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  • Shielding Yourself from Legal Liability

    by Greg Margason | Aug 27, 2024

    It’s an unfortunate fact that working in the fitness industry can put you at legal risk. Whether you own a facility, manage one or merely work with clients, you could find yourself in the crosshairs of a lawsuit — or worse. 

    Respondeat superior 

    For instance, did you know that facility managers can be held liable for the actions of their employees under the principle of respondeat superior? (The literal translation from Latin is “the superior must answer.”) You don’t even have to have been there when an unfortunate incident occurred; if someone working under your supervision made a bad call, you might be legally liable. This is just one of many potential risks fitness pros are often unaware of. 

    Fortunately, ACSM — in partnership with JoAnn Eickhoff-Shemek, Ph.D., FACSM — has put together a comprehensive course to help you mitigate your risk. Taking you step by step through actual legal cases, Law for Fitness Managers and Exercise Professionals will arm you with the tools you need to protect yourself, your business, your employees and coworkers, and your clients. 

     “One of the best ways to learn how to comply with the law is to review real cases that occurred in fitness facilities and programs,” says Eickhoff-Shemek. “It’s time to protect yourself and your business from costly negligence lawsuits — some of these in recent years have been in the millions of dollars.” 

    The 11-CEC course contains five modules spanning risk management, negligence, HR and personnel issues, equipment and facility considerations, and emergency planning and response. Learn what laws you need to know, why you need to know them and how to apply this knowledge in practice. 

     “This course focuses on providing legal/risk-management content that is often not adequately covered in academic and certification preparation programs,” Eickhoff-Shemek adds. 

    Reasonable safety 

    Another important issue the course covers? “Reasonable safety.” Fitness managers and exercise professionals are expected to provide reasonably safe programs and facilities, meaning you need to be certain you’ve both set up risk-management strategies and created an environment that together limit the likelihood of foreseeable accidents occurring. 

    Fitness equipment 

    In most facilities, part of that environment includes fitness equipment. And fitness equipment brings with it four categories of legal liability: “negligence of exercise professionals,” “negligence of fitness managers/owners,” “negligence of participants” and “fault of manufacturers.” Depending on the issue a client or visitor encounters, you might be liable. 

    In conclusion 

    These are just a few examples from this thorough course. Consider taking Law for Fitness Managers and Exercise Professionals — it could not only save you from future headaches but more importantly help you provide a safer space for your employees, coworkers and clients. 

    Take the course:

    Disclaimer: This article is written for general informational purposes and is not intended as legal advice. 

    About the course designer: 

    JoAnn-Eickhoff-Shemek
    JoAnn M. Eickhoff-Shemek, Ph.D., FACSM, FAWHP, professor emeritus of exercise science at the University of South Florida and president of the Fitness Law Academy, LLC, is an internationally known author and speaker. For more than 35 years, her teaching and research have focused on fitness safety, legal liability and risk management issues. Dr. Eickhoff-Shemek is the lead author of a textbook, Law for Fitness Managers and Exercise Professionals, and co-author of another textbook, Rule the Rules of Workplace Wellness Program, published in 2020 and 2021, respectively. She currently serves as the fitness safety columnist for ACSM’s Health & Fitness Journal

  • 2024 Songs of the Summer, as Workouts

    by Caitlin Kinser | Aug 23, 2024
    blog cover imge with title of blog and image of a woman wearing headphones and athletic wear playing air guitar

    School may be back in session across much of the United States, but summer temps are still going strong and we’re not letting go of those upbeat sounds of the season. If you follow the music charts or like to scroll TikTok you’ve certainly heard these songs that many are touting as the official “songs of the summer.” 

    As a group fitness instructor for more than 10 years, I constantly followed the charts and new releases so I could keep my playlists fresh. As many will agree, the music choice can sometimes make or make or break your workout! Without further ado, these are the workouts I would pair with the hottest hits of brat summer. 

    Million Dollar Baby by Tommy Richman: Cardio Hip Hop 

    Richman’s summer anthem is all about independence and creativity, just like a cardio hip hop group fitness class! Lyrical interpretation and musicality drive dance fitness workouts, and no two are just alike. Plus you can’t help but want to bop along to the beats of Million Dollar Baby. Express yourself and work up a sweat at the same time? Sign us up! 

