Cycling is Evolving Fast, Stay Up: Lennard Zinn’s New Road Bike Maintenance Book Covers New and Old Tech for All the Bikes You Ride

Lennard Zinn’s New Road Bike Maintenance Book Covers New and Old Tech for All the Bikes You Ride

Lennard Zinn, the world’s leading expert on bicycle maintenance and repair, has released the new fifth edition of his best-selling guide Zinn & the Art of Road Bike Maintenance. Offering simple step-by-step instructions to vintage components as well as the newest shifting, braking, cyclocross, forks, and bottom bracket systems, Zinn’s fifth edition is the most complete resource for DIY bike service. The book is now available in bookstores, bike shops, and online. Preview the book and the expanded table of contents at

Zinn & the Art of Road Bike Maintenance is the world’s best-selling guide to bicycle repair and maintenance. From basic repairs like how to fix a flat tire to advanced overhauls of drivetrains and brakes, Lennard Zinn’s clearly illustrated guide makes every bicycle repair and maintenance job easy for everyone.

Zinn’s friendly step-by-step guide explains the tools you’ll need and how to know you’ve done the job right. The book’s two-color interior is easy to read-even in a dimly-lit garage or workshop. Hundreds of hand-drawn illustrations and exploded parts diagrams show just the right level of detail to lead you through every bicycle repair task.

What’s New in Zinn & the Art of Road Bike Maintenance, 5th Ed.:

* New tech covered in depth: through-axle forks, SRAM eTap wireless shifting, second generation Shimano and Campagnolo electronic shifting, direct-mount sidepull brakes, SRAM X-Sync 1×11 cyclocross systems, tubular tire gluing tapes.
* New chapter on electronic shifting covers maintenance, service, repair, and troubleshooting of all Shimano, SRAM, and Campagnolo electronic shifting groups.
* New chapter on disc brakes covers maintenance, service, and repair of all hydraulic and mechanical systems.
* New troubleshooting charts
* New master guide to press-fit bottom brackets
* Also covered in the 5th edition: All derailleur shifting systems (5-speed through 11-speed); all bottom bracket systems (cone-and-cup through press-fit); all brake systems (including caliper, V-brake, cantilever, and disc); all headset, stem, handlebar and fork systems; wheelbuilding for all bikes including cyclocross and disc-brake wheels; special sections on cyclocross throughout including troubleshooting, maintenance, service, repair, and equipment selection; updated and expanded torque tables; complete illustration index and complete subject index.

Zinn & the Art of Road Bike Maintenance: The World’s Best-Selling Bicycle Repair and Maintenance Guide, 5th Ed.
Lennard Zinn | Paperback. Two-color interior with tables and over 700 illustrations throughout.
8 1/2″ x 11″, 488 pp., $26.95, 9781937715373

Lennard Zinn is the world’s leading expert on bike maintenance and repair. He is a world-renowned bicycle technician, frame builder, and tech writer for VELO magazine and Zinn was a member of the U.S. national racing team and has been riding and fixing bikes for nearly 50 years. A professional frame builder for his business Zinn Cycles, Lennard hosts the popular bike tech Q&A column on His best-selling bike maintenance and repair books include Zinn & the Art of Road Bike Maintenance, Zinn & the Art of Triathlon Bikes, Zinn’s Cycling Primer, The Mountain Bike Performance Handbook, and The Mountain Bike Owner’s Manual.

Amgen Tour of California Route Released 800 mile ride starting May 15, 2016



Millions Expected to Line Nearly 800 Scenic Miles to Cheer on

Premier Men and Women Cyclists in Eleventh Annual Event

LOS ANGELES, Calif. (Jan. 28, 2016) – The 2016 Amgen Tour of California route was released today, revealing a scenic but challenging course across nearly 800 miles of California’s most beautiful terrain where the world’s most accomplished cyclists will compete for the overall title May 15-22, 2016. Presented by Visit California, the route announcement included a route video with details of each of the eight stages, viewable at

Beginning May 19, an international field of lauded women cyclists will compete for four days with similar stage starts and finishes to the men’s course, doubling the racing excitement for many of this year’s host cities. The Amgen Tour of California Women’s Race empowered with SRAM is the first North American stage race of the inaugural UCI Women’s WorldTour and features the first Team Time Trial in race history.

