CURRICULUM VITAE

JAMES H. MOSS

CURRICULUM VITAE

720 334 8529

jim@rec-law.us

http://Recreation-Law.com/

 

HIGHLIGHTS

November 1985 – Present:

Private practice specializing in business law and litigation:  Represented clients in business law, contracts, business formation, real estate, landlord/tenant, and estate planning. Experienced trial attorney, from traffic to complex commercial litigation. Clients range from individuals to large corporations, located throughout Colorado and the United States. Worked with start-up companies and represented several high-risk recreational businesses, providing them with advice and research to prevent litigation. Worked for and have developed legal defense programs for several insurance companies.

Specialization in outdoor recreation law: Represented a wide variety of outdoor industry trade associations, organizations and companies including manufacturers and universities. Developed a national reputation for outdoor recreation litigation, contracts and defense programs. Trial assets are ability to communicate and relate to the jury and to cross-examine witness.

Author: Outdoor Recreation, Insurance, Risk Management, and Law, Sagamore Publishing, Inc. 2018

PROFESSIONAL HISTORY

November 1985 – Present:

Private practice specializing in business law and litigation:  Represented clients in business law, contracts, business formation, real estate, landlord/tenant, and estate planning. Experienced trial attorney, from traffic to complex commercial litigation. Clients range from individuals to large corporations, located throughout Colorado and the United States. Worked with start-up companies and represented several high-risk recreational businesses, providing them with advice and research to prevent litigation. Worked for and have developed legal defense programs for several insurance companies.

Specialization in outdoor recreation law: Represented a wide variety of outdoor industry trade associations, organizations and companies including manufacturers and universities. Developed a national reputation for outdoor recreation litigation, contracts and defense programs. Trial assets are ability to communicate and relate to the jury and to cross-examine witness.

August 2002 – July 2012 & August 2015 – 2017

Instructor Ski Area Operations, Risk Management. Colorado Mountain College, Leadville, CO. Author SAO Risk Management on line curriculum. Colorado Mountain College, Leadville, CO. Author Ski Area Operations, Risk Management on line course (http://www.coloradomtn.edu/programs/sao/field.shtml)

February 2008 – Present

Author – www.recreation-law.com:         Author of a weekly blog on the issues in the outdoor recreation community.

February 2001 – Present

Consultant Risk Management and Disaster Planning. Work with business to identify source of lawsuits and eliminate those sources. Consult on all forms of litigation, risk management, disaster planning.

May 2004 – 2011

Editor the Outdoor Recreation & Fitness Law Review. The Law Review is an online publication informing lawyers and business of changes in the law of outdoor recreation, fitness and outdoor education. (www.snewsnet.com/lawreview)

August 2006 – December 2006

Developer the Parks Recreation and Tourism Program, University of Utah, PRT Risk Management Insurance & Law

January 2005 – August 2006

Park’s College (Everest) Adjunct Instructor in the paralegal program, teaching Contracts, Real Property, Estates, Administrative and Probate law.

1989 – 2002: Small Business Risk Management Seminars:

Conducted two- and three-day risk management seminars for outdoor recreation businesses. Seminars provide the participant with hands-on training in how to detect risks and handle problems when they occur to prevent litigation.

February 2001 – August 2002

Risk Manager, Copper Mountain Resort Claims Management, Worker’s Compensation, and Training program. Reduced General Liability Claims costs from the three-year average Ninety (90%) percent. Received thank you notes from injured guests and family members of fatalities. Eliminated all lawsuits by injured guests. Converted Risk Management into a customer service department. Empowered Ski Patrol and Guest Service employees to solve problems to reduce claims. Reduced Worker’s Compensation costs by 67% and reduced claims by 20%. Wrote the weekly newsletter for Intrawest (Parent Corporation) for risk management personnel.

1999 – 2001: Publisher, Outdoor Recreation Newsletter:  Created and publish a monthly electronic newsletter exploring various aspects of risk management, liability, and legal issues affecting the outdoor recreation, travel and hospitality industry.

1984 — 1985: Attorney, Nationwide Financial Services, Mutual Fund Co. Developed and managed the training 3,000 agents in securities, tax law, and sales. Developed a multi-media training program explaining IRS and SEC regulations on the sale of securities. This three-day seminar was culminated a two-year series of training programs tying the entire program together. Developed marketing and advertising plans for agent promotions. Coordinated sales, marketing, and legal functions with other departments within the company. Also coordinated mutual fund programs with other companies within Nationwide.

1983-1984:  Attorney, Nationwide Life Insurance Co. Wrote pension plans and trained agents and stockbrokers in pension law. Provided in-house and on-site sales support for mutual funds, tax-sheltered annuities, life insurance products, and other financial instruments. Assisted in the development of “BEST of AMERICA,” the first tax sheltered annuity to wrap public mutual funds. Trained the brokerage community in the sales of tax-sheltered annuities of Nationwide Life Insurance Company.

1983-1985:  Rock climbing instructor and Money Management Instructor, Ohio State University Creative Arts Program. Taught 2,000 students rock climbing skills. Courses ranged from a 10-week experience, to a one-day program for youth groups. Developed a new teaching technique for rock climbing teaching 25 students to climb at one time.

