Pedal Axle Extenders Recalled by Specialized Bicycle Components Due to Fall Hazard

http://www.cpsc.gov/en/Recalls/2015/Pedal-Axle-Extenders-Recalled-by-Specialized-Bicycle-Components

Name of products: Pedal Axle Extenders

Hazard: The Pedal Axle Extenders can break, and the rider can lose control, posing a fall hazard.

Remedy: Refund

Consumers should stop using the recalled pedal extenders immediately and return them to an authorized Specialized retailer for a full refund.

Consumer Contact: Specialized at (800) 722-4423 between 9 a.m. and 5 p.m. PT Monday through Friday, or visit http://www.specialized.com and click on the Safety Notices link under the Support column on the bottom.

Recall Details

Photos available at http://www.cpsc.gov/en/Recalls/2015/Pedal-Axle-Extenders-Recalled-by-Specialized-Bicycle-Components

Units: About 6,500 (in addition about 380 were sold in Canada)

Description: This recall involves Specialized Body Geometry Pedal Axle Extenders that are used to extend the outward reach of the pedals. They are sold in pairs and mount directly into the bicycle crank arms. Pedal extenders are made of stainless steel and fit a 9/16 inch pedal thread. They are labeled with an “L” and an “R”.

Incidents/Injuries: There have been 10 reports of the pedal extenders breaking, including two reports of minor injuries, involving scrapes and bruises.

Sold by: Authorized Specialized retailers and online at http://www.specialized.com from January 2009 to June 2015 for about $40.

Manufacturer: Specialized Bicycle Components Inc., of Morgan Hill, Calif.

Manufactured in: Taiwan

Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.

For more information on this see:

For Retailers

Recalls Call for Retailer Action

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.

Retailer has no duty to fit or instruct on fitting bicycle helmet

Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.

For Manufacturers

The legal relationship created between manufactures and US consumers

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

 

 

What do you think? Leave a comment.

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Email: Rec-law@recreation-law.com

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#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recall, Recall, CPSC, Consumer Product Safety Council,  Specialized, Pedal Extenders, Specialized Bicycle Components, Pedal Axle Extenders,

 

 


Environmental Educator Needed by Eco-Cycle’s School Recycling and Environmental Education Program

Environmental Educator Needed by Eco-Cycle’s School Recycling and Environmental Education Program

Eco-Cycle, administrator of the award-winning Boulder County School Recycling and Environmental Education Program, is seeking an environmental educator for presentations on a wide variety of environmental topics in K-12th grade classrooms. (A full description of the program is available on Eco-Cycle’s website at cyndra.

Job Responsibilities –

1. presentations on a wide variety of environmental topics for K-12th grade students using classroom, field trip and assembly formats

2. assist with:

a. phone surveys, web research and mailings

b. preparation of fliers, reports, letters, etc.

c. monitoring school progress in collection of recyclables and compostables

d. tabling, lunchroom monitoring and other outreach for Green Star (Zero Waste) Schools

e. other special projects

3. miscellaneous duties such as purchasing supplies, delivering materials to schools, maintenance and cleaning of program equipment

4. help sort and deliver books for the Children’s Used Book Project

Qualifications –

1. dedication to environmental work

2. experience teaching in a classroom setting

3. love of working with children, including a wide range of ages

4. writing and computer skills

5. ability to organize time well and be flexible with changing tasks

6. reliable vehicle to provide own transport to schools (mileage paid)

7. enjoy wearing costumes, including an elf and a superhero

Working Conditions and Benefits –

1. full-time position with full benefits

2. leave without pay, June through August, annually

3. mileage reimbursement for use of own car

4. all program preparation and driving time is included as part of paid hours

5. job requires lifting loads up to 50 pounds, carrying materials up and down stairs, transferring materials in and out of a car or other vehicle

Michele Melio

Green Star Schools® Project Manager

P.O. Box 19006

Boulder, CO 80308

(303) 444-6634 x 118

FT Environmental Educator Needed by Eco.pdf


Trade Show season for the outdoor industry is starting. The big question: What is the future of tradeshows?

Tradeshows make a statement as well as keep an industry going. We need tradeshows.

