Why Rental Operations should use a release

Ten Reasons Why Rental Operations should use a release

  1. It stops lawsuits when you have provided too much information that has gotten the customer in trouble

  2. It allows you to recover damages if the customer does not return the product or damages the product

  3. It tracks who is renting your product

  4. It helps keep the relationship strong between you and the land manager where your product is being used

  5. It keeps you from falling in love with a defense attorney.

  6. It keeps your insurance premiums from going through the roof.

  7. It allows you to keep control of your business in turbulent times.

  8. It educates your customers in how your product works and what they should and should not do.

  9. A release informs your customers of the risks of using the product improperly.

  10. It makes sure you get paid and your product comes back.


CALL FOR PAPERS: SCHOLE: A JOURNAL OF LEISURE STUDIES AND RECREATION EDUCATION

Volume 25, 2010
DUE DATE: January 15, 2010

Schole is the official yearly refereed publication of the Society of Park and Recreation Educators. Schole was established to disseminate knowledge related to park and recreation courses, curricula, and teaching at the college level. Manuscripts may address the wide range of issues concerning graduate and undergraduate education such as:

curriculum planning, curriculum design, future employment requirements, trends and their impacts, student and faculty profiles, course content, fieldwork and internships, leisure and the humanities, teaching methods, accreditation, community education, and tenure and promotion. Manuscripts based on conceptual, philosophical, and empirical inquiry will be considered for publication. Book reviews and classroom activities are also accepted under a separate call.

Guidelines for Contributors:

1.    Manuscripts will be accepted for review by the Editors with the understanding that they have not already been published, and that if accepted for publication in Schole, that the manuscripts will not be published elsewhere without permission of the Co-Editors.
2.    All manuscripts should be in American English. Papers should be double-spaced (including abstract and references) and pages numbered consecutively with 1″ margins. Approximate length should be no more than twenty (20) double-spaced pages in total.
3.    The author’s name should appear only on the title page. Begin the title page with the title of the article, the author’s name, address, telephone number and email address. In the case of co-authors, respective addresses should be clearly indicated as well as which author is to receive correspondence.
4.    The essential content of each paper should be briefly recapitulated in a single paragraph abstract (150 words) following the title page.
The abstract page should also contain 3-6 keywords for indexing.
5.    All photographs, charts, and diagrams should be referred to as “Figures” and numbered consecutively as they appear in the text.
Tables should also be numbered consecutively and should have informative titles. Figures and tables should not be in color but in black and white or grayscale. Figures and tables may be submitted as separate documents, however, their position in the manuscript should be indicated in the text.
6.    Include only references to books, articles, and bulletins actually cited in the text. All references should follow the Publication Manual of the American Psychological Association (6th ed.).
7.    Submit one electronic copy of the manuscript saved in M.S. Word or rich text format to schole@uga.edu. Please name Schole_lastname.firstinitial_10.

DEADLINE FOR SUBMISSION:

Articles submitted for the 2010 volume must be received by January 15, 2010.

Articles should be submitted to:

Corey W. Johnson & Gwynn M. Powell, Co-Editors

Schole: A Journal of Leisure Studies and Recreation Education Recreation and Leisure Studies Program Department of Counseling and Human Development Services

343 Ramsey Center, 300 River Road
The University of Georgia
Athens, GA 30602-6555
706-542-4335 (OFFICE)
706-542-7917 (FAX)
schole@uga.edu

Update: Lawsuit over drowning at nudist party at pool settled.

It’s being reported that the lawsuit I reported on in the blog It’s always sad when someone dies, but sometimes the facts can be…..interesting. The plaintiffs are going to accept $250,000 to settle this suit.

The facts surrounding the suit are pretty thing and of course you can speculate for years over what happened. (Do you rescue a nude person the same way you rescue one with a bathing suit on?) The same goes with the legal issues, was a released signed? Does Pennsylvania recognize negligence per se which would void the release. Negligence per se is negligence which is based on the violation of a statute or law. So not having a life guard which is required by law may prevent may defenses from being used.

See Drowning Lawsuit Settlement in Pennsylvania.


Update: Dr. who slammed brakes on car in front of cyclists convicted.

To see my original post see
Criminal Trial Starts this week for MD who pulls in front of cyclists and slams on his brakes.

Dr. Dr. Christopher Thompson was convicted of seven felony counts for the act of pulling in front of two cyclists and slamming on his brakes injuring the cyclists. Dr. Thompson was convicted of two felony counts each of assault with a deadly weapon, battery with serious bodily injury, a felony count of reckless driving with specified injury, a felony count of mayhem, and a misdemeanor count of reckless driving. He could face ten years in prison.

See
Justice Served?


Ten Reasons Why Retailers should use a release

Why retailers should use a release

  1. You can track who is coming to your store.

  2. You will learn how many people demoed a product and whether the event was a success

  3. You will get the name, address, phone and email of everyone who demoed a product so you can start a contact list

  4. You can learn if the customer liked the product, even if they don’t buy the product that day

  5. You can stop yourself from getting sued.

  6. You can educate your customers to some of the risks of the sport

  7. You can educate the customers to the risks of the new product

  8. You can rent anything to customers if you have the right release

  9. You can keep manufactures from sharing the defendant’s table with you in a lawsuit.

  10. You can help customers move into bigger and/or better products because you can run a demo program for every product in your store.


PR Disaster should not be turned into bigger disasters

And if you did turn it into a bigger disaster try not to make an even bigger disaster

There has been a ton of issues flying around the world over BPA and finding it in container you use to drink from. It started with plastic water bottles which sent plastic bottles to the land fill and sent metal ones soaring in sales. Everyone picked up metal, stainless steel water bottles. You immediately found them in bicycle water bottle catches, on playgrounds and school teacher desks. Then it was discovered that stainless steel water bottles were lined with BPA.