For only the second time in Amgen Tour of California history, the race will progress south to north, beginning in San Diego and traveling through 10 additional host cities (four new this year) before a new champion is crowned in the state capital of Sacramento. The peloton will endure nearly 65,000 feet of climbing, including the race’s first ascent up the infamous Gibraltar Road in Santa Barbara County.

“We have an epic route in store for the 11th annual Amgen Tour of California,” said Kristin Klein, president of the Amgen Tour of California and executive vice president of AEG Sports. “Competitors and fans are in for thrills – in particular, one of the longest routes ever with lots of climbing, our second time riding south to north across the state, four new host cities, our first team time trial (women), and a can’t-miss race finish with the first-ever Gibraltar Road climb during the Queen Stage. The level of competition will highlight why the Amgen Tour of California is America’s Greatest Race and also one of the international season’s most challenging.”

Cyclists of all levels will have the chance to join public preview rides of several Amgen Tour of California stages, including the sixth annual L’Etape California on April 24 from Thousand Oaks to Santa Barbara County, and other free community rides with new race ambassador and four-time National Champion Freddie Rodriguez in Folsom (today), Monterey County (Feb. 3) Santa Rosa (March 19) and San Diego (April 30). More information on Amgen Tour of California public rides is available at

Once again, local organizing committees are filling thousands of volunteer positions for various duties along the course. Volunteer registration is now open at





San Diego

106 miles / 170.5 kilometers

Expected Outcome: Group sprint finish

The first day of racing will begin and end in first-time host city San Diego, the birthplace of California and the state’s second largest city. A natural fit for the nation’s premier cycling race, San Diego features a vibrant beach-oriented community whose residents are passionate about living a healthy lifestyle.

The peloton will depart Mission Bay traveling through Balboa Park before heading south toward downtown and the harbor with views of the historic Gaslamp District and Coronado Bridge.

The race’s first Visit California Sprint will take place in bike-friendly Imperial Beach before heading east toward the rolling hills of East County. With only one Lexus King of the Mountain point on Honey Springs Road, fans can expect a fast finish as the riders race west back to the coast.



South Pasadena to Santa Clarita

92 miles / 148 kilometers

Expected Outcome: Group sprint finish

Stage 2 will begin in new host city South Pasadena, known for its historic homes, charming tree-lined streets and proximity to Rose Bowl Stadium.

Despite being a sprinter’s finish, the profile on the way to Santa Clarita is filled with long gradual climbs that could take a toll on the sprinters’ legs. Riders will face several Lexus King of the Mountain points in the Angeles National Forest including Highway 2, Big Tujunga and Little Tujunga Canyon. Throughout the route, riders will see numerous historic California bridges and tunnels.

Santa Clarita, host to the most stages in race history (12), will welcome the riders for a wide, flat finish in downtown Newhall.



Thousand Oaks to Santa Barbara County (Gibraltar Road)

104.1 miles / 167.5 kilometers

Expected Outcome: Select group of 2-4 riders

Stage 3 has been 11 years in the making and is the day every general classification rider will have circled on their calendar. The challenging Queen Stage will begin in Thousand Oaks, home to biotechnology company Amgen, the race’s title sponsor since its inception. This area is a popular training ground for professional and weekend cyclists alike. Riders will leave Thousand Oaks and quickly descend to the cool breeze of the Pacific Coast Highway.

After traversing the flat strawberry fields of Oxnard and Ventura, the peloton will roll through the undulating terrain of Lake Casitas, Carpinteria and Montecito.