    Not Like Us by Kendrick Lamar: Cycling 

    There’s no better soundtrack for a gritty cycling workout than a diss track. Let the Kendrick/Drake feud fuel your ride; with a BPM of 101, the tempo of Not Like Us is perfect for a steady-state ride, or divide it in half for a heavy climb.  

    Espresso by Sabrina Carpenter: Barre 

    Poppy with a steady eight-count beat, Espresso is the perfect song for a barre workout. The format focuses on small movements with low weight and high repetition, and requires a playlist that will keep you on tempo. Plus that catchy hook is definitely helping to distract us when those legs start shaking from time under tension!  

    exes by Tate McRae: Kickboxing or HIIT 

    With a 137 BPM, this moody track fits right into a high-intensity exercise playlist. And at only 2:39, the length is great to drive you through that highest intensity portion of your workout right before you take that all-important breather. I’m not sorry that you’ll love this one. 

    Lose Control by Teddy Swims: Yoga 

    This song is a slow burn with a powerful beat, making it perfect for a slow flow yoga session. Teddy Swims talks about his album being about self-discovery and healing, which you’ll certainly feel in the tone of his vocals. If you’re leaning into both the physical and meditative aspects of yoga, this song should be at the top of your playlist.  

    Birds of a Feather by Billie Eilish: Cooldown 

    The relaxed tempo and Billie’s calming voice are the perfect way to help slow your heart rate after any workout. Birds of a Feather is the quintessential cooldown song, in my personal opinion. Just give it a listen and you’ll understand why! 

    purple, green and black horizontal line

    An outdoor stroll is one of the best and most accessible ways for people of all ages and abilities to get active in the summer. In addition to getting your heart rate up, just 20 minutes of fresh air and time in nature is scientifically proven to boost mood and mental health, lower blood pressure and improve sleep! Invite a friend along for a chat, or pop in some headphones and add these summer hits to your playlist. 

    Hot Girl/Boy/Person Walk or Roll playlist: 

    • I Had Some Help by Post Malone feat. Morgan Wallen

    • HOT TO GO! by Chappell Roan

    • Who by Jimin

    • Apple by Charlie xcx

    • Houdini by Eminem

    • I Can Do It With A Broken Heart by Taylor Swift

    • Ain’t No Love in Oklahoma by Luke Combs

    • Bye Bye Bye by *NSYNC (From Deadpool and Wolverine, IYKYK)  

    Music Tempo Guidelines for ExerciseIf you’re looking for more advice on how to build the perfect workout playlist, check out my previous blog, Building a Playlist that Hits, or ACSM’s infographic on Music Tempo Guidelines for Exercise

    A note on music licensing 

    If you’re a group exercise instructor or personal trainer using music as a part of your client programming, make sure that you are aware of and compliant with the music licensing regulations at the facility in which the music is played. Additionally, some facilities may have rules around the content of music included in your playlists, such as requiring clean or radio-edit versions of songs, or prohibiting songs with content around certain themes. Again, always be aware of and compliant with these regulations.  

    Disclaimer: Songs featured were selected by the author based on streaming data and music charts. Opinions expressed here are those of the author. Lyrics of featured songs do not represent or reflect any position of ACSM and should not be considered to be endorsed in any way by ACSM.  

    Caitlin KinserCaitlin Kinser, M.S., started teaching group exercise classes in 2010. She’s taught in a variety of settings including fitness studios, large gyms, college campuses, youth/community centers and virtually. She has taught multiple formats, but her heart belongs to dance fitness. Caitlin owned and operated a boutique fitness studio for two years prior to joining the professional staff at the American College of Sports Medicine®, where she serves as the senior director of marketing strategy. 

     

     

    Read Caitlin's previous blogs:

    Take her course via ACSM's online learning platform: Create Content Like an Influencer (1 CEC)

     

     

  • Goal Setting that Builds Trust and Self-Efficacy

    by Greg Margason | Aug 21, 2024

     

    Humans are driven toward autonomy - the need to have control over one’s choices; to march to one’s own drummer and be the captain of one’s own ship. This leads to the kind of motivation that supports sustainable engagement in healthy behaviors.

