Legal Liability Ontiveros V. 24 Hour Fitness USA, Corporation Essays

South Carolina State University Department of Health Science Article #1 Legal Liability Ontiveros V. 24 Hour Fitness USA, Corporation Case # B201336 Submitted for: P.E. 413 Legal Aspects of Sports Presented To: Dr. Crystal S. Nixon Submitted By: Orangeburg, SC September 5, 2015 Facts of the case: 1.Susana Ontiveros of Los Angeles, California filed a product liability action lawsuit against 24 Hour Fitness USA, Inc. for injuries sustained at their facility which is owned and operated by 24 Hour Fitness USA, Inc. 2.Ms. Ontiveros alleged that she sustained injuries while working out on defendants/24 Hour Fitness USA, Inc. stair step machine. 3.24 Hour Fitness USA, Inc. asserted that the plaintiff acknowledged by signing her membership agreement that 24 Hour Fitness USA, Inc. would not be held liable for defective equipment and that they only provided recreational usage services. 4.Ms. Ontiveros stated that she felt that the purpose of her membership agreement was for 24 Hour Fitness USA, Inc. to provide her with fitness services as well as her use of the exercise equipment; and not solely fitness services. 5.Ms. Ontiveros felt that 24 Hour Fitness USA, Inc. was liable for her injuries and as a result she filed a product liability action lawsuit against 24 Hour Fitness USA, Inc. on December 19, 2008 in Los Angeles, California. Issue of the case: Was 24 Hour Fitness USA, Inc. membership agreement with the plaintiff predominately to provide fitness services and not liability for defective exercise equipment? Answer: True Ruling: Not Guilty My reaction to the case: My first reaction after reading this case and before I got to the verdict was that 24 Hour Fitness USA, Inc. was liable for the plaintiffs injuries. I thought that an establishment such as 24 Hour Fitness USA, Inc. would have been liable for injuries sustained to one of their members while exercising on their equipment at one of their facilities. I definitely would have assumed that I could of held 24 Hour Fitness USA, Inc. liable if I had sustained injuries at one of their facilities as well; thats why its doesnt pay to assume anything. As a future sport professional, I have learned the importance of reading membership agreements and contracts thoroughly before signing; because its all about how the document is worded.

20 Words for That Certain Something

20 Words for That Certain Something 20 Words for That Certain Something 20 Words for That Certain Something By Mark Nichol Some people have it, and some people don’t. But what, exactly, is it? Here’s a list of words describing a special quality that sets certain people apart from others, and their meanings: 1. Brio: vivaciousness (Italian, â€Å"fire, life,† perhaps from the word for vigor from a form of French) 2. Charisma: charm or personal magnetism (from the Greek word meaning â€Å"favor†) 3. Chutzpah: admirable or excessive self-confidence; this word and ginger are the only ones on this list that have both positive and negative connotations (from Hebrew by way of Yiddish; several other spellings are used, but this one is the most common) 4. Duende: charm (from Spanish dialect, meaning â€Å"ghost†) 5. Élan: enthusiasm (from the French word eslan, meaning â€Å"rush,† with the same Latin root from which lance is derived) 6. Esprit: vivacious wit (French, from the Latin term spiritus, â€Å"spirit†) 7. Flair: style, or talent or tendency (from the French word meaning â€Å"odor† or â€Å"scent,† ultimately from Latin flagrare, an alteration of fragrare, from which fragrance is derived) 8. Ginger: spirit, or temper (from the Latin term zingiberis, for the root used as a spice and a medicine, derived from the Sanskrit word srngaveram) 9. Gumption: initiative (from a Scottish word meaning â€Å"shrewdness,† perhaps from a Germanic term meaning â€Å"attention†) 10. Gusto: enthusiasm (the Italian word for â€Å"taste,† from the Latin term gustus) 11. Je ne sais quoi: a quality not easily described or expressed (a French phrase that means literally â€Å"I know not what†) 12. Knack: intuitive capacity or knowledge (originally meant â€Å"trick†; perhaps from the onomatopoeic word akin to knock) 13. Mettle: vigor, stamina (from an alternate spelling of metal) 14. Moxie: energy, enthusiasm, courage (from the brand name of a soft drink; early on, such beverages were often touted, long before the advent of energy drinks, as providing pep) 15. Panache: flamboyance; originally, a decorative plume of feathers on a helmet (from the Latin term pinnaculum, meaning â€Å"small wing,† by way of Italian and French) 16. Pizzazz: glamour, vitality (unknown etymology) 17. Savoir faire: self-assuredness, talent for knowing how to conduct oneself (from the French term savoir-faire, meaning â€Å"knowing how to do,† from the Latin words sapere, meaning â€Å"know,† and facere, meaning â€Å"do†) 18. Savoir vivre: knowledge of appropriate behavior (from the French word savoir-vivre, â€Å"knowing how to live,† from the Latin terms sapere, meaning â€Å"know,† and vivre, meaning â€Å"live†) 19. Spunk: courage, pluck (from the Gaelic word spong, meaning â€Å"tinder,† ultimately derived from the Latin term spongia, from which sponge is also derived) 20. Verve: vivacity, energy, enthusiasm (ultimately from the Latin term verbum, meaning â€Å"word,† because of the early sense of â€Å"flair for speaking or writing†) Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:The Royal Order of Adjectives Peace of Mind and A Piece of One's MindWhen Is a Question Not a Question?