With approximately 6 miles to go, the profile will turn upward on Gibraltar Road, a beautiful twisting mountain road with an 8% average grade. Fans and teams have long requested a finish here, and road conditions have finally made it possible this year. With each turn toward what is sure to be an epic finish, the peloton will experience magnificent views of Santa Barbara and the beach below.

Fans have the opportunity to ride this course at the sixth annual L’Etape California on April 24, three weeks before the race. Once again, Amgen Tour of California Ambassador Jens Voigt will lead the ride along with new ambassador and four-time National Champion Freddie Rodriguez. Registration is open now at



Morro Bay to Monterey County at Mazda Laguna Seca Raceway

133.6 miles / 215 kilometers

Expected outcome: Select group finish

Stage 4 will feature several race “firsts” including the inaugural journey north up Pacific Coast Highway from new waterfront host city Morro Bay, which will showcase its natural beauty to the world.

Riders will roll out from the iconic Morro Rock and head north along California’s most famous coastline, passing windswept beaches and a dynamic estuary. For the next 100 miles, there are no turns as riders head north through coastal Cambria, over Big Sur’s famous Bixby Bridge and through Carmel-By-The-Sea en route to Monterey County.

The road to the marine-life oriented region of Monterey will be long with possible headwinds but also boundless beauty. Monterey was originally a fishing village, and today is one of the most visited areas in California and home to the world-famous Pebble Beach and Monterey Bay Aquarium.

With several short, steep climbs in the final five miles, this course could favor riders with quick bursts of power like last year’s race champion Peter Sagan (SVK). After 133 miles, expect a select group at the front to take a lap on the first racecourse finish in race history – the famously technical Mazda Raceway Laguna Seca, a venue known worldwide for motorsports competitions.



Lodi to South Lake Tahoe

132.4 miles / 213 kilometers

Expected Outcome: Select group finish

Stage 5 will usher riders from the beautiful vineyards of Lodi to a long gradual ascent to an uphill finish in South Lake Tahoe, reaching a peak elevation of 8,600 feet – the highest in race history. The ride, essentially a 130-mile climb that gains in elevation from 50 feet to 6,650 at the finish, will showcase California’s diversity, from the rich soil of the Central Valley to the mighty peaks of the Sierra Nevada Mountains.

This stage will be similar to Big Bear Lake stages of years past with plenty of climbing over the long route through national forest and wilderness areas. Upon reaching South Lake Tahoe, a short steep climb up Ski Run Boulevard will deliver the cyclists to the finish at Heavenly Mountain Resort.



Folsom Time Trial

12.6 miles / 20.3 kilometers

Expected Outcome: Wide roads and non-technical, rolling course favors pure time trialists

In 2014, time trial specialists Bradley Wiggins, Rohan Dennis, and Taylor Phinney took podium honors. In 2016, the 12.6-mile out and back course returns to Historic Downtown Folsom.

In a town made famous by musician Johnny Cash, cycling now takes center stage, with the course passing beneath the recently constructed Johnny Cash Bike Trail Bridge. Folsom residents enjoy a healthy lifestyle and will be lining up to see the next time trial winner show off their best race against the clock.



Santa Rosa

109 miles / 175.4 kilometers

Expected Outcome: Select group finish

Stage 7 will begin and end in longtime host city Santa Rosa in the heart of Sonoma County wine county, one of the many fantastic viticulture hot beds the race will pass through this year. It will cover some of the same territory as the popular annual Levi’s GranFondo event.

The course will be rolling throughout with four Lexus King of the Mountain points along King Ridge Road, Pacific Coast Highway and Coleman Valley Road. These country roads through redwoods, coastline and forests will keep the peloton attentive with the feeling of riding on the edge of a continent.

With a crucial time trial the day prior, this penultimate stage in the general classification competition will most likely feature aggressive racing and a small group vying on the downtown circuits of the flat finish.




