Montreat College Virtuoso Series 2 Day Risk Outdoor Recreation Management, Insurance & Law Program

2 Days packed with information you can put to use immediately. Information compiled from 30 years in court and 45 years in the field.

Day 1 February 24, 2017: Assumption of the Risk (legalese for educating your clients)

            What paperwork works to keep you out of court and what paperwork sends you to court.

Day 2 February 25, 2017:  Risk Management Plans & How to deal with an incident

You’ll also receive a copy of my new book Outdoor Recreation Insurance, Risk Management, and Law

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

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

 

Download this Press Release here: pr-1

 

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Are you a Guide? Great a Great Story to Tell?

My name is Chris Solomon, and I need your very best guide story.

Let me explain:

I’m a contributing editor at Outside magazine, based up in Seattle, and I’m also a frequent writer for the New York Times, Scientific American, Runner’s World and other rags.

Outside has asked me to tackle a large story for spring tentatively entitled, ‘The tales guides tell.’ I’ve had the good fortune to spend some time with guides over the years—both while on assignment and because I have guides who are friends. I know that they have really interesting stories to tell. Simply put, we want to capture the very best of the tales that guides tell each other over beers back at the bar, once their clients have all gone home.

To that end, I’m looking for the hilarious stories. The absurd stories. The X-rated stories. The truly surreal and/or bizarre stories. The heartbreaking tales and maybe even sometimes the tragic stories. I’m not looking for a sort-of entertaining story, I’m looking for the absolute one tale you’ve got that sticks with you above all the others.

I don’t need to tell you that guides—whether fishing- , canoe- , rafting-, mountain-, ski- guides—are the essence of outdoor culture. You are out there more than any of us, dealing not only with Mother Nature, but you’re also out there dealing with true wildlife—which is to say, other human beings.

We want to collect perhaps a dozen or more of the best stories into a large package for a spring issue; they’ll range from small (a few sentences) to large (perhaps 1,500 words), and told in guides’ own words as much as possible… so you’d have a chance to go over the story with me and make sure it sounds right to you.

This idea will only work if I find truly top-shelf anecdotes, though. So I need the VERY BEST that are out there.

And to be clear: My goal is not to embarrass others. I can grant anonymity to clients. I don’t necessarily need to mention employers. I don’t always need to mention who you are—though I do hope to have many of these stories attributed, lest readers think I invented them. In short, if you’ve got an amazing story but your worry is being identified, let’s talk. We can figure something out.

I DON’T need you to write out the whole story! Just give me a sense of what the story is, and why it is so great or compelling. And we could then talk about it over the phone and I can do all the typing/transcribing of your story! Less work for you!

OR, do you know a guide who’s got the best story you’ve ever heard? Tell me who he/she is, and tell me how to reach him. Or put the guide in touch with me: solochris

Thanks so much. Please reply to me in the next few days with maybe just a line or two about your story—and when I could call you to talk about it and jot it down in more detail.

Thanks so much. I really appreciate your help in making this a collection that will even surprise guides with how entertaining and interesting it is.

Thanks so much for your help.

Best,
Chris Solomon

Seattle

solochris

347-556-6364 cell


Want to work on the river? Enjoy rowing boats and helping the environment? There is a job for you!

Colorado Endangered Fish Recovery project

English: Patch showing the logo of the U.S. Fi...

English: Patch showing the logo of the U.S. Fish and Wildlife Service on an USFWS employee’s uniform. (Photo credit: Wikipedia)

It is hard work with long days when on the river.  It is for the Colorado Endangered Fish Recovery project and you will see some awesome canyons and learn a lot about the endangered fish.  The heart of the program is a shocking operation to check on the progress of the fish.  So you have to row the heavy boats down the edge of the river unlike normal river running.  So if you know of someone forward this to them.  If selected you have to get what is called a DUNS number and go through a complicated process to get paid as the government has changed the way it pays these salaries, but I did it, so with a little patience anyone else can do it.

Small Craft Operator (boatmen) jobs for FWS

Below is a link to the FWS boat operator announcement. We are looking at hiring these positions in Vernal and Grand Junction. The announcement will be open for about 10 days from today. Please forward to anyone you think might be interested.

Thanks,

M. Tildon Jones, U.S. Fish & Wildlife Service, Vernal, UT

435.789.0351 x14

tildon_jones@fws.gov

R6-14-1025704-D

https://www.usajobs.gov/GetJob/ViewDetails/358861200

What do you think? Leave a comment.

Image of a Humpback Chub taken by the United S...

Image of a Humpback Chub taken by the United States Fish and Wildlife Service (Photo credit: Wikipedia)

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit 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

By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

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Canadian suit would hold you liable for your ski buddy’s death. Ski buddy meaning the guy you don’t know skiing next to you.

Suit is absurd and if successful would create liability every time someone was hurt skiing. Riding the chairlift with someone might get you sued. And this is not alleged, a court is hearing this now in trial!

Sometimes you read about litigation that just knocks your socks off. This case is one of those.  A widow, with $18 million after her husband’s death (so you know she needs the money) is suing a man assigned as a “ski buddy” at a heli-ski operation in Canada.  The suit alleges the defendant was assigned to:

…was therefore obligated to stay close to him, keep him in sight, and assist or alert guides and other skiers if he observed his buddy in need of assistance.

