Chapter 16 Quiz

1. Which of the following BEST describes an advantage to owning and operating a franchise?

• a. Access to the business and operating systems created by the franchiser, such as floor plans, operating plans, and marketing information

• b. Affiliation with the brand, which protects the franchisee owner from potential lawsuits for negligence

• c. The upfront costs for the franchise fee and the ongoing costs to maintain the

  association with the parent brand of the franchise

• d. Easy to create and operate with flow-through taxation

2. Which of the following is MOST likely to be considered a characteristic of an independent contractor?

• a. Receives regularly scheduled payments

• b. Access to equipment provided by the employer

• c. Serves multiple corporate clients or entities

• d. Works a set schedule

3. What is the PRIMARY purpose of an informed consent form?

• a. To waive the personal trainer of all liability for any injuries incurred by the client

• b. To establish an agreement that the trainer will not work at any other facilities in a given

  radius

• c. To communicate the potential benefits and risks of participating in the exercise program or exercise-testing procedures

• d. To gain consent to use client progress photos online for marketing purposes

4. An ACE Certified Personal Trainer agrees to transport a client to his or her scheduled training

session. While en route, they are involved in an accident, and the client sustains minor injuries.

Which of the following precautions would MOST likely protect the personal trainer from legal

ramifications?

• a. The personal trainer has appropriate auto insurance that includes coverage for

  business purposes

• b. The personal trainer required the client to wear a seatbelt while in the car

• c. The personal trainer is determined by the courts to be not at fault for the cause of the accident

• d. The personal trainer asked the client to sign a waiver addendum regarding the

  transportation

5. Which of the following risk-management approaches involves modifying the risk by removing part of the activity?

• a. Retention

• b. Avoidance

• c. Reduction

• d. Transfer

6. Which of the following is one of the four elements that MUST be established to substantiate a charge of negligence in court?

• a. Arraignment

• b. Contract

• c. Fraudulent transfer

• d. Proximate causation

7. Which of the following would MOST likely be considered a violation of client privacy when using social media for marketing purposes?

• a. Commenting on a client’s social media page congratulating him or her for the progress made

• b. Posting a selfie in front of the health club sign with the caption “looking forward to

  working with all of my clients today!”

• c. Asking a client to sign a social media photo release at the beginning of the client–personal trainer relationship

• d. Posting a client transformation social media post that includes before-and-after photos

  with the client’s written permission

8. An ACE Certified Personal Trainer provides personal-training services in a client’s home. To

create an enjoyable exercise experience, the personal trainer would like to use music during

training sessions. Which of the following options would BEST protect the trainer from music

copyright violations?

• a. Download and purchase the music from an appropriate source

• b. Travel with a portable stereo and play music from the local radio station

• c. Request that the client provides his or her own music

• d. No action is needed since the training session is taking place in the client’s home

9. Which of the following scenarios BEST describes an ACE Certified Personal Trainer working as an independent contractor?

• a. Personal-training services are not a core function of the health club’s business

  operations

• b. The personal trainer typically only works for one employer

• c. The health club provides continuing education on a quarterly basis for personal trainers

• d. The personal trainer receives a salary plus commission from a health club

10. During an initial meeting, a personal trainer and a potential client agree on the days and times they will meet for their first 10 exercise sessions together. This negotiation BEST describes which element of a binding contract?

• a. Consideration

• b. Offer and acceptance

• c. Legality

• d. Ability of parties