Companion Rescue Workshop is being put on by A-Basin Ski Area with the proceeds going to the Colorado Avalanche Information Center

If you go outside in the winter time you should take this course.


Arapahoe Basin Ski Patrol is putting on this class.

Join CAIC, A-Basin Ski Patrol and patrollers from neighboring ski areas for a day of classroom instruction and hands-on outdoor scenarios on how to make solo and group avalanche rescues.

*A Lift Ticket or Season Pass is REQUIRED for this workshop*

Price includes pasta dinner and special presentation about being prepared in the backcountry after the workshop.

Price         $50.00      

Companion Rescue Workshop Pasta Dinner

Pasta for everyone! Join us after the Companion Rescue Workshop for a pasta dinner and special presentation about being prepared in the backcountry in the A-Frame (vegetarian options available).

Open to everyone, even if you’re not participating in the workshop! Bring your friends and join us in the A-Frame. All proceeds go to the CAIC.

To Sign Up Go Here.

What do you think? Leave a comment.

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

Copyright 2015 Recreation Law (720) Edit Law


Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law


Mobile Site:

By Recreation Law         James H. Moss         #Authorrank

#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,, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Colorado Avalanche Information Center, CAIC, Arapahoe Basin, A Basin, Avalanche,


To sue a Vermont ski area, there must be more than a web presence to sue in New York.

Plaintiff injured at Killington ski area tried to sue Killington in New York court because Killington had a website that the New York plaintiff could access online. New York’s long arm statute requires more than a website to bring a foreign defendant to a New York court.

Haffner, et al., v Killington, Ltd., 119 A.D.3d 912; 990 N.Y.S.2d 561; 2014 N.Y. App. Div. LEXIS 5452; 2014 NY Slip Op 05522

State: New York, Supreme Court of New York, Appellate Division, Second Department

Plaintiff: Claudia Mejia-Haffner and her husband, Steven R. Haffner

Defendant: Killington, Ltd.

Plaintiff Claims:

Defendant Defenses: The court had no personal jurisdiction over it.

Holding: For the defendant

Year: 2014

The plaintiff was a resident of New York. The defendant is a ski area in Vermont. The plaintiff signed up for a ski race camp at the defendant’s ski area online through a third party American Ski Racing Association. The ski race camp was taught at Killington by Killington employees.

During the camp the plaintiff was instructed to try turning with her boots unbuckled. She did, falling and injuring herself. She and her husband sued Killington in a New York court. The trial court dismissed the case for lack of personal jurisdiction over the defendant Killington.

The plaintiff’s appealed.

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

The court first reviewed the requirements of the New York Long Arm Statute and what is required to bring a foreign, non-New York, defendant into a New York courtroom.

A foreign corporation is amenable to suit in New York courts under CPLR 301 if it has engaged in such a continuous and systematic course of doing business’ here that a finding of its presence’ in this jurisdiction is warranted” Mere solicitation of business within New York will not subject a defendant to New York’s jurisdiction Instead, a plaintiff asserting jurisdiction under CPLR 301 must satisfy the standard of “solicitation plus,” which requires a showing of ” activities of substance in addition to solicitation'” (

A long-arm statute is the law that outlines under that state’s law the amount of presence a foreign defendant must have and how a foreign defendant can be brought into the state and sued.

Advertising alone is not enough to establish jurisdiction in New York. The foreign defendant must engage in substantial activity within the state.

…the section of New York’s long-arm statute at issue in this case, grants New York courts jurisdiction over nondomiciliaries when the action arises out of the nondomiciliaries’ “transact[ion of] any business within the state or contract [] . . . to supply goods or services in the state”

For substantial activity to occur, the acts within the state must be purposeful.

Purposeful activities are those with which a defendant, through volitional acts, avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws

Obviously purposeful will have a different definition and result for a manufacturer than for an outfitter. That means a manufacturer knows its products will be in the state, versus an outfitter who will be guiding its guests someplace out of state. Knowing your product will be sold inside the state increases the amount of activity according to the courts.

