If you throw a throwbag incorrectly (yes there is now a right way and wrong way) that can be used to sue you. It used to be the correct way was the swimmer got the rope; incorrect way swimmer missed the rope.

Yo! Raft guides, ever been sued? New ASTM standard will now make that possible!

Well meaning, hardworking volunteers have no idea how they are helping to create lawsuits but here is the perfect example.

ASTM F1730 – 96(2014)

Standard Guide for Throwing a Water Rescue Throwbag

Active Standard ASTM F1730 | Developed by Subcommittee: F32.02

Book of Standards Volume:13.02

Here is how this standard is explained.

Significance and Use

3.1 This guide establishes a recommended procedure for a throwing rescue to ensure the safety of all water rescuers who may be involved in rescue techniques at a water rescue emergency.

3.2 This water rescue technique can be utilized from land, boat, or any stable platform.

3.3 All persons who are identified as water rescuers shall meet the requirements of this guide.

3.4 This guide is intended to assist government agencies, state, local, and regional organizations; fire departments; rescue teams and others who are responsible for establishing a minimum performance for personnel who respond to water emergencies.

3.5 The procedure outlined in the document may vary with the number and type of victims, and water conditions.

1. Scope

1.1 This guide covers the recommended procedures for throwing a water rescue throwbag.

1.2 This guide is one in a series of water rescue techniques for the water rescuer.

1.3 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.

Does this apply to raft guides? I would say yes.

Is a raft guide a “water rescuer” who may be involved in rescue techniques at a water rescue emergency.” If so you have to meet the requirements of this guide.

Do you know the name of a group of people who meet this definition? “…others who are responsible for establishing a minimum performance for personnel….” They are called a jury.

Let’s see how this is a messed up idea.

You were a high school quarterback with a good arm. You can throw a throwbag just like a football with great accuracy.

You are right-handed and standing on shore next to a rock wall. There is not room to throw the throwbag underhanded.

You are on a 12’ raft in the Royal Gorge on the Arkansas River. Does the definition of 3.2, which describes a boat as stable apply to you? Since your boat is not stable should you knot use your throwbag? Are you allowed to throw any way you can, if you are not stable?

Seriously, why is someone writing these things? Can’t they see how broadly this is written and how much damage it will do?

Look, someone is in the river it doesn’t matter if you are throwing the bag backwards, blindfolded standing on one leg in a pink tutu. If you get the rope to the swimmer, that was the correct way!!!

 

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About these ads

Really neat assumption of the risk agreement. But will it work? Should it be a release?

Without the word negligence or giving up your right to sue it is not a release.

A friend sent me this assumption of the risk form. You can find it here. It is on the WaterTribe website. It is fun to read and well written. Three long pages of warnings about the risks of boating.

However there is no place to sign. So there is no way to prove that anyone signed the form.

There is also no use of the magic word negligence or language where the party is giving up the right to sue.

The document says you have to sign a release, however searching the site did not turn one up. However it might be a member’s only location on the site. Does the release tie into or relate back to this form. That would provide great assumption of risk proof.

Do Something

However this is nothing wrong with this document. It tells the truth that if you don’t read and pay attention to what it says you can get hurt or die.

Maybe we need more documents that drive home the risk, rather than legally dance around it.

What do you think? Leave a comment.

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Release signed for whitewater rafting also works to stop claim for tripping getting out of raft bus. Tennessee release law broad enough to protect items enumerated in the release

Henderson v. Quest Expeditions, Inc. 174 S.W.3d 730; 2005 Tenn. App. LEXIS 334

Plaintiff: Nathan & Brandy Henderson

Defendant: Quest Expeditions, Inc.

Plaintiff Claims: negligence

Defendant Defenses: Release

Holding: for the defendant based on the release

This Tennessee case is quite interesting. The plaintiff was a first-time whitewater rafter. After the raft trip ended, he boarded the bus to ride back to the office. For some reason, not in the record, he was forced to get out of the first bus and board another bus. While disembarking from the first bus he slipped and fell sustaining injuries.

He filed this suit which was dismissed by the trial court based on a Motion for Summary Judgment. The plaintiff appealed arguing the release was barred by public policy and void because it was too excessive in its scope.

Summary of the case

The court looked at all arguments raised by the plaintiff on appeal. Some that I have reviewed and written about before and some new and “novel” theories.

The first issue was the plaintiff stated the release should be thrown out because the plaintiff “had no previous white-water rafting experience, and was given a pre-printed document to sign prior to the excursion which was not reviewed with him by an employee of defendant.”

Can you imagine the pile up in an office if you had to go over each release with each patron who came to purchase a trip from you?

The plaintiff also argued that “he was not advised whether there were any other rafting companies who would allow him to go rafting without having to sign a waiver, or whether he could pay additional money to not have to sign the waiver.”

This is a rare argument, but it has been used to defeat releases in a few cases. See Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2.

The next argument was the release was void because it violated public policy. The court first looked at whether releases were valid in Tennessee. The Tennessee Supreme Court upheld releases.

It is well settled in this State that parties may contract that one shall not be liable for his negligence to another but that such other shall assume the risk incident to such negligence. . . . Further, it is not necessary that the word ‘negligence’ appear in the exculpatory clause and the public policy of Tennessee favors freedom to contract against liability for negligence.

Of note is the statement by the court that the word negligence does not need to appear in the release. The Tennessee Supreme Court adopted the requirements of Tunkl v. Regents of University of California, 60 Cal. 2d 92, 383 P.2d 441, 32 Cal. Rptr. 33 (Ca. 1963) to determine if an activity should not be covered by a release.

(a.) It concerns a business of a type generally thought suitable for public regulation.

(b.) The party seeking exculpation is engaged in performing a service of great importance to the public, which is often a matter of practical necessity for some members of the public.

(c.) The party holds himself out as willing to perform this service for any member of the public who seeks it, or at least for any member coming within certain established standards.

(d.) As a result of the essential nature of the service, in the economic setting of the transaction, the party invoking exculpation possesses a decisive advantage of bargaining strength against any member of the public who seeks his services.

(e.) In exercising a superior bargaining power the party confronts the public with a standardized adhesion contract of exculpation, and makes no provision whereby a purchaser may pay additional reasonable fees and obtain protection against negligence.

(f.) Finally, as a result of the transaction, the person or property of the purchaser is placed under the control of the seller, subject to the risk of carelessness by the seller or his agents.

The court then looked at the factors as explained by the Tennessee Supreme Court. Generally, professionals are not allowed to receive a release for their negligence, where tradesmen could.

…not all of the factors had to be present in order to invalidate an exculpatory agreement, but generally, the factors were limited to circumstances involving “a contract with a profession, as opposed to ‘tradesmen in the marketplace’

Whitewater rafting is not a professional trade and as such the defendant could use a release. Whitewater rafting “is not a service of “great importance to the public, which is often a matter of practical necessity for some members of the public.” There is no necessity that one goes whitewater rafting.

The plaintiff then argued that because whitewater rafting was regulated it was of a public interest. Tennessee’s legislature passed 2005 Tenn. Pub. Acts 169 which regulated whitewater rafting in the state. However, the statute specifically allowed the use of releases. T.C.A. 70-7-205. Written waivers, exculpatory agreements and releases.

The final argument was the injury received by the plaintiff, slipping exiting a bus, which not an inherent risk of whitewater rafting and thus of outside the scope of the release. The plaintiff described the busses of the defendant in his complaint as: “…dilapidated school buses.” (Seems like a normal rafting company to me……

However, the court rejected that argument on two grounds. The first was the release was written broadly and covered all negligent acts of the defendant. The second was the release mentioned bus or van transportation. “Moreover, the Contract specifically mentions that plaintiffs are being furnished and participating in white-water rafting and “bus or van transportation” provided by the defendant.”

The court concluded:

The Contract under consideration is clear and unambiguous, and states that plaintiffs agreed to release defendant from any and all liability, including defendant’s own negligence. Moreover, the Contract specifically mentions that plaintiffs are being furnished and participating in white water rafting and “bus or van transportation” provided by the defendant. The Contract states that plaintiffs realize that they could be injured due to dangers from the rafting as well as the use of white water equipment, forces of nature, or even due to the negligence of defendant’s employees and other rafters. The Con-tract states that defendant is being relieved of any liability caused by its own negligence in no less than four places, the last of which is in bold print above the signature line. This Contract is plain, and enforceable as written.

So Now What?

First never run the risk of having a release thrown out because it does not include the magic word negligence. Even though the Supreme Court may not require it today, your lawsuit tomorrow may set precedence on that issue. It is easy to put in and should be in every release.

To defeat the argument that you should be able to bargain your way out of the release or that whether there are any other companies offering trips without requiring a release to be signed you should put language in your release advising your clients about those issues. A release that states that the person is signing the release voluntarily and undertaking the activity voluntarily and is free to go, as in this case, whitewater rafting with someone else can eliminate this argument in most states.

To engage or purchase a trip with you without signing a release have your insurance company send you a letter stating how much your insurance would cost if a release is not signed. Then if asked you can show a patron the letter to support charging the normal price plus the increase in your insurance premium to go on a trip without signing a release. A $10,095.00 raft trip is probably not worth it for a day on the water.

If anyone asks if they can go rafting and not sign a release, the easiest way to respond is to send them to a competitor.

Whether or not transportation will be covered by a release will be different for each state. In some states if the transportation is incidental to the activity it may be covered. Here the release was written broadly, and releases are interpreted broadly to allow the scope of the release to cover transportation.