93 miles / 149.7 kilometers

Expected Outcome: Group sprint finish

The capital city of California has hosted the Amgen Tour of California Overall Start for the past two years as well as individual stage finishes; 2016 will bring its first Overall Finish. This sports-crazed city is thriving with a new stadium under construction and several national sporting events taking place throughout the year.

The course will travel along the Sacramento River and cross Tower Bridge twice before returning downtown where fans will anxiously wait along the traditional finish circuits around the Capitol building.

Last year was the closest men’s race finish ever with general classification champion Peter Sagan winning by a mere 3 seconds after earning an intermediate sprint time bonus and bonus seconds on the final stage sprint. What excitement will this year’s final race day hold?





South Lake Tahoe

72.7 miles / 117 kilometers, 4,700-foot gain (at an altitude of 6,500 feet)

Expected Outcome: Select group finish

Stage 1 of the Amgen Tour of California Women’s Race empowered with SRAM will complete a full clockwise 72-mile loop of Lake Tahoe, just like the first stage in 2015.

The high-altitude route will feature an early Queen of the Mountain climb at Emerald Bay on the West Shore before reaching North Lake Tahoe and the communities of Kings Beach and Incline Village. As the race traverses the hilly yet beautiful East Shore, teams will begin working to set up \ general classification contenders for the short but steep uphill finish to Heavenly Mountain Resort – a 1-mile climb at an approximately 7% average gradient.

Lake Tahoe is known for its natural wildlife and outdoor enthusiasts, so fans will likely be watching from boats, paddle boards and bikes throughout the loop.



Folsom Team Time Trial

12.6 miles / 20.3 kilometers

Expected Outcome: Wide roads and non-technical, rolling course will create opportunities for strong teams

Stage 2 of the Women’s UCI WorldTour race will be a critical team time trial, a first for the Amgen Tour of California. The teams will race on the same time trial course as the men, out and back from Historic Downtown Folsom.



Santa Rosa

64 miles / 111 kilometers

Expected Outcome: Select group finish

Stage 3 of the Women’s Race empowered with SRAM will feature another long road course loop, similar to the first stage of the race around Lake Tahoe. At a race distance of 64 miles over rolling and twisting terrain, expect aggressive riding before the race returns to downtown Santa Rosa for three circuits. Santa Rosa is in for double the racing excitement, hosting the start and finish for the women and men on this day.

The first and last third of the course will feature the same roads as the men’s route with a single Queen of the Mountain climb on Coleman Valley Road.




41 miles / 66 kilometers (20 laps)

Expected Outcome: Group sprint finish

The overall champion will be decided after 20 laps of a downtown Sacramento circuit on wide, fast roads. Fans can expect shakeups until the very end — last year, Sacramento saw a thrilling women’s finish when Trixi Worrack’s (GER) general classification win came down to sprint time bonuses and the final sprint for the stage.

Preview Video –

Full-Length Video –

2015-2016 In bound ski/board fatalities

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.

If this information is incorrect or incomplete please let me know.  This is up to date as of January 15, 2016. Thanks.

Skiing and Snowboarding are still safer than being in your kitchen or bathroom. This information is not to scare you away from skiing but to help you understand the risks.

Red type is natural or medical conditions that occurred inbounds on the slopes

Green Type is Fatalities while sledding at the Resort

Blue Type is a Lift Accidents

2015 – 2016 Ski Season Fatalities






Trail Difficulty



Ski/ Board



Home town



Ref # 2




Bear Mountain



she collided with a metal stairway[i]





Jackson Township, CA




Jackson Hole

Moran Run


Hit tree





Boston, MA








fell, landing face down in the snow





Louisville, CO




Snoqualmie Pass

Silver Fir







North Bend, WA




Jackson Hole

Sundance run


found inverted in a tree well





Jackson Hole, WY





Whiteface Lake Placid

Summit Express


fell and struck his head

blunt impact to the head




Litiz, PA






Bear Valley















tree well




Avon, CO




Park City












Mount Snow








Simsbury, CT


Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the ski areas who have to deal with these tragedies.