The documents allege Coe failed to perform his duties as a “ski buddy” and therefore delayed the search and possibly a chance to rescue and revive Mark Kennedy.

The “ski buddy” was assigned by a guide for the heli-ski operation Mike Wiegele Helicopter Skiing. The deceased and the plaintiff did not know each other; it was something done by the guide.

Coe [defendant] says he was paired with Kennedy without any consultation, and that he alerted guides as soon as he noticed Kennedy was no longer with the group, shortly after Coe and the other skiers arrived at the bottom of the run.

So you are riding the lift, and someone leans over and says “let’s ski this run together,” are you their ski buddy now? What if a ski school instructor asks you to ride up with a minor in a ski school class to assist them on and off the lift? Are you liable if the minor falls getting off the lift? Is the minor liable if they cause you to fall getting off the lift?

Seriously, this is absurd and if allowed to continue will create untold amounts of liability in the ski industry and about any industry. Think about belayers when rock climbing.

Do Something or maybe be prepared to say “No.”

So you are heli-skiing or cat skiing, and the guide says OK, you two buddy up, what do you do? If this plaintiff is successful, you say no. You can either run the risk of skiing alone and dying or skiing with someone and getting sued if they die.

More importantly why ski with a guide service if their paperwork does not protect you. It would have cost Mike Wiegele Helicopter Skiing 3-5 more words on the release signed by the deceased to protect the defendant.

When you go undertake an activity where you sign a release, read it to make sure you are protected also. Normally, there is a higher standard of care between co-participants in a sport. (See Indiana adopts the higher standard of care between participants in sporting events in this Triathlon case) However, even in the US some states have allowed that to slip in skiing collision cases.

It seriously only takes a few additional words in a release to stop this litigation. If you are a guide or outfitting service make sure you are protecting your clients. You do not need to reputation of staying out of court and keeping your clients in court.

If you are in a position where an outfitter or guide can create liability for you, be prepared to make this stark and horrifying decision.

This case is in Canada. Once known for not allowing this type of crap. Let’s hope this stays up north.

See ‘Ski buddy’ sued in heli-ski death

You can read the pleadings (Complaint and Answer) here.

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2013 Recreation Law (720) Edit 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

By Recreation Law    Rec-law@recreation-law.com      James H. Moss         #Authorrank

<rel=”author” link=” https://plus.google.com/u/0/b/112453188060350225356/” />

 

 

#RecreationLaw, #Recreation-Law.com, #OutdoorLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #law, #TravelLaw, #JimMoss, #JamesHMoss, #Tourism, #AdventureTourism, #Rec-Law, #RiskManagement, #CyclingLaw, #BicyclingLaw, #FitnessLaw, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Good Samaritan, Samaritan, First Aid, Mike Wiegele Helicopter Skiing, Heli Ski, Ski Buddy, Tree Well, Heli-skiing, powder skiing, co-participant,

 

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New Zealand Government argues Mountain Guides are taking too much risk and must make mountaineering safe

A Classic argument between those who ride a desk and those who live, and sometimes die enjoying life


The New Zealand Labour Department in a report released after the death of a mountain guide on Mt. Cook in 2008, states mountain guides are resistant to eliminate or minimize risk of harm when guiding.


How do you climb a mountain (altitude, chance of falling, rock and ice fall) covered with snow (avalanches, hypothermia, slabs, cornices), and glaciers (crevasses) and eliminate the risk of doing so?


The article about the report does not state whether the report makes any suggestions on how climbing a mountain was supposed to be made safer. The article is more of a “he said she said” response to the report.


See Zero-risk approach ‘would kill outdoor guiding’

Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com


Commercial drowning on the American River in California

It is being reported that a 20 year old man died of a foot entrapment while training to be a whitewater rafting guide. The victim was in a boat on the South Fork of the American River when the boat tipped or flipped and the victim was thrown in the water. The boat had hit Gunsight (rock) in Troublemaker rapid. The victim got lodged 70 yards downriver of the accident.

For more details see Man drowns rafting American River


Well it’s happened: K2 will have its first true commercially guided climb this season

Fabrizio Zangrilli is working with Field Touring Alpine to lead a guided climb on K2 this late summer season. This is probably the first true commercial, guided climb on K2. By commercially guided I mean a guide is being paid to take clients up a mountain versus some people going for free or a trip leader making money on his group of climbers. By clients I mean people who may but probably do not have the total ability/skill/experience necessary or maybe desire to climb the mountain without a guide.

It was to be expected. Most people consider the 1984 guided climb of Dick Bass and Frank Wells as the first commercially guided trip on Everest. However commercial Everest expeditions took off after the 1996 mess. (I refuse to call a natural weather event a disaster.) Publicity good or bad does not deter either mountaineers or those with money and a desire to check a box. It has always been an unconfirmed rumor that after the 1996 Everest mess Mountain Madness added more phone lines, even though its owner and founder had died on the mountain.

This guided expedition occurs after a year where 11 people died on K2 which was reported worldwide for weeks. Publicity good or bad does not deter, just highlight.

See K2’s First Commercial Expedition