In some states, however, transportation is an activity that cannot be released because it is protected by public policy.

 

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Henderson v. Quest Expeditions, Inc. 174 S.W.3d 730; 2005 Tenn. App. LEXIS 334

Henderson v. Quest Expeditions, Inc. 174 S.W.3d 730; 2005 Tenn. App. LEXIS 334

Nathan & Brandy Henderson v. Quest Expeditions, Inc.

No. E2004-02585-COA-R3-CV

COURT OF APPEALS OF TENNESSEE, AT KNOXVILLE

174 S.W.3d 730; 2005 Tenn. App. LEXIS 334

April 4, 2005, Session

June 8, 2005, Filed

SUBSEQUENT HISTORY: Appeal denied by Henderson v. Quest Expeditions, Inc., 2005 Tenn. LEXIS 962 (Tenn., Oct. 24, 2005)

PRIOR HISTORY: [**1] Tenn. R. App. P.3 Appeal as of Right; Judgment of the Circuit Court Affirmed. Direct Appeal from the Circuit Court for Polk County. No. CV-03-130. Hon. John B. Hagler, Circuit Judge.

DISPOSITION: Judgment of the Circuit Court Affirmed.

COUNSEL: H. Franklin Chancey, Cleveland, Tennessee, for appellants.

Gary A. Cooper, Chattanooga, Tennessee, for appellee.

JUDGES: HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the court, in which CHARLES D. SUSANO, JR., J., and D. MICHAEL SWINEY, J., joined.

OPINION BY: HERSCHEL PICKENS FRANKS

OPINION

[*731] In this action for personal injuries allegedly due to defendant’s negligence, the Trial Court granted defendant summary judgment on the grounds that plaintiffs had executed a Waiver and Release of Liability which was required by defendant prior to plaintiffs’ participation in white water rafting. Plaintiffs have appealed, insisting the Release is void as against the public policy of this State. We affirm.

Plaintiffs’ Complaint alleged that Henderson was injured while on a white water rafting expedition operated by defendant. The Complaint alleged that defendant “ferries rafters to and from the Ocoee River by means of a series of dilapidated school buses.”, and that [**2] after Henderson had completed his rafting trip, he and other rafters were put on a bus, and then told to get on another bus, and when disembarking from the first bus he slipped and fell, sustaining severe personal injuries. Plaintiffs further alleged that defendant’s negligence was the proximate cause of his injuries.

Defendant in its Answer admitted that Henderson had participated in a rafting trip sponsored by defendant, and among its defenses raised was waiver, because plaintiff had signed a “Waiver and Release of Liability”, which defendant attached to its Answer.

In their Answers to Requests for Admissions, plaintiffs admitted that the waiver in question had been signed by Henderson. Defendant then filed a Motion for Summary Judgment, which plaintiffs opposed and Henderson filed his Affidavit which stated that Henderson had no previous white-water rafting experience, and was given a pre-printed document to sign prior to the excursion which was not reviewed with him by an employee of defendant. He further stated that he was not advised whether there were any other rafting companies who would allow him to go rafting without having to sign a waiver, or whether he could pay additional [**3] money to not have to sign the waiver.

The Trial Court determined that the waiver in this case did not affect the public interest, and thus the waiver was not void as against public policy. The court noted that Olson v. Molzen, 558 S.W.2d 429 (Tenn. 1977) did not apply to this situation and he was guided by the rule adopted in California, which states that “exculpatory agreements in the recreational sports context do not implicate the public interest.” Citing Allan v. Snow Summit, Inc., 51 Cal. App. 4th 1358, 59 Cal.Rptr.2d 813, 823 (Ca. App. 1996).

Plaintiffs on appeal insist the Waiver is void against public policy, and in the alternative, that the Waiver was void on the grounds it was too excessive in scope.

Plaintiffs concede that if the Waiver is enforceable then this action is barred, but argue the waiver violates the public policy of this State.

[*732] As our Supreme Court has explained:

[HN1] It is well settled in this State that parties may contract that one shall not be liable for his negligence to another but that such other shall assume the risk incident to such negligence. . . . Further, it is not necessary that the word ‘negligence’ appear [**4] in the exculpatory clause and the public policy of Tennessee favors freedom to contract against liability for negligence.

Empress Health and Beauty Spa, Inc. v. Turner, 503 S.W.2d 188 (Tenn. 1973).

An exception to this rule was recognized by the Supreme Court in Olson v. Molzen, wherein the Court held that certain relationships required greater responsibility which would render such a release “obnoxious”. Olson, at p. 430. The Court adopted the opinion of the California Supreme Court in Tunkl v. Regents of University of California, 60 Cal. 2d 92, 383 P.2d 441, 32 Cal. Rptr. 33 (Ca. 1963), which held that where the public interest would be affected by an exculpatory provision, such provision could be held invalid. Olson, at p. 431.

[HN2] Our Supreme Court adopted the six criteria set forth in Tunkl as useful in determining when an exculpatory provision should be held invalid as contrary to public policy. See Olson. These criteria are:

(a.) It concerns a business of a type generally thought suitable for public regulation.

(b.) The party seeking exculpation is engaged in performing a service of great importance to [**5] the public, which is often a matter of practical necessity for some members of the public.

(c.) The party holds himself out as willing to perform this service for any member of the public who seeks it, or at least for any member coming within certain established standards.

(d.) As a result of the essential nature of the service, in the economic setting of the transaction, the party invoking exculpation possesses a decisive advantage of bargaining strength against any member of the public who seeks his services.

(e.) In exercising a superior bargaining power the party confronts the public with a standardized adhesion contract of exculpation, and makes no provision whereby a purchaser may pay additional reasonable fees and obtain protection against negligence.

(f.) Finally, as a result of the transaction, the person or property of the purchaser is placed under the control of the seller, subject to the risk of carelessness by the seller or his agents.

Olson, at p. 431.

In Olson, the Supreme Court invalidated a contract between a doctor and patient which attempted to release the doctor from liability for his negligence in the performance of medical [**6] services. Also see Carey v. Merritt, 148 S.W.3d 912 (Tenn. Ct. App. 2004) and Russell v. Bray, 116 S.W.3d 1 (Tenn. Ct. App. 2003). In Russell, this Court refused to enforce an exculpatory contract between home buyers and the home inspectors who were hired by the buyers, because the Court found that the home inspectors were professionals whose services affected the public interest, and thus the contracts were offensive to public policy, based on the factors enumerated in Olson. In Carey, this Court made clear that [HN3] not all of the factors had to be present in order to invalidate an exculpatory agreement, but generally, the factors were limited to circumstances involving “a contract with a profession, as opposed to ‘tradesmen in the marketplace’.” Carey, at p. 916; cf. Parton v. Mark Pirtle Oldsmobile-Cadillac-Isuzu, Inc., 730 S.W.2d 634 [*733] (Tenn. Ct. App. 1987) (auto repair shop is not “professional” as would qualify it as service affecting public interest in order to invalidate exculpatory contract).

This case is factually different from Olson, Carey, and Parton because the white-water rafting service offered [**7] by defendant is not a “professional” trade, which affects the public interest. As discussed in factor number two quoted above, this is not a service of “great importance to the public, which is often a matter of practical necessity for some members of the public.” See Olson. There is no necessity that one go white-water rafting. In fact, [HN4] many jurisdictions have recognized that such recreational sporting activities are not activities of an essential nature which would render exculpatory clauses contrary to the public interest. See Seigneur v. National Fitness Institute, Inc., 132 Md. App. 271, 752 A.2d 631 (Md. Ct. Spec. App. 2000) (health club services not essential for purposes of holding exculpatory clause unenforceable as offensive to public interest); Allan v. Snow Summit, Inc., 51 Cal. App. 4th 1358, 59 Cal.Rptr.2d 813 (Cal. Ct. App. 1996) (“voluntary participation in recreational and sports activities [skiing] does not implicate the public interest”); Schutkowski v. Carey, 725 P.2d 1057 (Wyo. 1986) (sky diving and other private recreational businesses generally do not involve services which are necessary to the public such [**8] that exculpatory contract would be invalidated).

Plaintiffs argue that the Release in this case does affect the public interest because the business involved, i.e. commercial white-water rafting, is subject to regulation. While this is true, the presence of this factor does not render this Release offensive to the public interest. In fact, [HN5] recent legislation passed by the Tennessee Legislature “recognizes that the State has a legitimate interest in maintaining the economic viability of commercial white water rafting operations” because the State and its citizens benefit thereby. 2005 Tenn. Pub. Acts 169. This act states the legislative intent is to “encourage white water rafting by discouraging claims based on injury, death or damages resulting from risks inherent in white water rafting.” Id. Thus, the Tennessee legislature has evidenced that the public policy of this State is that commercial white water rafting companies be protected from claims for injuries to patrons.

Accordingly we affirm the Trial Court’s determination that the exculpatory contract in this case does not affect the public interest such that it should be invalidated pursuant to the Olson criteria.

Finally, [**9] appellants argue that the Release in this case should not operate as a bar to their claims because the injury suffered by Henderson was not within the “inherent risks” of the sport of white water rafting, and thus was not within the contemplation of the parties when the release was signed.