In the mean time the public and Wall Street saw the metal water bottles sales soaring. People were afraid of BPA and plastic and the stainless manufactures benefitted from the fear of plastic. Then the stainless steel water bottle manufactures admitted that their bottles were lined with BPA also. That was a good and honest move.

Now the stainless water bottle manufactures are trying to redeem themselves and they are blowing it. When the plastic water bottle manufactures got caught, they argued that the BPA did not leech into the water. They lost this fight, they converted and they started selling again.

The stainless steel bottle makers tried to make this argument/defense again, there was no BPA in your water. Stupid move number 1. Don’t learn from the guy who screwed up big time and try the same move.

Stupid Move number 2 is continue to try and dodge the issue. In a post, SIGG and the Problems of Transparency several different arguments are being made to justify the cover up. Such stellar examples include:

  • We are not as bad as the other guys
  • We are not the first people to lie to you; you should be used to it.
  • It did not cost you millions to bail us out
  • There are bigger fish to fry

Give me a break!

Look the issue is not who is bad, the issue is I spent money on the bottle sitting in front of me. You knew I was buying it because of my fear of BPA in my water bottles yet you kept quiet. You were silent knowing I was buying your bottle to avoid BPA, and your bottle was lined with BPA.

This is not a government issue, this is a personal issue. This problem did not occur on Wall Street the problem is sitting on my desk in front of me. I’m starring at the problem and I feel ripped off.

At least the plastic guys did not lie to me once the information was out and they never said we are not as bad as the other guy.

If you have a PR problem and you don’t want to turn it into a legal problem you better come clean the first time and stay clean the rest of the time. (See Class Claims Toxin Was in Aluminum Bottles and Caddell & Chapman files class action complaint against SIGG.) Consumers feel duped, crap even I feel duped

Covering up works the same way as hiding under the covers, eventually people will see you under the covers. When you get caught telling the world it’s not you or that your brother or that your brother did something worse than you, your parents did not buy it. Telling consumers there are bigger fish to fry does not matter to a consumer. Let the fish fryers deal with those issues. I want to feel better about being ripped off.

For other articles about this issue see:

Anger uncorked at bottle maker Sigg over BPA

SIGG Fights For Fanfare, Against Lawsuit

BPA in SIGG Water Bottles

Patagonia terminates relationship With SIGG water bottles

For other comments about PR disasters see How not to respond to a product liability claim or How to turn a mess into a legal disaster.


Why Manufactures should use a release

Ten Reasons why manufactures of recreation products should be using a release!

  1. It informs customers of possible hazards of a new product they have never tried before.

  2. It helps new customers to the sport understand the risks of the sport and your equipment.

  3. It creates a relationship between you and your retailers that is hard to break by a plaintiff’s lawyer.

  4. A release protects your reps from lawsuits from retailers or customers.

  5. A release provides you with the name, address, email and contact info of everyone who demo’s your products if your release asks for the information.

  6. You can use the release to track what someone is demoing and what they thought about the product and the sport.

  7. It will help you win a lawsuit if the customer uses your product incorrectly.

  8. It will help you win a lawsuit if the customer is new to the sport and does not understand the intricate issues of the sport and your product.

  9. It will help you win a lawsuit if your product breaks and injures the customer

  10. It will keep you from spending months with a defense attorney.


Ten Reasons Why Outfitters should use a release

Why Outfitters should use a release

  1. Customers may have no idea what you really do, a release helps explain that.

  2. A release will inform customers of the risk, and you have proof of it

  3. A release allows you to track who is going on the trip

  4. A release allows you to gather a customer’s name, address, phone and email info and gives you permission to use it.

  5. Releases let your customers know that you are not a different version of Disneyland®

  6. Releases educate your customers and educated customers are happy customers

  7. Releases keep you from getting to know an attorney your insurance company hired to defend you.

  8. Releases will help keep your insurance costs down

  9. Releases will keep you at work rather than in a deposition.

  10. A well written release makes sure that if there is a problem it is in your backyard not some foreign place where the jury has no idea what you do.


Why Colleges and University Degree Programs should use a release

Ten Reasons Why Colleges and University Degree Programs should use a release

  1. Students sue if they are over 18 and injured in a degree or non-degree program

  2. Parents sue if their child is hurt in a program at school. Parents send their kids to be protected like they were at home.

  3. Student health insurance companies sue to recover their costs under the subrogation clause in the policy

  4. Students need to understand the risks of the sport; a release helps drive that issue home.

  5. A release covers something you might have forgotten

  6. A release helps keep your job if a student is injured

  7. A release keeps “Risk Management” and “University Counsel” out of your hair.

  8. A release allows you to expand your program by expanding the territory, the activities and/or the risk

  9. A risk prevents you from taking a non-credit three year class called lawsuit defense

  10. A release keeps me off your campus except to train rather than investigate and defend

  11. A release keeps you from learning how nasty depositions really are.

  12. Having students fill out a release and answering questions about the release is another class you don’t have to prepare a lesson plan for.


NPS pays out $5M for not having a sign up

Amazing that trees and waterfalls don’t come equipped with warning signs

A Kentucky doctor and her son have reached a $5M settlement with the National Park Service over the deaths of her 8 year old son and spouse. The Spouse and son were crossing a creek in Haleakala National Park above Makahiku Falls. Makahiku Falls is a 184 feet drop. As they were crossing a flash flood occurred washing the two over the falls. Their bodies were never found.

