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Avoiding a Lawsuit: Deal with your guest’s problems, don’t pass the buck to someone who can only create a lawsuit.

As you prepare for the upcoming season, checking each piece of equipment and training staff, your personal pre-season checklist needs to be updated: how will you handle an emergency? Each member of your staff must be prepared, trained in First Aid and CPR and know how to respond to a crisis. But are you prepared for the responsibilities of making sure an injured guest will not sue you?

As you prepare for the upcoming season, checking each piece of equipment and training your staff, your personal pre-season checklist needs to be updated: how will you handle an emergency? Each member of your staff must be prepared, trained in First Aid and CPR and know how to respond to a crisis. But are you prepared for the responsibilities of making sure an injured guest will not sue you? This article will probably be the exact opposite of how you have approached problems in the past. I suggest, however, that you read and think, and then call your insurance agent.

Most times, we, the soon-to-be-defendant, place the idea of a lawsuit in the mind of an injured party. I was once involved in a lawsuit that started when the defendant called the plaintiff and offered to settle the lawsuit. The plaintiff hadn’t started a lawsuit, but like everyone today, had threatened to get an attorney. Because the defendant believed he had a lawsuit, the plaintiff called an attorney, and a lawsuit was started. Too often, we have been trained by our auto insurance cards to say nothing, get names and addressees, and tell the injured parties that our insurance companies or adjusters will call. Try this test. Get your staff together and ask them to say the first word that comes to mind after you say adjuster, settlement, claim, or insurance company. Eventually, the words remind them of money. We have, by following the advice of our insurance carriers, put the idea of money into the minds of injured parties.

By immediately bringing in third parties to handle problems, we remove the caring attitude on which the outdoor industry was founded and bring in strangers to handle a problem. Our care for the environment and its relationship with human’s dissolves when a human is injured by or in the environment. The majority of people that sue over an injury do not want money; they want their problems taken care of. Think about the last car accident you were involved in. Did you want a check or did you want your car fixed? If the inconvenience you encounter is eliminated, and you are returned to your situation prior to the accident, you won’t worry about the accident or getting money. Our first goal should be to place people in the position they were in before they were injured, not with money, but with the ability to get along, get well, and get back to the program.

How often do we shun an injured guest? Don’t shun them, get them back. Fulfill your commitment to provide them with the adventure and the relationship your course or brochure promised. This effort to bring back an injured participant will bring additional rewards.

When a guest is injured on a trip, he/she is dealing with an instructor and organization that he/she knows and trusts. The guests won’t worry about money. Put yourself in an injured party’s place. Who would you rather deal with, the guide and company with whom you have spent four days and have gotten to know and trust, or an adjuster that you don’t know? How would you feel if the people with whom you have just spent time building trust disappear? Don’t disappear.

Try this. When someone gets hurt, call your insurance agent, notify your attorney, and go to the hospital to tell them you are sorry that their vacation was ruined. Ask them if there is anything they need. Help them arrange special transportation home. Help them get back into the program or catch up with the trip. Give them a rain check, ask them to come back and use it, send them flowers, and help them get well. Double check their insurance form with the information from their medical release form (Outdoor Network, Winter 1990, Volume 1, Issue 8), make sure the deductible is covered under your liability med-pay, and help them recover. Why should they sue you? You are now a friend helping them, not someone who disappeared when the injury occurred to be replaced by a clipboard-carrying adjuster.

When you get mad at a friend, what do you feel? Anger. When you get mad at someone, you don’t know, you get an attorney. Prevent the lawsuit from arising by making an injured guest comfortable, make them like you, keep the adjuster who only talks money out of the equation. Insurance companies can only pay; they can’t eliminate the emotional problems. You can.

Too often, we are afraid of saying anything, for fear that it will come back and haunt us in a courtroom. That fear alienates us from someone we just spent days trying to get to know. We have to know our guests to help them get the most from the experience, and yet we run for cover when they get injured. A rafting company had an attorney that was injured on a rafting trip. The attorney was air-lifted out of the canyon and taken to the hospital. the staff visit her and made her hospital stay more comfortable. For the price of some flowers, and the time it cost to stop by and say hello before and after work, they made a friend. The attorney walked back into the canyon after she got well and rejoined the trip. She never sued.