How to Use the Italian Imperfect Subjunctive Tense

How to Use the Italian Imperfect Subjunctive Tense â€Å"If I were able to live in Italy for the rest of my life, I would be happy.† How do you express a sentiment like that in Italian? Before I dive into the nooks and crannies of the grammar with the subjunctive mood, here’s what that sentence would look like: Se io potessi vivere in Italia per il resto della mia vita, sarei contenta. In order to create this sentence on your own, you need to use the imperfect subjunctive (il congiuntivo imperfetto). You would use this tense when the main part of your sentence includes the present perfect tense (il passato prossimo), imperfect tense (l’imperfetto) or the conditional tense (​il condizionale) to talk about an unlikely hypothetical situation that starts with se (If) like â€Å"If I won the lottery† or to discuss wishful thinking. Some constructions that might help you understand when to use this are: Imperfect Tense ( Che) Imperfect Subjunctive Credevo che avessero ragione. - I thought they were right.Non era probabile che prendessimo una decisione. - It wasnt likely we would make a decision.Non cera nessuno che ci capisse. - There was no one who understood us.Il razzismo era il peggior problema che ci fosse. - Racism was the worst problem there was. Present Perfect Tense (Che) Imperfect Subjunctive L’ha aiutata affinchà © potesse imparare l’italiano. - He helped her so she could learn Italian.Abbiamo organizzato un riunione cosi’ da informare tutti sul da farsi. - We scheduled a meeting so we could brief everybody on what to do.Ho ritenuto giusto che mio figlio decidesse da solo quale universita’ scegliere. - I believed it was right my son could choose by himself which university pick out. Se Imperfect Subjunctive Conditional Se fossi in te, non mi fiderei di lui. - If I were you, I wouldn’t trust him.Se lui mi baciasse, sarei felicissima. - If he were to kiss me, I would be so happy.Se Mario mi invitasse a cena, accetterei subito! - If Mario asked me out for dinner, I would accept immediately! Conditional S e Imperfect Subjunctive Sarei felicissima se lui mi baciasse. - I would be so happy if he were to kiss me.Comprerei un guardaroba nuovo se io avessi tre mila dollari in pià ¹. - I would buy a new wardrobe if I had three thousand more dollars.Direi una bugia se dicessi che sono stata bene. - It would be a lie if I said I’ve been great. Magari (If Only) Imperfect Subjunctive Magari fosse vero. - If only it were true.Magari potessi venire da noi! - If only you could come over to our place! TIP: The word â€Å"magari† can also be used to mean â€Å"maybe† or â€Å"yes† depending on context. You’ll notice that the translations between Italian and English aren’t direct, and that’s because this tense is interpreted differently in Italian than in English. For instance, in the last example, if you wanted to say â€Å"He helped her so she could learn Italian†, you might want to translate â€Å"could† as â€Å"potrebbe†, using the conditional tense. I know it’s confusing at first, but the more you’re exposed to the language and the more you practice, the more intuitive it will become. Plus, as you learn, you can rely on keywords or phrases to help you decide whether or not to use the imperfect subjunctive tense. Key Phrases Pensare che - To think thatCredere che - To believe thatDubitare che - To doubt thatEssere importante che - To be important thatBastare che - To be enough thatDirsi che - To be said thatSperare che - To hope thatTemere che - To fear thatAffinchà © - So thatPrima che - BeforeNel caso che - In case that For conjugations of three regular verbs, see the table below. Conjugating Verbs in the Imperfect Subjunctive PRONOUN CANTARE SAPERE FINIRE che io cantassi sapessi finissi che tu cantassi sapessi finissi che lui/lei/Lei cantasse sapesse finisse che noi cantassimo sapessimo finissimo che voi cantaste sapeste finiste che loro/Loro cantassero sapessero finissero What About Irregular Verbs? Here are some examples of irregular verbs in the imperfect subjunctive. Essere - To be Fossi Fossimo Fossi Foste Fosse Fossero Se io fossi una sirenetta, sarei una brava nuotatrice. - If I were a mermaid, I would be a great swimmer.Non ti piaccio?! Pensavo fossimo fidanzati! - You don’t like me?! I thought we were dating! Stare - To be, to stay Stessi Stessimo Stessi Steste Stesse Stessero Mi fa sentire come se stesse cercando di nascondere qualcosa. - It makes me feel like he was trying to hide something.Pensavo stessimo andando dal panettiere. - I thought we were going to the bakery. Dire - To say Dicessi Dicessimo Dicessi Diceste Dicesse Dicessero Voleva che tu gli dicessi la verit! - She wanted you to tell her the truth!Vorrei che Marta non dicesse nulla di questo a Mario. - I would not like for Marta to say anything about this to Mario.E se ti dicessi che nulla di cià ² che vedi à ¨ reale? - And what if I were to tell you that nothing you see is real?

