changes/Corrections.
This textbook was written between 2018 and mid-2020. Updates to laws, standards of practice, etc. occur on a regular basis. The Fitness Law Academy, LLC will make an effort to keep owners of the text abreast of these updates. These are listed by Chapter. Check back, periodically, to this site for additional updates.
a) Neal v. PFTN Murfreesboro South (case described on p. 76) was dismissed on Feb. 10, 2021 (the dispute between parties was resolved).
b) Class v. Towson University (case described on pp. 76-77) was appealed - see 806 F.3rd 236. The appellate court reversed the trial court's ruling stating that the proposed temperature monitoring system and medical supervision would have fundamentally altered the nature of the football program and would have impinged on the professional discretion of the team physician (Dr. Kari Kindschi) was retained to exercise. Therefore, the University did not need to provide the proposed accommodations. Also note the typo on top of p. 76 (second column) -- abominable should be abdominal wall
Published Standards of Practice:
a) MFA published its 3rd edition (2023, Alan Loyd, Editor) of its Standards & Guidelines for Medical Fitness Center Facilities
b) ACSM published its 11th edition (2021) of ACSM Guidelines for Exercise Testing and Prescription, Gary Liguori, senior editor.
c) IHRSA Standards: Title changed from IHRSA’s Guide to Club Membership & Conduct to IHRSA Club Membership Eligibility Standards.
Update on the USA Gymnastics -- sexual assault victims (p. 183): See article by Paul Steinbach published in the Athletic Business e-newsletter -- Nassar Victims Reach $380M Settlement with USA Gymnastics, USOPC (Dec. 14, 2021). Also, see another article by Paul Steinbach published in this same newsletter -- U. of Michigan Reaches $490M Settlement in Abuse Case (Jan. 19, 2022) involving another university (in addition to Penn State and Michigan State described in the textbook) that reached a large settlement with former athletes and other students who claimed (a) they had been sexually assaulted by a former football team doctor and (b) that the University failed to act when they knew the doctor was abusing students.
CAAHEP Update: See list of domains on p. 164 for undergraduate programs. These five domains have changed as follows, effective January 2022: The first three have remained the same, the fourth domain was changed to Risk Management and Professional Responsibilities and the fifth domain was deleted. For more information, see the CAAHEP website.
EIM Credential Update: June 15, 2022
Eligibility requirements have been changed (e.g., degree required). For more information and a description of the new EIM online course, go to:
a) Update: The Jordan McNair case (described on pp. 318-319) was settled for $3.5 million. See article by Andy Berg published in the Athletic Business e-newsletter -- Maryland Settles Lawsuit Over Heatstroke Death (January 2021). Also see article by Paul Steinbach in the Athletic Business e-newsletter -- Two Former Maryland Football Players Receive $200K Abuse Settlements (December 20, 2021). Named in the lawsuit: head coach DJ Durkin, strength and conditioning coach Rick Court, and head athletic trainer Wes Robinson - all three were fired after the death of Jordan McNair.
b) Update: University of Oregon football players (Brenner and Poutasi) – page 320. Brenner settled for $500,000 and Poutasi settled for $300,000. See the following article: Eickhoff-Shemek, J.M. (2023). Safety lessons learned from strength and conditioning negligence lawsuits. ACSM's Health & Fitness Journal, 27(3), 44-47.
c) Update: Virtual Fitness Programs (pp. 302-304 in Chapter 8) and pp. 419-420 in Chapter 10. See the following articles that can be accessed on the ACSM website:
Eickhoff-Shemek, J.M., Topalian T. (2022). Virtual fitness programs: Safety and legal liability issues to consider: Part 1. ACSM’s Health & Fitness Journal, 26(1), 48-51(focus: live/online programs)
Eickhoff-Shemek, J.M., Kim H. (2022). Virtual fitness programs: Safety and legal liability issues to consider: Part 2. ACSM’s Health & Fitness Journal, 26(3), 45-48. (focus: on-demand programs)
Buchanan, J., Kim, H. and Eickhoff-Shemek, J.M. (2023). Fitness/wellness professionals as social media content creators and influencers: Health and legal risks to consider. ACSM’s Health & Fitness Journal, 27(1), 41-44.
d) Update: HIT and HIIT (pp. 297-299). See ACSM's Health & Fitness Journal -- the September/October 2021 issue -- for several articles regarding designing and delivering HIIT programs for individuals with various chronic diseases -- and an article titled: HIIT for Clinical Populations: Safety and Legal Liability Issues for Community Fitness Facilities.
Chapter 9 describes recalls of exercise equipment. See article (Peloton Recalls Treadmills Following Injuries, Death) published in the Athletic Business e-newsletter (May 2021) regarding Peloton’s recall of its Tread+ treadmills after several injuries as well as a death of a child. For a negligence case involving an injury to a 3-year-old child in March 2020 (prior to Peloton's recall in 2021), see S.S. By And Through Stern v. Peloton Interactive, Inc. (2021 WL 4711675).
New York's AED statute, (p. 449) as of May 2023 now applies to clubs with 50 or more members.
The first version of this textbook (October 2020) contained a few errors, which are listed below by Chapter. All of these errors, and a few other minor errors, have been corrected in the "current" version of this book (October 14, 2021). Therefore, all “new” books sold by Amazon after October 14, 2021, are the current edition. It is highly recommended to only purchase "new" books on Amazon to guarantee you have the current edition. NOTE: Either version will suffice for the educational courses.
Note: Books sold as "new" by a third party (e.g., ebay) and "used" books are likely the first version. To determine which version you have, go to the Preface p. xv -- if you see "Textbook Updates" at the bottom of this page, you have the current version.
Insert reference #11 (Head and Horn) on p. 53 – at end of the first sentence under the Step 2 -- Development of Risk Management Strategies heading, as follows: (11).
a) On p. 66, 1st paragraph under General Overview of Discrimination: Change 90,558 charges to 76,418. Also, the reason for the distributions not totaling 100% at the bottom of this paragraph is because some charges allege multiple bases.
b) In the spotlight case, Waller v. Blast Fitness Group, Inc. (p. 70): In the first paragraph under Procedural Facts, change Missouri Human Rights Commission (MHRC) to Missouri Human Rights Act (MHRA).
c) Exhibit 3-3 (p. 79): In the title, change IV to VII so it reads: Exhibit 3-3: Resources to Enhance Compliance with Titles II and VII of the Civil Rights Act.
On p. 116, 2nd column toward the bottom (van der Smissen quote): Change "is actively engaged" to "might be actively engaged."
a) On p. 261, 2nd bullet under Lessons Learned… (Legal): change Chapter 2 to Chapter 4.
b) On p. 262, last line in first paragraph (Historical Facts), change “neuroscience trainer” to “neuroexercise trainer.”
a) On p. 302, change the subheading Internet Training to: Internet/Live Online Training.
b) On p. 317, 2nd column, change the last two sentences in the first paragraph to: Therefore, total damages came to $629,229.00 ($500,000 plus items 3, 4, and 5 above). Upon appeal, the First Circuit Court of Appeals in Louisiana upheld the damages awarded and added costs of the appeal.
a) On p. 350, toward the bottom of the first column, change "Staton" to Stafon so it reads: ...football player Stafon Johnson...
b) On p. 365, toward the bottom of the first column, change "see page 20: to see page 26 in the Technogym's...
a) On p. 399, 1st column, 2nd paragraph: Change University to Universal (Universal Global Design).
b) On p. 419, change the subheading Livestreaming/On-Demand...to: On-Demand Fitness Classes and Workouts.