Based on the allegations in the complaint and the statements in the injured plaintiff’s affidavit, there is no substantial relationship between Killington’s maintenance of a website through which a person in New York could purchase services and the alleged tort that occurred. Such allegations are “too remote from [Killington’s] alleged sales and promotional activities to support long-arm jurisdiction under CPLR 302(a)(1)”

The court affirmed the trial court decision and dismissed Killington from the case.

So Now What?

Jurisdiction, whether a court has the ability to bring a defendant in front of it so that its orders are binding on the defendant varies by state. Therefore, you need to understand what states you may be brought into court in and how. In New York, this decision indicates it is not as easy as in other states.

If the plaintiff’s wants to sue Killington, they will have to go and sue in Vermont. That places a substantial burden on the plaintiff to find an attorney in Vermont and to finance litigation in Vermont. Jurisdiction can be a very effective defense against a lawsuit.

Here Killington did not do enough to be brought into a New York court.

What was not brought into the case was whether the plaintiff’s had signed a release? However, Vermont has been anti release with the ski industry so a release may have limited value.  Maybe only of value for use in an out of the state court.

Other Articles on Jurisdiction

A Recent Colorado Supreme Court Decision lowers the requirements to be brought into the state to defend a lawsuit.                                                                                           

Buy something online and you may not have any recourse if it breaks or you are hurt

Four releases signed and all of them thrown out because they lacked one simple sentence!

Jurisdiction and Venue (Forum Selection clauses) are extremely important in your releases.

Jurisdiction in Massachusetts allows a plaintiff to bring in Salomon France to the local court.

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


Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law


Mobile Site:

By Recreation Law              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,, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Ski Area, Killington Ltd., Killington, Ski Racing, Race Camp, Jurisdiction, New York, Vermont,


New Cycling Book: Fast After 50 Shows Athletes That Age Is Just a Number

fa50 72dpi 300pw str

fa50 72dpi 300pw str

Fast After 50 Shows Athletes That Age Is Just a Number-and Race Results Are the Only Numbers That Count

The baby boomers aren’t giving up, and coach Joe Friel isn’t giving up on them. Friel’s groundbreaking new book, Fast After 50, is for every endurance athlete who wants to stay fast for years to come. For runners, cyclists, triathletes, swimmers, and cross-country skiers, getting older doesn’t have to mean getting slower. Drawing from the most current research on aging and sports performance, Joe Friel-America’s leading endurance sports coach-shows how athletes can stay fast and extend their racing careers. Fast After 50 is now available in bookstores; bike, tri, and running shops; and online. The e-book edition will release this spring. Preview the book at

In Fast After 50, Friel offers a smart approach for athletes to ward off the effects of age. Friel shows athletes how to extend their racing careers for decades-and race to win. Fast After 50 presents guidelines for high-intensity workouts, focused strength training, recovery, crosstraining, and nutrition for high performance. Friel shows:

* How the body’s response to training changes with age, how to adapt your training plan, and how to avoid overtraining
* How to shed body fat and regain muscle density
* How to create a progressive plan for training, rest, recovery, and competition
* Workout guidelines, field tests, and intensity measurement.

In Fast After 50, Joe Friel shows athletes that age is just a number-and race results are the only numbers that count. Includes contributions from: Mark Allen, Gale Bernhardt, Amby Burfoot, Dr. Larry Creswell, John Howard, Dr. Tim Noakes, Ned Overend, Dr. John Post, Dr. Andrew Pruitt, and Lisa Rainsberger.

Fast After 50: How to Race Strong for the Rest of Your Life Joe Friel Paperback with illustrations throughout. | 7″ x 9″, 336 pp., $21.95, 9781937715267

Joe Friel is the best-selling author of The Triathlete’s Training Bible, The Cyclist’s Training Bible, Going Long, Your Best Triathlon, and Your First Triathlon. His TrainingBible Coaching franchise is one of the most successful and respected in endurance sports. Joe has trained endurance athletes since 1980, including national champions, world championship contenders, and Olympic athletes in triathlon, duathlon, road cycling, and mountain biking. He is an elite-certified USA Triathlon and USA Cycling coach and holds a master’s degree in exercise science. He conducts training and racing seminars around the world and provides consulting services for corporations in the fitness industry. He has also been active in business as the founder of Ultrafit, an association of coaching businesses; TrainingPeaks, a web-based software company; and TrainingBible Coaching.