Strategic Fashion Marketing Assignment Example | Topics and Well Written Essays - 1000 words

Strategic Fashion Marketing - Assignment Example The paper "Strategic Fashion Marketing" concerns strategic marketing in fashion. The contemporary fashion market is mainly for clients who are adventurous and aware of the current fashion trend. Contemporary outfits closely look like those seen on the runway only that they are sold at a different price, which is lower. The rise in status of contemporary fashion can be attributed to the changing tastes in artistic things among other factors. There are various marketing trends currently being used to market fashion wear. Technology and new inventions have seen the rise of many marketing strategies that are better and easier. Two contemporary fashion-marketing trends that will be influential over the next five years in the global fashion industry are mobile marketing and e-marketing. These fashion-marketing trends are important for various reasons. Many people have become very busy with daily activities be it official, academic or home chores. For this reason, they have very little time left for social activities including shopping for clothes. Things have been made easier by technology using the internet and mobile facilities like phones. Changing times have seen the rise in the use of these two marketing strategies. Internet has become readily available and this goes for mobile facilities as well. Mobile marketing is important because many people in various regions can be reached. This means that the market base for contemporary fashion is expanded and in turn, more sales are made.

Hooters Of America Essay Example | Topics and Well Written Essays - 1750 words

Hooters Of America - Essay Example (Hooters of America, Franchise Disclosure Document, 2010). Therefore, their beginning can be traced back to 1984 with a different name while their functionality under the name of â€Å"Hooters of America† can be traced back to 1989. â€Å"Hooters of America† is mainly concerned with the business of running Hooters Restaurants. However, it has many affiliates, which run different kinds of businesses under the title of â€Å"Hooters† such as Naturally Fresh, Inc., Super Sports Merchandisers, Inc., Super Sports Marketing, Inc., Hooters National Advertising Fund, Inc., Hooters Magazine, Inc., Hooters Racing, Inc., Hooters Sports News, Inc., Hooters Sports Productions, Inc. and National Golf Association, Inc. (Hooters of America, Franchise Disclosure Document, 2010). There are varieties of eatables served at Hooters Restaurants and there are certain unique characteristics that make Hooters Restaurants different from other dining spots. â€Å"Hooters of America† offers franchises for the institutionalization of its restaurants and its services under the name of â€Å"Hooters of America† (Hooters of America, Franchise Disclosure Document, 2010). It is a public traded company. As far as the expanded business of the company is concerned, â€Å"Hooters of America† is a large networked corporation with many affiliates. Their head office is in Georgia. All the affiliates of the company are also located in Georgia (Hooters of America, Franchise Disclosure Document, 2010). The company has license to operate in the whole United States of America and also outside the States. The company provides franchises for restaurants (Hooters of America, Franchise Disclosure Document, 2010). The franchises of â€Å"Hooters of America† are spread in the whole United States due to which, it can be easily stated that the business network of the company is widely expanded. The company,