No denying that tradeshows are having issues. The numbers of attendees are dropping and the numbers of people who are “buyers” are disappearing.

However, it does not matter how many people show up at a tradeshow as long as the right people show up.

I believe in National tradeshows.

They are important because they allow small new businesses to introduce themselves to the world. Jetboil and Vibram Five Finger shoes are recent examples. Those are designs or ideas that could not make it without an introduction to a national audience. You can get lucky and have a magazine or website put your product out there, but a tradeshow is your best bet. In fact, most magazines go to tradeshows to find those new great items.

Yes, there are other shows besides a national trade show, consumer shows, rep shows, etc.. However, finding and exhibiting at those shows for a new manufacturer is difficult and expensive. For the rep shows if you don’t have a rep, you can’t get a booth. Very few reps are going to pick up an unknown line. Consequently, the new manufacturer has no way to get his product introduced to the masses without a national show.

A national show gives a new product or a new company the opportunity to reach national retailers, national media and the world.

Legal & Risk Management reasons for Tradeshows

Tradeshows also allow manufacturers and retailers to exchange ideas, which make the industry better. Tradeshows allow interaction between parties, which raises the standard of care for an industry.

Risk management ideas are exchanged between everyone at tradeshows. Everyone attending learns something and sometimes one thing is enough.

Tradeshows allow “old guys” to talk about their past, how the mountain was higher and the snow was deeper on every peak we climbed.

Sales ideas are traded at tradeshows.

Retailers leave tradeshows with new ideas on how to sell new and old products. One retailer tells of their success with a marketing idea to an exhibitor, and that exhibitor passes the ideas on.

This occurs when reps are in their territories, but not as consistently, and they are sometimes forgotten in those long drives from one store to the next.

Tradeshows provide tons of benefits.

Tradeshows also make statements. A tradeshow tells the industry it is vibrant and healthy. It generates interest both in the attendees and those that do not attend and consumers. Big trade shows get consumers online because they know they can see the latest and greatest.

Money

Tradeshows cost a lot of money, to put on and to attend. That amount is relative. If it costs too much to attend you don’t go, and if it costs too much to put on, you won’t.

SIA suffered major traffic loss when the show moved to Denver. Compared to Las Vegas, Denver is a very expensive town to fly into and stay. Salt Lake City has the same reputation during OR week. I know a few retailers who have given up and just fly in and fly out the same day, if the come at all.

And those of you that argue one city is better than another to host a trade show, there is really only cost issue. Yes, Las Vegas sucks to bicycle around, but you are not spending big bucks to go cycle. Inside the tradeshow the air, the lights and the exhibits, all seem to be identical in Denver, Las Vegas and Salt Lake City. It does not matter where the tradeshow is located as long as it works for the attendees.

Not Exhibitors? If you get enough buyers, the exhibitors will show up on mars.

·         The cost for retailers has to make sense.

·         The time to register and book a trip, including lodging has to be easy.

·         The tradeshow has to occur at a time when the retailers know how much money they will have to spend next year and what sold and did not sell this year.

·         The exhibitors must have a value in attending the tradeshow and that means a bottom line they make more money than they spend.

I don’t have any answers really. I do have concerns. I believe we need trade shows for more reasons than just buying and selling. At the same time, without buying and selling there is no reason for a tradeshow.

See you at the next tradeshow.

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2015 Recreation Law (720) Edit Law

Email: blog@rec-law.us

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Outdoor Retailer, OR, SIA, Snowsports Industry Association, Interbike, Tradeshow, Trade Show, Ski Show, Bike Show, Emerald Expositions,

 


Colorado Alliance of Environmental Educators “Happenings”

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Website About Us Our Programs Environmental Education Get Involved Contact
CAEE HappeningsConnect. Advance. Educate. Empower July 23, 2015
Like us on Facebook Like us on Facebook Follow us on Twitter Follow us on Twitter Visit our blog Visit our Blog 55.jpg Become a Member Subscribe to EE Listserve
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New Categories for CAEE Awards for Excellencein Environmental Education
945c371a-c100-4ede-b538-2cd43af682dc.pngNominations Due September 14, 2015 Each year the Colorado Alliance for Environmental Education (CAEE) recognizes and honors individuals, organizations and schools throuhout Colorado for their innovation and dedication to moving the field of environmental education forward.This year we have new award categories and look forward to seeing your nominations. We appreciate your support in sharing the award nominations with your colleagues and networks! Click here for more information on awards.

