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Need a Handy Reference Guide to Understand your Insurance Policy?

This book should be on every outfitter and guide’s desk. It will answer your questions, help you sleep at night, help you answer your guests’ questions and allow you to run your business with less worry.

Table of Contents

Chapter 1    Outdoor Recreation Risk Management, Law, and Insurance: An Overview

Chapter 2    U.S. Legal System and Legal Research

Chapter 3    Risk 25

Chapter 4    Risk, Accidents, and Litigation: Why People Sue

Chapter 5    Law 57

Chapter 6    Statutes that Affect Outdoor Recreation

Chapter 7    PreInjury Contracts to Prevent Litigation: Releases

Chapter 8    Defenses to Claims

Chapter 9    Minors

Chapter 10    Skiing and Ski Areas

Chapter 11    Other Commercial Recreational Activities

Chapter 12    Water Sports, Paddlesports, and water-based activities

Chapter 13    Rental Programs

Chapter 14    Insurance

             $99.00 plus shipping

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New Book Aids Both CEOs and Students

“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry

Denver based James H. Moss, JD, an attorney who specializes in the legal issues of outdoor recreation and adventure travel companies, guides, outfitters, and manufacturers, has written a comprehensive legal guidebook titled, “Outdoor Recreation Insurance, Risk Management, and Law”. Sagamore Publishing, a well-known Illinois-based educational publisher, distributes the book.

Mr. Moss, who applied his 30 years of experience with the legal, insurance, and risk management issues of the outdoor industry, wrote the book in order to fill a void.

There was nothing out there that looked at case law and applied it to legal problems in outdoor recreation,” Moss explained. “The goal of this book is to provide sound advice based on past law and experience.”

The Reference book is sold via the Summit Magic Publishing, LLC.

While written as a college-level textbook, the guide also serves as a legal primer for executives, managers, and business owners in the field of outdoor recreation. It discusses how to tackle, prevent, and overcome legal issues in all areas of the industry.

The book is organized into 14 chapters that are easily accessed as standalone topics, or read through comprehensively. Specific topics include rental programs, statues that affect outdoor recreation, skiing and ski areas, and defenses to claims. Mr. Moss also incorporated listings of legal definitions, cases, and statutes, making the book easy for laypeople to understand.

PURCHASE

 

TABLE OF CONTENTS

Table of Cases

Introduction

Outdoor Recreation Law and Insurance: Overview

Risk

    Risk

        Perception versus Actual Risk

        Risk v. Reward

        Risk Evaluation

    Risk Management Strategies

        Humans & Risk

        Risk = Accidents

        Accidents may/may not lead to litigation

    How Do You Deal with Risk?

    How Does Acceptance of Risk Convert to Litigation?

    Negative Feelings against the Business

Risk, Accidents & Litigation

        No Real Acceptance of the Risk

        No Money to Pay Injury Bills

        No Health Insurance

        Insurance Company Subrogation

        Negative Feelings

Litigation

    Dealing with Different People

    Dealing with Victims

        Develop a Friend & Eliminate a Lawsuit

        Don’t Compound Minor Problems into Major Lawsuits

    Emergency Medical Services

    Additional Causes of Lawsuits in Outdoor Recreation

        Employees

        How Do You Handle A Victim?

        Dealing with Different People

        Dealing with Victims

Legal System in the United States

    Courts

        State Court System

        Federal Court System

        Other Court Systems

    Laws

    Statutes

    Parties to a Lawsuit

    Attorneys

    Trials

Law

    Torts

        Negligence

            Duty

            Breach of the Duty

            Injury

            Proximate Causation

            Damages

        Determination of Duty Owed

        Duty of an Outfitter

        Duty of a Guide

        Duty of Livery Owner

        Duty of Rental Agent

        Duty of Volunteer Youth Leader

        In Loco Parentis

    Intentional Torts

    Gross Negligence

    Willful & Wanton Negligence

    Intentional Negligence

    Negligence Per Se

    Strict Liability

    Attractive Nuisance

    Results of Acts That Are More than Ordinary Negligence

    Product Liability

    Contracts

        Breach of Contract

        Breach of Warranty

        Express Warranty

        Implied Warranty

            Warranty of Fitness for a Particular Purpose

            Warranty of Merchantability

            Warranty of Statute

    Detrimental Reliance

    Unjust Enrichment

    Liquor Liability

    Food Service Liability

    Damages

        Compensatory Damages

        Special Damages

        Punitive Damages

Statutory Defenses

    Skier Safety Acts

    Whitewater Guides & Outfitters

    Equine Liability Acts

 

Legal Defenses

    Assumption of Risk

        Express Assumption of Risk

        Implied Assumption of Risk

        Primary Assumption of Risk

        Secondary Assumption of Risk

    Contributory Negligence

    Assumption of Risk & Minors

    Inherent Dangers

    Assumption of Risk Documents.