The family opted to hike off the trail past the overlook. In that hike they decided to cross the stream. Normally there is an electronic sign up that warns of flash floods, however on this day the sign was not working.

  • If you put up a sign, make sure it works or is visible even if it does not work.
  • If you put up a sign, make sure it is there.

The defendant’s attorney claimed that crossing the stream on rocks the plaintiff’s should not have known about flash floods.

Remember this is your money, taxpayer money that paid someone because they did not know about flash floods. Or they thought since the sign was not on, things were safe. Two different ways to look at this case.


Winners of the 2009 National Outdoor Book Awards (NOBA) Announced

PRESS RELEASE

Winners of the 2009 National Outdoor Book Awards (NOBA) Announced

Please Hold Until Thursday, November 12

Color scans (print quality), an AP style MS Word copy of this release , complete reviews, and other supplementary art work (print or web resolutions) may be downloaded from http://www.noba-web.org/bookrel09.htm.  For more information, contact Ron Watters (mailto:wattron@isu.edu)

Quick Summary of Winners. (Some categories have two winners  – more details to follow).

  • History/Biography.  Winner.  Wilderness Warrior:  Theodore Roosevelt and the Crusade for America  by Douglas Brinkley  
  • Outdoor Literature.  Winner.  Halfway to Heaven  by Mark Obmascik 
  • Outdoor Literature.  Honorable Mention.  Rowboat in a Hurricane by Julie Angus
  • Design & Artistic Merit Category.  Winner.  Lars Jonsson’s Birds.  Illustrations by Lars Jonsson 
  • Classic Award.  Winner.  Kayak: The New Frontier  by William Nealy
  • Classic Award.  Honorable Mention.  Appalachian Odyssey  by Steve Sherman and Julia Older
  • Nature and the Environment.  Winner.  Our Living Earth  by Yann Arthus-Bertrand
  • Nature and the Environment.  Honorable Mention.  Sand: Tthe Never Ending Story  by Michael Welland. 
  • Natural History Literature.  Winner.  Every Living Thing  by Rob Dunn
  • Children’s Category.  Winner.  Whistling Wings  by Laura Goering.  Illustrated by Laura Jacques. 
  • Children’s Category.  Honorable Mention.  Operation Redwood  by S. Terrell French
  • Instructional Category.  Girl on the Rocks:  A Woman’s Guide to Climbing  by Katie Brown. 
  • Outdoor Adventure Guidebooks.  Winner.  Guide to the Green and Yampa Rivers  by Duwain Whitis and Barbara Vinson
  • Outdoor Adventure Guidebooks.  Honorable Mention.  The Guide to Baja Sea Kayaking  by Dave Eckardt
  • Nature Guidebook.  Winner.  Peterson Field Guide to Birds of North America  by Roger Tory Peterson
  • Nature Guidebooks.  Honorable Mention  Dragonflies and Damselflies of the West  by Dennis Paulson

General Press Release:

2009 NATIONAL OUTDOOR BOOK AWARD WINNERS ANNOUNCED

Pocatello, Idaho – A new groundbreaking biography on Theodore Roosevelt is the winner of the history-biography category in this year’s National Outdoor Book Awards (NOBA).

Entitled “Wilderness Warrior,” the book is by historian Douglas Brinkley. 

“No doubt about this one.” said Ron Watters, Chairman of the National Outdoor Books Awards.  “It’s a winner.  Not only is Brinkley’s book well written and impeccably researched, it sheds new information on Roosevelt’s work to protect our nation’s outdoor heritage.”

“Wilderness Warrior” is one of several winners in the 2009 National Outdoor Book Awards.

The winners of this annual award program represent some of the finest outdoor writing and artwork being published today.  The awards program is sponsored by the National Outdoor Book Awards Foundation, Idaho State University and the Association of Outdoor Recreation and Education.

Awards are given in ten individual categories.

“The list of this year’s winners is as varied as it is impressive,” said Watters who is a professor emeritus at Idaho State University.  “Brinkley’s serious and rigorous historical work is balanced by a light and humorous book on climbing Colorado’s 14,000-foot peaks.”

The Colorado book is called
“Halfway to Heaven” and received top honors in the Literature Category.  It is about author Mark Obmascik’s dream to climb Colorado’s highest peaks. 

While most people take years to reach all 54 summits, Obmascik decides to climb all of them in one summer.  Obmascik, however, has a problem.  He is overweight and utterly out of shape. 

Nonetheless, he heads out on a rollicking, non-stop adventure with an all-star cast of eccentrics and fanatics. 

The most adventurous story among this year’s NOBA winners is “Rowboat in a Hurricane” by Canadian author Julie Angus.  In this riveting, true life adventure, Angus and her fiancée set out on a 6,000 mile journey to row across the Atlantic. 

It is the same year as Hurricane Katrina and the Atlantic is seething with tropical storms.  Their path takes them directly into the storms’ midst.  “This one will keep you on the edge of your seat,” said Watters.  “It’s truly a book that you won’t be able to put down.”

Bird watchers will find much to savor among this year winners. 

A stunning collection of bird paintings by the master artist and ornithologist Lars Jonsson won the Design and Artistic Merit Category.  “Lars Jonsson’s Birds”
includes
sketches, watercolors, oil paintings, lithograph, and commentary by the artist.

A new edition of Roger Tory Peterson’s classic field guide, the
“Peterson Field Guide to Birds of North America” won the Nature Guidebook Category.  The book conveniently combines his eastern and western guidebooks into one volume.

And finally little bird lovers, particularly those between the ages of five and nine, will enjoy the winner of the Children’s Category “Whistling Wings.”  It’s a sweet bedtime story about Marcel, a young tundra swan who is flying south for the winter.

