scholarly journals FITNESS CENTER LIABILITY INSURANCE FOR PROTECTING THE RIGHTS OF FITNESS SERVICES CONSUMERS

2020 ◽  
Vol 19 (S2) ◽  
pp. 129-139
Author(s):  
V Kvanina ◽  
A Spiridonova ◽  
A Tikhomirova
Keyword(s):  
Liability Insurance ◽  
Protective Mechanism ◽  
Fitness Centers ◽  
Safety Requirements ◽  
Fitness Clubs ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Increased Risk ◽  
Fitness Industry ◽  
Compulsory Insurance

Aim. The purpose of the article is to identify the most effective mechanism for ensuring the responsibility of fitness centers for harm caused to consumers as a result of providing fitness services that do not meet safety requirements. Materials and methods. The work examines the norms of the Russian legislation regulating the activities of fitness centers in terms of ensuring safety of fitness services, materials of judicial practice in disputes related to compensation for harm caused to consumers when providing fitness services, and the experience of foreign countries. The research methodology consists of analysis of regulatory legal acts and law enforcement practice. Results. It is proved that when providing fitness services that do not meet safety requirements harm can be caused, which requires additional collateral security for the responsibility of fitness clubs. It is proved that the liability insurance of fitness centers will protect the interests of consumers of fitness services and increase consumers’ trust and involvement in the fitness industry. Conclusion. In conditions of the increased risk of harm to customers of fitness centers resulting from the nature of fitness services, liability insurance for harm caused to the consumers’ life and health is an effective protective mechanism for ensuring customers’ inte­rests. Compulsory insurance of non-contractual liability for harm caused to consumers of fitness services needs to be stated in the legislation as a prerequisite for the activities of fitness centers.

scholarly journals PROBLEMS IN PROVIDING HEALTH SAFETY TO CITIZENS USING FITNESS SERVICES IN THE RUSSIAN FEDERATION

2021 ◽  
Vol 56 (2) ◽  
pp. 101-108
Author(s):  
N.V. Kazantseva ◽  
◽  
V.S. Kazantsev ◽  
Keyword(s):  
Professional Activity ◽  
Physical Culture ◽  
Fitness Centers ◽  
Foreign Experience ◽  
Existing Problems ◽  
Judicial Practice ◽  
Risk Of Injury ◽  
Foreign Countries ◽  
Fitness Industry ◽  
Health Damage

Statement of the problem. Today there are risks to the health of citizens in fitness centers providing health and fitness services. This is evidenced by the extensive judicial practice when citizens ask for compensation of their health damage in case of injuries in fitness centers. Statistics from foreign countries show a high risk of injury in fitness centers. The purpose of this article is to identify the main problems associated with ensuring safety in relation to the health of citizens when providing fitness services, and to search for solutions to the identified problems. The research methodology consists in the analysis of legal acts in the field of physical culture and sports in terms of regulating the work of fitness centers and generalizing the relevant foreign experience. Research results. It was found out that risks to the health of citizens applying for fitness services arise due to the lack of an appropriate level of professionalism among the fitness club staff in organizing and setting physical activity, as well as the lack of proper medical and pedagogical support. Foreign experience in the fitness industry shows that the problem of ensuring safety of fitness services can be resolved through requirements to professional qualifications of personnel. However, proper medical and pedagogical control is currently not included in the mandatory requirements to the legal support of the fitness industry, either in our country or abroad. Conclusions. The article presents solutions to existing problems in the form of introducing an appropriate educational professional standard for fitness instructors, as well as introducing a mandatory nature of compliance with the standards of professional activity of fitness centers.

scholarly journals How Does Service Environment Enhance Consumer Loyalty in the Sport Fitness Industry? The Role of Servicescape, Cosumption Motivation, Emotional and Flow Experiences

2021 ◽  
Vol 13 (11) ◽  
pp. 6414
Author(s):  
Yun-kyung Jeon ◽  
Daeh-wan Kim ◽  
Seung-jin Han ◽  
Yi-han Huang ◽  
Jin-jae Kim
Keyword(s):  
Knowledge Acquisition ◽  
Consumer Satisfaction ◽  
Emotional Experience ◽  
Survey Study ◽  
Consumer Loyalty ◽  
Fitness Centers ◽  
Fitness Industry ◽  
Service Environments ◽  
Flow Experiences