You can download a PDF of this chart here: 2015 – 2016 Ski Season Deaths 1.15.16.

What do you think? Leave a comment.

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

Download a PDF of this chart here.

Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the ski areas who have to deal with these tragedies.

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, Skiing, Snowboarding, Fatality, Ski Area, Tubing, Breckenridge, Chair Lift, Hunter Mountain, Jackson Hole, Pine Knob, Eldora, Keystone, Breckenridge, Eldora, Keystone, Pine Knob, Jackson Hole, Hunter Mtn, Mt. Hood Skibowl, Snowbird Ski Resort, Nashoba Valley Ski Area, Northstar California ski resort, Arizona Snowbowl, Copper Mtn, Keystone Resort, Stowe Mountain Resort, Mission Ridge Ski, Crested Butte, Breckenridge, Mr. Bachelor, White Pass Ski Area, Deer Valley Ski Resort, Steamboat Springs Ski Resort, Snoqualmie Pass, Mount Snow, Park City, Vail,



New Organization hopes to promote cycling city by city, run by experts in the industry

BikeLife Cities Expands, Helping Cities Build Bike Culture and Safer Streets

BikeLife Cites, a new media venture based in the Platinum bike-friendly community of Boulder, Colorado, was spawned by Catalyst Communication to help towns and cities inspire their neighborhoods, citizens and communities to become more bike friendly. BikeLife and Catalyst are rooted in the belief that bicycling makes cities more sustainable, healthier and more vibrant places to live and work. The venture partners directly with city transportation departments and cycling advocacy groups to help them achieve measurable outreach goals.

BikeLife Cities includes a full-color magazine designed to be mailed to all or a targeted portion of a city’s residents, along with an interactive website, social media platform and email marketing campaigns.

The concept launched with three cities that have been designated Bicycle Friendly Communities: Boulder (platinum) including the University of Colorado, Tucson (gold) and Kansas City (bronze) and quickly expanded to include partnerships with Seattle, San Diego, Tempe/Mesa (Phoenix), Kansas City, Denver and Anchorage.

“Our goal is to help the cities reach new audiences with safe ways to enjoy cycling,” said Lynn Guissinger, president of Catalyst. “While the vast majority of car trips taken are under two miles, our vision is that BikeLife can be a means to inspire folks to take a few more trips by bike or just ride for the pure fun of it.”

Working in partnership with city transportation leadership, BikeLife seeks to connect city resources and stories to the majority of the population that are “interested in cycling, but concerned about safety, equipment or routes” identified in research conducted by the Portland Department of Transportation. BikeLife helps cities reach goals of safer streets, increase ridership, while supporting overall health and economic development goals.

Content includes up to 16 pages of local stories provided by the cities and national stories focused on the interests of the local community.  Features often target women, families and other groups showing increasing interest in riding. BikeLife Cities combines local maps, events, and showcases businesses connected to the “bike-ecosystem” of each city.

Deb Ridgway, the Bike/Ped Coordinator for Kansas City, MO, said, “We need to provide more information on safe places, routes and ways to ride, to help get more people on bikes. With many cities investing in better bike infrastructure, BikeLife is an excellent complement to promote those facilities to get more people riding and help educate them on rider safety.”

BikeLife Cities magazines are typically mailed directly to households and/or distributed free at key events or locations throughout the city. A full website complements the print versions and digital resources are circulated to major employer networks in the cities.

Cities have been spreading the cost of producing BikeLife across a number of groups, often using it as a communication tool to fulfill grant requirements.  Cities typically pay a portion and state or federal grants have also been utilized through the Surface Transportation Program (STP) Tiger, Vision Zero safety grants or air quality grants to help fund publishing costs. National partnerships and advertising also offset printing and distribution.