Complete reviews of these and the other 2009 winners may be found at the National Outdoor Book Award Web site at:  www.noba-web.org.

Here is a list of winners. 

  • History/Biography.  Winner.  “Wilderness Warrior:  Theodore Roosevelt and the Crusade for America.”  By Douglas Brinkley.  Harper, New York.  ISBN 9780060565282 
  • Outdoor Literature Category.  Winner.  “Halfway to Heaven.”  By Mark Obmascik.  Free Press / Simon & Schuster, New York.  ISBN  9781416566991 
  • Outdoor Literature Category.  Honorable Mention.  “Rowboat in a Hurricane: My Amazing Journey Across a Changing Ocean.”  By Julie Angus.  Greystone Books, Vancouver.  ISBN 9781553653370 
  • Design & Artistic Merit Category.  Winner.  “Lars Jonsson’s Birds.”  Illustrations by Lars Jonsson.  Princeton University Press, Princeton.  ISBN 9780691141510
  • Classic Award.  Winner.  “Kayak: The New Frontier.”  By William Nealy.  Menasha Ridge Press, Birmingham.  ISBN 9780897325899 
  • Classic Award.  Honorable Mention.  “Appalachian Odyssey: Walking the Trail from Georgia to Maine.”  By Steve Sherman and Julia Older.  Author’s Guild, New York.  ISBN 9781440115301
  • Nature and the Environment Category.  Winner.  “Our Living Earth.”  By Yann Arthus-Bertrand.  Abrams/Books for Young Readers, New York.  ISBN 9780810971325 
  • Nature and the Environment Category.  Honorable Mention.  “Sand: Tthe Never Ending Story.”  By Michael Welland.  University of California Press.  Berkeley.  ISBN 9780520254374
  • Natural History Literature.  Winner.  “Every Living Thing:  Man’s Obsessive Quest to Catalog Life, from Nanobacteria to New Monkeys.”  By Rob Dunn.  Smithsonian Books.  New York.  ISBN 9780061430305 
  • Children’s Category.  Winner.  “Whistling Wings.”  By Laura Goering.  Illustrated by Laura Jacques.  Sylvan Dell Publishing, Mt Pleasant, SC.  ISBN 9781934359303 
  • Children’s Category.  Honorable Mention.  “Operation Redwood.”  By S. Terrell French. Abrams/Amulet Books, New York.  ISBN 9780810983540 
  • Instructional Category.  “Girl on the Rocks:  A Woman’s Guide to Climbing with Strength, Grace and Courage.”  By Katie Brown.  Photos by Ben Moon.  Globe Pequot Press/Falcon Guides, Guilford, CN.  ISBN 9780762745180 
  • Outdoor Adventure Guidebooks.  Winner.  “Guide to the Green and Yampa Rivers in Dinosaur National Monument.”  By Duwain Whitis and Barbara Vinson.  RiverMaps, Buda, TX.  ISBN 9870981935913
  • Outdoor Adventure Guidebooks.  Honorable Mention.  “The Guide to Baja Sea Kayaking.”  By Dave Eckardt.  Paddle Publishing, Eagle, CO.  ISBN 97809645839914 
  • Nature Guidebook.  Winner.  “Peterson Field Guide to Birds of North America.”  By Roger Tory Peterson.  Houghton Mifflin Company.  Boston.  ISBN 9780618966141 
  • Nature Guidebooks.  Honorable Mention.  “Dragonflies and Damselflies of the West.”  By Dennis Paulson.  Princeton University Press.  Princeton.  ISBN 9780691122816

Scans & reviews are found here:  http://www.noba-web.org/books09.htm

More information on the awards program is found on the National Outdoor Book Award website at:  www.noba-web.org.

# # #

Ron Watters, Chairman

National Outdoor Book Awards (http://www.noba-web.org)

Phone: 208-232-6857  Email: wattron@isu.edu


CAMP USA: HOLIDAY DEAL-A-DAY

SIGN UP FOR THE HOLIDAY DEAL-A-DAY

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To register, please update your information using the Update Profile/Email Address link at the bottom of this email. A link will be sent with instructions for making quick and easy updates.


Money Magazine has a great article “5 Things to Never Say to Your Insurers”

Money Magazine November 2009 has an article 5 Things to Never Say to Your Insurers on page 32. The 5 things to not say are:

  • I think
  • I got whiplash
  • It’s an experimental treatment
  • My basement flooded
  • Just send me a check

I think is an opinion and opinions get everyone in trouble. Only give any law enforcement officer or insurance investigator facts not opinions. Even if asked be hesitant about what you think, it raises warning flats in everyone’s mind and may lead the investigator down the wrong trail.

I got whiplash is key to start a fraud investigation. If you are hurt, just refer the investigator or claims adjuster to your health care provider. Unless you are a physician and can provide the investigator with the correct medical terminology, don’t. If your neck hurts, say your neck hurts or whatever hurts or does not work. But leave the medical diagnose to your physician.

It’s an experimental treatment translates into insurance speak as “then we are going to experiment on not paying you.” Insurance companies are not required to pay for experiments, even if you believe it may keep you alive. The key term is, is the treatment medical necessary. Again experiments are not medically necessary.

My basement flooded talks about an accident that is not covered. Rain is covered, once water hits the ground, it is called surface water and no insurance policy issued by an insurance company covers it. You must buy a flood insurance policy from the federal government if you want to have coverage for flooding. If the flood was caused by a burst pipe, which is covered tell them what happened, not the results in this case.