        Assumption of Risk as a Defense.

        Statutory Assumption of Risk

        Express Assumption of Risk

    Contributory Negligence

    Joint and Several Liability

Release, Waivers & Contracts Not to Sue

    Why do you need them

    Exculpatory Agreements

        Releases

        Waivers

        Covenants Not to sue

    Who should be covered

    What should be included

        Negligence Clause

        Jurisdiction & Venue Clause

        Assumption of Risk

        Other Clauses

        Indemnification

            Hold Harmless Agreement

        Liquidated Damages

        Previous Experience

        Misc

            Photography release

            Video Disclaimer

            Drug and/or Alcohol clause

            Medical Transportation & Release

                HIPAA

        Problem Areas

    What the Courts do not want to see

Statute of Limitations

        Minors

        Adults

Defenses Myths

    Agreements to Participate

    Parental Consent Agreements

    Informed Consent Agreements

    Certification

    Accreditation

    Standards, Guidelines & Protocols

    License

Specific Occupational Risks

    Personal Liability of Instructors, Teachers & Educators

        College & University Issues

    Animal Operations, Packers

        Equine Activities

    Canoe Livery Operations

        Tube rentals

Downhill Skiing

Ski Rental Programs

Indoor Climbing Walls

Instructional Programs

Mountaineering

Retail Rental Programs

Rock Climbing

Tubing Hills

Whitewater Rafting

Risk Management Plan

    Introduction for Risk Management Plans

    What Is A Risk Management Plan?

    What should be in a Risk Management Plan

    Risk Management Plan Template

    Ideas on Developing a Risk Management Plan

    Preparing your Business for Unknown Disasters

    Building Fire & Evacuation

Dealing with an Emergency

 

Insurance

    Theory of Insurance

    Insurance Companies

    Deductibles

    Self-Insured Retention

    Personal v. Commercial Policies

    Types of Policies

        Automobile

            Comprehension

            Collision

            Bodily Injury

            Property Damage

            Uninsured Motorist

            Personal Injury Protection

            Non-Owned Automobile

            Hired Car

    Fire Policy

        Coverage

        Liability

        Named Peril v. All Risk

    Commercial Policies

    Underwriting

    Exclusions

    Special Endorsements

    Rescue Reimbursement

    Policy Procedures

    Coverage’s

    Agents

    Brokers

        General Agents

        Captive Agents

    Types of Policies

        Claims Made

        Occurrence

    Claims

    Federal and State Government Insurance Requirements

Bibliography

Index

The 427-page volume is sold via Summit Magic Publishing, LLC.

 


Want a Job Working on the River? USFS has 6 River Ranger Positions Open on Snake River!

Seasonal hiring started earlier this year for Forest Service seasonal workforce for Summer 2019. The Application period open day on September 10, 2018 and close at midnight EST October 10, 2018

Jackson Ranger District will be hiring up to 6 Forestry Technician “River Ranger” in Jackson, Wyoming on the Snake River ranger from GS-04 to GS-06.. The GS-06 will be serve as the crew lead.

Announcement numbers

GS-04 19‐TEMP‐R4‐FTRECRR‐4DT‐BV
GS-05 19‐TEMP‐R4‐FTRECRVR‐5DT‐BV
GS -06 19‐TEMP‐R4‐FTREC‐6DT‐BV

Please contract for addition information or question about the River Ranger Positions

David Cernicek – River Manager
307-739-5417
dcernicek

John Newman – Lead River Ranger
307-739-5538
johnnewman

Thanks,
John B. Newman

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“Supporting professionals who study, manage and protect North America’s rivers”

River Management Society ~ PO Box 5750, Takoma Park, MD USA 20913-5750 ~ +1-301-585-4677

open?upn=GJ4razR2F2b9e2-2BhTGB4XftE9mPndUqfrrTiMJcmXrtxlIQ3vqgcR0C0-2Bw9S39wAM0waKkgSc0owo8mmuaVjA8y03bVc7VMrs9YYlxirIY4WLtlYqnAwpG8ke7MPH56qskSI4dxRe1pg9g0nkrifKEGW4-2FlPF90KcV2MMe0jGu98TX7hhrCcOza3yKjTbIX47LWLwWqwcDP0KHBjrbld77e-2BkgHTAncELxyFF-2FXc2qElhUnK2tkq66GnaLfZPSm-2F6VUbWP-2FC1Nv3Kf1eKqG-2FmcLS2Ltbq4EYaKOHCylQDdxaheXZJfDIY-2Fv4s3FyQDrZ28DgMT4frM8jW8UnvntnMg-3D-3DRiver 2019.docx


Kayaking and Rafting Equipment on Sale!