The purpose of the current study was to investigate the structural relationship between the servicescape, the emotional experience, space flow, satisfaction, and consumer loyalty in the context of sport fitness centers. Furthermore, the present study aimed to examine the moderating role of knowledge acquisition motivation in the effect of the servicescape on the emotional experience and space flow. For these research purposes, a survey study targeting 400 consumers of sport fitness centers was conducted via online and offline survey platforms in South Korea. After deleting 16 incomplete cases, 384 cases were included in the final data analysis. The results of latent moderated equations modeling (LMS) showed that the servicescape directly enhances the emotional experience and space flow. Also, it indirectly affects consumer loyalty via the emotional experience, space flow, and consumer satisfaction. Meanwhile, knowledge acquisition motivation was found to moderate the effect of the servicescape on space flow. The present study has several theoretical implications. First, the current study illuminates the process mechanism of the effect of the servicescape in sport fitness centers on consumer loyalty. Second, the present study empirically shows different patterns of consumer experiences and decision-making depending on consumption motivation. Based on the results, sport fitness center managers should not only pay more attention to the convenience of their servicescape but they should also design service environments maximizing consumers′ emotional experiences. Additionally, the results imply that assigning exercise beginners to an attractive physical environment is an effective strategy, because they are more likely to evaluate their experiences based on the perceived servicescape.

scholarly journals Increased Levels of sRAGE in Diabetic CKD-G5D Patients: A Potential Protective Mechanism against AGE-Related Upregulation of Fibroblast Growth Factor 23 and Inflammation

2017 ◽  
Vol 2017 ◽  
pp. 1-9 ◽  
Author(s):  
Elena Dozio ◽  
Valentina Corradi ◽  
Elena Vianello ◽  
Elisa Scalzotto ◽  
Massimo de Cal ◽  
...  
Keyword(s):  
Cardiovascular Risk ◽  
Growth Factor ◽  
Fibroblast Growth Factor ◽  
Cardiac Remodeling ◽  
Glycated Albumin ◽  
Fibroblast Growth Factor 23 ◽  
Protective Mechanism ◽  
Fibroblast Growth ◽  
Increased Risk ◽  
Fgf 23

Advanced glycation end products (AGEs) may induce cardiac remodeling in kidney disease by promoting fibroblast growth factor 23 (FGF-23) expression. Since AGEs are increased in diabetes mellitus (DM), our first aim was to evaluate the existence of any potential association between AGEs, FGF-23, inflammation, and increased cardiovascular risk in DM patients on dialysis (CKD-G5D). Secondarily, we explored the potential role of the soluble receptor for AGEs (sRAGE) as a marker of heart failure. Levels of glycated albumin (GA), sRAGE, c-terminal FGF-23 (cFGF-23), brain natriuretic peptide (BNP), and inflammatory mediators were compared between DM and non-DM CKD-G5D patients. The levels of sRAGE, cFGF-23, BNP, and proinflammatory markers were over the ranges of normality in both DM and non-DM groups. Only GA and sRAGE levels were increased in DM compared to non-DM patients. Plasma levels of sRAGE and CRP were the only independent predictors of BNP concentration. In conclusion, in DM CKD-G5D patients, sRAGE appeared to be a marker of cardiac remodeling. Indeed, its increase could be a potential protective mechanism against the increased risk of cardiovascular complications related to AGEs and inflammation. The causal relationship between sRAGE and cardiovascular risk in these patients needs to be further confirmed by mechanistic studies.

FITNESS CLUBS FACING COVID-19 LOCKDOWN

2020 ◽  
Vol 21 (specjalny) ◽  
pp. 159-172
Author(s):  
Marcin Komańda
Keyword(s):  
Business Model ◽  
The State ◽  
Electronic Business ◽  
Sources Of Information ◽  
Review Of The Literature ◽  
Fitness Clubs ◽  
Fitness Industry ◽  
Model Components ◽  
Financial Issues ◽  
Insight Into

The establishment of the state of epidemic in Poland in March 2020 caused significant difficulties in accessing certain services or a total ban on their rendering. The fitness industry faced the inability to provide activity. This extraordinary situation forced entities in the fitness industry (including fitness clubs) to face a number of challenges related to surviving the closing period. These include, first of all, financial issues, the development of electronic business model components, as well as thinking about the conditions of running business after lifting the ban. The aim of the paper is to analyse the actions taken by the Polish fitness clubs during the lockdown period (13/03/2020-06/06/2020) caused by the coronavirus pandemic (COVID-19). It covers recognizing the thinking of these clubs about the possibilities of acting despite these restrictions, as well as immediately after lifting restrictions on the service activities of this industry. The method of analysing the situation of the industry was based on two sources of information: a review of the literature and industry reports on the situation before the lockdown and media information presenting its state during the lockdown. The combination of information from both sources gave a unique insight into the justifications of the activities announced and undertaken by the Polish fitness club industry.