Just send me a check. Insurance is used to put the policy holder back in the position where they were before the incident. If you want to use the money for something else, which in some cases may be illegal or a breach of the policy, you can’t tell the insurance company. They want the money to go to fix the problem.

Insurance companies may be owned by shareholders or owned by the policyholders, either way they are not supposed to pay fake, fraudulent, experimental claims or pay for things other than what is specifically listed under the policy.


Risk Management Division: Applications Being Accepted For Summer Internship Program

NPS Morning Report November 6, 2009

The Division of Risk Management and the Student Conservation Association (SCA) have established a summer internship program that provides opportunities for students to support park injury prevention efforts and provides parks with a cost-effective way to enhance their visitor safety programs.  Consistent with the Administration’s effort to engage youth with our national parks, this program offers outstanding personal and professional opportunities to young people, while providing opportunities for parks to enhance their public safety programs.

The Risk Management Division and SCA will assist parks in identifying particular needs and finding interns with the skills to meet those needs. Interns will then be placed in parks for three to six months to assist with specific park projects to enhance injury prevention and control efforts.  Parks must provide housing, transportation costs, a subsistence allowance, and on-site supervision for each intern.  The Risk Management Division will cover the cost of a comprehensive, highly specialized, six-day training for all interns and will provide on-going technical support.

“This program exceeded my expectations and I think that is largely due to the caliber of the individual intern,” said Maureen Finnerty, a ranger at Devils Postpile NM who supervised an intern in the Risk Management pilot internship program last summer. “The self motivation and the knowledge that he brought to the park was tremendous.  He has gone above and beyond what we have asked of him, and pointed out additional needs that we did not even think about initially.”

Parks with an interest in strengthening their injury prevention programs are encouraged to apply.

Application forms and further information about this program are available on the Public Risk Management website.  Parks interested in participating should contact Gabrielle Fisher, Public Risk Management program specialist, at 202-513-7160, or gabrielle_fisher@nps.gov.  Applications to participate in this program will be accepted through Thursday, December 31st.
[Submitted by Gabrielle Fisher]


CALL FOR ABSTRACTS: 2010 NRPA LEISURE RESEARCH SYMPOSIUM

Minneapolis, MN

October 26-28, 2010

Heather Gibson and Kathleen Andereck, LRS Co-Chairs

Mary Ann Devine, LRS Poster Coordinator

The NRPA Leisure Research Symposium provides an international forum for scholarly exchange and discussion about leisure. The Symposium includes both theoretical and applied research that transcends disciplinary boundaries. Papers may address leisure behavior, structural and cultural aspects of leisure and leisure studies, or applied research directed at the recreation professions.

Papers are presented either as formal paper presentations, as posters or as part of a panel session. All abstracts receive the same rigorous, double blind review without consideration of presentation format. Abstracts for all types of presentations are included in an electronic published book of abstracts.

Abstracts reporting empirical studies should contain subheadings identifying an introduction, methods, results, and discussion; only completed studies should be submitted. Abstracts reporting conceptual and theoretical discussions should also have an effective set of subheadings. Abstracts cannot exceed three pages, single-spaced (see attached instructions). Because of this extreme limitation, it is imperative that abstracts are written carefully and provide a coherent overview of the paper that will be presented.

CONDITIONS FOR SUBMISSION OF ABSTRACTS

1.    Only completed studies or scholarly discussions may be submitted. 2.    Only studies that have not been previously published or presented at another professional conference may be submitted. Papers that ask the same question(s), use the same analysis, or develop the same logical argument as previous publications or presentations are not eligible. 3.    Two or more abstracts from the same study cannot be submitted to different sessions under different titles/authorship unless substantially different aspects of the study are represented in each paper. 4.    Abstracts undergo blind peer review by three reviewers with expertise in the topical area to which the abstract was submitted. The Symposium Co-Chairs make final decisions about acceptance, but typically adhere to the recommendations of the reviewers. Papers may be rejected due to time and space limitations, ineffective development of the 3-page abstract, violation of conditions 2 or 3 (above), or weaknesses in the study itself. 5.    Authors who have their abstracts accepted are expected to deliver their presentations as assigned during the Symposium. Please do not submit an abstract unless you are committed to attending the Symposium. Failure adhere to this guideline in 2010 will preclude a researcher from presenting at the 2011 LRS.
6.    Authors’ names may not appear on more than two (2) LRS abstracts/proposals of any kind (i.e., authors are limited to two possible presentations in the LRS regardless of co-authorship or type of presentation e.g. oral, poster or symposium). The only exception to this limit is for an advisor to a student who is submitting an LRS abstract, in which case, the advisor position must be clearly indicated in the author section of the submission. In this case, the first author must be a student and registered at their institution as such at the time of the abstract submission deadline.
7.    Continuing this Year: Due to the success of this year’s panel sessions, we are inviting researchers to submit proposals for a panel style presentation that includes three (3) papers addressing one central theme and a response paper from a discussant (see instructions for submitting a panel session).