The rafting company took a potentially devastating incident and turned it into a minor incident. Also, it was probably great advertising: “The trip was rough and exciting. I was injured, and the staff was super. I even hiked back in order to rejoin the trip.”

Clearing this with your insurance company will be the biggest hurdle. Walking into a hospital room and showing someone, you care will remind you of the first time you strapped on a climbing harness. Some of my clients and I have developed a program with the insurance companies that makes them less concerned. After an accident occurs, the insured, the insurance company, and I get on the phone and plan a procedure for helping the insured. Coverage is reviewed, and limits are set on the amount of money to be spent in covering the insured’s expenses and my fees. The insurance company is not left in the dark, and the insured knows that we are only a phone call away to answer questions and provide support. Call your insurance agent and find out how they feel about a program like this.

Next time one of your guests is injured, think about how they feel. They are probably a long way from home, alone, in a strange hospital. How much better would you feel if someone stopped by once in a while and asked about you? How more secure would you be if you knew you could call someone and ask them to pick up another book for you on their way home from work? How mad could you get if they sympathized with your injury, wanted you to get well, and wanted you to come back and see them again?

What do you think? Leave a comment.

Copyright 2018 Recreation Law (720) 334 8529

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Author: Outdoor Recreation Insurance, Risk Management and Law

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Email: Rec-law@recreation-law.com

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

#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, #RecreationLaw, #OutdoorLaw, #OutdoorRecreationLaw, #SkiLaw,


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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

 


Crisis Communication

What do you do when someone gets hurt?

image

http://www.slideshare.net/JHMoss/crisis-communication-57527422

Audience:                 Colorado Bicycle Event Coalition

Location:                  REI Downtown, Denver, COlorado

Date:                        January 21, 2016

Presentation:            Crisis Communication

For additional articles on the subject see:

10 Signs of Great Risk Management                                        http://rec-law.us/sUzpHT

7 Mistakes Made by People who are called Defendant         http://rec-law.us/stli09

Crisis Response                                                                           http://rec-law.us/ul6Nrl

Reasons Why People Sue                                                         http://rec-law.us/uZ5RKR

Ten Commandments of Dealing with People in a Crisis      http://rec-law.us/KoI8Xo

Remember the law changes constantly, this presentation may be out of date. Check back at www.recreation-law.com and with your attorney to make sure the information is still valid.

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

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/” />

 

 

#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, Crisis Communication, Crisis, Guests, Injured Guest, Lawsuit Prevention, Cycling, Bicycling, Cycling Event, Colorado Bicycle Event Coalition,

 


Family of slain girl would waive damages to learn more about what happened

Lawsuits are not money a lot of the time; they are about emotions, finding out why.

This is outside the area of Outdoor Recreation; however it has value to all of us. The family of a girl killed by a gunman in school has offered to waive damages if they can learn more about what happened.

It is a scary, chilling terrible story, but what is important is why this offer. They just want to know why and to try and make sure it does not happen again.

See Father of Claire Davis to district: Provide information, avoid lawsuit

More articles about this issue:

It’s Not Money                                                    http://rec-law.us/zxmmqy

Why do people sue? Not for the money.                 http://rec-law.us/A0866T

Serious Disconnect: Why people sue.                      http://rec-law.us/wm2cBn

Her life is permanently changed, but she really wants an apology       http://rec-law.us/yHjVn0

Money is important in some lawsuits, but the emotions that starts a lawsuit. http://rec-law.us/xbSs4M

A Church wants to apologize and the insurance company for the church panics. What else would you expect a church to do?                          http://rec-law.us/zI0FUI

Great article on why some corporate apologies fall short and they are not sincere                                                        http://rec-law.us/xb1uVb

Keep customers and turn possible plaintiffs into PR teams for you       http://rec-law.us/12maA6Q

What do you think? Leave a comment.

