Law for
Fitness Managers and Exercise Professionals
PROTECT
YOURSELF, YOUR BUSINESS, AND YOUR CLIENTS!
This new textbook was peer reviewed by 10 highly-experienced
lawyers, academicians, fitness managers, and exercise professionals. It is the
only resource that covers numerous legal and risk management issues including
“hot” topics such as:
- Virtual fitness programs: What are the legal
liability risks and how can you minimize those risks? Are there legal liability
differences between “live” and “on-demand” classes/workouts? What should you
know when providing services across state lines?
- Bacterial/viral infections (e.g.,
MRSA/COVID-19): What does the plaintiff (the injured party who claims
he/she contracted the infection at your facility) have to prove to win his
her/case? How can you minimize these liability risks?
- High intensity exercise programs: What
are the claims made by plaintiffs in negligence cases involving these programs? What are the injury risks in HIT versus HIIT? What precautions need to be taken before leading free weight/heavy resistance training programs ?
- Fitness technology: How do federal and state
privacy laws apply to wearable technology, mobile apps? What are the
privacy/security/breach notification laws related to protected health
information (PHI) and personally identifiable information (PII)? What about
state laws involving biometric data?
- Integration of the exercise profession and the
healthcare industry: Why is it essential that exercise professionals
demonstrate their credentials/competence before establishing relationships with
healthcare professionals? How can healthcare professionals minimize their
liability when referring patients to exercise professionals?
- Scope of practice/clinical exercise
prescription: Why do exercise professionals, who design/deliver programs
for clinical populations, need advanced knowledge and skills? What are the
strategies to help avoid claims of practicing in licensed professions such as
medicine, dietetics, physical therapy, and counseling?
- Standards of care: How do courts
determine the standard of care of fitness managers and exercise professionals? What do expert witnesses provide in their testimony?
- Waivers (releases of liability): Do they
provide effective protection for negligence? What works better than a waiver to provide
protection from negligence claims/lawsuits? Why does a knowledgeable lawyer need to prepare
your waiver?
- Medical clearance and medical release: What is the difference between these? How is each applied in the design/delivery of exercise programs? What is the legal significance of each?
- Employer liability: How does vicarious
and direct liability apply to fitness manager/owners? What are the legal implications for employers who fail to properly hire, train, and supervise their employees? What are the legal issues involving independent contractors, student interns, and volunteers?
- Documentation: Why is documentation essential in helping you win a negligence lawsuit? What needs to be documented?
- AED state laws: Why do you need to know your state AED law(s) regarding fitness facilities? What are the claims made by plaintiffs in
negligence and wrongful death cases, even if your state does not have a
specific AED law for fitness facilities?
- Accreditation, certification, and licensure: As the exercise profession continues to evolve, what are some future directions in these three areas that can be considered to enhance its reputation? Should employers assume that "certified" professionals are competent?
- Federal laws: Are you familiar with the many
federal laws applicable to fitness facilities and programs, e.g., Title VII of the Civil Rights Act, ADA, FTCA, FLSA, OSHA? How can
fitness managers and exercise professionals comply with these laws?
- Safety Culture: How can you develop/implement a safety culture in your facility/program? What are the fours steps involved in developing/implementing a comprehensive risk management plan? Can you measure safety culture?
Answers to all of above questions are provided in the new textbook!
CONTENTS:
PREFACE
Part
I: The Need for Legal and Risk Management Education
Part
II: Textbook Organization, Special Features, Definitions, and Website
PART
I OVERVIEW OF THE LAW, LEGAL
LIABILITY, AND RISK MANAGEMENT
Chapter 1 U.S.
Law and Legal System
Chapter 2 Creating
a Safety Culture: Building a Comprehensive Risk Management Plan
Chapter 3 Complying
with Federal Laws: Honoring Legal Rights
Chapter 4 Negligence
and Common Defenses to Negligence
PART
II LEGAL LIABILITY EXPOSURES AND
RISK MANAGEMENT STRATEGIES
Chapter 5 Hiring Credentialed and Competent
Personnel
Chapter 6 Pre-Activity Health Screening and
Fitness Testing
Chapter 7 Exercise Prescription and Scope of
Practice
Chapter 8 Instruction and Supervision
Chapter 9 Exercise Equipment Safety
Chapter
10 Managing Facility Risks
Chapter 11 Emergency
Planning and Response
List of Abbreviations
Glossary
Case Index
Index
SPECIAL
FEATURES:
Special features designed
to enrich learning experiences and outcomes include:
- Descriptions of 30 “spotlight” legal cases
including “lessons learned” from each case and over 80 additional cases.
- Descriptions of effective risk management
strategies to help protect fitness managers/exercise professionals and their organizations
from legal liability.
- In addition to negligence, recent and
future legal liability issues are discussed such as technological
applications (e.g., virtual exercise programs, data privacy and biometric
data/wearable technology), working with and/or partnering with the healthcare
industry, and discrimination (e.g., disability, sexual harassment)
- Key Points in every chapter that highlight
and emphasize important legal and risk management principles and concepts.
- Over 100 tables, figures, exhibits, and
photos to provide additional, relevant information and illustrate textual
content.
- Numerous sample forms and documents
- Risk management audits to assess the
development and implementation of recommended risk management strategies
- Legal and risk management resources
WRITTEN
FOR:
(A) Fitness
managers and directors
Managers/directors, assistant
managers/directors, and program coordinators employed in settings such as:
- Corporate: Employer-sponsored Fitness/Wellness
- College/University: Campus Recreation, Athletic Strength/Conditioning
- Commercial, for-profit: Health Clubs, Resorts, Fitness Studios, Sport Performance Centers
- Community, non-profit: YMCA, JCC
- Government: Military, Firefighters/Police, City/County Recreation
- Hospitals/Medical Clinics: Cardiac Rehab, Hospital-based Fitness/Wellness
- Retirement Centers: 55+ Communities, Independent Living
(B) Exercise
professionals- Exercise physiologists and clinical
exercise physiologists
- Personal fitness trainers
- Group exercise leaders
- Strength and conditioning coaches
- Fitness/wellness and health coaches
- Youth fitness instructors
- Leaders of first responder/military
fitness programs
(C) Healthcare
providers who work with exercise professionals and fitness facilities/programs- Physicians
- Physical therapists
- Dietitians
- Athletic trainers
(D) Legal
and insurance experts involved in the fitness industry