Fred Phillips Consulting, LLC has a job on the Lower Colorado
Posted: May 17, 2013 Filed under: Arizona | Tags: Arizona, Blythe California, California, Colorado, Colorado River, Lake Mead, Nevada, PRBO Conservation Science Leave a comment »Seasonal Job Announcement Lower Colorado River and tributaries in Arizona, California and Nevada
The Yellow-billed Cuckoo was named Cuculus americanus in 1758. (Photo credit: Wikipedia)
Position: Yellow-Billed Cuckoo Field Crew Leaders and Surveyors, Lower Colorado River, Arizona, California, and Nevada
Start Date: May30- August 25
Status: Seasonal
Number of Openings: 2 Crew Leaders and 9 Surveyor Crew
Fred Phillips Consulting (FPC) is potentially looking for 2 field crew leaders and 9 surveyor crew members to conduct Yellow-Billed Cuckoo surveys on the Lower Colorado River from Lake Mead area south to the U.S. Mexican Border pending funding. The teams will be based out of Yuma, AZ, Parker, AZ, and Blythe, CA and work will be conducted at Havasu National Wildlife Reserve, Bill Williams River NWR, Cibola NWR, and Yuma East Wetlands. FPC is teaming with PRBO Conservation Science to conduct 5 years of yellow-billed cuckoo monitoring on the Lower Colorado River. FPC is a small business environmental consulting company based out of Flagstaff, AZ. We have been designing, implementing, managing and monitoring large-scale habitat restoration projects on the Lower Colorado River for over 12 years, including wildlife and bird surveys.
Two crew leaders are needed to conduct surveys from May 30- August 30. Crew leaders will assist with Yellow-billed cuckoo surveys along the lower Colorado River. Duties will include: supervising 1-5 biological technicians, project logistics, data collection and management, and conducting presence/absence surveys.
Nine field surveyors are needed from May 30- August 30. Field surveyor crew duties include conducting presence/absence yellow-billed cuckoo surveys using a playback tape method and data entry.
Qualifications Required:
Crew leaders must have 1) at least one year of field crew leader experience and an additional 2-3 years of avian survey
Colorado River @ Lake Mead National Recreation, Nevada / Arizona (Photo credit: Wikipedia)
experience, 2) know how to navigate using a map and GPS unit, 3) have computer and data management skills, 4) experience with call-back bird survey methods, 5) the ability to carry a heavy backpack in hot and humid conditions, off-trail in remote areas. Crew leaders need to have a valid driver’s license and be certified in First Aid and CPR.
Field surveyors must: 1) have previous avian field work experience, 2) skills using a map and GPS unit in the field, 3) be able to carry a heavy backpack in hot and humid conditions, off-trail in remote areas, 4) have computer skills, and 5) work in pairs or individually in the field.
Housing and work vehicles will be provided. Individuals will be responsible for getting themselves to and from field housing during non-working hours.
Field and Survey Conditions:
The Lower Colorado River is hot and humid during the summer with temperatures ranging from 80-115 F. Field work is initiated in the early morning prior to sunrise, and often times accessing field sites will be conducted in the dark. Work will include conducting surveys in the morning and entering data on the computer the same day. Field staff will work a 5 day on and 2 day off schedule, but must be able to work any days of the week. The schedule may change and field staff must be adaptable to those changes. Some crew, particularly crew leaders, may have to work over 40 hour weeks.
Check out more of the exciting work we are doing at http://www.fredphillipsconsulting.com
Email/Mail Resume and references to:
Yellow billed cuckoo fws (Photo credit: Wikipedia)
Heidi Trathnigg
htrathnigg@fredphillipsconsulting.com
401 South Leroux Street
Flagstaff, AZ 86001
928-773-1530 Phone
928-774-4166 Fax
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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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Arizona Sales Representative
Posted: March 10, 2013 Filed under: Arizona, Statutes | Tags: Arizona, Business, Code of Iowa, Contract, Employment, Independent Contractor, Independent Rep, Manufacture, Rep, Sales, Wage Leave a comment »ARIZONA REVISED STATUTES
TITLE 44. TRADE AND COMMERCE
CHAPTER 11. REGULATIONS CONCERNING PARTICULAR BUSINESSES
ARTICLE 15. SALES REPRESENTATIVE CONTRACTS
Go to the Arizona Code Archive Directory
A.R.S. § 44-1798.01 (2012)
§ 44-1798.01. Sales representative contract
A. The sales representative and the principal shall enter into a written contract. The contract shall set forth the method by which the sales representative’s commission is to be computed and paid.