Too many contracts can void each other out; two releases signed at different times can render both releases void.

Upon signing the second release the first is void based on Novation and the second is void because there is not consideration for the second release.

Example I: You sign a release electronically to participate in an activity. Upon arrival, the outfitter of the activity has you sign a paper release.

Example II: You sign up with a rec center to go skiing. The rec center has you sign a release and when you get to the activity, the ski area has you sign a release. Both releases stop lawsuits for skiing accidents but one protects the rec center, and one protects the ski area. Each release has different language.

Novation is a legal term that states that once you sign a second identical or similar contract to the first contract the second contract voids the first contract based on Novation. Terms such as the amount due, interest owed, etc., can be different as long as the basic agreement is the same, and the parties are generally the same. defines Novation as:

An agreement of parties to a contract to substitute a new contract for the old one. It extinguishes (cancels) the old agreement. A novation is often used when the parties find that payments or performance cannot be made under the terms of the original agreement, or the debtor will be forced to default or go into bankruptcy unless the debt is restructured. defines Novation as:

The voluntary substitution of a new contract for an old one, usually to change the parties, duties, or payment terms.

Black’s Law Dictionary defines Novation as:

A contract that (1) immediately discharges either a previous contractual duty or a duty, (2) creates a new contractual duty, and (3) includes as a party one who neither owed the previous duty nor was entitled to its performance.

Many definitions of Novation include the word debt, meaning an obligation to repay, a promissory note, but not all definitions do. One argument to make is the Novation does not apply to a release because it is not a debt.

In the first example, Novation could be argued to void the first release. A new agreement has been signed, which then cancels the first agreement.

In the second example, if the parties are the same or similar and the intent of the release is the same, then it is possible that one can argue that a novation occurred canceling the first release.

In the second agreement if the group is a Youth Group that is taking kids skiing, the youth group release includes the ski area as a released party the signature on the ski area release may cancel the youth group release.

Consideration is the second issue. For a contract to be valid, something of value must flow both ways in the contract. Normally, this means one side gives the other side money, and the other side provides a service or a thing of value. You give a ski area money, and the ski area gives you access to their lifts and ski area. defines Novation as:

2) a vital element in the law of contracts, consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract. Consideration must be of value (at least to the parties), and is exchanged for the performance or promise of performance by the other party (such performance itself is consideration). In a contract, one consideration (thing given) is exchanged for another consideration. Not doing an act (forbearance) can be consideration, such as “I will pay you $1,000 not to build a road next to my fence.” Sometimes consideration is “nominal,” meaning it is stated for form only, such as “$10 as consideration for conveyance of title,” which is used to hide the true amount being paid. Contracts may become unenforceable or rescindable (undone by rescission) for “failure of consideration” when the intended consideration is found to be worth less than expected, is damaged or destroyed, or performance is not made properly (as when the mechanic does not make the car run properly).

Nolo defines Novation as:

A benefit or right for which the parties to a contract must bargain. In order to be valid, a contract must be founded on an exchange of one form of consideration for another. Consideration may be a promise to perform a certain act — for example, a promise to fix a leaky roof in return for a payment of $1,000 — or a promise not to do something, such as build a second story on a house that will block the neighbor’s view (in return for money or something else). Whatever its particulars, consideration must be something of value to the people who are making the contract, even if the value is very low.

Black’s Law Dictionary defines Consideration as:

Something (such as an act, a forbearance, or a return promise) bargained for and received by a promisor from a promisee; that which motivates a person to do something. Consideration or a substitute such as promissory estoppel, is necessary for an agreement to be enforceable.

If you paid your money for the activity in Example, I when you signed up and you do not pay more money when you signed the second release OR what you received when you signed the second release was no different than what you received when you signed the first, there was no consideration or no new consideration. Without new or additional consideration, the second agreement is void.

The second Example is quite interesting based on consideration. If you paid the ski area directly for your lift ticket, then there might not be any consideration for the release you signed with the rec center. If you paid the rec center for the lift ticket and the rec center did not receive any of the money, there might be an issue of consideration to the ski area. The rec center would argue as a non-profit they are not supposed to make money or the taxes paid by the person who signed up covered the consideration.