    Using the coach approach, you are not responsible for your client’s choices but helping your client become more independent, aware and ready for change. With autonomy comes a new energy that builds both the competence and confidence needed to try new things.

    Your role is to facilitate the client’s self-discovery and collaborate with your client to discover the best next steps for them. Initially, they may resist taking the lead – they’ve been conditioned by our systems to be told what to do. We can instead create the opportunity for them to learn a lot about themselves, rather than just taking prescription from you. When they know you trust in their autonomy, they will trust you more.

    Here are three strategies for supporting clients in setting goals that builds trust in you – and in themselves.

    Ask what is going well already.

    This may seem counter intuitive. Afterall, aren’t we there to fix and problem solve? Yes, and while you certainly may have expertise to offer in the areas the client wants to learn about, they also have something to teach you. There is a lot to be learned about what they are doing well already. Sharing about these things first builds confidence and invites them to share why things are going well. Ask about what internal resources (like personality traits or strengths) they’ve leveraged to be successful. And, what external resources have supported them; things like the people and tools that are helpful.

    Don’t take charge.

    Make sure that the goals that your client sets are the goals your client sets. In other words, not dictated or prescribed by you (unless they truly do not know what to do).  Self-efficacy is built upon the foundation of motivation and the strongest motivation comes from within our clients, not from external forces. Ask what goals they would find most compelling and exciting. And, discover what is behind their goal – in other words, the “why.” Is the goal “to increase resistance training?” Ok, but why? Well, “to feel stronger.” Great, and why? “Because my daughter has two toddlers that I want to feel confident about picking up.” BINGO! This infusion of motivation will not only lead to more confidence about the goals to set but also clarity about what goals to set.

    Infographic titled

    Goodbye evaluation, hello curiosity!

    A key to building trust in the goal setting process is the client feeling trust about what happens after they’ve tried to enact the goal. You can imagine the consequence if they believe that the follow up conversation will include any indication of disappointment, disapproval or evaluation. We can communicate these relationship barriers overtly (in what we say) and subtly (with facial expressions and energy). So, how do we avoid this? First, by remembering the client’s choices are theirs, not yours, and not a reflection of your worth as a health professional. This will relieve you of the burden that can lead to your own negative reactions. Next, get curious. Regardless of the client’s outcome, there is something support them in discovering. What went well, if not all of it? Why did those things go well? How did they overcome challenges? What did they learn about what works, and doesn’t, for them?

    Your approach and process to the goal setting process will have a measurable impact on your relationship with the client and on their relationship with their goals.  I hope you’ll will make it a goal to experiment with these three simple steps today.

    Download the Infographic

    Find more resources from Wellcoaches here

  • Hot Topic | Getting to Know the ACSM Foundation

    by Greg Margason | Aug 20, 2024

    The ACSM Foundation is organizationally structured as independent from ACSM but with the objective of supporting and advancing the mission and strategic plan of ACSM. To accomplish this goal, the foundation shepherds 25 funds, with a total value over $3.2 million. Over the past two years, the ACSM Foundation has updated all governance documents (bylaws and constitution) and refined spend plans for each of the funds. Some funds were created with a limited lifespan and designed to spend down until gone, but most have been set up as endowments in which only 4% is distributed per year for its defined purpose. This endowment philosophy ensures ACSM’s legacy in perpetuity. 

    A critical ACSM Foundation goal is to operate with full transparency and increase ACSM membership awareness of foundation good works, as well as provide members with the opportunity to participate and contribute to the continued legacy of ACSM. Foundation funds allow for specific research and program grants; travel awards; and diversity, leadership and training awards. 

    As you look through the myriad funding opportunities available, you will see that each has a defined focus (e.g., cancer, epidemiology, athletics, nutrition, women’s health, Exercise Is Medicine®, biomechanics) or audience (e.g., graduate students, clinicians, international members). The ACSM Foundation is always open to new growth opportunities that expand the mission and opportunities for our members. With future development, the foundation intends to offer an open-ended platform that will allow ACSM membership to apply annually for 4% of the unrestricted monies available for opportunities and ideas that do not fit into existing funding awards. 

    Moving forward, growth and expansion of the ACSM Foundation is our wish to better support the mission and strategic plan of ACSM. This will be accomplished by continued reinvestment of ACSM into the foundation on an annual basis as well as targeted opportunities and visions led by ACSM Foundation corporate and fellow board members. We would love to hear your ideas too!  

    You too can help grow the ACSM Foundation and leave a personal legacy! Because a percentage of every gift is distributed in perpetuity, your donation (large or small) will continue beyond your career and lifetime. Wouldn’t it be amazing if every ACSM member contributed each year? This would provide unparalleled benefits and goodness in our field for generations to come. 

    Mark Hutchinson


    Mark Hutchinson, M.D., FACSM
    , is the ACSM Foundation president as well as professor of orthopaedics and sports medicine and head team physician at the University of Illinois-Chicago, where he has been on the faculty since 1993. Dr. Hutchinson has annually been named Best Doctor or Top Doctor in the greater Chicagoland area for over a decade and has received numerous awards for both clinical practice and teaching. He has also had the privilege to serve as volunteer physician for the United States Olympic Committee at the Paralympic Games, the Pan Am Games and two World University Games, as well tours of service with USA Basketball, USA Gymnastics, USA Field Hockey and USA Soccer. He was formerly the head team doctor for the WNBA Chicago Sky for its first four seasons.

  • August Updates on NIH Reform and Appropriations

    by Caitlin Kinser | Aug 19, 2024
    Policy Corner cover: Post title and image of the US Capitol Building

    NIH Reform

    House and Senate Republicans have proposed separate plans to reorganize the National Institutes of Health (NIH), but these efforts are expected to face significant hurdles this Congress. Before the COVID-19 pandemic, the NIH received bipartisan support and consistent funding increases. However, the pandemic highlighted issues such as gain-of-function research and allegations of sexual harassment, prompting renewed scrutiny and calls for reform. 

    House Republicans, led by retiring Energy and Commerce Chair Cathy McMorris Rodgers, have introduced a comprehensive plan to consolidate the NIH’s 27 institutes and centers into 15, among other changes. This proposal was included in the fiscal 2025 funding bill, though it has been criticized by some in the scientific community as lacking a scientific basis. 

    In contrast, Senate Health, Education, Labor and Pensions Committee ranking member Bill Cassidy is advocating for improvements in the NIH’s grant approval processes and biomedical workforce. Cassidy’s proposals are seen as more collaborative and have not yet been formalized into legislation. 

    Despite these proposed changes, both the House and Senate are maintaining or slightly increasing NIH funding levels for the upcoming fiscal year. The House bill proposes steady funding at $48 billion, while the Senate bill includes a modest increase to $50.2 billion, with additional funds for cancer research and new authorities related to addressing sexual harassment. Smaller reforms proposed in the Senate are considered more likely to advance this Congress compared to broader overhauls. 

    Appropriations

    Congress adjourned for August recess with minimal progress on the 12 annual spending bills necessary to fund government agencies and programs. Federal financing is set to expire on September 30, which could lead to significant disruptions within federal agencies important to ACSM members. 

    The Republican-controlled House has passed five appropriations bills, but these include deep budget cuts and contentious cultural provisions, making them unlikely to become law. Meanwhile, the Democratic-controlled Senate has passed seven bills through committee with broad bipartisan support but has yet to vote on them in the full Senate. 

    Given the August recess, Congress is expected to rely on a “continuing resolution” (CR) to avoid a government shutdown. The need for such a stopgap measure is anticipated as lawmakers return just before the deadline.  

    Key negotiators agree on potentially adding disaster relief funding for areas impacted by recent crises, but significant disagreements remain. Democrats favor a short-term CR extending past the November elections but ending before the year's end, allowing for reevaluation of priorities. House Republicans are open to a longer CR extending into 2025, which could align with hopes of a Republican presidential win and increased conservative control. Both parties are cautious about extending funding too far into the next year, potentially complicating the next president’s budget negotiations. 

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