8.    Abstracts are to be submitted electronically no later than January 25, 2010. Abstracts submitted after this deadline will be returned without review. Please upload your abstract and fill out all of the required information using this link: http://www.surveygizmo.com/s/193109/fi1rf ABSTRACT PREPARATION DETAILS

1.    Abstract: A.    Three pages maximum (136 lines total) including all discussion, tables, and figures. Abstracts exceeding this page limit will not be reviewed. A reference list is recommended but not required (see below). The text of the abstract may not run over onto a fourth page. B.    Use 12-point font Times Roman and one-inch margins on sides, top and bottom. C.    Single space the text. D.    Abstracts must have a title that reflects the general nature of the abstract in 10 or fewer words E.    Use appropriate subheadings. F.    Remove author identification in properties (In Word, go to File, then properties, summary and remove author name). G.    Tracking changes must not be readable. H.    Add line numbering to the text. (In Word, go to File, Page Setup, Layout, Line Numbering, select “Add Line Numbering”, “Start at” 1, “From text” Auto, “Count by” 1, and select the Numbering to be “Continuous”). I.    Abstracts that do not meet all specifications will be rejected from further consideration. 2.    Reference List: A.    A list of references not exceeding one-page (46 lines total) should be listed in a document separate from the abstract if submitting a 3-page abstract. B.    The list of references must follow the same font and margin format as specified above for abstracts. C.    References list should be formatted according to Publication Manual of the American Psychological Association (5th edition). 3.    Panel Session Submission Instructions A.    Panel sessions submissions require four one page abstracts. The panel session organizer will be responsible for convening and moderating the panel session around a central theme. Three one page abstracts written in accordance with the LRS guidelines (single-spaced, 12 point font, 1 inch margins, title etc) should be collected by the panel session organizer. Abstracts should provide sufficient detail as to the proposed paper contents. (PLEASE NOTE: The discussant’s paper does not need to be submitted at this time).
B.    The panel session organizer should also submit a one page abstract providing an introduction to the theme and summarizing the main points of the three presentations (i.e. the three abstracts mentioned above).
C.    The panel session organizer will be responsible for writing the learning objectives for the session for CEUs. 4.    Specification of Section and Presentation A.    Specify a specific thematic area (one only from the eight thematic areas that are listed below) – select the most appropriate for your paper. These areas reflect the reviewers’ areas of interest and expertise. Papers accepted for presentation may be further re-grouped into additional thematic sessions for the Symposium. Thematic Areas:
1.    Sustainability (e.g., environmental issues, sustainable tourism, ecotourism, etc.) 2.    Leisure, Children and Adolescents 3.    Leisure and Aging 4.    Physicality and Physical Activity (e.g. obesity, healthy lifestyles, activities in various communities, etc.) 5.    Travel and Tourism 6.    Community Development (e.g., municipal recreation, community resources; building community) 7.    Social justice/social change/inclusive leisure (e.g., leisure and issues of race/racism, gender/sexism, ability/disability) 8.    Other (topics the authors feel do not fit any of the above categories) B.    The author’s preference for presentation format. Indicate one of the following: (a)    poster only
(b)    prefer poster but would do formal presentation
(c)    prefer formal presentation but would do poster
(d)    formal presentation only

(e)    panel session presentation Note: Reviewers are not aware of the stated presentation preference. This information in conjunction with time and space limitations is used by the Symposium Co-Chairs when establishing the final conference schedule.

5.    Learning Objectives A. Provide three observable and measurable learning outcomes. Limit to one sentence (20 words or less) per outcome.

1.    Learning outcomes are statements that specify what learners will know or be able to do as a result of a learning activity. Outcomes are usually expressed as knowledge, skills, or attitudes. They help to:
  • Focus on learner’s behavior that is to be changed
  • Serve as guidelines for content, instruction, and evaluation
  • Identify specifically what should be learned

Convey to learners exactly what is to be accomplished 2.    When writing Learning Outcomes, use verbs that are observable and measurable. 6.    Contact information A.    Principal author’s name, institutional affiliation, mailing address, phone number, fax number, and e-mail address. It is assumed that, unless otherwise specified, this person will make the presentation if the abstract is accepted. B.    Full contact details for all co-authors. This includes full name, institutional affiliation, mailing address, phone number, and e-mail address. C.    The principal author’s contact information over the summer (June 1 to Aug. 31), if different from above. 7.    Correspondence regarding abstract. A. Authors will be notified of abstract review results via email by mid May 2010 at the latest. LRS Co Chairs: Heather Gibson hgibson@hhp.ufl.edu <mailto:hgibson@hhp.ufl.edu> Kathleen Andereck
kandereck@asu.edu


Carolina Perception sea-kayaks stolen

The University of Buffalo had two Carolina Perception sea-kayaks stolen. They are 14.5 footers, yellow. One of them has EMS Rental stamped on it. If by some miracle you spot them:

Contact Russ Crispell

crispell@buffalo.edu


 


A lawsuit settles before jury has opportunity to reach a decision

We first commented on this in The word “Safe” comes back to haunt outfitter and travel agent.

The Federal District Court judge announced that the parties in this lawsuit had settled the case. The trial was scheduled for four weeks and settled after two weeks. The amount of the settlement was not announced.

See Parties Settle Lawsuit In Fatal Wyo. Raft Accident.


Is there any Giardia? Recent review of history suggests No!

But without Giardia how do we sell water filters?

Erik Schlimmer in an article titled Giardia Myth-Buster: How Hearsay and Anecdotal Evidence has Created a False Industry Standard written for the Wilderness Education Association
Journal of the Wilderness Education Association
says Giardia is more hype and marketing than reality.

I thought this was interesting, even thought the research does not meet hard scientific standards, for two reasons. I still work as a whitewater raft guide and consequently swallow a lot of river water unfiltered. Not intentionally, but it happens. I’ve talked to other river guides about this and we all agree we don’t get sick. Now there is an exception in the Grand Canyon for norovirus, however the statistics show that guides don’t get norovirus either.

I was recently told by a friend, a physician, that he had attended a conference where one speaker said there was no giardia in the US and it all stemmed from one misdiagnosis many years ago.

Finally several studies have shown that nobody filters water correctly. In fact most studies show that either the way the equipment is stored or handled there is almost 100% cross contamination. One study showed that most people would be better off leaving the filter at home, washing their hands more and doing a better job of preparing and cleaning up after cooking.

