Legal considerations for exercise programming

assumption of risk (waiver)

an agreement by a client provided before beginning participation to give up relinquish and waive the participant's rights to legal remedy (damages) in event of injury even when such injury arises as a result of a provider's ordinary negligence.

informed consent

a process conveying information to a client so that the client achieves an understanding about the options to choose to participate in a procedure test service or program.

negligence

a failure to conform one's conduct to a generally accepted standard or duty

risk management

initial and ongoing process to identify relevant risks associated w/delivery of a service and then - through application or various techniques to eliminate reduce or transfer those risks through operational strategies to the program activities designed to

contract law

Governs undertakings that may be specified among individuals. Promise or performance bargained for and given in exchange for another promise or performance all of which is supported by adequate consideration.

tort law

civil wrong. Based on allegations of negligence or malpractice causing personal injury or death.

Releases (release documents - prospective waivers of liability or responsibility)

statements sometimes written into consent-type documents that contain exculpatory language - language that relieves provider of legal responsibility in event of injury or death caused by error or negligence.

standards of practice (or care)

contemporary services should be delivered to give reasonable assurance that desired outcomes will be achieved in a safe manner.