THE VALUE AND SIGNIFICANCE OF LEGAL PRECEDENT, ITS FUNCTIONING IN UKRAINE

2017 ◽  
Author(s):  
Nataliia Pylhun ◽  
◽  
Vladyslava Sokhar ◽  
Keyword(s):  
Local Governments ◽  
Constitutional Court ◽  
Public Authorities ◽  
Legal Cases ◽  
Judicial Practice ◽  
Special Procedure ◽  
Legal Case ◽  
Foreign Countries ◽  
Legal Precedent ◽  
Exclusive Right

The article is devoted to the coverage of one of the current problems of law-making activity of officials and public authorities regarding the value and significance of legal precedent in society. Legal precedent is the main source of law in the Anglo-Saxon legal system, but it is also reflected in the Romano-Germanic legal family. Judicial practice of foreign countries clearly demonstrates the effectiveness and value of judicial precedent in resolving legal cases. The peculiarity of the precedent is that the results of the interpretation of constitutional acts and ordinary laws provided by higher courts are binding on all lower levels of the judiciary. As a result of this approach, a relatively independent type of precedent is formed - the precedent of interpretation, recently the concept of precedent of interpretation is becoming increasingly relevant for Ukraine in connection with the practice of the Constitutional Court of Ukraine. According to the Constitution of Ukraine, the Constitutional Court of Ukraine has the exclusive right to provide an official interpretation of the Constitution and laws of Ukraine. Decisions of the Constitutional Court of Ukraine on official interpretation are binding on all individuals and legal entities, as well as public authorities and local governments in Ukraine. However, the Constitutional Court of Ukraine carries out interpretive activities not only within the framework of a special procedure, but also during decisions on compliance with the Constitution of Ukraine, laws and other legal acts specified by law. The motivating part of these decisions may contain legal interpretative provisions, which disclose the content of the relevant provisions of the Constitution of Ukraine and legal acts, the constitutionality of which has been verified. Judicial precedent has certain advantages in terms of the quality of justice, as it is characterized by special regulation of similar specific life situations, which reduces the level of arbitrariness of officials. However, there is another view of this issue, which denies the effectiveness and reliability of this mechanism, because the court precedent actually denies the individualization of the legal case.

scholarly journals Legal Status of Persons Serving Sentences in the event of Health Emergency

2021 ◽  
Vol 16 (3) ◽  
pp. 143-151
Author(s):  
A. Yu. Alekseev
Keyword(s):  
Legal Status ◽  
Preventive Measures ◽  
Healthcare Sector ◽  
Correctional Facilities ◽  
Legal Regime ◽  
Foreign Countries ◽  
Increased Risk ◽  
Coronavirus Infection ◽  
Legal Restrictions ◽  
Subjective Rights

The paper discusses the preventive measures carried out in the penitentiary institutions of foreign countries, preventing the penetration and spread of coronavirus infection. Persons serving sentences in places of detention are at increased risk of infection in the event of an outbreak of the disease. Their situation requires separate consideration in planning and responding to crises. Measures to ensure social distancing are implemented through a special legal regime, the introduction of which limits the subjective rights of convicts. The introduced legal restrictions in some states provoked the emergence of criminal emergencies, which required the optimization of criminal and penal legal relations. Due to the emergency in the healthcare sector, it seems possible to use such institutions of criminal law as release from serving a sentence, deferment from serving a sentence, replacing the unserved part of a sentence with a milder type of punishment as an exceptional measure, and developing alternative ways to maintain socially useful ties. These methods include: increasing the duration of calls in correctional facilities, conducting visits through video conferencing, organizing a prompt exchange of information on the health status of relatives and convicts using a hotline, and using secure mobile devices.

scholarly journals INSURANCE COVERAGE IN CIVIL LIABILITY OF MOTOR VEHICLES OWNERS’ COMPULSORY INSURANCE (COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF TURKEY AND THE REPUBLIC OF AZERBAIJAN)

InterConf ◽  
2021 ◽  
pp. 199-205
Author(s):  
Faik Birishik
Keyword(s):  
Motor Vehicle ◽  
Insurance Coverage ◽  
Civil Liability ◽  
Liability Insurance ◽  
Motor Vehicles ◽  
Coverage Area ◽  
Compulsory Insurance ◽  
The Law ◽  
The Republic ◽  
Republic Of Turkey