About Catalyst Communication

Catalyst Communication has 30 years’ experience in the bicycling and outdoor industry producing marketing, media and advertising for retailers, suppliers and advocacy.  Under the leadership of its late founder, Leslie Bohm, it has been a leader in bicycle advocacy, as a founder of Bikes Belong (People for Bikes) and a long-time activist with the League of American Bicyclists and other advocacy organizations.

For more information, or to discuss partnerships with BikeLife Cities, please contact Lynn Guissinger at or 303-444-5545 x106 or visit

If you are interested in this for your city Contact Rich Cook,, Tel: 970-485-0170

clip_image002What do you think? Leave a comment.

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

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Copyright 2016 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, Bike Life, Rich Cook, Cycling, BikeLife



Admiralty law did not stop a release from barring a claim for negligence for a parasailing injury.

Aramark sued for parasailing accident when it booked the trip with an “affiliate.”

Cobb v. Aramark Sports and Entertainment Services, LLC, 933 F. Supp. 2d 1295; 2013 U.S. Dist. LEXIS 20139; 2013 AMC 2563

State: Nevada, United States District Court for the District of Nevada

Plaintiff: Jaclyn Cobb

Defendant: Aramark Sports and Entertainment Services, LLC

Plaintiff Claims: Negligence

Defendant Defenses: Release

Holding: For the defendant

Year: 2013

The plaintiff signed up to go parasailing on Lake Tahoe with Zephyr Cove Resort. Zephyr Cove Resort is described by the court as being an “affiliate of the defendant Aramark. Aramark is well known as a large concessionaire operating hotel and services in National Parks.

After signing up the plaintiff signed a release (waiver). The plaintiff went parasailing and was sailing when the weather turned bad. She was being reeled back to the boat when she struck her knee causing injury.

The plaintiff filed this claim against Aramark. (It is not stated what the relationship is between Aramark and Zephyr Cove Resort or why the plaintiff did not sue Zephyr Cove Resort.)

The defendant filed a motion for summary judgment which the court granted with this opinion.

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

Most legal decisions based where a motion for summary judgment is filed to review the requirements on what must be proved by the defendant (generally), for the motion to be granted. Generally, that occupies one to five paragraphs in the order. Most are either too succinct to explain the process or too wordy to make deciphering the process worth the effort. This court did a great job of explaining what the defendant must prove to succeed in its motion for summary judgment. The court then reviewed what the plaintiff must do to rebut the motion for summary judgment.

The party filing a motion for summary judgment must argue the facts, taken in the light most favorable to the opposing party when applied to the law show there is no genuine issue of material fact. Those facts must show that no reasonable trier of fact (a jury normally), could find any other way.

The moving party bears the burden of informing the court of the basis for its motion, along with evidence showing the absence of any genuine issue of material fact. On those issues for which it bears the burden of proof, the moving party must make a showing that is “sufficient for the court to hold that no reasonable trier of fact could find other than for the moving party.

To rebut the motion for summary judgment the non-moving party must point to facts in the record which so issues. The record is the evidence, depositions, responses to interrogatories and information that met the rules of evidence to be presented to the court.

To successfully rebut a motion for summary judgment, the non-moving party must point to facts supported by the record which demonstrate a genuine issue of material fact.

If a reasonable mind could see the facts in a different way, then a motion for summary judgment is not appropriate. The issues must go to trial and be presented to a jury. The evidence presented in the motion must be genuine that means a reasonable jury can only see the evidence as pointing in one direction, saying one thing. The evidence that is not proved must be more than a scintilla; it must show there is a real dispute in how the facts can be seen.

Where reasonable minds could differ on the material facts at issue, summary judgment is not appropriate. A dispute regarding a material fact is considered genuine “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” The mere existence of a scintilla of evidence in support of the plaintiff’s position will be insufficient to establish a genuine dispute; there must be evidence on which the jury could reasonably find for the plaintiff.