If the rec center bought 2 dozen tickets from the ski area and paid the ski area and then resold them to the participants, then the ski area release would not have any consideration, and the second release would be void. The contract with consideration was between the rec center and the ski area.

If the rec center took the money and had a guest sign their release, then took the money to the ski area which gave the rec center a lift ticket for the people who had signed up, then there would be a contract between the parties, the guest, the rec center and the ski area, however, whether or not the consideration went the right way and to the right people for the right agreement is best determined by an Ouija board or a judge.

Now, if both contracts are signed at the same time, then the consideration may not be an issue, and novation is not an issue. If you have no choice but to use two releases, then have them signed at the same place at the same time.

Do Something

If you are an outfitter working with business, programs or non-profits brining groups to you, then offer to have everyone sign your release, (if it is a well-written  release) and specifically include the group, program, business and/or non-profit in your release. You can sell this as a benefit that you have provided them with a well-written document that provides protection for everyone.

If you have your guests, sign releases electronically, then set up your system so you are comfortable with the system, and you know that someone has signed. That means if they have paid, they have signed the release. They can’t pay without signing the release.

You do have a problem then you need to write a new release so that it takes into account the novation and consideration issues in the new agreement. You have a client who swears they sent you a signed release. However, you do not have a copy. Get a paper copy of the release and write on it that the guest is signing the new release because the old one was lost and the consideration for the new release was the $XX paid to go rafting paid on XX day of XXX month 2015. Have the guest sign the release, and the additional language added the release. However, doing this is extremely risky.

What do you think? Leave a comment.

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

Copyright 2015 Recreation Law (720) Edit Law


Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law


Mobile Site:

#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,, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Consideration, Novation, Release, Contract, Breach of Contract, Void,


Outdoor Industry Online Career Fair with Online Career FAirOnline Career Fair
Wednesday, February 25th , 12 noon to 3pm PSTcheckmark-sm.pngSign up by January 15 and receive one free job posting.

binoculars.png View Our Short Video
of How It Works
Register here

Three Reasons to Participate

  1. Access: to hundreds of candidates that you probably don’t get elsewhere. (live engagement with those candidates) and all at the convenience of your desk!
  2. Data. Hundreds of candidate’s information that you can pipeline for jobs in the coming months. Participating in the event will help you build your talent community and pipeline even if you don’t have job openings right now. If you do, you can screen and move your top picks through your hiring process.
  3. Great branding opportunity. It’s a competitive market and companies are looking at new ways to engage job seekers. What better way than on a tech platform. It’s fun, easy, and effective! Participating in virtual events is a great way to cut through the noise of your competition.

Benefits of Participating

  • You are sent a full candidate report after the event can be used to build their database of viable candidates and also reach out to those that didn’t attend the event.
  • You will have Access to your community and diversifying your workplace!
  • Save on travel and shipping costs for in-person events.
  • Convenience. Our platform can be accessed anywhere there is an Internet connection and a computer.
  • Ease of use - we do heavy lifting all you do it upload you information into our easy to use tool and we also will consult on best practices.
  • Training for reps participating from any given company in a partner event. Tuesdays at 2pm ET. Pick one that fits your schedule!

What Is Included? (PDF file)

Participating Employers: More Are Signing Up Each Day!

Dick's Sporting Goods Marmot
Robson Forensic

Ever Thought about Being a High Adventure Film maker? Adventure Film School can get you there!

AFS Logo
Home | Shop | Contact Us
Filmmaker Ben Sturgulewski joins AFS for Colorado Backcountry 2015

HAPPY NEW YEAR from all of us at Adventure Film School!

Wow — It’s been a whirlwind! In 2014, we launched a brand new website, made improvements to our curriculum, forged new relationships with partners/future instructors, and were the first online retailer of Meridian Line. 2014 has truly been an awesome first step to bringing you new resources & opportunities.

Of course, we could not have done it without your passion, inspiration, and support. THANK YOU so much. You are the reason we are here. Your emails, comments, and feedback push us not only improve AFS, but to be better filmmakers too.