B. The principal shall provide each sales representative with a signed copy of the contract. The principal shall obtain a signed receipt for the contract from each sales representative.
§ 44-1798.02. Termination of sales representative contract; payment of earned commissions
A. If an agreement of services is terminated for any reason both of the following apply:
1. All the commissions due through the time of termination shall be paid to the sales representative within a period of not to exceed thirty days after termination.
2. All the commissions that become due after the effective date of termination shall be paid to the sales representative within fourteen days after they become due.
B. The principal shall pay the sales representative all commissions due while the business relationship is in effect in accordance with the agreement between the parties.
C. A principal who fails to comply with subsections A and B of this section is liable to the sales representative for damages in the amount of three times the sum of the unpaid commissions owed to the sales representative.
D. The prevailing party in an action brought under this section is entitled to the cost of the suit, including reasonable attorney fees.
E. Commissions shall be paid at the usual place of payment unless the sales representative requests that the com-missions be sent by registered mail. If, in accordance with a request by the sales representative, the sales representative’s commissions are sent by mail, the commissions are deemed to have been paid as of the date of the registered postmark on the envelope.
F. Unless payment is made pursuant to a binding and final written settlement agreement and release, the acceptance by a sales representative of a commission payment from the principal does not constitute a release as to the balance of any commissions claimed due. A full release of all commission claims that is required by a principal as a condition to a partial commission payment is null and void.
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Posts will keep coming but I’m in the Grand Canyon
Posted: April 20, 2012 Filed under: Arizona, Rivers and Waterways, Whitewater Rafting | Tags: Grand Canyon, Grand Canyon National Park Leave a comment »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.
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Poster for Grand Canyon National Park, Arizona, USA (Photo credit: Wikipedia)
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Glen Canyon Dam LTEMP EIS Upcoming Public Meeting to Discuss Alternatives
Posted: March 30, 2012 Filed under: Arizona, Grand Canyon National Park | Tags: EIS, Environmental impact statement, Flagstaff Arizona, Glen Canyon, Glen Canyon Dam, Grand Canyon, Lake Powell, LTEMP, LTEMP EIS, NationalParkService, NPS, United States Bureau of Reclamation Leave a comment »LTEMP EIS Upcoming Public Meeting to Discuss Alternatives
*********************************************************
The public is invited to participate in a two-day meeting on alternatives being considered for inclusion in the Glen Canyon DamLong Term
Glen Canyon Dam (Photo credit: Wikipedia)
Experimental and Management Plan Environmental Impact Statement (LTEMP EIS) being prepared by the Bureau of Reclamation (Reclamation) and the National Park Service (NPS). The meeting will be held on April 4 and 5 at the High Country Conference Center located at 201 West Butler Avenue, Flagstaff, AZ 86001. The meeting is tentatively scheduled for 8 a.m. to 5 p.m. both days.
The preliminary draft alternatives being considered for evaluation will be presented and discussed at this meeting hosted by Reclamation and the NPS. Stakeholders and other attendees who have alternatives to propose should bring those ideas to the meeting. PowerPoint slides and posters are welcome. To be added to the agenda, register for the meeting as explained below, provide your email address, and indicate that you will be presenting an alternative.
Those wishing to attend the meeting are encouraged to register through the LTEMP EIS Web site at
http://ltempeis.anl.gov/involve/pubschedule/,
but registration is not required.
Alternatives to be considered in the EIS must meet the purpose and need of the LTEMP. The EIS will document and evaluate the impacts of the alternatives carried forward for analysis.
For More Information
********************
To learn more about how you can participate in the EIS process, visit the “Getting Involved” page of the LTEMP EIS Web Site
(
http://ltempeis.anl.gov/involve/index.cfm
).
If you have questions or need more information, contact the LTEMP EIS Webmaster at ltempeiswebmaster@anl.gov
Please forward this message to any party you feel may be interested in the LTEMP EIS.
_________________CONTACTS/SUBSCRIPTIONS________________
FEEDBACK
Grand Canyon LTEMP EIS Scoping Report Available and Web-Based Meetings
Posted: March 27, 2012 Filed under: Arizona, Grand Canyon National Park | Tags: #AZ, Arizona, Colorado River, EIS, Environmental impact statement, Glen Canyon Dam, Grand Canyon, LTEMP, LTEMP EIS, NationalParkService, NPS, United States Bureau of Reclamation Leave a comment »LTEMP EIS Scoping Report Available
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Image via Wikipedia
Public comments on the scope of the Long-Term Experimental and Management Plan (LTEMP) Environmental Impact Statement (EIS) for Glen Canyon Dam operations were gathered by the Bureau of Reclamation (Reclamation) and the National Park Service (NPS) during the Public Scoping Period, which closed on January 31, 2012. A series of public scoping meetings were held in November 2011. During these meetings, Reclamation and the NPS provided the public with information about the LTEMP EIS and opportunities to meet with and ask questions of technical experts.
Reclamation and the NPS have reviewed and evaluated the comments received and developed the “Summary of Public Scoping Comments on the Glen Canyon Dam Long-Term Experimental and Management Plan Environmental Impact Statement” (Scoping Report), which is now available on the Documents page of the LTEMP EIS Web site at
http://ltempeis.anl.gov/documents/
Upcoming Web-Based Public Meetings
**********************************
Two Web-based public meetings will be held on March 27, 2012 at 1:00pm and 6:00pm Mountain Daylight Time. The public is invited to participate in these meetings, which will provide a summary of public comments on the scope of the LTEMP EIS. The public will be able to watch a live overview of the Scoping Report, and will have an opportunity to ask questions of technical experts and managers involved in the EIS.
Those wishing to participate are encouraged to register through the LTEMP EIS Web site at
http://ltempeis.anl.gov/involve/pubschedule/,
but registration is not required. Participants are encouraged to log on to the webcast about 15 minutes before the start of each meeting to ensure they are connected before the meeting begins. For instructions on how to join and how to ask questions during the meetings, see
http://ltempeis.anl.gov/involve/pubschedule/
For More Information
********************
To learn more about how you can participate in the EIS process, visit the “Getting Involved” page of the LTEMP EIS Web Site
(
http://ltempeis.anl.gov/involve/index.cfm
).
If you have questions or need more information, contact the LTEMP EIS Webmaster at ltempeiswebmaster@anl.gov
Please forward this message to any party you feel may be interested in the LTEMP EIS.
_________________CONTACTS/SUBSCRIPTIONS________________
FEEDBACK
AZ Republic – Congress must not derail anti-noise plan
Posted: March 6, 2012 Filed under: Arizona, Grand Canyon National Park | Tags: Arizona, Federal Aviation Administration, Grand Canyon, NationalParkService Leave a comment »Congress must not derail anti-noise plan
Mar. 1, 2012
The Republic | azcentral.com
After years of work, and decades of delay, the National Park Service is about to adopt a plan to manage aircraft noise at the Grand Canyon.
Bright Angel Point trail - Grand Canyon North Rim (Photo credit: Al_HikesAZ)
Congress must not derail it.
The 1987 National Park Overflights Act called for the substantial restoration of natural quiet at the Grand Canyon.
Now, with that goal in sight, a proposed amendment to the Senate surface transportation bill would throw the process off track. It would change the wording of the 1987 law — setting the stage for years of litigation and yet more delay.
Sen. John McCain is sponsoring this measure. And Sen. Jon Kyl has signed on as a co-sponsor. So have Nevada’s Dean Heller and, making this a bipartisan misconcieved idea, Senate Majority Leader Harry Reid. (Why such high interest in Nevada? Air tours to the Grand Canyon happen to be big business in Las Vegas.)
This is their second effort. In 2010, when since-resigned John Ensign was Reid’s Senate mate, the four Arizona and Nevada senators proposed an end-run around the planning process. That legislation was ultimately withdrawn. This one should be dropped, too.
The National Park Service released its draft environmental document last year. The “preferred alternative” strikes a well-calibrated balance between reduced noise and opportunities for air tours. It would allow up to 65,000 air tours a year, 8,000 more than the total when the plan was written. It includes changes in routes and altitudes, plus at least one hour of quiet time before sunset and after sunrise.
The park service received nearly 30,000 comments from individuals and organizations. The final plan, which will likely be tweaked in response to some of those concerns, will be out this spring. Then the Federal Aviation Administration will consider the plan for safety issues.
McCain’s office says the proposed amendment would incentivize quiet technology and address FAA safety concerns. The plan, however, includes incentives for quiet technology that don’t conflict with the goal of reducing noise. The FAA’s concerns can and should be worked out in the final stages of the plan.
The majesty of the Grand Canyon includes the chance to experience natural quiet. The swish of wind through pines and the rush of the Colorado River echoing up the trail are valuable resources that need protection, just as archaeological sites do. We are so close to achieving that protection. Congress should not change the rules of the game in the very last minutes of play.
Arizona limited right for parent to waive child’s right to sue
Posted: February 17, 2012 Filed under: Arizona, Minors, Youth, Children, Statutes | Tags: Animal, Arizona, Arizona State University, Equine, health, Horse, Minor, Parental Responsibility, Parental Rights, Release 1 Comment »
Image via Wikipedia
TITLE 12. COURTS AND CIVIL PROCEEDINGS
CHAPTER 5. LIMITATIONS OF ACTIONS
ARTICLE 3. PERSONAL ACTIONS
Go to the Arizona Code Archive Directory
A.R.S. § 12-553 (2011)
§ 12-553. Limited liability of equine owners and owners of equine facilities; exception; definitions
A. An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if:
1. The person has taken control of the equine from the owner or agent when the injury or death occurs.
2. The person or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking control of the equine.
3. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, leased or borrowed. If the person has personally tacked the equine, the person assumes full responsibility for the suitability, installation and condition of the tack.
4. The owner or agent assigns the person to a suitable equine based on a reasonable interpretation of the person’s representation of his skills, health and experience with and knowledge of equines.
B. Subsection A does not apply to an equine owner or agent of the equine owner who is grossly negligent or commits wilful, wanton or intentional acts or omissions.
C. An owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine with or without the owner’s permission is not liable for injury to or death of the equine or the rider or handler.
D. Subsection C does not apply to an owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine if either of the following applies:
1. The owner, lessor or agent knows or should know that a hazardous condition exists and the owner, lessor or agent fails to disclose the hazardous condition to a rider or handler of an equine.
2. The owner, lessor or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.
E. As used in this section:
1. “Equine” means a horse, pony, mule, donkey or ass.
2. “Release” means a document that a person signs before taking control of an equine from the owner or owner’s agent and that acknowledges that the person is aware of the inherent risks associated with equine activities, is willing and able to accept full responsibility for his own safety and welfare and releases the equine owner or agent from liability unless the equine owner or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.
HISTORY: Last year in which legislation affected this section: 1998
NOTES:
Premises Liability
SCOPE OF IMMUNITY.
This section does not shield stable owners from claims for negligent supervision, which do not involve horseback riding or activities directly relating thereto. Bothell v. Two Point Acres, Inc., 192 Ariz. 313, 965 P.2d 47 (Ct. App. 1998).
Grant of summary judgment in favor of the riding stable operator was proper where the document that the rider signed contained sufficient information to have been considered a release; further, this section does not completely deprive injured equine riders of a remedy and thus it does not violate the anti-abrogation clause, Ariz. Const. art. 18, § 6. Lindsay v. Cave Creek Outfitters, L.L.C., 207 Ariz. 487, 88 P.3d 557, 2003 Ariz. App. LEXIS 162 (Ct. App. 2003).
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Guiding Opportunity at Grand Canyon National Park
Posted: February 3, 2012 Filed under: Arizona, Grand Canyon National Park | Tags: Arizona, Grand Canyon National Park, Grand Canyon National Park, Hiking, NationalParkService, Park, South Rim Leave a comment »Arizona Outback Adventures will be conducting a series of day hikes on various trails at the South Rim of Grand Canyon National Park on May 19th 2012.
We are recruiting guides to join our existing staff for three days of work on a contract basis.
Pay is $100.00-$120.00 per day dependent upon experience and qualifications
Guaranteed gratuity plus additional tips possible
All meals, park entrance and camping fees included
Applicants are required to have:
· Current WFR certification (or higher)
· Current CPR certification
· Good general knowledge of Grand Canyon’s history, geology, flora and fauna
· Experience hiking the main trails from the South Rim
· The ability to handle a group of seven diverse hikers on your own
· The ability to follow specific instructions and procedures
· A day pack, comprehensive first aid kit, trowel and all appropriate clothing and footwear for changing weather conditions
· Be physically fit
· Have a pleasant, friendly and engaging personality
· Have a presentable appearance
· Be available from 5:00am 5/17 through 9:00pm 5/19
· Experienced Grand Canyon hiking and rafting guides preferred
To apply email tim@aoa-adventures.com with a brief outline of your experience and qualifications, list all trails that you have hiked from the Main South Rim area (Hermit to Grandview) and the approximate number of times on each trail. Attach a current photo and a single sheet with a color scan of your Driver’s License, WFR Card and CPR card (if separate) with expiration dates clearly showing.
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Guiding Job in the Grand Canyon
Posted: February 3, 2012 Filed under: Arizona, Grand Canyon National Park | Tags: Angel’s Gate Tours, Arizona, Colorado River, Grand Canyon National Park, Grand Canyon National Park, Guide, Hiking, National Parks and Monuments, Park, Travel and Tourism Leave a comment »Angel’s Gate Tours is looking for experienced Grand Canyon guides to lead sightseeing tours, day hikes and the occasional backpacking trip in Grand Canyon. We are specifically recruiting experienced Grand Canyon boatman and other Grand Canyon backcountry professionals. Please contact us if you meet the following requirements:
- Minimum WFR certified, with CPR. (More advanced med certs are also acceptable).
- Good driving record. (1 minor ticket is usually OK)
- Must be able to pass Arizona DOT physical (this is pretty simple, basically it verifies that you can see, hear and move well enough to drive a vehicle).
- Outstanding Grand Canyon knowledge. (You know your schist from Shi-nola, and can present complex material in an entertaining manner).
- Hiking experience on all South Rim trails.
This is an excellent opportunity for Grand Canyon backcountry professionals that need to spend more time in town due to family, children, dog issues or other constraints. The majority of our tours and hikes depart from and return to Flagstaff daily. Please visit our website at www.SeeGrandCanyon.com and call (928) 814-2277 to schedule an interview. Angel’s Gate Tours is an EOE.
States that do not Support the Use of a Release
Posted: December 16, 2010 Filed under: Arizona, Hawaii, Louisiana, Montana, Release / Waivers, West Virginia | Tags: Duty of care, Insurance, Law, Liability insurance, Louisiana, Montana, Release, Virginia Leave a comment »Assumption of the risk is your best defense in these states
These states do not allow a recreational business or program to use a release to stop litigation.
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State |
Citation |
Issues |
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Releases are Void |
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C.C. Art. 2004 (2005) |
Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party. Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party. |
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MCA § 27-1-701 |
Liability for negligence as well as willful acts. Except as otherwise provided by law, everyone is responsible not only for the results of his willful acts but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person except so far as the latter has willfully or by want of ordinary care brought the injury upon himself. |
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Johnson’s Adm’x v. Richmond and Danville R.R. Co., 86 Va. 975, 11 S.E. 829 (1890) |
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Use of a Release is Restricted |
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Arizona |
Phelps v. Firebird Raceway, Inc., 2005 Ariz. LEXIS 53 |
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New Mexico |
Berlangieri v. Running Elk Corporation, 132 N.M. 332;2002 NMCA 60;48 P.3d 70;2002 N.M. App. 39;41 N.M. St. B. Bull. 25 |
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West Virginia |
Kyriazis v. University of West Virginia; 192 W. Va. 60; 450 S.E.2d 649; 1994 W. Va. LEXIS 161 |
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Use of Releases is Probably Void |
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Connecticut |
Hanks v. Powder Ridge Restaurant Corp., 276 Conn. 314, 885 A.2d 734 (2005) and Reardon v. Windswept Farm, LLC, Et Al., 280 Conn. 153; 905 A.2d 1156; 2006 Conn. LEXIS 330 |
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Wisconsin |
Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2 |
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Vermont |
Dalury v. S-K-I, Ltd, 164 Vt 329; 670 A.2d 795; 1995 Vt. Lexis 127 |
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Specific uses of Releases are Void |
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Alaska |
Sec. 05.45.120(a). Use of liability releases |
A ski area operator may not require a skier to sign an agreement releasing the ski area operator from liability in exchange for the right to ride a ski area tramway and ski in the ski area. A release that violates this subsection is void and may not be enforced. |
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Hawaii |
King v. CJM Country Stables, 315 F. Supp. 2d 1061, 2004 U.S. Dist. LEXIS 7511 (D. Haw. 2004) |
Found that Hawaii statute § 663-1.54. Recreational activity liability prevented the use of a release |
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New York |
Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation, or similar establishment and the user of such facilities, pursuant to which such owner or operator receives a fee or other compensation for the use of such facilities, which exempts the said owner or operator from liability for damages caused by or resulting from the negligence of the owner, operator or person in charge of such establishment, or their agents, servants or employees, shall be deemed to be void as against public policy and wholly unenforceable. |
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Four State Supreme Courts Reverse their Positions on Release
Posted: February 11, 2008 Filed under: Arizona, New Mexico, Release / Waivers, Wisconsin | Tags: Arizona, Arizona Supreme Court, Connecticut Supreme Court, New Mexico Supreme Court, Supreme Court, Wisconsin Supreme Court Leave a comment »Releases are the foundation of most adventure outfitters program to prevent lawsuits. Dependent upon your base of operation and/or your area of operation a release or waiver is the best way to inform your guests of the risks and stop lawsuits. However, the law concerning releases has changed dramatically in four states over the past 18 months.