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

Copyright 2015 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

#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, Lawsuit, Why People Sue, Litigation,


Customer Service means the Buck Stops where the customer is, not where the boss is

Teach and empower your staff to deal with problems immediately rather than passing the problem to someone else.

This article is great. The title is 5 Words That Customers Absolutely Hate. Those five words are “That is not my responsibility.” Customers don’t know that your uniform does not cover that area of responsibility. Ski areas are a classic example of sending customers to someone else to solve a problem.

Everyone at a ski resort wears a uniform. However, the only thing that guests know is one uniform has a white cross on their back, and that is the best one. Every other uniform means something to the ski area staff, but nothing to the guests. Guests only know that you have a uniform or name tag, and that should be enough.

On top of that, why take a problem and intensify it. A customer has a problem. Instead of using a radio at a ski area or a phone, you send the customer to someone else.

Do Something

Train your entire staff to deal with all the customer problems. Sending a customer to someone else just magnifies the problem, it does not solve it. It increases the staff time spent on the problem; it does not save time. It makes customers mad; it does not solve problems.

See 5 Words That Customers Absolutely Hate

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/” />

 

 

#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, Customer Service, Customer, Guest, That is not my responsibility,

WordPress Tags: Customer,Service,Buck,Stops,Teach,article,Words,Customers,Hate,area,areas,example,resort,guests,Instead,radio,Train,Leave,Twitter,LinkedIn,Recreation,Edit,Email,Google,RecreationLaw,Facebook,Page,Outdoor,Adventure,Travel,Blog,Mobile,Site,James,Moss,Authorrank,author,AdventureTourism,AdventureTravelLaw,AdventureTravelLawyer,AttorneyatLaw,BicyclingLaw,Camps,ChallengeCourse,ChallengeCourseLaw,ChallengeCourseLawyer,CyclingLaw,FitnessLaw,FitnessLawyer,HumanPoweredRecreation,JamesHMoss,JimMoss,Negligence,OutdoorLaw,OutdoorRecreationLaw,OutsideLaw,OutsideLawyer,RecLaw,RecLawBlog,LawBlog,RecLawyer,RecreationalLawyer,RecreationLawBlog,RecreationLawcom,Lawcom,RiskManagement,RockClimbingLawyer,RopesCourse,RopesCourseLawyer,SkiAreas,SkiLaw,SummerCamp,Tourism,TravelLaw,YouthCamps,ZipLineLawyer,Guest


Customer Service means the Buck Stops where the customer is, not where the boss is

Teach and empower your staff to deal with problems immediately rather than passing the problem to someone else.

This article is great. The title is 5 Words That Customers Absolutely Hate. Those five words are “That is not my responsibility.” Customers don’t know that your uniform does not cover that area of responsibility. Ski areas are a classic example of sending customers to someone else to solve a problem.

Everyone at a ski resort wears a uniform. However, the only thing that guests know is one uniform has a white cross on their back, and that is the best one. Every other uniform means something to the ski area staff, but nothing to the guests. Guests only know that you have a uniform or name tag, and that should be enough.

On top of that, why take a problem and intensify it. A customer has a problem. Instead of using a radio at a ski area or a phone, you send the customer to someone else.

Do Something

Train your entire staff to deal with all the customer problems. Sending a customer to someone else just magnifies the problem, it does not solve it. It increases the staff time spent on the problem; it does not save time. It makes customers mad; it does not solve problems.

See 5 Words That Customers Absolutely Hate

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/” />

 

 

#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, Customer Service, CustomerService, #CustomerService, #GuestService, Guest Service, Ski Area, #SkiArea, #Uniform,

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Risk Management is Customer Service

Loveland Ski Area 2013

PowerPoint Presentation given to the Loveland Ski Area Management Team in preparation for the 2013-2014 ski season.

Risk Management is Customer Service

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/” />

 

 

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