  • Advancing Environmental Literacy Award
  • Enos A. Mills Lifetime Achievement Award
  • Innovative Environmental Education Program Award (formal and nonformal programs)
  • Outstanding Environmental Educator Award (formal, nonformal, volunteer educators)
  • Outstanding Retiring Educator Recognition
  • Outstanding Youth Environmental Leadership Award (ages 14-23)

Webinar: Tues, July 28, 2pm-Collective Impact in EE

Collective Impact in Environmental EducationClick Here to Register! Collective impact occurs when organizations from different sectors agree to solve a problem using a common agenda, aligning their efforts, and using common measures of success. Join us for an overview of the collective impact framework and explore how collective impact and collaborative practices could support efforts in increasing environmental literacy across North America.Save the Date for the August 26, 1:00-2:30pm Webinar on Fundraising in EE

(more information coming soon)

Save the Date!

Great Outdoors Colorado (GOCO) 16604ced-e39f-4af3-9106-7a948525efe1.jpgInspire Initiative WorkshopsJuly 27-August 7GOCO is investing in 5 pilot communities to invest in a community process to develop outdoor places & programming for youth & families in the outdoors. Workshops held in various locations: Edwards, Montrose, Evans, Golden, Alamosa, Pueblo, Denver http://www.goco.org/inspire

Due Sept 11- Certified Environmental Educator Portfolios

142.jpgAre you interested in….

  • Building and demonstrating strong foundations in environmental literacy?
  • Positioning yourself for success within the environmental education profession?
  • Helping to build a network of highly qualified environmental educators in Colorado?
  • Personalizing and tailoring your own professional development?
  • Becoming a Certified Environmental Educator?

The certification program is a competency based program – one where the applicant will demonstrate what they know and can do by building a portfolio.

Whether you are new to the field or have years of experience, the certification program can help you grow as an environmental educator.

Click here for more information.

Also new this year, we are happy to announce that our certification program has been approved for accreditation by the North American Association for Environmental Education! One benefit of accreditation is the nationwide transferability of Master-level Environmental Educator Certification. More information about

accreditation will be available soon.

CAEE Updates: New Address & New Listserve

CAEE has moved to the Alliance Center in Denver!CAEE is excited to announce that we moved from our office in Golden to the Alliance Center in downtown Denver. The Alliance Center is a multi-tenant shared spacethat serves as a center for innovation and learning for accelerating the implementation of sustainability in Colorado. Please update your address for CAEE 1536 Wynkoop St, Suite 314, Denver, CO 80202Our phone number will remain the same: 303-273-9527

Help CAEE settle into our new space!

The heavy rains in May and June caused flooding in the Golden Office that made a move necessary. Your support will help CAEE settle into our new home!
Make a Donation today!

Subscribe to New CAEE Listerve/Announcement Board

Do you want to get email alerts on environmental education resources, jobs, grant opportunities, trainings, events, and tools?

Subscribe to CAEE’s new listserv/announcement board! Subscribers not only receive updates, resources, and announcements from EE providers across the state, but can also post and share needs and resources from your organization. (Please note our previous listserve is no longer operational)Click for instructions on how to subscribe

The work of CAEE is made possible by our sponsors:8.jpgxcel17.jpg32.jpg 4ceb28b2-d895-4310-b5b0-f80a65ad96ae.jpg

The assumption of risk defense is still available when the claim is based on a condition of the land. This defense is called the open and obvious doctrine.

A landowner must protect invitees from hidden dangers. If the danger could have been seen or was seen, then it is open and obvious and the landowner must not protect the invitees from the danger.

Watkins, Jr., v St. Francis Camp on the Lake, 2010 Mich. App. LEXIS 1814

State: Michigan, Court of Appeals of Michigan

Plaintiff: Robert Vincent Watkins, Jr.