Changes started February of 2005 when the Wisconsin Supreme court overturned its law on releases. In a case involving a drowning at a
Image via Wikipedia
health club, Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2
the Wisconsin Supreme Court set up a series of requirements for releases which will be impossible to meet. Each of the requirements allows the guest to invalidate the release or takes the legal teeth out of the release. The final requirement is a bargain for exchange requirement. This means the outfitter must offer the guest the opportunity to take the trip without signing a release for an additional charge. The additional charge to enjoy the adventure without signing a release must only be a nominal amount; however that does not make economic sense. (For a more thorough analysis see the Outdoor Recreation Law Review
Wisconsin Supreme Court decision threatens businesses relying on releases.)
Image via Wikipedia
In Arizona, in a race car mishap, the Arizona Supreme Court took an approach to releases no other state has adopted. In Phelps v. Firebird Raceway, Inc., 2005 Ariz. LEXIS 53, the Arizona Supreme Court held that releases, written contracts, are only an acknowledgement of risk. As such, the trier of fact, normally the jury, must decided whether the injured patron understood the risk of the activity and the release is additional, but not substantive proof of the knowledge. As such, releases in Arizona are not just proof of acknowledgement of risk rather than a contract to prevent a lawsuit. In the future, a defendant relying upon a release will be forced to go to trial to prove the injured guest understood the risk of the activity that injured him. (See the Outdoor Recreation Law Review
Surprising Arizona Supreme Court Decision Further Endangers Release Language.)
The New Mexico Supreme Courtdetermined that a statute designed to protect the Equine industry prevented the use of a release by a stable.
Image via Wikipedia
In Berlangieri et al. v. Running Elk Corporation, et al., 48 P. 3d 70 (N.M. App. April, 2002 the New Mexico Supreme Court stated the New Mexico Equine Liability act provided the only protection for equine outfitters and therefore it prevented the use of a release. This decision is limited to only equine activities; however a similar decision in West Virginia was the beginning of a series of decisions invalidating releases. This is an example of a statute that was meant to protect an industry doing more harm than good. (See the Outdoor Recreation Law Review
Release of Liability Found to Violate Public Policy.)
Image via Wikipedia
The final decision is a Connecticut Supreme Court decision, Hanks v. Powder Ridge Restaurant Corporation
et al. 276 Conn. 314, 2005 Conn. LEXIS 500 that overruled a case with the identical fact situation six years earlier. In this case a patron at a tubing hill signed a release and was injured tubing. He sued and the Connecticut Supreme Court overruled itself stating releases were no longer valid in the state because it removed the incentive for the tubing operator to keep the premises safe. The Supreme Court held that releases for recreational activities violate public policy. Public policy is the protection the courts extend to the public to protect them when they cannot protect themselves. Those protections are normally limited to those necessities of live that the public cannot live without such as utilities or public transportation. (See the Outdoor Recreation Law Review
Connecticut Supreme Court takes yet another bite out of releases with latest decision.)
All of these decisions are discouraging; however there are methods to change the results for a particular outfitter. The easiest and most important way is by using an effective Jurisdiction and Venue clause in a release. Jurisdiction means the law that will be applied and Venue means the location of the court that will hear the case. If you are operating in any of these four states, or another state that prohibits the use of a release, you can specify in the release the state where the case will be heard and the law that will be applied.
For Additional Analysis of these cases or to read the legal opinion, go to the Outdoor Recreation and Fitness Law Review.