Comparing James Joyces Araby and Ernest Hemingways A Clean, Well-Ligh

Comparing James Joyce's Araby and Ernest Hemingway's A Clean, Well-Lighted Place As divergent as James Joyce's "Araby" and Ernest Hemingway's "A Clean, Well-Lighted Place" are in style, they handle many of the same themes. Both stories explore hope, anguish, faith, and despair. While "Araby" depicts a youth being set up for his first great disappointment, and "A Clean, Well-Lighted Place" shows two older men who have long ago settled for despair, both stories use a number of analogous symbols, and lap over each other thematically. At the beginning of "Araby", the narrator describes the street's lamps as lifting their "feeble lanterns" towards an "ever-changing violet" sky (227). The colour violet is both dark and rich. The sky, this deep, mysterious colour, and always mutating, suggests the expanse of unknown beyond mortal experience. The feeble lights which fail to lick the lowest tufts of cloud resemble the people who look out into the fog of unanswerable questions; who can never hope to find anything but the shapes one reads in, like hillside skywatchers. The narrator's character goes around looking up. First at Mangan's sister: from the shadow, from the floor, and from the subordinate position of an admirer. Then, more metaphorically, he looks up to an image he's built for himself; an expectation of beauty and treasures; an enthusiastic hope or hopeful enthusiasm that his pilgrimage to Araby will yield him if not the answer (to the question which manifests as a nameless longing), then the key to the answer. This answer is represented by Mangan's sister (whose name is not mentioned, as with the Hebrew G-d), whom the boy hopes to access through the gesture of his quest.1 At the end, the boy looks up again, like the l... ...othing in it. Hemingway's old man walks away from the bar with dignity, but with hope long vanished. The older waiter, another faithless man, is resigned to nothingness. His mockery of Christian prayer is not angry, but spoken with a smile and a sigh. However, as indicated by his insomnia, Nada is a cold bedfellow. Works Cited Hemingway, Ernest. "A Clean, Well-Lighted Place". Kirszner and Mandell 233. Joyce, James. "Araby". Kirszner and Mandell 226. Kirszner, Laurie, and Stephen Mandell, eds. Literature: Reading, Reacting, Writing. Compact Fourth Edition. New York: Harcourt College Publishers, 2000. 1This character may also stand as a sexual symbol. The bracelet she handles when she speaks of the convent may suggest that she is shackled to Catholic prudery. In any case, she still stands as "the desired", physically or metaphysically.

Altruism-John F. Kennedy

John F. Kennedy once said conformity is the jailer of freedom and the enemy of growth. Which is true the act of matching attitudes, beliefs, and behaviors to what individuals perceive is normal to their society or social group makes them apart of the masses. Which makes me think; of the many different ways people submit there self into that category. For example watching someone be sexually assaulted and stabbed to death outside of an apartment building but never calling the police to help or even attempting to help yourself. That’s what happen to Kitty Genovese and she had thirty-eight witnesses.Why was it that thirty-eight people stood there and watch her murder? Because they were too busy diffusing the responsibility for the simple fact that all these people are around someone must have called. As humans we do that a lot not help someone on the side of the road because they must have someone coming to help, never look at the screaming nose outside you don’t want to g et involve, don’t help that person who’s being attack; diffusion of responsibility: Diffusing the responsibility of yourself being involved into a situation that might put you in danger.That seem reasonably but how about when you do something that doesn’t benefit you in anyway but you do it because it makes everyone else happy; this is altruism. Let say someone did go and help Kitty Genovese they could have been seriously injured but Kitty Genovese would have had her life. Altruism is any nice gesture you do for someone else at the expense of yourself it doesn’t mean you can't satisfaction from your acts. In most cases of altruism you would enjoy it but the con of it is sometimes you can’t say â€Å"No† when you should be saying no.You’re doing what others want you to do when that’s not what’s in your heart to do. All I know is that more people should stand up for others because in any case you would want people to ignor e you in your time of need. I can’t really say how to get help but if you’re in danger caught people’s attention, say something important, but most of all caught someone attention. One thing I must say be safe in this crazy world we call earth .