Defendant: St. Francis Camp on the Lake

Plaintiff Claims:

Defendant Defenses: Open and Obvious defect in the land

Holding: For the defendant

Year: 2010

The plaintiff was attending the defendant camp. The camp was run for people with special needs. The plaintiff suffered from cerebral palsy and was a quadriplegic. At the time of the accident, the plaintiff was 34 years old.

At the camp, a water slide was created. The slide was a 100’ long tarp, 20’ wide and placed upon a hill. Water was prayed on the tarp along with soap. Some of the campers used inner tubes on the slide; others just went down on the buttocks.  

At the bottom was a little ditch, 2.5’ long 2’ wide and 12-18” deep. The ditch had mud and water in it. When someone going down slide hit the ditch it would flip them.

On the day before the incident, the plaintiff had gone down the slide four or five times. He would ride down the hill on an inner tube with a camp counselor in an inner tube behind the plaintiff. After each ride, the plaintiff and tubes would be loaded on a golf cart and taken to the top of the hill.

The second day the plaintiff was injured on the slide during the flip, injuring his foot. He had already gone down the slide twice before his injury.

The plaintiff sued for his injuries. The trial court dismissed the plaintiff’s complaint, and the plaintiff appealed.

Analysis: making sense of the law based on these facts.

The basis for the dismissal was the condition of the land that caused the plaintiff’s injuries was open and obvious. The plaintiff argued that this was a case not based upon the land but based upon the actions of the defendant. The actions of the defendant would set up a negligence claim. A claim based upon the condition of the land would be determined on the duty owed by the landowner to the plaintiff as an invitee.

Under Michigan’s law, the duty owed by a landowner to an invite was:

Generally, a premises possessor owes a duty of care to an invitee to exercise reasonable care to protect the invitee from an unreasonable risk of harm caused by a dangerous condition on the land. This duty generally does not encompass a duty to protect an invitee from “open and obvious” dangers. However, if there are “special aspects” of a condition that make even an “open and obvious” danger “unreasonably dangerous,” the premises possessor maintains a duty to undertake reasonable precautions to protect invitees from such danger.

The appellate court also found the claims rose from the land; therefore, the liability was from the relationship between the landowner and the plaintiff-invitee.

That is, the question was whether defendant had a duty as the owner of the land to protect plaintiff from harm and thus provide a water slide activity that was free from danger by not allowing a ditch at the bottom of the slide to exist, which propelled participants into the air.

Even if actions of the defendants contributed to the injury it was not enough to alter the relationship to create a negligence claim.

Consequently, although some alleged conduct on the part of defendant may have been involved-i.e. failing to protect plaintiff from harm, allowing the ditch to form, and/or failing to train staff to recognize the danger involved in allowing participants to hit the ditch and be propelled into the air-this does not change the fact that, as a matter of law, this negligence claim was based on premises liability law.

Because the condition was open and obvious, one that the plaintiff knew about normally because they could have or should have seen it and in this case did see it and did encounter it, there was no liability owed by the landowner-defendant.

Plaintiff argued that because the counselor’s did not recognize the danger, the danger could not be open and obvious.  

However, simply because one counselor did not see any danger in operating the slide (all the evidence pointed to the conclusion that all campers enjoyed the slide) does not result in a conclusion that an average user of ordinary intelligence would not have been able to discover the danger and the risk presented upon casual inspection by going down a water slide, hitting the ditch, and flipping into the air.

Evidence of prior injuries would be needed to convert the actions of the counselors from that of a landowner to simple defendants. If the counselors kept the slide open after a person had been injured and then the plaintiff received his injury, then the open and oblivious claim may not work.

This argument fails for the simple reason that in a premises liability action when determining whether a condition is open and obvious, “the fact-finder must consider the ‘condition of the premises,’ not the condition of the plaintiff.”

The appellate court affirmed the dismissal of the case by the trial court.

So Now What?

In this specific case, you can look at the open and obvious defense as similar to the defense of assumption of the risk.

