November Free Review of Your Release

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.

The Survey will be posted on the blog at here

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.

The Program does not start until November 1, 2009 when the survey will go up. Don’t send me information or your release before then.

C.A.M.P. USA Discount Benefits AAC – Two Days Only

15% OFF and 5% FOR THE AMERICAN ALPINE CLUB

On Tuesday, October 27 or Wednesday, October 28, use coupon code – AAC – to receive a 15% discount on all orders at www.camp-usa.com. Additionally, 5% of all camp-usa.com sales during this week will be donated to the AAC. A true double whammy – you save, the AAC gains. Even closeout items are included to help raise the donation bar as high as possible!

CLICK HERE to access the 2009 CAMP product catalog. Shop using the BUY NOW buttons on individual product pages. You can view your cart any time using the VIEW SHOPPING CART link at the top of the page.

The American Alpine Club provides knowledge and inspiration, conservation and advocacy, and logistical support to the climbing community. Learn more at: www.americanalpineclub.org.

USDA Forest Service has published its new Outfitting and Guide Administrative Guidebook

The Forest Service has published its latest version of its Outfitting and Guide Administrative Guidebook. The Guidebook can be found at: Outfitting and Guide Administrative Guidebook.

All permitees or people wishing to conduct commercial activities on USDA Forest Service land should know and understand this book.

Remember, the US Forest Service considers all college and university programs to be commercial outfitters requiring a permit!

The Chapter Headings are:

• Chapter One, Introduction    3 pages RTF
• Chapter Two, Definitions     1 page RTF
• Chapter Three, The Analysis Process    10 pages RTF
• Chapter Four, Application and Authorization Process    20 pages RTF
• Chapter Five, Permit Administration    12 pages RTF
• Chapter Six, Accountability Procedures    18 pages RTF
• Index    1 page RTF
• Appendix Index    1 page RTF
• Needs Assessments    8 pages RTF
• Approaches for Allocation    6 pages RTF
• Capacity Calculation using Limits of Acceptable Change    2 pages RTF
• State Outfitter Guide Associations    2 pages RTF
• State Regulatory Agencies    2 pages RTF
• Sample Solicitation Letter to Prospective Outfitter    3 pages RTF
• Assurance Clause FS-1700-1    2 pages RTF
• Special Use Applications – FS 2700-3 and FS 2700-3a    8 pages RTF
• Checklist for Issuance of Outfitter Guide Permit – 3 Examples    6 pages RTF
• Sample Format for Recording Required Documents    2 pages RTF
• Assigned Site Sign    4 pages RTF
• Sample Camp Layout    2 pages RTF
• Sample Annual Itinerary    2 pages RTF
• Sample Grazing Use and Fees    2 pages RTF
• Sample Operating Plan Contents    4 pages RTF
• Outfitter Guide Performance Evaluation    4 pages RTF
• Performance Bond    4 pages RTF
• Sample Letters    10 pages RTF
• Actual Use Report    4 pages RTF
• WO Letter of March 11, 1996, Assigns Minimum Fees    2 pages RTF
• Sample Flat Fee Rate Calculation    8 pages RTF
• Estimated Fee Determination Sheet    2 pages RTF
• Fee Calculation Examples    40 pages RTF
• Service Day Fees and Priority Use Review Chart    3 pages RTF
• Sample Pre-Trip Information Letter    2 pages RTF
• Contributors    2 pages RTF

CALL FOR ABSTRACTS: 2nd Annual Outdoor Leadership Research Symposium (OLRS) (WEA)