Consequently, when a court grants a motion for summary judgment, the evidence presented is such the court can see that evidence only proving one view of the issue and there is no other evidence that refutes that evidence sufficient to change the mind, or even make the person waiver in his or her thoughts on how the evidence is viewed.

In this case, the court found that admiralty law did apply in this case. Admiralty law is federal law that controls the seas or waters moving between two states. Lake Tahoe has shores on both Nevada and California so admiralty law was the law to be applied to the case.

The action giving rise to the admiralty law claim must be based on maritime activity. The Supreme Court and other federal courts have a very broad definition of maritime activity, and paragliding has been found to be a maritime activity.

An action falls within the admiralty jurisdiction of the federal courts under 28 U.S.C. § 1333(1) when: (1) the underlying tort occurred on navigable waters; and (2) the actions giving rise to the tort claim bear a significant relationship to traditional maritime activity.

Where, as here, a body of water forms a border between two states and is capable of supporting maritime commerce, it is considered navigable for the purpose of establishing admiralty jurisdiction. Second, parasailing bears a significant relationship to traditional maritime activities sufficient to establish admiralty jurisdiction. (“Careful and safe navigation of vessels in navigable waters have always been a fundamental admiralty concern. Navigation is an essential component in the parasailing activity.”)

Assumption of the risk is not a defense that can be used in a case covered by admiralty law. However, release is a valid defense.

In her opposition, Cobb argues that the liability waiver is unenforceable because under federal maritime law assumption of the risk is not a valid defense. Cobb is correct that assumption of the risk is not an available defense in maritime cases involving personal injury. However, this does not preclude Aramark from raising the defense of express waiver in this case. Waiver and assumption of the risk are two distinct affirmative defenses and are addressed separately under federal admiralty law.

Under Admiralty law, a release must meet a two-part test.

First, Cobb concedes that she knowingly and voluntarily signed the liability waiver. Second, the court finds that the express waiver in this action is clear and unambiguous as it contains specific language releasing Zephyr and its affiliates, including defendant Aramark, for injuries sustained in carrying out the parasailing activities as a result of Zephyr’s negligence

An unambiguous waiver is one that specifically bars the claims of the plaintiff and protects all the defendants. “A waiver is clear and unambiguous if it specifically bars the plaintiff’s negligence claim and explicitly exonerates all defendants in the lawsuit.”

The court then specifically pointed out that the injury the plaintiff is complaining of was specifically listed in the release. “Further, the very injuries Cobb is suing for are specifically precluded by the waiver including “drowning, sprained or broken bones.

Nor does the release violate public policy. Voluntary recreational activities do not violate public policy under admiralty law.

Third, the underlying express waiver is not inconsistent with public policy because waivers of liability on navigable waters do not contravene federal public policy.

The waiver is also not an adhesion contract because again, it is for a voluntary recreational activity.

Finally, the court finds that the express waiver signed by Cobb is not an adhesion contract because it concerns a voluntary recreational activity. Under federal admiralty law, liability waivers for recreational sporting activities like parasailing are not contracts of adhesion because they are not essential services.

Finding that Admiralty law was the law to be applied, finding that admiralty law allowed the use of a release to stop claims for negligence and finding the release in this matter was valid, the court granted the defendants motion for summary judgment.

Therefore, the court finds that the underlying pre-accident waiver is valid and enforceable and absolves the defendant Aramark of any liability arising from the recreational parasailing activity. Accordingly, the court shall grant Aramark’s motion for summary judgment.

So Now What? 

This is another decision that you should keep handy if your recreational activity could be viewed as subject to admiralty law. Scuba diving, whitewater rafting, and as here parasailing, dependent on the location of the activity, can all be subject to admiralty law.