In the cases relied on by the plaintiffs regarding the scope of exculpatory provisions in the context of a sport, there are no provisions in those agreements which purport to release the defendant from its own negligence. For example, in Johnson v. Thruway Speedways, Inc., 63 A.D.2d 204, 407 N.Y.S.2d 81 (N.Y. App. Div. 1978), the Court refused to uphold a grant of summary judgment based on a release signed by the plaintiff prior to the sporting event. The Court stated that language of the release (which was not quoted in the opinion) “could lead to the conclusion that it only applied to injuries sustained by a spectator which were associated with the risks inherent in the activity of automobile racing”. The plaintiff in that case was injured when he was hit by a maintenance vehicle not involved in the race. Id. at 205. Thus, the Court [*734] held that this created a triable issue of fact [**10] as to whether the incident was of the type contemplated by the parties when the release was signed. Id.

Similarly, in the case of Larsen v. Vic Tanny International, 130 Ill. App. 3d 574, 474 N.E.2d 729, 85 Ill. Dec. 769 (Ill. App. Ct. 1984), the plaintiff was injured when he inhaled dangerous vapors created by the negligent mixing of cleaning compounds by the defendant health club’s employee. Plaintiff had signed a membership contract which contained exculpatory language regarding plaintiff’s use of the facilities (but did not mention any negligence by defendant). Id. The Court stated this type of injury was arguably not foreseeable to plaintiff when he signed the release, and thus a fact question existed regarding the parties’ intent behind the exculpation clause, which precluded summary judgment. Id. 1

1 The Court noted the result would have been different if plaintiff’s injuries stemmed from a slip and fall in an area adjacent to a swimming pool, citing its previous decision in Owen v. Vic Tanny Enterprises, 48 Ill. App. 2d 344, 199 N.E.2d 280 (Ill. App. Ct. 1964).

[**11] In another case where “negligence” is included in the release, Sweat v. Big Time Auto Racing, Inc., 117 Cal. App. 4th 1301, 12 Cal.Rptr. 3d 678 (Cal. Ct. App. 2004), the plaintiff was injured when the pit-area bleachers collapsed. Plaintiff had signed a release before entering the pit area, which stated that he released the defendant from all liability “whether caused by the negligence of the releasees or otherwise while the undersigned is in or upon the restricted area and/or . . . observing . . . the event.” Id. at 680. The Court found that the release was ambiguous due to the “and/or” language used, and thus relied on extrinsic evidence in interpreting the release, such as the fact that anyone could enter the pit area without signing the release once the race was over. The Court concluded that the release was only intended to apply to the risks inherent in being in close proximity to a race, and was not intended to cover the type of incident which occurred when the bleachers collapsed due to defective construction/maintenance. Id.

[HN6] The majority view from sister states is that an exculpatory provision which specifically and expressly releases a defendant from [**12] its own negligence will be upheld, without regard to whether the injury sustained is one typically thought to be “inherent in the sport”. In fact, there seems to be a split of authority among the states regarding whether the word “negligence” is even required to be present in the exculpation clause for the provision to be construed as releasing the defendant from its own negligence. Cases from Connecticut, for example, have held that in order for an exculpatory provision to be construed as releasing a defendant from its own negligence, the provision must expressly mention negligence . The cases are equally clear, however, that if the provision does expressly release the defendant from its own negligence, then it will be upheld as written. See Hyson v. White Water Mtn. Resorts, 265 Conn. 636, 829 A.2d 827 (Conn. 2003) (snowtubing); Brown v. Sol, 2004 Conn. Super. LEXIS 2430, 2004 WL 2165638 (Conn. Super. Ct. Aug. 31, 2004) (racing school); DiMaggio v. LaBreque, 2003 Conn. Super. LEXIS 2823, 2003 WL 22480968 (Conn. Super. Ct. Oct. 9, 2003) (parachuting).

[HN7] Most jurisdictions, including Tennessee, have held that if the exculpation contract sufficiently demonstrates the parties’ intent to eliminate [**13] liability for negligence, the absence of the word “negligence” is not fatal. See Krazek v. Mountain River Tours, Inc., 884 F.2d 163 (4th Cir. 1989) (white water rafting); Saenz v. Whitewater Voyages, Inc., 226 Cal. App. 3d 758, 276 Cal.Rptr. 672 (Cal. Ct. App. 1991) (white water rafting); Heil Valley Ranch, Inc. v. Simkin, 784 P.2d 781 (Colo. 1989) (horseback [*735] riding); Seigneur v. National Fitness Institute, Inc., 132 Md. App. 271, 752 A.2d 631 (Md. Ct. Spec. App. 2000) (health club); Petry v. Cosmopolitan Spa Intern., Inc., 641 S.W.2d 202 (Tenn. Ct. App. 1982) (health club); Murphy v. North American River Runners, Inc., 186 W. Va. 310, 412 S.E.2d 504 (W. Va. 1991) (white water rafting); Schutkowski v. Carey, 725 P.2d 1057 (Wyo. 1986) (skydiving). In these cases, the fact that the injury occurred during an activity that was not foreseeable or not associated with a risk “inherent in the sport” did not matter. See, e.g., Benedek (health club member injured when adjusting a television set above exercise machines which fell); Murphy (white water rafter injured [**14] when her raft tried to engage in rescue of another raft), and Petry (patron of health club injured when exercise machine she was sitting on collapsed).

In this case, the Release in question does specifically and expressly release defendant from any liability for its negligence or that of any employees, owners, agents, etc. In the matter of contract interpretation, this Court has previously explained:

[HN8] The cardinal rule in the construction of contracts is to ascertain the intent of the parties. West v. Laminite Plastics Mfg. Co., 674 S.W.2d 310 (Tenn. App. 1984). If the contract is plain and unambiguous, the meaning thereof is a question of law, and it is the Court’s function to interpret the contract as written according to its plain terms. Petty v. Sloan, 197 Tenn. 630, 277 S.W.2d 355 (1955). The language used in a contract must be taken and understood in its plain, ordinary, and popular sense. Bob Pearsall Motors, Inc. v. Regal Chrysler-Plymouth, Inc., 521 S.W.2d 578 (Tenn. 1975). In construing contracts, the words expressing the parties’ intentions should be given the usual, natural, and ordinary meaning. Ballard v. North American Life & Cas. Co., 667 S.W.2d 79 (Tenn. App. 1983). [**15] If the language of a written instrument is unambiguous, the Court must interpret it as written rather than according to the unexpressed intention of one of the parties. Sutton v. First Nat. Bank of Crossville, 620 S.W.2d 526 (Tenn. App. 1981). Courts cannot make contracts for parties but can only enforce the contract which the parties themselves have made. McKee v. Continental Ins. Co., 191 Tenn. 413, 234 S.W.2d 830, 22 A.L.R.2d 980 (1951).

Bradson Mercantile, Inc. v. Crabtree, 1 S.W.3d 648, 652 (Tenn. Ct. App. 1999).

The Contract under consideration is clear and unambiguous, and states that plaintiffs agreed to release defendant from any and all liability, including defendant’s own negligence. Moreover, the Contract specifically mentions that plaintiffs are being furnished and participating in white water rafting and “bus or van transportation” provided by the defendant. The Contract states that plaintiffs realize that they could be injured due to dangers from the rafting as well as the use of white water equipment, forces of nature, or even due to the negligence of defendant’s employees and other rafters. The Contract states [**16] that defendant is being relieved of any liability caused by its own negligence in no less than four places, the last of which is in bold print above the signature line. This Contract is plain, and enforceable as written. We conclude the Trial Court properly granted summary judgment to defendant on plaintiffs’ negligence claims.

The Trial Court’s Judgment is affirmed, and the cost of the appeal is assessed to plaintiffs Nathan and Brandy Henderson.

HERSCHEL PICKENS FRANKS, P.J.

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Liability for Activities Whitewater Rafting Professionals

Tennessee Whitewater Rafting Statute

TENNESSEE CODE ANNOTATED

Title 70           Wildlife Resources

Chapter 7      Liability for Activities

Part 2  Whitewater Rafting Professionals

GO TO THE TENNESSEE ANNOTATED STATUTES ARCHIVE DIRECTORY

Tenn. Code Ann. § 70-7-204         (2013)

70-7-201. Part definitions.

As used in this part, unless the context otherwise requires:

(1) “Engages in whitewater activity” means whitewater rafting;

(2) “Inherent risks of whitewater activities” means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to:

(A) Water;

(B) Rocks and obstructions;

(C) Cold water and weather; and

(D) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or other, such as failing to follow instructions or not acting within the participant’s ability;

(3) “Participant” means any person who engages in a whitewater activity;

(4) “Whitewater” means rapidly moving water;

(5) “Whitewater activity” means navigation on rapidly moving water in a watercraft; and

(6) “Whitewater professional” means a person, corporation, LLC, partnership, natural person or any other en-tity engaged for compensation in whitewater activity.

HISTORY: Acts 2012, ch. 862, § 1.

NOTES: Compiler’s Notes.

For the Preamble to the act concerning the limitation of liability of those involved in whitewater activities, please refer to Acts 2012, ch. 862.

Former part 2, §§ 70-7-201 — 70-7-204 (Acts 2004, ch. 952, § 1), concerning white water rafting, was repealed ef-fective May 17, 2005, by Acts 2005, ch. 169, § 1, which also enacted present part 2, §§ 70-7-201 — 70-7-207, in its place.

Former Part 2, §§ 70-7-201 — 70-7-208 (Acts 2005, ch. 169, § 1), concerning the Tennessee White Water Rafting Responsibility Act, was repealed by Acts 2005, ch. 169, § 2, as amended by Acts 2007, ch. 85, § 1, effective July 1, 2010.

Effective Dates.

Acts 2012, ch. 862, § 2. May 1, 2012.

70-7-202. Limitations on liability of whitewater professional.