CALL FOR ABSTRACTS

for the

2^nd Annual Outdoor Leadership Research Symposium (OLRS)

at the

2010 National Conference on Outdoor Leadership

Estes Park, Colorado

February 17-20, 2010

Submissions to the 2^nd annual Outdoor Leadership Research Symposium (OLRS) are now being accepted. OLRS is intended to provide a forum for practitioners and scholars to share recent and on-going research related to outdoor leadership. The symposium is being held in conjunction with the National Conference on Outdoor Leadership, sponsored annually by the Wilderness Education Association (WEA). The goal of this symposium is to help promote the development of evidence-based practice in the field of outdoor leadership. Submissions will be blind peer-reviewed and judged according to their relevance to the field of outdoor leadership as well as the basic quality of the research conducted. Presenters will have 15 minutes to present their research, followed by five minutes of questions. Accepted abstracts will be published in a special issue of the Journal of Outdoor Recreation, Education, and Leadership (JOREL). (For more information on JOREL please see www.ejorel.com)

Eligibility of proposals:

1. Only studies that have not been previously published or presented should be submitted.
   
2. Only studies that are completed or near completion should be submitted. A full report of findings and conclusions are expected at the presentation and in the published abstract.
   
3. Authors of accepted proposals must register for the conference by the early registration deadline. Any presenter who fails to do so will be dropped from the research symposium. Please do not submit an abstract unless you are committed to attending the symposium.
   
4. Abstracts must be submitted no later than November 1, 2009. Authors will be notified by December 15, 2009 regarding the status of their submissions. Authors must submit revised abstracts by January 15, 2010 for inclusion in a book of abstracts to be distributed at the symposium.
   

Submission guidelines:

1. Abstracts should be no more than two pages in length, using Times New Roman 12 point font, one inch margins (top, bottom, and sides), and single spacing.
   
2. Abstracts should follow standard formatting for journal articles: Background (which includes the introduction, review of literature, and statement of hypotheses/research questions), Methods (which includes a description of site, sample, instrument, procedures, and analysis), Results, Discussion, and References (which may be listed on a third page). Conceptual articles may use alternative headings.
   
3. Abstracts should be written and formatted according to the guidelines of the APA Publication Manual (5^th Edition).
   
4. A cover page should be included providing the following information: abstract title, names and affiliations of all authors, and contact information (including phone, fax, and email) of the principal author.
   
5. Documents should be saved in Microsoft Word format.
   
6. Abstracts that do not adhere to these guidelines may be rejected without further review.
   
7. Abstracts should be submitted to Bruce Martin at martinc2@ohio.edu by November 1, 2009. “2010 OLRS Abstract” should be written in the subject heading.
   

Questions regarding the Outdoor Leadership Research Symposium should be addressed to the symposium co-chairs: Bruce Martin at martinc2@ohio.edu or 740-593-4647; or, Marni Goldenberg at mgoldenb@calpoly.edu or 805-756-7627.

Assistant Acquisition/Development Editor, Outdoor Recreation

Assistant Acquisition/Development Editor, Outdoor Recreation

Oct. 07, 2009 – Dec. 07, 2009
Location: Guilford, CT

Employment Type: Full Time

Department: Editorial

Description: The Assistant Acquisition Editor for Outdoor Recreation helps manage a number of books within several different outdoor recreation series and in various stages of development; supports the Outdoor Recreation Department with a variety of responsibilities related to the book publishing process; and works closely with the Senior Editor in matters pertaining to author management and style of work.

Duties: Assists in acquiring writers for new titles and revisions.
• Manages authors/writers/revisers of assigned titles and works directly with them to ensure company standards are met and that manuscripts and maps conform to series and production guidelines.
• Evaluates manuscripts and maps for comprehensiveness, balance, accuracy, timeliness, and readability.
• Formats and styles manuscripts.
• Line edits and rewrites copy as necessary.
• Resolves book-related queries.
• Assists with managing/updating Falcon.com website as required.
• Conducts photo research and ensures all photo rights are secured.
• Researches outdoor recreation trends, news and developments.
• Reviews page proofs as necessary.
• Enters information into the title management software system.
• Fills out all paperwork as necessary.
• Assists in preparation of marketing and sales material related to assigned titles as necessary
• Attends meetings as necessary to facilitate book process.
• Helps keep books on schedule.