The decision is also good because its explanation of the law is simple and succinct. You want nothing better than to point to a sentence in a case to support your position that is easy to read and easily understood; no matter how intelligent the judges and attorneys are that may be reading it.

Of major importance for everyone is the court specifically pointed out that the injury the plaintiff was complaining about was one the release specifically pointed out as one that could occur in the release.

Whenever those two issues occur, the injury the plaintiff received was in writing in the release courts point it out. That should be a major flag to anyone writing a release that you need to list the risks of the activity in your release. You must list the major accidents that can occur like death and the common accidents that can occur, like sprains and strains for the activity, you are running.

clip_image002What do you think? Leave a comment.

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

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Copyright 2016 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, Parasailing, Release, Admiralty and Maritime Law, Admiralty Law, Nevada, Lake Tahoe, Aramark,


A call for presentation proposals for the 2016 Grand Canyon History Symposium

A call for presentation proposals for the 2016 Grand Canyon History Symposium

An Official Centennial Event, as sanctioned by the National Park Service Centennial 2016 Committee!

The Grand Canyon Historical Society is pleased to announce the 4th Grand Canyon History Symposium, to be held on November 4-6, 2016. We encourage everyone who has done research on (or been a part of) Grand Canyon regional history to consider presenting. Proposals must be received by Tuesday, March 1, 2016.


Since January 2002, there have been three history symposia, bringing together historians, witnesses to history, park employees, and others with a passion for Grand Canyon history. The presentations from each symposium were assembled into a collection of essays. It is the Grand Canyon Historical Society’s intent to publish the proceedings from this symposium as well.

National Park Service Focus

The 2016 Symposium will be unique in that there will only be 16 presentations with preference in selecting presentations given to those that tie Grand Canyon National Park to the National Park Service. Presentations concerning the history of the greater Grand Canyon and its adjacent areas within the Kaibab Plateau will also be considered.

After the 2016 Symposium, the one hundredth anniversary of Grand Canyon National Park will occur in 2019. It is anticipated that the 2019 Symposium will be a three day event with over 40 presentations. Candidates who are not chosen for the 2016 symposium will be encouraged to re-submit their proposals for the 2019 Symposium.

Submitting a Proposal

To be considered, please submit the following information by Tuesday, March 1, 2016:

__ Name __ Mailing address __ Phone number __ Email address

__ Presentation title with a 150-300 word abstract or summary of your presentation

__ Audio-visual requirements

__ Acknowledgement that, if selected, you agree to submit your complete PowerPoint presentation and up to 3,000 word presentation in essay form by Saturday, October 15, 2016

Send to:

Grand Canyon Historical Society or: Secretary

PO Box 31405

Flagstaff, AZ 86003-1405

You can view this cartoon a dozen different ways. Most should make you think.

No doubt I love Frazz. I think his view of the world his hilarious and right on. This view of the ski industry is right on, so many different ways.

clip_image002    January 17, 2016

I teach Ski Area Risk Management at Colorado Mountain College in Leadville, Colorado in the Ski Area Operations Program. Most of those students (kids) are there to ski and have convinced their parents they are they for an education. (This is probably no different than most colleges.)

Most lift operators (lifties) and other entry-level workers at ski areas work two or three jobs to be able to stay in the mountains. I’m amazed at the hours they work at all those jobs and still have time to ski or board once in a while.

Working at a ski area is not skiing all day. Now days it means hoping to ski.

The rest of the outdoor industry is in a similar predicament. You love what you do, but the only way you can do it is if someone with a lot, more money pays you do to it, when they have the time.

Me? I picked time and got lucky with my work.

So you are faced with a dilemma. Enjoy your preferred occupation between surviving or change your direction in life and enjoy your preferred avocation between…..surviving.

clip_image004What do you think? Leave a comment.

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


Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Copyright 2016 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, Frazz, Time, Money, Live, Liftie, Ski Resort,














Get every new post delivered to your Inbox.

Join 3,072 other followers