But you say we see signs all the time that require us or tell us to filter our water. Most NPS and USFS information requires it and filtering is mandatory for commercial outfitters. But as the article states, liability and/or marketing are driving those signs and warnings more than hard science.

Why do I love this article? Because it is another story about us running around in the wilderness spouting what we think we know when we obviously don’t know.

I urge you to read this article. It is well written, humorous and tackles 99% of the giardia myths. More importantly it shows what we need to do to understand what is going on in our world. We need to quit guessing at what will make us safe and keep us out of court and look at what really works and does not work. Exam what we do based on science rather than guessing or beer. (Seriously I’ve seen enough risk management ideas that I swear were conceived over more beer than intelligence!)

Thanks Erik!


Civic Tourism III Conference – To Be Held August 11 – 14, 2010 – in Fort Collins, Colorado

(Based on the Civic Tourism Conferences held in Prescott AZ in March 2006, and the Blackstone River Valley, Rhode Island, 2008)

Civic Tourism’s mission is to “reframe” tourism’s purpose from an economic goal to a tool that can help the public enhance what they love about their place. It provides a forum for citizens to decide if, how, and for what purpose the ingredients of place (cultural, built, &

natural) can be integrated to create a dynamic, distinctive, and prosperous community. Ideally, Civic Tourism involves all stakeholders to build strong partnerships between corporations, family-owned businesses, natural and cultural heritage resource sites and events, parks and recreation, and tourism attractions-everyone should have a voice and a place at the table. And at the Civic Tourism III conference, everyone will.

Full agenda available at: http://www.interpnet.com/civic/schedule.shtml

Civic Tourism III Conference

CALL FOR PAPERS

The Civic Tourism Conference is aimed at fostering dialogue among important stakeholders and practitioners of Civic Tourism Development.

This includes academics, government officials and other public sector employees at the national, state and local level, tourism industry leaders in the private sector and non-government organizations. Toward this goal we are inviting the participants of the conference to present relevant academic papers as a 20 minute presentation.

Academic areas of interest are:

1.    Sustainable tourism development and civic tourism

2.    Economics of civic tourism

3.    Program and project management in civic tourism

4.    Marketing and media in tourism

5.    Sociology of civic tourism

6.    Heritage development and civic tourism

7.    The Experience Industry and civic tourism

8.    Civic tourism in practice

9.    Educational opportunities afforded via civic tourism

10.    Geotourism and civic tourism

Submission of Abstracts

Abstracts of 200 to 350 words should be sent through the “Call for Papers” link listed above and below. All abstracts must be received by January 15, 2010. The peer review committee will review all abstracts by February 15, 2010, and authors of accepted abstracts will be notified thereafter. At least one author of each paper must attend the conference to present it. Please forward to interested academic institutions you may associate with.

In Fort Collins, where renewal is a way of life, you’ll find award-winning schools, a globally focused university, thriving arts scene, eclectic shops and restaurants, hundreds of miles of walking and biking paths, and a plethora of outdoor activities. The Civic Tourism III conference gives you the opportunity to experience Fort Collins, northern Colorado, and Wyoming like never before.

http://www.interpnet.com/civic/schedule.shtml

Diane B. Gaede, Ph.D.

Associate Professor of Recreation and Tourism University of Northern Colorado Gunter Hall 1250 Greeley, CO 80639

(970) 351-2688


Who should use a Release? Its November Review your Release for Free Month

Because its November’s Review your release for free month I’m posting articles on Wednesday about Releases and why you should use them.

Anyone who offers activities to the public, where there are numerous risks outside of the control of the operator should use a release.

  • Outfitters: business who offer outdoor trips to the public. Whether a hike down a trail to look at wildlife or to the top of Mt Everest to add to your resume.

Anyone who is offering products to the public which the public may not understand or may not be able to comprehend

  • Demo’s: Whether a rep, retailer or manufacturer you want your products to be tested and tried. New products may require new skills or new ideas that your guests are not use too.
  • Rental Programs: People rent when they want to have fun, want to try, or are interested in having a good time. All of these are done by people who may not have experience with the specific product you are renting.

Anyone who may be involved in a lawsuit do to the actions of someone you can’t control should use a release

  • Retailers: a manufacture has sold you a new product. You have agreed to be the guinea pig on whether it works or sells. You should not be a guinea pig on the first lawsuit
  • Manufactures: Promises made by sales come back to haunt risk management. If you are manufacturing a product that can be sold incorrectly, you don’t need to learn about it in a summons and complaint

Anyone placing products in the stream of commerce before they are finalized

  • Testing: You have hired

Anyone who is offering products for a discount

  • Season tickets at resorts or ski areas: you need to recoup your lowered cost by decreasing your insurance and claims costs.

Anyone takes students out of their normal environment to educate them.

  • College & University programs: the student does not sue his or her parent or insurance company may. Learning may incorporate more that what you teach in the classroom, it may incorporate the courtroom.

Anyone who hires professional athletes to be a promoter of the product

  • Sponsor: You want your product seen by everyone so you pay or provide the product to people to show it off. Showing off usually means bigger, higher, faster or deeper which all can lead to litigation.

Anyone who is taking people outside of their normal environment

  • Inner city youth to the country
  • Farm kids to large east coast cities
  • Anyone taking anyone around animals

Anyone dealing with youth whose parents are not around and consider you a nice alternative to paid babysitters.

  • Parents who drop their kids off, don’t know who you are, don’t understand what you are doing, and will never understand why their child was hurt.