Except as provided in § 70-7-203:

(1) A whitewater professional shall not be liable for an injury to or the death of a participant resulting from the inherent risks of whitewater activities; and

(2) No participant or participant’s representative shall make any claim against, maintain an action against, or re-cover from a whitewater professional, or any other participant for injury, loss, damages, or death of the participant resulting from any of the inherent risks of whitewater activities.

HISTORY: Acts 2012, ch. 862, § 1.

NOTES: Compiler’s Notes.

For the Preamble to the act concerning the limitation of liability of those involved in whitewater activities, please refer to Acts 2012, ch. 862.

Former part 2, §§ 70-7-201 — 70-7-204 (Acts 2004, ch. 952, § 1), concerning white water rafting, was repealed ef-fective May 17, 2005, by Acts 2005, ch. 169, § 1, which also enacted present part 2, §§ 70-7-201 — 70-7-207, in its place.

Former Part 2, §§ 70-7-201 — 70-7-208 (Acts 2005, ch. 169, § 1), concerning the Tennessee White Water Rafting Responsibility Act, was repealed by Acts 2005, ch. 169, § 2, as amended by Acts 2007, ch. 85, § 1, effective July 1, 2010.

Effective Dates.

Acts 2012, ch. 862, § 2. May 1, 2012.

Section to Section References.

This section is referred to in § 70-7-203.

70-7-203. When liability of whitewater professional imposed.

Nothing in § 70-7-202 shall be construed to prevent or limit the liability of a whitewater professional, or any other person if the whitewater professional:

(1) Provided the equipment and knew or should have known that the equipment was faulty, and the equipment was faulty to the extent that it caused the injury;

(2) Owns, leases, rents, or otherwise is in the lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the whitewater professional, or person and for which warning signs have not been conspicuously posted;

(3) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and the act or omission caused the injury; or

(4) Intentionally injures the participant.

HISTORY: Acts 2012, ch. 862, § 1.

NOTES: Compiler’s Notes.

For the Preamble to the act concerning the limitation of liability of those involved in whitewater activities, please refer to Acts 2012, ch. 862.

Former part 2, §§ 70-7-201 — 70-7-204 (Acts 2004, ch. 952, § 1), concerning white water rafting, was repealed ef-fective May 17, 2005, by Acts 2005, ch. 169, § 1, which also enacted present part 2, §§ 70-7-201 — 70-7-207, in its place.

Former Part 2, §§ 70-7-201 — 70-7-208 (Acts 2005, ch. 169, § 1), concerning the Tennessee White Water Rafting Responsibility Act, was repealed by Acts 2005, ch. 169, § 2, as amended by Acts 2007, ch. 85, § 1, effective July 1, 2010.

Effective Dates.

Acts 2012, ch. 862, § 2. May 1, 2012.

Section to Section References.

This section is referred to in § 70-7-202.

70-7-204. Warning notice.

(a) Every whitewater professional shall either post and maintain signs that contain the warning notice prescribed in subsection (d) or give the warning in writing to participants. The signs shall be placed in clearly visible locations on or near places where the whitewater professional conducts whitewater activities, if the places are owned, managed, or controlled by the professional.

(b) The warning notice specified in subsection (d) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1”) in height.

(c) Every written contract entered into by a whitewater professional for the purpose of providing professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves activities on or off the location or site of the whitewater professional’s business, shall contain in clearly readable print the warning notice specified in subsection (d).

(d) The signs and contracts described in subsection (a) shall contain the following warning notice:

WARNING

Pursuant to Tenn. Code Annotated title 70, chapter 7, part 2, a whitewater professional is not liable for an injury to or the death of a participant in whitewater activities resulting from the inherent risks of whitewater activities.

HISTORY: Acts 2012, ch. 862, § 1.

NOTES: Compiler’s Notes.

For the Preamble to the act concerning the limitation of liability of those involved in whitewater activities, please refer to Acts 2012, ch. 862.

Former part 2, §§ 70-7-201 — 70-7-204 (Acts 2004, ch. 952, § 1), concerning white water rafting, was repealed effective May 17, 2005, by Acts 2005, ch. 169, § 1, which also enacted present part 2, §§ 70-7-201 — 70-7-207, in its place.

Former Part 2, §§ 70-7-201 — 70-7-208 (Acts 2005, ch. 169, § 1), concerning the Tennessee White Water Rafting Responsibility Act, was repealed by Acts 2005, ch. 169, § 2, as amended by Acts 2007, ch. 85, § 1, effective July 1, 2010.

Effective Dates.

Acts 2012, ch. 862, § 2. May 1, 2012.

70-7-205. Written waivers, exculpatory agreements and releases.

Nothing in this part shall modify, constrict or prohibit the use of written waivers, exculpatory agreements or releases. This part is intended to provide additional limitations of liability for whitewater professionals, whether or not such agreements are used.

HISTORY: Acts 2012, ch. 862, § 1.

NOTES: Compiler’s Notes.

For the Preamble to the act concerning the limitation of liability of those involved in whitewater activities, please refer to Acts 2012, ch. 862.

Former part 2, §§ 70-7-201 — 70-7-204 (Acts 2004, ch. 952, § 1), concerning white water rafting, was repealed ef-fective May 17, 2005, by Acts 2005, ch. 169, § 1, which also enacted present part 2, §§ 70-7-201 — 70-7-207, in its place.

Former Part 2, §§ 70-7-201 — 70-7-208 (Acts 2005, ch. 169, § 1), concerning the Tennessee White Water Rafting Responsibility Act, was repealed by Acts 2005, ch. 169, § 2, as amended by Acts 2007, ch. 85, § 1, effective July 1, 2010.

Effective Dates.

Acts 2012, ch. 862, § 2. May 1, 2012.

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Bill before congress to open the Yellowstone River and Grand Teton National Parks to paddling has an interesting side

The bill is sponsored by, let’s say, a very non environmental supporter in Congress. The bill is part of several other bills which are not so innocuous and the bill opens vast areas to paddling that the NPS will not be able to control.

You can find the bill here:

113th CONGRESS

1st Session

H. R. 3492

IN THE HOUSE OF REPRESENTATIVES

November 14, 2013

Mrs. Lummis (for herself and Mr. Bishop of Utah) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To provide for the use of hand-propelled vessels in Yellowstone National Park, Grand Teton National Park, and the National Elk Refuge, and for other purposes.

1.

Short Title

This Act may be cited as the ” River Paddling Protection Act “.

2.

Regulations Superseded

(a)

In general

The following regulations shall have no force or effect with regard to hand-propelled vessels and the Secretary of the Interior may not issue substantially similar regulations that apply to hand-propelled vessels:

(1)

Section 7.13(d)(4)(ii) of title 36, Code of Federal Regulations, regarding vessels on streams and rivers in Yellowstone National Park.

(2)

Section 7.22(e)(3) of title 36, Code of Federal Regulations, regarding vessels on lakes and rivers in Grand Teton National Park.

(b)

Wildlife-Dependent recreational use

Notwithstanding section 25.21(a) of title 50, Code of Federal Regulations, regarding National Elk Refuge, the use of hand-propelled vessels on rivers and streams in the National Elk Refuge shall be considered a “wildlife-dependent recreational use” as that term is defined in section 5(2) of Public Law 89–669 ( 16 U.S.C. 668ee(2) ).

On the surface it looks great. We can paddle on a couple of rivers that have been closed forever. However, does it open up too much?  It does not stop on the Yellowstone River but all rivers in Yellowstone National park. The same with Grand Teton National Park, everything will be fair paddling game.

Honestly, I don’t know if that is good, great or bad.  You need to read and investigate for yourself.

Here are some comments: Protection of parks requires self restraint and Lummis Boating Legislation for Yellowstone and Grand Teton Parks Misguided.

Do Something

Read, educate yourself and get involved.

What do you think? Leave a comment.

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Copyright 2014 Recreation Law (720) Edit Law

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

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#RecreationLaw, #Recreation-Law.com, #OutdoorLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #law, #TravelLaw, #JimMoss, #JamesHMoss, #Tourism, #AdventureTourism, #Rec-Law, #RiskManagement, #CyclingLaw, #BicyclingLaw, #FitnessLaw, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Good Samaritan, Samaritan, First Aid, Grand Teton National Park, Yellowstone, Yellowstone National Park, National Park Service, Paddlesports, Paddling, rafting, rivers, Congress,

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River Management Law Conference Kicks off Week of Education, Training and Networking

RMS 4-C logoLegislative and Environmental Experts will Offer Management Tools and Blueprints

The River Management Society (RMS) announces its biennial education and training symposium, Managing Rivers in Changing Climes: Training Tomorrow’s River Professionals April 15-18, 2014 and its first time partnership with CLE International, producer of River Management Law an education conference April 14th. They will take place at the Renaissance Denver Hotel, Denver, Colorado.

Legal experts at the stand-alone Management Law Conference April 14th, led by Program Chair Lori Potter (Kaplan, Kirsch & Rockwell) will address important river protection issues and the types of river use that frame the challenges and opportunities facing communities throughout the West.  “We are excited to partner with CLE for extensive training experience,” notes River Management Society Executive Director Risa Shimoda.  “The future of our rivers will be prescribed by actions of those who own, use and manage them and RMS appreciates the opportunity to dig into the complexity of river management via this esteemed team of presenters.”

”To complement the CLE conference RMS’ Legal and Legislative track will review legislative and administrative water protection

Wild and Scenic Red River in Kentucky's Clifty...

Wild and Scenic Red River in Kentucky’s Clifty Wilderness, within the Red River Gorge. (Photo credit: Wikipedia)

tools by representatives of federal, state and environmental organizations,” continues Shimoda. “Veterans of river-related legal matters will discuss issues related to water rights, appropriation and conservation.” 

RMS will offer the first public workshop on the Federal Energy Regulatory Commission (FERC) Form 80, and a ‘FERC 101’ overview of the hydropower licensing process.  Registrants can learn how to write National Environmental Policy Act (NEPA) assessments and comment on Environmental Impact Statements (EIS) more effectively, and conduct Wild and Scenic Rivers Section 7 determinations. They will hear about successes and plans for sustainability from emerging watershed partnership groups, and about flood prevention, mitigation and recovery from municipal leaders such as keynote Mayor Karl Dean from Nashville, TN.   Representatives from private, state and federal organizations will offer tips regarding how to find funding for river projects. 

For details on the CLE Conference, visit http://www.cle.com.  To view CLE conference information as well as the Legal and Legislative and other tracks Managing Rivers in Changing Climes: Training Tomorrow’s River Professionals visit http://www.river-management.org.

The River Management Society (RMS) is a national non-profit 501 (c) 3 organization dedicated to supporting professionals who study, manage and protect North America’s Rivers. RMS maintains the only comprehensive resource for packing human waste out from rivers; a growing library of ‘handy’ hydropower license summaries; Prepare to Launch! Guidelines for Designing and Building Launches for Carry-in Watercraft and a Career Center featuring a live feed of river-related professional opportunities.

For more information, contact Risa Shimoda, +1 301 502 6548, rms@river-management.org.

What do you think? Leave a comment.

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

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#RecreationLaw, #Recreation-Law.com, #OutdoorLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #law, #TravelLaw, #JimMoss, #JamesHMoss, #Tourism, #AdventureTourism, #Rec-Law, #RiskManagement, #CyclingLaw, #BicyclingLaw, #FitnessLaw, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Good Samaritan, Samaritan, First Aid, The River Management Society, RMS, Federal Energy Regulatory Commission, Managing Rivers in Changing Climes: Training Tomorrow’s River Professionals, National Environmental Policy Act, Risa Shimoda,

 

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River Management Society 2014 Conference: Managing Rivers in Changing Climes: Training Future River Professionals

RMS 4-C logo

The Conference includes several opportunities for great training, April 14-18, 2014, Denver, Colorado

Registration is open. Visit the registration site for details, prices and more

Join us at the 12th biennial River Management Society week of training for agency managers, planners, watershed and watertrails practitioners, where you can update skills, planning tools and best practices to your desk or field-based job. This is an invaluable networking opportunity for those who study, teach and practice river skills and policy for agencies, non-profit organizations and private industry. PLUS: This year we offer a standalone Continuing Legal Education workshop, a one day seminar approved by the Association of Floodplain Managers, and a multi-day workshop taught by the Federal Energy Regulatory Commission (FERC) regarding FERC Form 80

Posters are still being accepted: you are cordially invited to submit an abstract here.  See below for poster submission information.

Scholarships are available to members (for a year or more) in good standing. Apply here!

Click here for more information

Training Packages

One Day Trainings (Stand alone)

Legal                Continuing legal education conference* presented by CLE International

Floodplain Management                Seminar approved by the Association of State Floodplain Managers (ASFPM)**

Full RMS Event: April 15-17, 2014

Full RMS Event plus FERC Form 80 Training***: April 15-18, 2014

FERC Form 80 Training, standalone: April 16-18, 2014

*CLE International is pleased to offer a one-day stand-alone educational conference.  Join us on Monday, April 14 for a full day of in-depth analysis of legal issues that are most important to professionals tasked with protecting and managing our nation’s rivers. Attendees will receive up to seven hours of continuing education credits while learning from leading experts.   Tuition discounts available for RMS members, government and 501(c)(3) employees, and groups of two or more from the same organization. For program, pricing and registration, visit http://www.cle.com/RMS beginning January 3, 2014.

** This one day standalone training will feature five courses approved by the Association of Flooplain Managers (ASFPM) and approved for ten (10) CECs. Register for this standalone course on the RMS event site, to open by December 18, 2013.

*** This workshop entitled Getting the Most out of the Form 80: Tips for Quantifying Recreation Use & Gathering Better Data will be taught by Federal Energy Regulatory Commission staff and can be attended as a stand-alone workshop or as part of the full RMS training event. Registration for this workshop is on the RMS training event site, to open by December 18, 2013.

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

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#RecreationLaw, #Recreation-Law.com, #OutdoorLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #law, #TravelLaw, #JimMoss, #JamesHMoss, #Tourism, #AdventureTourism, #Rec-Law, #RiskManagement, #CyclingLaw, #BicyclingLaw, #FitnessLaw, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Good Samaritan, Samaritan, First Aid, RMS, River Management Society, CLE, FERC, Floodplain Management, Association of Flooplain Managers, ASFPM,

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Want to work on the river? Enjoy rowing boats and helping the environment? There is a job for you!

Colorado Endangered Fish Recovery project

English: Patch showing the logo of the U.S. Fi...

English: Patch showing the logo of the U.S. Fish and Wildlife Service on an USFWS employee’s uniform. (Photo credit: Wikipedia)

It is hard work with long days when on the river.  It is for the Colorado Endangered Fish Recovery project and you will see some awesome canyons and learn a lot about the endangered fish.  The heart of the program is a shocking operation to check on the progress of the fish.  So you have to row the heavy boats down the edge of the river unlike normal river running.  So if you know of someone forward this to them.  If selected you have to get what is called a DUNS number and go through a complicated process to get paid as the government has changed the way it pays these salaries, but I did it, so with a little patience anyone else can do it.

Small Craft Operator (boatmen) jobs for FWS

Below is a link to the FWS boat operator announcement. We are looking at hiring these positions in Vernal and Grand Junction. The announcement will be open for about 10 days from today. Please forward to anyone you think might be interested.

Thanks,

M. Tildon Jones, U.S. Fish & Wildlife Service, Vernal, UT

435.789.0351 x14

tildon_jones@fws.gov

R6-14-1025704-D

https://www.usajobs.gov/GetJob/ViewDetails/358861200

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Image of a Humpback Chub taken by the United S...

Image of a Humpback Chub taken by the United States Fish and Wildlife Service (Photo credit: Wikipedia)

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Copyright 2013 Recreation Law (720) Edit Law

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

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#RecreationLaw, #Recreation-Law.com, #OutdoorLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #law, #TravelLaw, #JimMoss, #JamesHMoss, #Tourism, #AdventureTourism, #Rec-Law, #RiskManagement, #CyclingLaw, #BicyclingLaw, #FitnessLaw, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Good Samaritan, Samaritan, First Aid, Whitewater Rafting, Colorado Endangered Fish Recovery project, Boatman, Employment, Job, Small Craft Operator, US Fish & Wildlife Service,

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Grand Canyon Private Boaters Association: If you are not a member you should be!

Heading_Frame_2.jpg View it in your browser.
Nankoweap_1496c6e.1e68b63.jpg
Protecting Archeological Sites in Grand Canyonunkar2c10e98.jpg
This collection pile has destroyed some of the archaeological information these artifacts once possessed.It is very important that we, as users of the park, recognize the significance and fragility of archeological sites located in and around Grand Canyon. In 1995, under Superintendent Arnberger, sites were classified in a four tiered system. Class I sites can be regularly visited because they receive the most physical protection. Class II sites receive less maintenance, but are able to withstand fairly high levels of use. Class III sites are not well known, fragile, are not closed, but can tolerate only limited, prudent visitation. Class IV sites are closed to ALL visitation. Please practice a bit of etiquette when visiting any site, ie. walk on durable surfaces; discourage unnecessay handling of surface objects; if you do pick something up, replace it from where it came; avoid touching petroglyphs and pictographs, oils from human skin can degrade pigments and rock surfaces, never camp or eat at a site and never use it as a bathroom; and above all, use common sense anytime you visit a site. Remember the people who will come after you. Click here for more information and a list of Class I and Class II sites.

National Association of State Boating Law Administrators deadline extended on Basic Human Propelled (Paddlesport, etc.) Boating Knowledge Standards Call for Proposed Regulations

Comment periods for boating education standards extended through Jan. 1. If you have not reviewed the new standards and you are part of this industry you should. Now!NASBLA_paddlesports_final_02-01

Public comment periods for two national boating education standards have been extended or re-opened through Jan. 1, 2014. Due to technical difficulties identified during the site registration process, National Boating Education Standards Panel Chair Jeff Johnson has announced additional 30-day periods to ensure the opportunity for public input, review and comment on the following:

·         The P-1-20XX Basic Boating Knowledge Standard’s Public Review Period is re-opened through Jan. 1, 2014. All previously submitted comments remain active and DO NOT need to be re-submitted. These will be posted in a separate EXCEL file on this site ASAP for reference and review. Additional comments can be posted by any interested party.

·         The H-1-20XX Basic Human-Propelled (Paddlesports, etc.) Boating Knowledge Standard’s Call for Proposed Revisions period, originally scheduled to end Dec. 2, is extended an additional 30 days through Jan. 1, 2014.

If you have questions or need assistance in any way, please contact ESP staff member Pamela Dillon.

Here is a link to the National Paddlesport Standards currently in effect (since 2009): http://nasbla.org/files/public/Educ/Approval/Standards/Paddlesports%20Standards-final%20-Jan%202009.pdf

These standards have been reformatted  (and more numbers added for ease of reference) and are retitled as H-1-20XX Basic Human-Propelled (Paddlesports, etc.) Knowledge standards and reposted on this site for public review and comment:  http://esp.nasbla.org/esp/index.cfm

Do Something

If you are in the paddlesports industry go find out what is changing in how we teach the sport. If you have a concern, register and comment!NASBLA

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

<rel=”author” link=” https://plus.google.com/u/0/b/112453188060350225356/” />

 

 

#RecreationLaw, #Recreation-Law.com, #OutdoorLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #law, #TravelLaw, #JimMoss, #JamesHMoss, #Tourism, #AdventureTourism, #Rec-Law, #RiskManagement, #CyclingLaw, #BicyclingLaw, #FitnessLaw, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Good Samaritan, Samaritan, First Aid, Paddlesport, Education, Education Standards, NASBLA, National Association of State Boating Law Administrators, Paddlesport Education,

 

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National Association of State Boating Law Administrators deadline for National Paddlesports Education Standards is due

Comments for Paddlesports Standards due Dec. 2

National Association of State Boating Law Administrators

NASBLA’sEducation Standards Panel has issued a Call for Proposed Revisions to the content of the most currently approved version of the National Paddlesports Education Standards (which went into effect Jan. 1, 2009). Submissions are encouraged from any party materially affected by the standard, including NASBLA members and nonmembers alike. The comment period closes on Dec. 2.

Input on the standard will be accepted exclusively via the EZ-ESP website. Instructions for submitting comments (including how to obtain login credentials for the EZ-ESP website) and documents containing the current standard, the reformatted standard and the Education Standards Panel Rules are available for download at http://esp.nasbla.org/esp.

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

<rel=”author” link=” https://plus.google.com/u/0/b/112453188060350225356/” />

 

 

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Are You Familiar with the Dolores River? Then you should be a member of the Dolores River Boating Advocates

Recreation, conservation, agriculture and river management

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River Management

Description: https://gallery.mailchimp.com/4e65386f5e96006b34ac94841/images/DSC_0282e5f4a37497fd.JPGLast month, the long-awaited San Juan National Forest Plan and the Bureau of Land Management’s Tres Rios Resource Management Plan were released. These plans will help guide the management of the Dolores River for the next twenty years and beyond. Local stakeholder efforts will also play into the fate of the Dolores. And while the federal government is “shutdown,” local discussions about Dolores River management continue on subjects as varied as Land Use Codes, the Dolores River Valley Plan, and the Lower Dolores River Implementation, Monitoring and Evaluation Plan (Implementation Plan). This month, we at DRBA are diving deeper into the topic of native fish in the Lower Dolores River, and how enhanced flows can improve their natural habitat while simultaneously providing recreational opportunities. Re-establishing a flow regime that mimics historical hydrography is a vital step towards restoring the natural balance of the river. Colorado Parks and Wildlife Biologist Jim White joined us on The River Trip on KSJD this month to discuss the status of native fish in the Dolores River. Jim’s research and experience illustrates that mindful management of the river is warranted to save native species and habitat. He also pointed out the need to do this in concert with community water allocation needs. These efforts are symbiotic. As a civilization, we need to support healthy rivers, clean water, and strong natural processes as all of that, in turn, supports us. Native fish flows and whitewater rafting flows are also symbiotic in terms of being mutually beneficial, as discussed in the following feature by DRBA Board Member Sam Carter. Management plans offer prime opportunities to actualize a balance for the cultural ecology of the Dolores River watershed. Read on, and join us in our efforts and enthusiasm in protecting the Dolores River. *Links for italicized plans are at the bottom of the page.

View from the Board

By DRBA Board Member Sam Carter

Tropical Storm Ivo brought just shy of two inches of rain to much of the Dolores River Basin near the end of August. The rain provided a dichotomous situation for the thirsty land of Southwest Colorado. Along with the welcome moisture came a flash flood on the Lower Dolores River in Slickrock Canyon. The Dolores River rose from 11cfs (cubic feet/second) to 400cfs from Ivo’s rains washing out immense amounts of accumulated silt. The silt had built up because, aside from a few minor flash floods, there has not been a sustained strong flush through the Dolores River canyon since the summer of 2011, and these important flushing flows have been irregular since McPhee Dam was developed. When Ivo’s rains came through, this silt became a muddy slurry that was uninhabitable to the fish in the river. Scores of them died, starved of the oxygen they need to survive. Observing all of this was a Cortez Journal reporter and a team of fish biologists from Colorado Parks and Wildlife who were conducting an annual native fish survey.

While the rain was welcome for the thirsty lands of Southwestern Colorado, the unfortunate die-off of the fish was a striking eye-opener concerning the state of the Dolores River below McPhee Reservoir. It is understood that the water in the lake provides a great deal of life for Montezuma and Dolores counties through municipal and agricultural uses. Yet, the removal of this water at the current levels is harming the ecosystem of the river itself, as seen through the decline of native fish species. The scientific investigations from the Dolores River Dialogue and the “A Way Forward” native fish studies clearly state that without change to flows, the health of the fish will only further deteriorate.

This recent flash flood event in the Slickrock Canyon highlights the urgency of the situation. The native fish in the Dolores River are not reproducing well, the population is aging, their habitat is being reduced, and they are under predation from non-native fish. Time is of the essence for the survival of these species.

Fortunately, a diverse group of stakeholders has been working to meet the various social and ecological needs of the water of the Dolores River. The native fish research from the A Way Forward project has been translated into a flow management plan that accommodates agricultural, municipal, and recreational uses. Supporting this effort benefits all of us.

Dolores River Boating Advocates (DRBA) supports efforts to improve flows that support native fish. We encourage managing base flow releases out of McPhee dam to provide for significant springtime flushes. Such flushes would enhance eco-system conditions for native fish populations, as well as allow for a whitewater boating season to occur. We believe this can be done while honoring the needs of our municipalities and of agricultural irrigation users. DRBA understands the challenges involved with this pursuit, and is actively working to assist in the process of developing flows that sustain fish health, whitewater opportunities, and municipal and agricultural use. DRBA encourages residents of Montezuma and Dolores counties to attend to the needs of the Dolores River’s health while also respecting the water needs of residents.


Say What?

San Juan National Forest/BLM Tres Rios Field Office Management Plans: Plans that address long-term management of 2.4 acres of public lands. More info can be found at http://www.fs.usda.gov/main/sanjuan/landmanagement/planning.

The River Trip: DRBA’s monthly radio show on KSJD that focuses on stories and issue of the Dolores River. This month’s show with Colorado Parks and Wildlife Biologist Jim White can be heard at: http://www.ksjd.org/audio.cfm?mode=detail&id=1360871370101.

Implementation Plan: Short for the “Lower Dolores River Implementation, Monitoring and Evaluation Plan” which is the culmination of the native fish research project, “A Way Forward” (see below) and a general assessment of community water needs. The Implementation Plan addresses the dynamics and critical components of improving flows in the lower Dolores River. Draft reports can be found at http://ocs.fortlewis.edu/drd/implementationTeamReports.htm.

A Way Forward: A report conducted by three independent scientists to evaluate the status of native fish in the Lower Dolores River. The Report can be found at: http://ocs.fortlewis.edu/drd/way-forward.htm.

Cultural Ecology: The study of human adaptations to social and physical environments. Human adaptation refers to both biological and cultural processes that enable a population to survive and reproduce within a given or changing environment.

Our mission: Dolores River Boating Advocates seeks to optimize flows, restore the natural environment, and permanently protect the Dolores River for whitewater boating.

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Upcoming Events

10/29-11/1
River Watch Training, Cedaredge, CO
River Watch is a statewide volunteer water quality-monitoring program operated by the Colorado Watershed Assembly in cooperation with Colorado Parks and Wildlife. River Watch trains voluntary stewards to monitor water quality and other indicators of watershed health, and utilizes this high quality data to educate citizens and inform decision makers about the condition of Colorado’s waters. Please contact us if you are interested in attending the training and helping us with water quality monitoring on the Dolores River.

11/1
Water 101, 8am-5pm, Holiday Inn Express, 2121 East Main Street, Cortez, CO

The Seminar features a line-up of experts, including keynote speaker Colorado Supreme Court Justice Gregory Hobbs, as well as representatives from federal, state, and local agencies who will provide an understanding of local water law and related issues including: local water sources, water administration, irrigation conservation, environmental concerns and answers to key questions pertaining to the acquisition and use of water, as well as water related real estate transactions.

11/12
Montezuma County BOCC Special Meeting on Land Use Codes and the Dolores River Plan, 1:30 PM, Montezuma County Courthouse, 109 Main Street, Cortez

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Dolores River Facts

The Dolores River is 230 miles long from the headwaters in the San Juan Mountains near Rico, Colorado to the confluence with the Colorado River at Dewey Bridge near Moab, Utah.

The lower Dolores River is home to five species of native fish including the Flannelmouth sucker, the Bluehead sucker, the Roundtail chub, the Speckled dace and the Mottled sculpin.

McPhee Dam increased the amount of irrigated land from 37,500 acres to 73,600 acres while also increasing water delivery up to two months.

DSCN798338c6e2.1.1.1.jpgWe want to hear from you!
Please send your Dolores River stories for our newsletter to: info, and check out our website (www.doloresriverboating.org) and Facebook page where you can post your comments, photos, and stories.
Copyright © 2013 Dolores River Boating Advocates, All rights reserved.
You are receiving this email because you opted in at our website or provided us with your contact information at an event.
Our mailing address is:Dolores River Boating AdvocatesPO Box 1173

Dolores, CO 81323

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Dolores River Boating Advocates is looking for a Program Coordinator

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Help Wanted

DRBA is looking for the next Program Coordinator to manage the day-to-day operations of the group. Jay Loschert, the current Program Coordinator, is moving to Phoenix at the end of July. Interested individuals should visit the info by June 25. This is a part-time contract position with a start date of August 1, 2013.

Donate Now »

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News May 27, 2013

Rundown of weekly news that might be of interest!

 

Legal

The age that minors become adults.

I am constantly writing about the different legal issues of minors, here you can check on what that means for your state.

The age when a minor becomes an adult is currently 18 in 47 states. Alabama and Nebraska state law says an adult is someone who is 19 or older and Mississippi an adult is 21 or older.

There are exceptions for all the laws on minority in each state. A minor can become an adult if they marry, if they are emancipated or by special statutory exceptions.

See http://rec-law.us/13YGKFq

 

Against the law now for kids to not pay attention?

Parents sue because kids were playing. Group of kids on a YMCA outing to a miniature golf course were playing around. One kid hit another in the mouth with a golf club and injured the girl. The parents are suing for inadequate supervision.

How many adults would you have to have to keep kids from playing around? 10 kids, 20 adults? The only result of these suits is kids are not going to be taken care of by adults except their parents.

See http://rec-law.us/11s9pNV

 

Commercial whitewater fatality on the Kenai Peninsula‘s Six Mile Creek.

See http://rec-law.us/11qnIm6

 

 

Skiing

Vail just got bigger!

Vail resorts just signed a 50 year lease to run The Canyons in Utah. This will make the Vail Season pretty amazing. Nine resorts (the PR forgot about #A-Basin) will be available to season pass holders in three states: CO, UT and CA.

See http://rec-law.us/159gWWI

 

Is resort a fake? Town is

New 23 lift resort has been approved in #BC Canada. Approval was granted by a town council of a town that does not exist…..

See http://rec-law.us/11yCD3F

 

Paddlesports

Rituals v. Habits

Great article about how commercial boatman, sometimes pick up habits that become rituals in the Grand Canyon.

See http://rec-law.us/13SNq7U

 

If you can call water flowing between concrete walls on a concrete floor a river……

The Los Angeles River is now open to the public again. Or at least 2.5 miles of it.

See http://rec-law.us/15iCm3b

 

Training

Future Career or future disability

Training kids too hard to early does not create great athletic prodigies, only injuries.

See http://rec-law.us/124vKIG

#Nike has stopped its support for #LiveStrong.

See http://rec-law.us/10xQPsb

 

Mountaineering

Climb meaning sitting in you easy chair with a beer

New iOs App allows you to climb Mtn Everest.

See http://rec-law.us/18om8tK

 

One way to get down

Video of a base jump? Paraglide off Mt. Everest

See http://rec-law.us/10MdBJm

 

Overachievers!

Not satisfied to climb Mt #Everest once, David Liano Gonzalez climbed it twice, in the same season, once from the South Side (Nepalese) and once from the North Side (Chinese).

See http://rec-law.us/13nZV9j

 

It’s still climbing….right?

Companies are considering putting a ladder on the Hilliary Step on Mt. Everest. There is already a ladder on the North side.

See http://rec-law.us/ZcpsTx

Nepal demanding payment for summit broadcast

There are actually rules for climbing Mt. #Everest. One of those is you cannot #broadcast from sacred areas. The summit is a sacred area. Now Nepal wants paid for a broadcast.

See http://rec-law.us/146m6Qi

 

OR Business

Things change

#Nike has stopped its support for #LiveStrong.

See http://rec-law.us/10xQPsb

 

OR Life

Animals are amazing

Video of amazing ways that animals defend themselves.

See http://rec-law.us/13YGCWv

Oh, I’m a survivor

What happens after 400 years under a #glacier and the glacier retreats? Well if you are a #Moss you start to grow again.

See http://rec-law.us/13YGExx

 

This is just so wrong

10 Apps for Enjoying the Great Outdoors

See http://rec-law.us/159rmWq

 

 

Environment

With Glaciers retreating the mountains are coming down also.

See http://rec-law.us/16sM4o9

 

Cycling

Infographic for cycling pre-ride checklist.

See http://rec-law.us/133kAka

 

Mind the Ride

A bike riding group, Denver Cruisers (http://rec-law.us/17t1bOD) which rides every Wednesday night around downtown Denver has created a bicycle awareness campaign.

The campaign is pretty stark, very good and great for a group just not to promote themselves.

See http://rec-law.us/18z1SDb

 

 

What do you think? Leave a comment.

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

What do you think? Leave a comment.

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

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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

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2013 Northwest Paddling Festival Vendor Information Package

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2013 Northwest Paddling Festival

May 10, 2013 – Private Manufacturer/Retail Clinic Day

May 11, 2013 – Festival Open to the Public

Lake Sammamish State Park. Issaquah, WA

For Vendor Information PDF. click herewww.northwestpaddlingfestival.com

Great Holiday Greetings: Sea Kayaker Magazine

gifHappy Holidays!

From all of us atSea Kayaker Magazinegif
Kayak photo of Chris, Michael, Paul, Joan, Kat, Jackie
Chris – Michael – Paul – Joan – Kat – Jackie
Sea Kayaker Staff left high and dry in their kayaks.
Good tidings! The tide will always come back in.
This message was sent to recreation.law from:Sea Kayaker Magazine | PO Box 17029 | Seattle, WA 98127-0729 Email Marketing by iContact - Try It Free!
Update Email Address | Forward To a Friend

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L.L. Bean and Point 65 to creat kayak with 100 L.L. Bean Employees

L.L.Beanto attempt getting 100 employees into world’s longest modular kayak in celebration of its 100th Anniversary during Annual PaddleSports Weekend, June 1-3

The event will also feature free boat testing, demonstrations, clinics, kid’s activities, guided kayak tours, free oceanside cookout, live music and great deals.

FREEPORT, ME.—As part of its ongoing 100th Anniversary celebration, L.L.Bean will attempt to get 100 employees into a uniquely built kayak that is nearly 500’ long during their 31st Annual PaddleSports Weekend. This could be a world-record for the longest modular kayak ever and if successful, L.L.Bean will submit it to Guinness World Records for consideration. The unique kayak being used for the attempt, the Point 65N Modular Kayak, is able to be joined together in sections, thus creating a kayak that will be approximately 500’ long–possibly the longest ever. The attempt will be made on Saturday, June 2nd at 11 a.m. at the L.L.Bean Paddling Center on Lower Flying Point in Freeport, Maine. The public is welcome to attend this event as well as all of the other family-fun activities at the Paddling Center over the weekend. Free shuttles will be available to take people to and from the Flagship Store all weekend long.

“What a perfect, fun way to infuse the essence of our 100th Anniversary, as well as our outdoor spirit into this event,” said Scot Balentine, L.L.Bean’s senior developer for outdoor equipment. “The 100 employees that are taking part are very excited to be sharing in this fun and historic moment. To set a new world record would simply put an exclamation point on what will no doubt be an already exhilarating experience.”

Other event highlights for the PaddleSports Weekend include a variety of waterfront activities at the L.L.Bean Paddling Center just minutes from the store on Saturday and Sunday, such as a free oceanside cookout, free boat testing with hundreds of kayaks, stand-up paddleboards and canoes. Plus folks will have the chance to speak with industry vendors and experts. In addition, there will be live music with the Eric Bettencourt on Saturday and Putnam Smith on Sunday, craft making for kids and more. Free shuttles will be running all weekend long to and from the Flagship Store and the Paddling Center.

The L.L.Bean Outdoor Discovery Schools will also offer 90-minute kayak tours of beautiful Casco Bay for only $35 and an Intro to Stand-Up Paddleboarding course for only $29. The L.L.Bean Outdoor Discovery Schools will also be offering their Kayaking Discovery Course all weekend for only $20. Space is limited, so please call 888-552-3261 to reserve your spot.

At the L.L.Bean Campus of Stores in downtown Freeport, there are even more terrific events such as demonstrations and clinics on everything from how to get into stand-up paddleboarding, selecting the right paddle, paddling techniques, as well as non-profit guests, vendors and much more. Special promotions start Friday and include 20% off the purchase of kayaks, stand-up paddleboards, canoes and Thule® car racks. L.L.Bean will also be offering a free extension middle section from the world record attempt (up to a $500 value) with the purchase of a Point 65N Modular Kayak while supplies last, For more information, please visit www.llbean.com/freeport, or call 877-755-2326.

About L.L.Bean, Inc.

L.L.Bean, Inc. is a leading multi-channel merchant of quality outdoor gear and apparel. Celebrating its 100th Anniversary this year, the company was founded in 1912 by Leon Leonwood Bean and began as a one-room operation selling a single product, the Maine Hunting Shoe. While the business has grown substantially, the company remains committed to the same honest principles upon which it was built–a focus on the customer, continuous product improvement and innovation, respect for people, preservation of the natural environment and a 100% satisfaction guarantee. The 220,000 sq. ft. Flagship campus of stores in Freeport, Maine is open 24 hours a day, 365 days a year and welcomes more than three million visitors each year. L.L.Bean can be found worldwide on www.llbean.com, L.L.Bean Facebook, L.L.Bean Twitter and L.L.Bean YouTube.