Qualifications: Strong editing, rewriting, and map-proofing skills.
• Expertise in Microsoft Office including Excel and track changes in Word.
• Ability to work on multiple projects under tight deadlines.
• Excellent communication skills.
• Superb organizational skills.
• Strong interest in the outdoors and in outdoor recreation.
• Mac familiar and ability to use InCopy a plus.
• Familiarity with GPS devices and use of and ability to work with a variety of digital mapping applications including TOPO!, Garmin’s MapSource, Google Maps, ExpertGPS a plus.

Here is the original post.

If you have the skills I can personally vouch for a great group of people who work at Globe Pequot Press. They also create great books as evidenced by the number of National Outdoor Book Award winners they’ve had.

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 froms 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.

Jim

MSA Issues Stop Use Notice Redpoint ™ and Auto-Belay Descenders

Boulder, Colorado; October 15, 2009 MSA issued a stop use notice dated 10/14/2009 for certain products described below. MSA very recently became aware of two incidents where climbers using Redpoint Descenders experienced rapid rates of descent resulting in injuries. MSA’s preliminary investigation indicates an issue with the one-way bearings provided by their supplier, which may prevent the brakes from engaging during descent. Due to the nature of this condition, the users were not able to detect the problem before the rapid descents occurred.

The Stop Use Notice applies to the following descender units:

• All Redpoint Descenders (part numbers 10024873, 10027646, and 10027798) regardless of the date the unit was manufactured or last serviced,
  
• Auto-Belay Descenders (part number 10021806) manufactured or last serviced on or after June 30, 2000.
  

The part number, date of manufacture, and date of last factory service of the unit is located on the white date of manufacture label affixed to the back of the housing.

Based on these findings, MSA is advising affected users to discontinue using the Redpoint and Auto-Belay Descenders indicated above. Please forward this notice to all appropriate personnel.

MSA regrets this inconvenience; however, the company recognizes that this condition represents a potential safety concern. MSA will issue a follow-up notice shortly, after conducting further investigation into this matter. During the investigation, MSA will not be shipping any Redpoint Descenders currently on order or in for service, and will not be taking any new orders.

If you have any questions, please contact MSA Customer Service at 1-800-MSA-2222 or 412-967-3000. If you would like to view the original notice it is here.

Ohio University settles lawsuit brought by injured student

The plaintiff in a lawsuit against Ohio University has issued a press release anoucing a settlement in its suit against Ohio University. See OU to pay $500,000 to settle lawsuit with burned student.

The plaintiff’s attorney announced they settled for $500,000. They had original sought $3.2 million.

For more information on this case see: Lawsuit against university outdoor program and Update on Ohio University Lawsuit

Dr. Charlie Houston is wondering higher mountains

Dr. Charlie Houston is one of the world’s great humans, great mountaineers, great explorers and great humans. Charlie was a great guy.

It took me awhile to write this. It is very hard to describe the effect meeting Charlie had on me and I was not sure I could or should convey that.

If you want to know about him you should listen to this interview by Bill Moyer.

http://www.pbs.org/moyers/journal/archives/houston_now_flash.html

You can read his autobiography Brotherhood of the Rope by Bernadette McDonald

You need to read his books, Five Miles High and K2 Savage Mountain. They stand out for what is not in the books, acrimony, arguments and fights. What does standout is the idea that a group of people bound together by a rope were, were going to go together to the summit or back to the world.

The world is short a wonderful person with his passing.

The Fellowship of the Rope, short an anchor.

Large Payout in deaths using Coleman heater indoors

A federal jury awarded $2M in damages over the death of two hunters who died using a Coleman heater indoors. The jury found the hunters 67% liable which will reduce the award to approximately $660,000.

The hunters were using the heater along with two wood burning stoves in a cabin in the Colorado Mountains.

For information on the case see Camp-heater deaths bring jury award.

For information on other large awards and settlements in Outdoor Recreation see Payouts in Outdoor Recreation

For other articles on product liability issues: The legal relationship created between manufactures and US consumers, How not to respond to a product liability claim or How to turn a mess into a legal disaster.

For Outdoor Recreation Law Review articles on Product Liability suits see: Venue and Jurisdiction Question Answered in Snowboard Product Liability Case, Case Brief: New York upholds release for negligence claim with purchase of paraglider, Indiana ski binding case instructive on product liability law, Warning labels found to be inadequate in climbing harness that was improperly clipped in and Challenge course product liability case from injury at Boy Scout camp instructive.

UIAA adopting new ethics code and best practices for mountaineering

The UIAA has put into writing long standing ideas on mountaineering sportsmanship, environmental and culture issues. Announcement of the new code can be found at New code lays out ethics and best practices.

Comments on the code can be emailed to office@uiaa.ch.

A draft of the code is below.

Article 1 – Individual Responsibility

Maxim:

Mountaineers and climbers practice their sport in situations where there is risk of accidents and outside help may not be available. With this in mind, they pursue this activity at their own responsibility and are accountable for their own safety. The individual’s actions should not endanger those around them nor the environment.

Article 2 – Team Spirit

Maxim:

Members of the team should be prepared to make compromises in order to balance the interests and abilities of the entire group.

Article 3 – Climbing & Mountaineering Community

Maxim:

We owe every person we meet in the mountains or on the rocks an equal measure of respect. Even in isolated conditions and stressful situations, we should not forget to treat others as we want to be treated ourselves.

Article 4 – Visiting Foreign Countries

Maxim:

As guests in foreign cultures, we should always conduct ourselves politely and with restraint towards the people there – our hosts. We will respect holy mountains and other sacred places while seeking to benefit and assist local economies and people. Understanding of foreign cultures is part of a complete climbing experience.

Article 5 – Responsibilities of Mountain Guides and other Leaders

Maxim:

Professional mountain guides, other leaders and group members should each understand their respective roles and respect the freedoms and rights of other groups and individuals. In order to be prepared guides, leaders and group members should understand the demands, hazards and risks of the objective, have the necessary skills, experience and correct equipment, and check the weather and conditions.

Article 6 – Emergencies, Dying and Death

Maxim:

To be prepared for emergencies and situations involving serious accidents and death all participants in mountain sports should clearly understand the risks and hazards and the need to have appropriate skills, knowledge and equipment. All participants need to be ready to help others in the event of an emergency or accident and also be ready to face the consequences of a tragedy.

Article 7 – Access and Conservation

Maxim:

We believe that freedom of access to mountains and cliffs in a responsible manner is a fundamental right. We should always practice our activities in an environmentally sensitive way and be proactive in preserving nature. We respect access restrictions and regulations agreed by climbers with nature conservation organizations and authorities.

Article 8 – Style

Maxim:

The quality of the experience and how we solve a problem is more important than whether we solve it. We strive to leave no trace.

Article 9 – First Ascents

Maxim:

The first ascent of a route or a mountain is a creative act. It should be done in at least as good a style as the traditions of the region and show responsibility toward the local climbing community and the needs of future climbers.

Article 10 – Sponsorship, Advertising and Public Relations

Maxim:

The cooperation between sponsors and athletes must be a professional relationship that serves the best interests of mountain sports. It is the responsibility of the mountain sports community in all its aspects to educate and inform both media and public in a proactive manner.

Article 11 – Use of Supplementary Oxygen in Mountaineering

Maxim:

The use of supplementary oxygen in high altitude mountaineering has been under debate for several years. In this debate, different aspects related to the topic can be distinguished, such as medical and ethical aspects. These medical aspects should be of paramount concern to all mountaineers.

Article 12 – High Altitude Guided Commercial Expeditions

Maxim:

Commercial operators attempting 8000m or other comparable peaks which offer more limited facilities must recognize the limitations of the clients whom they guide. All efforts must be made to ensure the safety of their clients.

Payouts in Outdoor Recreation

The information here has been collected from various sources. The accuracy is not guaranteed.

CAMP, Scarpa, BCA, Teko Yardsale