10%-60% OFF select items.
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DOWN RIVER’S FALL SALE

Thurs, Sept. 6th – Sunday, Sept. 16th at Down River Equipment

Don’t wait until next season to gear-up! Winter is the

best time to get your rig dialed in for the upcoming season.

When the snow starts to melt, be River-Ready!

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Check Out these Sales!!

10%-60% off select items

(Valid in-stock items only)

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15% Off Hyside
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20% Off Sawyer
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20% Off Astral
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20% Off Cataract Oars
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Up to 60% Off Apparel
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15% Off DRE Cargo Gear
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This is just a glimpse into this Enormous Sale! Shop our Website to Checkout the Full Sale!
Shop Now
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Spend $100-Get a Raffle Ticket!

Last years Grand Prize Winners went home with a Brand New Maravia Playcat!!

Click Here for Raffle Details
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ROCKY MOUNTAIN RAFTS 15% OFF

Valid September 6th-16th. In-stock items only

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As Always, Give us a Call for any Questions!
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Down River Equipment

11937 West I-70 Frontage Road North

Wheat Ridge, CO 80033

Phone: 303.467.9489 | Fax: 303.940.8812

Email: dre

Website: www.downriverequip.com

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Down River Equipment Company | 11937 West I-70 Frontage Road North, Wheat Ridge, CO 80033
@downriverequip
#PaddlesportsLaw #RecLaw #RecreationLaw #OutdoorLaw #ORLawTextbook http://www.rec-law.us/ORLawTextbook #ORLawTextbook #OutdoorRecreationTextbook #ORRiskManagment #OutdoorRecreationRiskManagementInsurance&Law @SagamorePub
http://www.rec-law.us/ORLawTextbook
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It’s Showtime—Welcome to Paddlesports Retailer 2018!

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Proudly Presenting the Exhibitors, Buyers & Schedule for
Paddlesports Retailer 2018
(growing bigger each day)

The official tradeshow of the paddlesports industry arrives in Oklahoma City this month. Join more than 700 buyers, reps & paddlesports media already signed up & ready to go!

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Packed Show Schedule
Make time to see & do it all! View the official schedule from Demo Day to Awards Night!
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Paddling Magazine Product & Industry Awards
Submit your best products within 12 categories today. Buyers & media will be voting!
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136 Exhibitors

See the impressive list of participating vendors, their booth numbers & floor plan locations.

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Fab Demo Day Entertainment
OKC craft brewers COOP Ale Works will be ready to party at Riversport Adventure Park, along with newgrass funk band Arkansauce at 7pm, 8/27.
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To-Date Store Registrations
475 buyers have committed, with more signing up each day! Don’t delay: register for FREE.
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Take in OKC
Experience this 100-million-dollar paddling destination with your colleagues & paddling friends from around the world! Our OKC video sets the stage.

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Join Save the Colorado to Help Save the Colorado

Donations Subscribe to News
Save The Colorado
Hi Friends of the Colorado River!

HERE’S WHAT YOU NEED TO KNOW: WE ARE IN THE THICK OF THE FIGHT TO PROTECT THE COLORADO RIVER!

It may end up being one of the hottest, driest summers in Colorado River basin history as scorching temperatures are recorded from Denver all the way to Los Angeles. The river itself is under extreme stress with some of the “lowest flows in history” recorded in the Colorado River and its tributaries. But the dam builders are not slowing down, and so neither is Save The Colorado!

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We’ve had a flurry of news coverage over the last month about our fights to stop proposed new dams in Wyoming, Utah and Colorado. Further, as the Colorado River declines, the questions continue to increase about the viability of Lake Powell and Glen Canyon Dam.

First, Aspen Journalism wrote a story about our lawsuit to stop the proposed “Windy Gap Firming Project” in Colorado which would drain a new nine billion gallons of water directly out of the Colorado River every year. Titled, “Court Battle Continues Over Windy Gap Firming Project“, the story quotes me as saying, “We are just trying to inject some sanity and stop the madness,” said Gary Wockner, director of Save the Colorado, an environmental nonprofit based in Ft. Collins that supports the Colorado River and is the lead petitioner in the case. “The Colorado River is the most dammed, drained, depleted river on the planet.”

Second, Wyofile, a non-profit news agency in Wyoming, wrote two stories about our work in Wyoming to stop proposed new dams and diversions, including the “Fontenelle Dam Expansion” which would take over twenty-five billion gallons out of the Green River every year which is a tributary to the Colorado River. One story titled “As Water Shortages Loom, Wyoming Seeks Water-Bank Bill” quotes me here: “In Fort Collins, a group called Save the Colorado has vowed to fight every new diversion and impoundment in the basin. Gary Wockner, the group’s president, said all entities are in a gold rush. “Everybody’s trying to get while they can still get,” he told WyoFile.