It’s been a treat to connect with you out on the road, at events, or email & phone. We love seeing what you’re up to, and what you’re learning. AFS grows and develops along with all of you. We are definitely listening, so if you have ideas, interests, stories to share, or places you want to go. We want to hear it! You can reply to this email, call or visit us online.

Looking ahead to 2015, we’re just getting warmed up. We can’t wait to share some of the new stuff we’ve been working on based on your feedback. You’ll see more written and video content on our website, some amazing new instructors, and more opportunities to network & collaborate. Our updated calendar will release soon with more events coming through the year. So stay tuned! In the meantime, our Colorado Backcountry and GoPro Mountain Games courses are ON SALE ~ 25% off through midnight January 1st.

Thanks for a great 2014. Here’s to many more adventures. We look forward to seeing you out there!

Nasa & The AFS Crew



Thanks for subscribing to our Newsletter. Here’s an exclusive look a few of our coming events.

Timelapse Moab


Day-to-night Star trails. MotionControl. Dancing light in slot canyons and twisted trees. Learn techniques in timelapse photography & film.

NYC Crew


Be part of a professional production. Work under a mentor in a crew position of your chosing. Add a new film credit to your name.

Trekking Peru


Add a stunning backdrop to your next adventure film. Work in remote locations. Learn to pack light, and shoot on the move.


How To Shoot A Static Timelapse - 7 Questions You Need to Ask

How To Shoot A Static Timelapse – 7 Questions You Need to Ask

One of the challenges when shooting a timelapse is determining the ideal camera settings. Ask yourself these 7 questions before heading out to shoot.

Understanding the Basic Functions of a DSLR

Understanding the Basic Functions of a DSLR

Get the nuts and bolts to DSLR settings which can lead to improved photos, videos, and timelapse.

Finding a Balance Between Creativity & Running a Business

Finding a Balance Between Creativity & Running a Business

5 tips to help keep the creative juices flowing, no matter the project that you are working on.

Relationship Building - A Positive Attitude Leads to Success

Relationship Building – A Positive Attitude Leads to Success

A positive attitude can create a snowball effect and inevitably increase your chances at success with your business​


Colorado Avalanche Information Center Update: New Mobile Apps Coming

If you Ski inbounds or out, make a donation to your local Avalanche Information Center today!

2014 has been a great year and it looks like it will go out with some great powder riding!

This past year has been very productive for the Friends of CAIC and the CAIC and we wanted to give you an update on where we are investing our time and your dollars. Last Spring, we held our first annual fundraising campaign. We asked you, our users, to invest in avalanche forecasting and education throughout the State of Colorado. You responded and donated over $115,000 during that one campaign! The tremendous amount of support was incredibly humbling and we are very thankful to have such a solid supporter base.

Because of your support during the Spring campaign and over this past year, we have been able to make an impact on the CAIC’s avalanche forecasting program as well as avalanche education throughout the State of Colorado.

First, we are very proud to announce that in the coming months of 2015, we will be launching version 1 (V1) of the CAIC mobile app. The app will be available for both Apple and Android devices. V1 will provide a mobile platform for our avalanche forecast products. We are really excited to get feedback from our users and will utilize that feedback in future versions as we add functionality.

It is important to us that the public safety information we provide is readily available for our users. Therefore, we are continuing to evolve and develop the CAIC website. We have made several changes and improvements to the site and email products over the summer and are constantly trying to improve the user experience. We sincerely appreciate your feedback on the site and urge you to continue to send your thoughts our way.

Additionally, because avalanche education is a cornerstone of the Friends of CAIC mission, we are working in collaboration with the Utah Avalanche Center to develop an education program for Colorado schools called, “Know Before You Go”. Utah has seen tremendous success with this program and we are excited to bring it to our youth in 2015/2016.

Of course all of these programs take money and we couldn’t have started them or accomplished them without your support. Thank you! Your donations are making an impact.

There is still work to be done and we are striving to go bigger in 2015. We hope you will be along for the ride and consider making an end of year donation. There are only 3 days left to make a tax-deductible donation for 2014. Please consider making a donation here:

From all of us at the CAIC, we hope you have a safe, powder filled 2015.


Get every new post delivered to your Inbox.

Join 5,691 other followers

%d bloggers like this: