Montreat College Virtuoso Series 2 Day Outdoor Recreation Management, Insurance & Law Program
Posted: February 12, 2017 Filed under: Assumption of the Risk, Avalanche, Challenge or Ropes Course, Climbing, Climbing Wall, Cycling, Medical, Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Racing, Risk Management, Rock Climbing, Scuba Diving, Search and Rescue (SAR), Ski Area, Skier v. Skier, Skiing / Snow Boarding, Sports, Swimming, Whitewater Rafting, Zip Line | Tags: assumption of the risk, Certificate of Insurance, Insurance & Law, Montreat College, Outdoor Recreation Risk Management, releases, Risk Management, Risk Management Plans, Seminar, Virtuosos Series Leave a comment2 packed Days with information you can put to use immediately. Information compiled from 30 years in court and 45 years in the field.
Whatever type of Program you have, you’ll find information and answers to your risk management, insurance and legal questions.
You’ll also receive a copy of my new book Outdoor Recreation Insurance, Risk Management, and Law
Get these Questions Answered
What has changed in the law Concerning Releases? What states still allow releases and which ones do not. What changes have been made in how releases are written? How can you make sure your release is not as affected by these changes?
Everyone is excited about Certificates of Insurance. Why this excitement is not valid and why most of them don’t work. What must you do to make a certificate of insurance work for your program?
What is an assumption of risk document and why are they important. How can your website be used to prove assumption of the risk.
How should you write a risk management plan that does not end up being used against you in court?
How do you handle an accident so it does not become a claim or a lawsuit.
Put February 24 & 25th on your Calendar Now.
Course Curriculum
1. Assumption of the Risk
1.1. Still a valid defense in all states
1.2. Defense for claims by minors in all states
1.3. Proof of your guests assuming the risk is the tough part.
1.3.1. Paperwork proves what they know
1.3.1.1. Applications
1.3.1.2. Releases
1.3.1.3. Brochures
1.3.2. The best education is from your website
1.3.2.1. Words
1.3.2.2. Pictures
1.3.2.3. Videos
2. Releases
2.1. Where they work
2.1.1. Where they work for kids
2.2. Why they work
2.2.1. Contract
2.2.2. Exculpatory Clause
2.2.3. Necessary Language
2.2.4. What kills Releases
2.2.4.1. Jurisdiction & Venue
2.2.4.2. Assumption of the Risk
2.2.4.3. Negligence Per Se
2.2.4.4.
3. Risk Management Plans
3.1. Why yours won’t work
3.2. Why they come back and prove your negligence in court
3.2.1. Or at least make you look incompetent
3.3. What is needed in a risk management plan
3.3.1. How do you structure and create a plan
3.3.2. Top down writing or bottom up.
3.3.2.1. Goal is what the front line employee knows and can do
4. Dealing with an Incident
4.1. Why people sue
4.2. What you can do to control this
4.2.1. Integration of pre-trip education
4.2.2. Post Incident help
4.2.3. Post Incident communication
You can decided how your program is going to run!
Put the date on your calendar now: February 24 and 25th 2017 at Montreat College, Montreat, NC 28757
$399 for both days and the book!
For more information contact Jim Moss rec.law@recreation.law.com
To register contact John Rogers , Montreat College Team and Leadership Center Director, jrogers@montreat.edu (828) 669- 8012 ext. 2761
December 11 is International Mountain Day
Posted: December 11, 2016 Filed under: Mountaineering, Union Internationale des Association d’Alpinisme (UIAA) | Tags: UIAA Leave a commentThe UIAA. News Release.
International Mountain Day, 11 December 2016
International Mountain Day takes place on Sunday 11 December. This occasion was designated in 2003 by the United Nations General Assembly and has been observed on 11 December each and every year since. Its primary goal is to raise awareness about ‘the importance of mountains to life, to highlight the opportunities and constraints in mountain development and to build alliances that will bring positive change to mountain peoples and environments around the world.’ This year’s theme focuses on Mountain Cultures, which presents an opportune moment for us to reflect on our own culture as mountaineers in the context of current issues facing the mountain environment, the daily challenges faced by mountain people, together with the commitment of the UIAA in the field of mountain sustainability and that of its global constellation of member federations.
The UIAA, its member federations and Mountain Protection Commission have produced, and contributed to, a series of articles to mark International Mountain Day.
Coming Soon: Nepal Mountaineering Association (NMA). Report from Conference on Climate Change, Tourism and Earthquake Recovery.
Please visit our dedicated International Mountain Day page for further information
A review of International Mountain Day will feature as part of the UIAA’s December newsletter, published on Monday 19 December
The UIAA was founded in 1932 and has 92 member associations in 68 countries representing about 3 million climbers and mountaineers. The organization’s mission is to promote the growth and protection of climbing and mountaineering worldwide, advance safe and ethical mountain practices and promote responsible access, culture and environmental protection.
The organization operates through the work of its commissions which make recommendations, set policy and advocate on behalf of the climbing and mountaineering community. The UIAA is recognized by the International Olympic Committee.
UIAA OFFICE
Monbijoustrasse 61 Postfach CH-3000
Bern 23, Switzerland
Tel: +41 (0)31 370 1828
news@theuiaa.org
Summer 2016 Commercial Fatalities
Posted: December 7, 2016 Filed under: Avalanche, Climbing, Commercial Outfitter, Mountaineering, Paddlesports | Tags: avalanche, Cat Skiing, fatality, Oregon, Whitewater Rafting Leave a commentThis list is not guaranteed to be accurate. The information is found from web searches and news dispatches. Those references are part of the chart. If you have a source for information on any fatality please leave a comment or contact me. Thank you.
If this information is incorrect or incomplete please let me know. This is up to date as of December 1, 2016. Thanks.
Rafting, Mountaineering, Skiing out of bounds and other sports are probably still safer than your kitchen or bathroom. This information is not to scare you away from any activity but to help you understand the risks and to study.
Red is a probable death due to medical issues unrelated to the activity
Blue is an employee fatality
Dark blue is a death of an employee while working
|
Date |
Activity |
State |
Location |
What |
Age |
Sex |
Location 2 |
Reference |
Ref 2 |
Company |
|
3/22 |
Cat Skiing |
OR |
Mt. Bailey |
Avalanche hit tree |
|
M |
|
|
||
|
5/4 |
Whitewater Rafting |
WA |
Wenatchee River |
Raft Flipped |
53 |
M |
Dryden |
|
Orion River |
|
|
|
Whitewater Rafting |
ME |
Dead River |
Fell out |
52 |
M |
|
North Country Rivers |
||
|
5/22 |
Whitewater Rafting |
CO |
Arkansas River |
Fell out |
61 |
F |
Parkdale |
Echo Canyon River Expeditions |
||
|
6/4 |
Whitewater Rafting |
AK |
Lowe River |
Fell out |
48 |
F |
|
|
|
|
|
6/15 |
Whitewater Rafting |
CO |
Roaring Fork |
Flip |
50 |
M |
Slaughterhouse section |
Aspen Whitewater Rafting |
||
|
6/15 |
Whitewater Rafting |
AK |
Kongakut River |
Flip |
69 |
F |
|
Alaska Alpine Adventures |
||
|
6/15 |
Whitewater Rafting |
AK |
Kongakut River |
Flip |
67 |
F |
|
Alaska Alpine Adventures |
||
|
6/22 |
Sea Kayaking |
ME |
Downeast Maine |
High Seas |
63 |
M |
Corea Harbor |
|
SeaScape Kayaks |
|
|
6/22 |
Sea Kayaking |
ME |
Downeast Maine |
High Seas |
|
M |
Corea Harbor |
|
SeaScape Kayaks |
|
|
6/24/16 |
Whitewater Rafting |
CO |
Green River |
|
63 |
F |
Disaster Falls |
Adrift Adventures |
||
|
7/2/16 |
Whitewater Rafting |
CO |
Arkansas River |
Fell out |
51 |
F |
Zoom Flume |
River Runners |
||
|
7/17 |
Inflatable Kayak |
OR |
Rogue River |
Fell out & trapped unwater |
57 |
M |
Wildcat Rapid |
|
|
|
|
7/21 |
Canoe Trip |
MN |
Boundary Waters |
Lighting Strike |
39 |
F |
Basswood Lake |
BSA Northern Tier High Adventure Base |
||
|
7/21 |
Canoe Trip |
MN |
Boundary Waters |
Lighting Strike |
13 |
M |
Basswood Lake |
BSA Northern Tier High Adventure Base |
||
|
7/23 |
Mountain Climbing |
WY |
Grand Teton National Park |
Fell |
42 |
M |
Valhalla Canyon near the Black Ice Coulier |
Exum |
||
|
9/12 |
Whitewater Rafting |
AZ |
Grand Canyon NP |
Guide walked out of camp with inflatable |
34 |
M |
Pancho’s Kitchen |
|
OARS |
If you would like a PDF of this chart please click here.
Our condolences go to the families of the deceased. Our thoughts extend to the families and staff at the areas who have to deal with these tragedies.
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2016 Recreation Law (720) Edit Law
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Author: Outdoor Recreation Insurance, Risk Management and Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Fatality, Avalanche, Cat Skiing, Oregon, Whitewater Rafting,
UIAA Updates: If you are a Rock Climber or Mountaineer this Great Organization is part of your Life.
Posted: December 8, 2015 Filed under: Climbing, Mountaineering | Tags: International Climbing and Mountaineering Federation, Mountain Climbing, Mountaineering, UIAA, Union Internationale des Associations d'Alpinisme Leave a comment
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My Adirondacks: Tales from the Wild Side
Posted: November 20, 2015 Filed under: Mountaineering, New York | Tags: Adirondack Park, Adirondacks, Erik Schlimmer, Upstate, Upstate New York Leave a comment
My Adirondacks
With six million acres of lakes and mountains, the Adirondack Park of Upstate New York is a big place ripe for big adventures, and few have adventured more there than author Erik Schlimmer. Highlights of his adventures include climbing more than 500 peaks, hiking across the entire Adirondack Park, and working as a trip leader and backountry ranger. In this new book he tells us what it’s like “to be out there – oftentimes alone – with the moose and the bugs and the nothingness.”
Published by Beechwood Books, My Adirondacks: Ten Stories from Twenty Years is Schlimmer’s fourth title and his third about the Adirondacks. He calls the Adirondacks a range that he “fell in love with” when his family relocated from the Hudson Valley to Upstate New York when he was 12 years old. “Since then,” he reports, “the mountains have been a significant and consistent part of my life. I attended school among them, worked in them, explored them, and now write about them. It’s really a good life.” In My Adirondacks Schlimmer shares part of this good life, his stories ranging from his first camping trip in 1989, to hiking with an Iraq combat veteran, to eating apple pie naked in the woods.
“Hiking and writing go together well – one leads to the other” says the 42-year-old Capital Region resident, who splits his time between writing, working for the Research Foundation for SUNY, and earning his masters degree in Social Work from the University at Albany. Schlimmer has but one wish for his readers: “I hope they enjoy reading it as much as I did writing it.”
My Adirondacks is available through select retailers and the author’s website, transadk.com.
Erik Schlimmer 12 Crockett Avenue, Second Floor Troy, NY 12180 transadk@gmail.com 607.434.5942
UIAA Respoect the Mountains Campaign
Posted: October 28, 2015 Filed under: Mountaineering, Union Internationale des Association d’Alpinisme (UIAA) | Tags: International Climbing and Mountaineering Federation, Respect the Mountains, UIAA Leave a comment
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Ecuador Ministry of Tourism now has Newletter and Information alerts about Climbing & Mountaineering in Ecuador
Posted: September 2, 2015 Filed under: Mountaineering | Tags: Cotopaxi, Cotopaxi National Park, Ecuador, El Boliche National Recreation Area Leave a commentOn behalf of the Ministry of Tourism of Ecuador, we wanted to share updates about the Cotopaxi Volcano Situation.
The Ministry of Tourism calls tourists and tour operators to remain alert to guidelines and recommendations provided by the Ministry of Security Coordination.
Below I’ve shared full press release. Please let me know if you have additional questions.
Best,
Jose Gonzalez
200 Hudson Street 7th Floor
New York, NY 10013
Office 212-219-0321 | Direct 646-762-8737
jgonzalez
Newsletter: Cotopaxi Volcano Situation
Quito, (28-08-2015) Last Friday, August 14, a yellow alert was declared in the provinces of Cotopaxi, Tungurahua and Pichincha as a result of emissions of ash from the Cotopaxi volcano which occurred in the course of the last few hours prior this announcement. In this regard, President Rafael Correa, advised the public to remain calm and to keep themselves informed using the only official channel, which in this case is the Ministry of Security Coordination with its spokesperson, Minister Cesar Navas.
Similarly, President Correa declared a state of exception throughout the country due to the Cotopaxi volcano eruption process, in order allocate all necessary resources to assist immediately and efficiently to the community in case of an emergency.
According to the latest newsletter issued by the Ministry of Security Coordination, the Geophysical Institute reported that the afternoon and evening on Wednesday, August 26, through satellite photographs, gas and ash emissions were detected. The Institute also reported that so far, the atmosphere near the volcano remains clear, with the presence of light gas emissions in the vicinity of the crater. The Ministry of Security Coordination announced that the volcano is being monitored 24 hours a day, 7 days a week, with the goal of having permanent information on its activity.
In earlier days, as a preventive measure, the entrance to Cotopaxi National Park and El Boliche National Recreation Area was suspended due to the ash fall. Given this alert, the Ministry of Tourism calls tourists and tour operators to remain alert to guidelines and recommendations provided by the Ministry of Security Coordination. We will continue to inform through this channel.
The local airports are open and operating normally, including the airport in Latacunga. Also, tourism activities are normal in the rest of the country as well as National Parks, such as: Cayambe Coca, Galapagos, Llanganates, Machalilla, Podocarpus, Sangay, Sumaco, Yasuni, Yacuri and Cajas. Remember also that Ecuador offers numerous options to visit and enjoy a unique journey in the Andes, the Coastal region, the Amazon and the Galapagos Islands; four worlds, each with spectacular destinations to discover.
For adventure lovers, here are some excellent options: Ilinizas Ecological Reserves, El Angel, Antisana, Cotacachi Cayapas; Pasochoa Wildlife Refuge, Pululahua Geobotany Reserve; Puyango Petrified Forest; Cuyabeno Wildlife Reserve; Limoncocha Biological Reserve; among others.
In case to visit Quito or areas near the volcano, where ash fall is recorded, it is advisable to consider the following recommendations:
• Protect your eyes with goggles, nose and mouth with a damp cloth and mask.
• Wear clothes that cover most of your body, to prevent skin damage.
• Cover food and drinking water, to avoid contamination with ash.
• If you have animals, you should also pay attention to these recommendations.
• Insulate gaps in doors and windows, to prevent the ash from coming in.
Useful information:
Alerts warn us from danger. In a volcanic emergency, the authorities, with technical advice, declare alerts so people and entities responsible take security measures.
The yellow alert is a significant activation announcement of the threat.
After the announcement of this alert, President Rafael Correa declared a state of exception throughout the country to be alert for a possible eruption of the volcano. The measure allows allocate resources and means in order to safeguard the integrity of the people.
Due to the activation of a yellow alert, the Ministry of Security Coordination recommends:
– Review a family emergency plan, find out about evacuation routes and safe places.
– Take the basic personal and family safety measures, have your emergency kit.
– Be informed by official sources (Ministry of Security Coordination).
Do not forget that an orange alert is a warning to prepare for an impending adverse event; and a red alert refers to the attention of an emergency or disaster.
For more information visit:
#VolcánCotopaxi