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So will this kill the rental market or just prove that life happens

Landowner, who rented cottage to married couple sued for death, when groom drowns in landowner kayak

According to the article, the landowner rented her cottage to a couple on their honeymoon. On the last day of their stay the deceased took a kayak out on the ocean that was at the cottage. The deceased was wearing a PFD (life jacket).

He was found dead floating in the bay with his PFD on after the weather changed.

So anticipating a lawsuit, the landowner filed a notice of claim under Admiralty law. Admiralty law says the claim of the injured (or deceased) is limited to the value of the vessel after the accident. In her filing she states she paid indicates she purchased the vessel, manufactured by Ocean Kayak, in May 2009 for $297 for the kayak three years ago.

If the federal district court accepts the notice, then the lawsuit is effectively ended and the plaintiff’s will receive $297.

two Ocean Kayak sit-on-tops for two paddlers each.

two Ocean Kayak sit-on-tops for two paddlers each. (Photo credit: Wikipedia)

It is a great move in anticipation of litigation.

However

It is stupid that a person who is renting out their cottage on the ocean has to do this. What was the negligent act that she did? The kayak was still good, it was found floating, there was a PFD for the victim and he was wearing it. What else could you be liable for?

A property owner, landowner, has a duty of care to keep the property reasonably safe and to inform guests or invitees of any dangers. The deceased left the property!

See Kayak owner may face lawsuit over groom’s death or Property owner seeks liability protection in case of kayaker’s death.

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Posts will keep coming but I’m in the Grand Canyon

Sorry, but you can’t turn down a Grand Canyon Trip

My posts will keep coming, I’ve scheduled them in advance and however comments will not get approved.

I’ll be back after May 13th.

What do you think? Leave a comment.

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Poster for Grand Canyon National Park, Arizona...

Poster for Grand Canyon National Park, Arizona, USA (Photo credit: Wikipedia)

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Another lawsuit over drowning in low head dam.

You sometimes think there is some force that draws canoes or canoeists to low head dams. More so when you canoe at night without a PFD!

The mother of the deceased is suing the Town of Rocky Mount, Virginia for $5.3 million and $350,000 in punitive damages. The lawsuit is based on the fact the town new the dam was dangerous and did not fix it.
If you remember several previous articles on land owner liability, the liability of the landowner to a trespasser is minimal. (See Instructional Colorado decision Negligence, Negligence Per Se and Premises Liability and Land Owner of cycling track not liable for those dangers you can see.) In this case, the plaintiff will have to overcome the issue of being a trespasser and whether the town is protected by any premises liability.

Don’t get me wrong, low head dams need to be removed. They are death traps. At the same time, I’ve reported on two fatalities now by canoeists canoeing at night. (See Lawsuit over low head dam drowning against city of Topeka Kansas). This fatality the deceased was without a life preserver (PFD). If you paddle at night you better have a skill set and equipment far above “let’s rent a boat for a few hours.” I’ve paddled all over the world, many times at night, once in the Amazon jungle. However I always knew about the risks, the course, and except for boa’s in the trees and Cayman’s in the water, I knew what was ahead of me.

Lawsuits don’t change the world. The dam in question here has already been fixed to alleviate some of the dangers. The lawsuit is not going to change anything. The dam is in place to support the city water supply. What is the lawsuit going to do?

So

Work with the ACA and/or the AWA to remove or fix low head dams. Don’t go paddling unless you know where you are going. Don’t go hear a low head dam.

See Dead Woman’s Estate Sues Rocky Mount

What do you think? Leave a comment.

Copyright 2011 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com

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Commercial Paddlesports Fatalities 2011 as of 8/15/11

This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. If you have a source for information on any fatality please leave a comment.
If this information is incorrect or incomplete please let me know. Thanks.
Date
River
Rapid
What
Age
Sex
Company
Misc
5/23 Owyhee Upset Rapid IK Overturned 65 M ROW Adventures http://www.spokesman.com/stories/2011/may/31/wisconsin-man-dies-lochsa-river-rafting-accident/
6/23 Poudre River raft dump trucked 69 M Rocky Mountain Adventures http://www.timesfreepress.com/news/2011/jun/27/reminders-rivers-peril/?opiniontimes
6/5 Ocoee River Ocoee Outdoors M http://www.timesfreepress.com/news/2011/jun/27/reminders-rivers-peril/?opiniontimes
6/19 Ocoee River Big Frog Expeditions M http://www.denverpost.com/breakingnews/ci_18238887
6/8 Arkansas River Seidel’s Suckhole raft flipped, stuck in strainer 38 F http://www.thedenverchannel.com/news/28177934/detail.html
7/7 Snake River M Jackson Hole Whitewater http://www.topix.net/outdoors/2011/07/iowa-man-77-dies-in-rafting-accident-in-wyoming
7/16 New River Upper Railroad. raft hit rock F Alpine Adventures http://wowktv.com/story.cfm?func=viewstory&storyid=103451
7/3 Wenatchee River Osprey Rafting flipped & strainer 69 F Osprey Adventures http://www.wenatcheeworld.com/news/2011/jul/04/woman-dies-on-wenatchee-raft-trip/

I’ve heard unconfirmed rumors of additional fatalities in Westwater Canyon and Browns canyon if anyone has any information please email me: recreation.law@gmail.com

What do you think? Leave a comment.

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New York jumps into paddler’s rights case on side of paddlers!

It’s nice to see a state attorney general decided to do what is good for the people rather than what will get them sound bites!

This suit concerns a canoeist who paddled a waterway between two lakes. The land on either side of the waterway was owned by one landowner and when the canoeist went through the waterway they sued him for trespass.

For more information on the general facts of the case see Brandreth president talks paddling rights.
The state has now been granted permission to intervene in the suit representing the rights of the state of New York and consequently it’s people. This should bring a boost to the defense and help open up waterways in New York for recreation.

See State can side with editor in canoe case

What do you think? Leave a comment.

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National Park Service decides to help sue their concessionaires

Normally this information requires a Freedom of Information Act request, however this parks seems to hand it out like brochures.

A concessionaire at Chattahoochee River National Recreation Area rented tubes to a family. The dam up above the tubing area was scheduled for and did release more water while the tube renters were on the river. A 9 year old girl was swept away during the higher flows and died.

The National Park Service released a report stating the concessionaire was liable for the fatality.
Allegedly, the tubing company was required to inform the renters of the dam release and what to do when an emergency occurs. This is all according to “federal law.”

I seriously doubt it. I even doubt the regulations are that strict. At best it might be in the concession agreement, but I even doubt that.

The report resulted in the concession agreement being pulled. The report was also forwarded to the federal prosecutor office. Why? What criminal act occurred when you rent inter tubes? Did they intentional not tell the family about the dam release? The concessionaire wanted to lose his concession agreement?

The concessionaire should immediately ask for the right to appeal and appeal this ruling. The NPS does not have much to stand on and here’s why.

A rental operation is not an outfitter or guide service. Just like a rental car company, the people renting the tubes could have taken them to any river and floated.

Protect your Customers and you protect your Concession Agreement.

It is always sad when someone dies. It is worse when a beautiful young girl dies this way. However it is not nerf tiddlywinks.

It is very easy and very necessary to educate your customers of the risks of the activities. A dam release is a known risk of the activity. A simple sign might have helped.

You should always tell your customers what to do if they are in trouble. Normally in a rental operation the best way is to have them call the “800” number on the side of the equipment you rent. You do have your name, phone number and website on everything you rent, right?

How are you going to get your gear back if you do not have your name on it?

If you are operating under a federal or state permit or concession agreement make sure you fully understand and do everything listed on the concession agreement. That is the first step the federal land manager always reviews when it is time for your permit to be renewed.

At the same time, knowing what you are required to do may also create a gray area for your operation. The gray area does not exist with the land manager, only with your customers. The land management agency cannot hold you liable for those things it does not tell you want to do in your permit.

The issue is you may not lose your permit, but you may lose the lawsuit.

However, you should always make sure you fight to hold on to your permit.

This is sad, very sad. It is going to get worse because of the lawsuit promoted by the NPS and the loss of the permit.

See Tubing company at fault in girl’s drowning

What do you think? Leave a comment.

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Mixed emotions on this lawsuit: Low Head Dams are nothing but killers on rivers and streams

Defense of assumption of the risk is weak.

If you don’t know what a low head damn is find out. Normally, you can spot them because they have a perfectly level horizon line. A dam has been put in the river to divert water someplace. However, as the water goes over the dam it creates a perfect whirlpool, one that you cannot escape.

In this case, two teenagers went over the dam in a raft. Both boys drowned.

The defense is arguing that the two dead kids were taking chances. However, to me that signifies that you have a chance of surviving. It also means that you knew and understood the risk of the activity that you were chancing. Meaning you understood and assumed the risk.

However, you have no chance with a low head dam, and I seriously doubt that those teenagers knew or assumed that risk.

The claim in the lawsuit is a failure to warn. Under a premises liability claim, whether or not you had to warn would be dependent upon the status of the people coming upon your land. What that means for a governmental landowner in Ohio, I have forgotten over these past years.

There were two signs posted and the defense says witnesses tried to warn the kids of the dangers. The defense is going to argue the boys were risk takers. However, the boys were wearing PFD’s.

I don’t know about this one. Low head dams are killing machines. They all need to be removed. All of them need to have cables strung from the show across the water with buoys so people know it is not a trespassing issue; it is a life and death issue.

See Trial begins in drownings of Charles Trizza, Chad Schreibman.

What do you think? Leave a comment.

Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com

Twitter: RecreationLaw
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