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Another story in Wyofile about three projects in the Green River basin titled, “Conflict Looms As Wyoming Seeks More Green River Water“, quotes me here: “Gary Wockner, president of the Save the Colorado conservation group, wants no new dams or diversions in the basin. His group is watchdogging the rip-rap project and two other water-storage efforts in Wyoming — the proposed $80 million dam on the West Fork of Battle Creek and a plan to expand the Big Sandy Reservoir. “We weighed in publicly on all three,” Wockner said in a phone interview from Fort Collins, Colorado. “The Colorado River is already one of the most dammed and diverted rivers. Zero water reaches the sea.”

Third, the Boulder Weekly in Boulder, Colorado, is turning into one of the lead news agencies about the Colorado River chaos. Over the last month, they’ve run three important stories, two of which highlight Save The Colorado’s work.

One, a May 31st Boulder Weekly article titled “Draining The Bathtub: Critics claim Fontenelle project will harm Colorado River Basin” quotes me here, “The Fontenelle Dam riprap would allow them to drain the reservoir and their water rights would allow them to drain it twice per year,” says Gary Wockner, president of Save the Colorado. “We oppose them reengineering this dam so they can drain 150,000 acre-feet of water out of the Green River every year. And that’s what it would give them the opportunity to do.”

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Two, the front-page story on May 31st in the Boulder Weekly is an editorial taking direct, critical aim at the Walton Family Foundation (the WalMart heirs) and their funding of environmental groups, scientists, government agencies, and the media in the Colorado River basin. The long column is a good read for an insider’s view of what’s going on, and is titled: “The New Model For Saving The Colorado River Might Just Kill It“. Take a look at this story if you want a deep dive into some of the ‘dirty laundry’ of behind-the-scenes Colorado River motives and funding.

Three, on July 12, the Boulder Weekly printed another long front-page story titled “A Drop In The Bucket: Water Banking Pilot Program Finished, For Now” about the failed effort to save Lake Powell over the last three years. Save The Colorado is quoted heavily in the article because we’ve taken a lead voice in the fight to drain Lake Powell and tear down Glen Canyon Dam. I’m quoted here as saying, “This isn’t a temporary situation, this is ongoing and permanent,” Gary Wockner says. “They still haven’t even gotten remotely close to the root cause of the problem, which is climate change is real and every scientist indicates that it’s going to get worse and that Lake Powell is not sustainable.”

Wherever a proposal is moving forward to further dam, drain, divert, or deplete the river, Save The Colorado is in the face of the dam builders, in the media, in the courtroom, and in the state and federal agency’s eyes. We are an aggressive watchdog for the ecological health of the river — the proposed new dams and diversions must be stopped!

All of this work is made possible by your support! Thank you and stay tuned for more of the action!


Paddlesports Retailer Announces 2018 Paddlesports Industry Dinner

Paddlesports Retailer, the official North American tradeshow of the paddlesports industry, has selected the Renaissance Oklahoma City Convention Center Hotel as the venue for the 2018 Paddlesports Industry Dinner, featuring the first ever Paddling Magazine Product & Industry Awards. The inaugural event will take place Wednesday, August 29 and will honor the innovative products, important people and best practices making vital contributions to the paddlesports industry.

The Paddling Magazine Product & Industry Awards is presented by Rapid Media and will be emceed by Founder and Publisher Scott MacGregor and Director of Marketing Cristin Plaice. “Paddlesports Retailer is more than a sales event and so our Paddling Magazine Product & Industry Awards will recognize outstanding work and will applaud excellence in the innovation and design driving today’s paddlesports industry,” says MacGregor. “We are putting the very best of paddlesports on stage at the Renaissance in Oklahoma City so that we can showcase it around the world.”

The Paddlesports Industry Dinner on the final evening of Paddlesports Retailer will create the perfect gathering for the industry to honor its own. The evening is a grand celebration convening in one place near the end of the busy summer season. “The Paddlesports Industry Dinner is intended to bring together hundreds of retail buyers and manufacturer reps to exchange local knowledge and principles of best practices on a global stage,” adds Paddlesports Trade Coalition Board Member and Kokatat’s Sales Manager Jeff Turner.

Retailers as well as paddlesports and outdoor media will receive access to this year’s New Product Showcase where they can preview all new 2019 products and vote for the Paddling Magazine Product & Industry Awards. Registered retailer attendees will receive complimentary tickets for Wednesday’s dinner and awards ceremony.

The Paddlesports Industry Dinner and Paddling Magazine Product & Industry Awards provides Paddlesports Retailer an additional marquee event to complement its on water Demo Day. The 2018 Demo Day takes place in the heart of Oklahoma City’s Boathouse District, at the $45 million whitewater course and flatwater training center.

Paddlesports Retailer has already registered 30 percent more exhibitor space and three times as many retailers as the 2017 show had at the same time last year. The show is 90 percent sold out and expects to be fully booked by June 1st.