If you are worried about being sued and you are located in a state where releases are upheld, you are offering a recreational service or opportunities to the public you might try using a release.

November Free Review Your Release Opportunity

In an opportunity to help generate ideas and interest in this blog and the Outdoor Recreation and Fitness Law Review I am going to make everyone an offer you can’t refuse. During the month of November I am going to review your releases or acknowledgment of risk forms for free.

Stay tuned I’ll come up with the requirements and how the program is going to work, but it will be no cost to you (and hopefully no major headaches for me!)

Pass this on, repost for your friends on Facebook and Re-tweet or just email it to your friends.


Judge refuses to dismiss lawsuit against Dartmouth College over a fatality of a student at the college’s ski hill.

Get a Good Attorney to Write your Release or Don’t Waste the Paper!

The suit was filed in Federal District Court in new hampshire. The college filed a motion for summary judgment based on the equipment rental liability release signed by the deceased. The judge ruled the release did not “specifically identify Dartmouth or inform a renter that he or she is relieving Dartmouth of liability.”

Another situation where your release needs to be written properly by an attorney familiar with your activity and your case law or state law.

See Judge Denies Dartmouth Request In Ski Death Case


Safety Program Coordinator: The School for Field Studies

Job Description: Safety Program Coordinator: The School for Field Studies

The School for Field Studies is a third party provider of education abroad experiences for undergraduate college students. We conduct education and research focusing on issues of sustainable development at our Centers and programs in Australia, Bhutan, Costa Rica, Kenya, Mexico, Tanzania and Turks & Caicos.

This position is for someone who is looking for a new career in international risk management. Role requires extensive travel and flexibility and a willingness to engage deeply in learning.

Duties to include:

  • Oversight of all student medical and psychological screening
  • Creation of an SFS Student Screening Manual
  • Serving as primary liaison to all Student Affairs Managers
  • Oversight of Center Safety Audit schedule
  • Share in Safety Review Process
  • Participate in 24/7 on call duties
  • Updating of all Emergency Response Plan contact info
  • Oversight of Incident Report system
  • Oversight of Evacuation and Repatriation Insurance
  • Serving in any of a variety of roles in an emergency
  • Gradual involvement in development and delivery of Risk Management Education
  • Researching risk management topics and developing curriculum

Requirements

  • BA/BS in relevant field
  • Significant international experience
  • Risk management experience (humanitarian NGOs/Adventure education, etc)
  • Technology competent

Preferred Attributes

  • MA/MS in relevant field
  • Spanish language
  • Sea Kayaking instructor certification
  • SCUBA experience
  • Wilderness Emergency Medicine background

Compensation

• Baseline salary – mid to high 30’s

• Competitive benefits

To Apply

Send resume and cover letter to Bill Frederick – bfrederick@fieldstudies.org

Position to be filled by January 1


Free Review of Your Release or Acknowledgment of Risk forms

November only!

In an opportunity to help generate ideas and interest in this blog and the Outdoor Recreation and Fitness Law Review I am going to make everyone an offer you can’t refuse. During the month of November I am going to review your releases or acknowledgment of risk documents for free. You have to complete two steps to get this offer..

  1. Take the Survey and answer the questions and provide the necessary contract information.
  2. Send me a PDF or a Word document of your release or acknowledgement of risk form to me.
In return I’ll send you a review of your release. No Charge. I’ll let you know the problems you have or changes you need to make in your release or acknowledgment or risk form.

Why? I need more information about what you are looking for in an attorney, what you want from the blog, what worries you about the legal and risk management aspects of your program and subscribers to the Outdoor Recreation Law Review. I want to learn more about you. The questionnaire is going to help provide some of those answers.

Let Everyone You Know, Know about this.

Pass this information along on Facebook, Twitter and Email your friends and associates.

Rules:

  1. I’m only licensed in the state of Colorado
  2. This will be a review. I will identify the issues I’ve found in your release or acknowledgement of release form only.
  3. You must complete all questions on the quiz and provide complete and correct information.
  4. It can only be a PDF or a Word (doc, docx).
  5. The release is for use by human powered outdoor recreation programs or adventure travel programs.
  6. I reserve the right to cancel at any time or reject a program or release
  7. It may take several weeks to review your document; there is no time limit on my end.
  8. I reserve the right to change the rules, modify the rules, cancel the idea, or do anything else I want.
  9. There is no value in doing this.
  10. I’m not responsible for what you do with the information.

The information collected will not be used, distributed or given to anyone else. The contact information will be kept separate and not identified with the survey answers.

By taking the survey you are giving me permission to contact you by email.


Thanks for your time!
If the link does not work email me at recreation.law@gmail.com and I will email you the survey.

I was quoted in Outside Magazine, November 2009 Page 80

I was quoted in the November 2009 issue of Outside Magazine on page 80. I was interviewed over the issues in the new hampshire laws on charging for search and rescue costs.

I came off “sounding” pretty good!



For more information on the issue with new hampshire charging for SAR see: USA Today Updates Issues with New Hampshire Law Billing For SAR’s, Update: Give me a break! Teen charged $25K for a rescue he did not need, and Give me a break! Teen charged $25K for a rescue he did not need.


Dex works

Dexamathasone or Dex as it is commonly known has been shown to improve exercise capacity at high altitude. Dex has been shown to prevent HAPE (high altitude pulmonary edema) and AMS (acute mountain sickness). Now it has been shown to improve oxygen uptake and decreased the anaerobic threshold.

The study was reported in the American Journal of Respiratory and Critical Care Medicine.

See Dex Improves High Altitude Exercise Capacity and Taking Dex Can Improve High Altitude Exercise Capacity In Certain Climbers, Study Finds.