More importantly always examine every possible defense when you are faced with a suit. Here, the answer was easy, although having campers launched into the air may not provide an open and obvious defense in all states.

If you are a camp or landowner, what you need to constantly be aware of and even search for are the non-open and obvious dangers on the land. Those things that cannot be seen by casual observation or that should have been seen by observation are what will hold you liable.

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2015 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law       Rec-law@recreation-law.com              James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Open and Obvious, Condition of the Land, Assumption of the Risk, Summer Camp, Special Needs Camp, St. Francis Camp on the Lake,

 


Volunteer to pick Local Native Grass and Forb Seeds to enhance Rocky Flats!

Volunteer to pick local native grass and forb seeds to enhance Rocky Flats!

  • 1st Pick: October 3, 8:30-12:30

  • 2nd Pick: October 17, 8:30-12:30

  • 3rd Pick: October 31, 8:30-12:30

Lunch on us!

Jefferson County Nature Association’s 2015 volunteer seed picking efforts are scheduled in

the Rocky Flats area between Golden and Boulder near SH93. If you register with Jean (see

below), she will contact you about a week prior to each event with exact directions to the

seed picking location, as they will be different for each pick. JCNA will provide lunch to all

who register by the Thursday prior to each pick. If we have bad weather on a pick date, we’ll

have a makeup pick on the very next Saturday, all other details being the same.

• We promise a gorgeous view of the Front Range and the company of friendly likeminded

people who want to improve the environment.

• Seeds collected will be used to enrich or help restore the original prairie present

before Rocky Flats was developed.

• Before each pick, brief training will be provided by experienced Crew Leaders who

will show how to pick seeds, identify prairie plants, and the noxious weeds to avoid.

• Wear layered clothing that won’t accumulate plant particles and hiking shoes. As

many of these plants are short, ensure you can bend over or kneel comfortably (and

repeatedly) in your outfit, though you can concentrate on taller species if you choose.

• Bring a full water bottle, sunscreen, and thin gloves that protect your fingers but are

flexible enough to handle small seeds and of a material the seeds won’t stick to.

Bring scissors and wear heavier gloves if you prefer to cut the seed heads off rather

than strip them of seed by hand.

Please contact us to make special arrangements if your group is large or

you are bringing kids younger than 12 years old.

Adults must sign a waiver at the site. THOSE UNDER 18 MUST BRING A WAIVER

SIGNED BY A PARENT. Jean will send you a blank waiver when you register.

Last year of the program….Don’t miss it!!

REGISTER with Jean Tate (djt_co@yahoo.com; use JCNA in Subject line)

(name, email, date(s) attending, ## adults/youth, address, phone)

Contact Jean or Paul Kilburn (PDKilburn@msn.com) if you have questions.


USA ProChallenge gear is now available. Race is a month away. Get Ready

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STEAMBOAT SPRINGS | ARAPAHOE BASIN
COPPER MOUNTAIN | ASPEN | BRECKENRIDGE | LOVELAND
FORT COLLINS | GOLDEN | DENVER
AUGUST 17-23, 2015
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PEARL IZUMI & USA PRO CHALLENGE ANNOUNCE GROUNDBREAKING YEAR-ROUND PARTNERSHIP “Pearl Izumi has been an exceptional partner since day one of the Pro Challenge, as the official provider of our race jerseys,” said Shawn Hunter, CEO of USA Pro Challenge. “We have no doubt that in this expanded role their designs for the entire Pro Challenge merchandise line will be a huge hit with our fans. We are extremely pleased that Pearl Izumi decided take on this exciting new role with us.

READ MORE

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Host City Highlight: Arapahoe Basin
Join A-Basin’s two-day festival of concerts, camping and cycling on Monday, August 17 and on the day of the USA Pro Challenge Stage 2 finish – Tuesday, August 18, 2015. Sample one of our famous A-Basin Bacon Bloody Marys and hang out with the “funnest” people in Summit County.READ MORE
UPCOMING EVENTS
Northern Colorado Community Ride7/21/15 – 6p – Fort Collins
Copper Mountain Community Ride7/26/15 – 12:30p – Copper
Denver Community Ride8/2/15 -12:20p – Denver

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