Both Turkish and Azerbaijani legislation requires motor vehicle owners to enter into a contract of compulsory civil liability insurance. The list of vehicles with compulsory civil liability insurance to third parties is reflected in Article 50.2 of the Law of the Republic of Azerbaijan on “Compulsory Insurance”. A similar list of vehicles with compulsory civil liability insurance is reflected in the Law of the Republic of Turkey “On Motor Roads”. Losses included in the coverage area of the insurance contract on compulsory civil liability insurance of motor vehicle owners are classified in the form of damage to vehicles, material damage and damage to life and health of the victim.

scholarly journals ON THE ISSUE OF CRIMINALIZATION OF CRIMINAL ACTS RELATED TO THE SPREAD OF CORONAVIRUS INFECTION

2021 ◽  
Vol 31 (2) ◽  
pp. 243-250
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Federal Law ◽  
Sociological Study ◽  
False Information ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the issues of improving the Russian criminal legislation on toughening responsibility in the context of coronavirus infection. The author analyzes the effectiveness of measures to tighten criminal liability for violations of quarantine measures in order to counter the spread of coronavirus infection in foreign countries and presents proposals for improving Russian criminal legislation, taking into account the data of a sociological study conducted among citizens of the Russian Federation. In order to study the norms of criminal legislation introduced by Federal Law No. 100-FZ of 01.04.2020, on liability for the dissemination of deliberately false information about circumstances that pose a threat to the life and safety of citizens, examples of judicial practice are given. There is a promising tightening of legal liability in the context of the spread of coronavirus infection in Russia based on the experience of foreign countries.

Dissemination of damaging information (defamation) as a type of civil tort: concept definition

2020 ◽  
pp. 378-382
Author(s):  
Valeriya Smorchkova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Personal Information ◽  
Judicial Practice ◽  
The United Kingdom ◽  
European Court ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of

We consider such category as defamation, which is widespread in many foreign countries. Defamation is the dissemination of damaging information, which, however, is true. This concept has become widespread in the last century, many states have adopted special legislation that mediates relations in this area. For example, the United Kingdom has the “Defamation Act 1996” and Singapore has the “Defamation Ordinance 1960”. We emphasize that in the same 1960s in our country “the system of defamation seemed absolutely unacceptable and contrary to the spirit of society”. In the course of study, comparative legal methods are used to analyze the legislation of states with the Anglo-Saxon and Romano-Germanic legal system. Based on the study of the doctrinal points of view of scientists and the positions of higher courts, the definition of this category is formed from the position of civil tort. The following definition is proposed: “Defamation is a violation of civil legislation, which consists in the dissemination of false information damaging the honor, dignity and business reputation of a person and also the dissemination of truthful personal information, the disclosure of which violates the conservation law are listed in the intangible benefits of the citizens”. We analyze the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 no. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”. We conclude that the Supreme Court of the Russian Federation borrowed advanced provisions from the judgments of the European Court of Human Rights.

Value Co-Creation in Fitness Centers

2017 ◽  
pp. 415-430 ◽  
Author(s):  
Weisheng Chiu ◽  
Sunyun Shin ◽  
Hyun-Woo Lee
Keyword(s):  
Perceived Value ◽  
Positive Influence ◽  
Citizenship Behavior ◽  
Repurchase Intention ◽  
Citizenship Behaviors ◽  
Fitness Centers ◽  
Fitness Clubs ◽  
Customer Citizenship Behavior ◽  
Practical Implications

The purposes of this chapter were (1) to identify the role of customer citizenship behavior (CCB) in value co-creation and (2) to examine the relationships among CCB, perceived value, satisfaction, and repurchase intention of customers in the context of fitness centers. Data were collected from customers at commercial fitness clubs in the region of Greater Taipei. The results showed that CCB has a positive influence on perceived value and satisfaction, which in turn have positive influences on repurchase intention. Besides, perceived value has a positive influence on satisfaction. Although a direct relationship between CCB and repurchase intention was not found, an indirect influence of customer citizenship behavior through perceived value and satisfaction on repurchase intention was revealed. The findings of this chapter fill the academic gaps in the literature regarding the role of CCB on value co-creation in fitness centers. It also provides practical implications for fitness centers to vigorously encourage customers to act with citizenship behaviors.

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