The Money Management program was directed at professional students entering the work force for the first time. The class concentrated on investments, but started with checking accounts and ended with retirement.

1980- 1982: Law Clerk, Sebastian and Marsh, commercial litigation firm.

Mediator, Columbus City Attorney’s office, night prosecutor’s program. Mediated disputes between citizens of Columbus, OH. The program was instituted to relieve the courts and police of handling domestic and non-arrest incidents and to provide a forum of civilian disputes.

1978 – 1980: Nationwide Insurance – Self-employed multi-line insurance agent. Held SEC series 6, life/health and property/casualty insurance license

1977 — 1978: Boy Scouts of America District Executive. Responsible for year-round program, adult and youth leader training, fund raising, and recruitment of youth and adults. Developed youth programs in character building, leadership and outdoor recreation. Provided training to adults working with youth and outdoor skills to youth.

EDUCATION

August 1980 — December 1982: J.D., Capital University Law

1972 — 1977: B.S., Ohio State University

POST COLLEGE EDUCATION AND DEVELOPMENT

  • National Executive Institute (BSA)
  • National Camping School (BSA)
  • National Exploring Law Enforcement Conference (BSA)
  • Exploring Leader Training (BSA)
  • Scoutmaster Leader Training
  • Emergency Medical Technician
  • Colorado Continuing Legal Education Classes (Participant & Instructor)

 

TRIAL EXPERIENCE

Developed a national expertise as a consultant and trial attorney specializing in recreational risk issues, encompassing several areas with primary emphases on litigation prevention. Litigated and consulted on a broad scope of issues including risk management as it relates to recreation and outdoor education, risk management and program exposure evaluation, equipment and product liability and insurance issues.

Currently represent a large segment of the whitewater rafting insurance industry, scuba insurance industry, canoe livery and outdoor recreation industry. Consulted on or successfully litigated rafting, backpacking, kayaking, snowmobiling, ropes course and rock-climbing cases.

EXPERT WITNESS

Expert witness in outdoor recreation, commercial guiding, and recreation education cases

EDITORIAL BOARDS

Sports Facilities and the Law review, Holt Hackney Publications, https://sportsfacilitieslaw.com/

Sport and Recreation Law Association Presentation Review Board, http://www.srlawebsite.com/

PUBLICATIONS – BOOKS

Outdoor Recreation, Insurance, Risk Management, and Law, Sagamore Publishing, Inc., 2015, 427 pages, Sagamore Publishing, Inc., Urbana, IL

Risk Management and Law for Outdoor Recreation Professionals: Compiled November 1995. 400-page compendium of articles issues and reference material for individuals and businesses.

The Lawyer’s Advisor: Published September 1996. 160-page book written to provide consumers and lawyers with maxims for dealing with each other. Published by ICS Books, Merrillville, IN.

Outdoor Recreation Forms, Published September 1999, 200-page book published by the National Association of RV Parks and Campgrounds, to provide members with risk management forms for their businesses.

Legal Liability and Risk Management in Adventure Tourism: Ross Cloutier with Daniel Garvey, Will Leverette, James Moss & Gilles Valade. I was responsible for Chapter Seven Canadian Businesses Carrying on Operations in the United States.

Boy Scout Fieldbook: Contributing Author for the Risk Management chapter, Boy Scouts of America

Outdoor Programmers Resource Guide, Risk Management, Association of Outdoor Recreation & Education, 2004

Boating the Grand Canyon: A “How To” for Private Boaters, Amazon Kindle, 2019

Management of Parks and Recreation Agencies, 4th Edition, Chapter 2: Law and Jurisdiction (5th Edition currently in the Editing process) NRPA and Sagamore Press

Mountain Medicine & Technical Rescue 2nd Edition Chapter 13: Legal Aspects of Mountain Medicine, Carreg Limited

PUBLICATIONS –NEWSLETTERS

Liability Corner, Paddle Dealer Magazine. Quarterly magazine for the paddlesport’s industry, Paddlesport Publishing, Inc., Steamboat, Colorado.

Outdoor Recreation, Travel and Hospitality Law Newsletter, monthly electronic newsletter detailing changes, actions, lawsuits and results for the Outdoor Recreation, Travel and Hospitality Community.

PUBLICATIONS

In the Who’s-To-Blame Game, Be Trained in Self-Defense. Outside Business, October 1989, Taking Cover –

The Ins and Outs of Outdoor Education Cases, The Outdoor Network, fall 1990, Vol. 1 No. 7, Lawsuits: (Reprinted, January 1991 in Christian Wilderness Leaders Coalition; 1991 Newsletter National Association of Canoe Liveries and Outfitters.)

Medical Release Forms, The Outdoor Network, winter 1990, Vol. 1 No. 8,

Liability and Outdoor Equipment, The Outdoor Network, spring 1991, Vol. 1 No. 9,

Avoiding a Lawsuit, The Outdoor Network, spring 1991, Vol. 1 No. 9,

Using Industry Knowledge to Your best Advantage., The Outdoor Network, fall 1991, Vol. 3 No. 3,

Outdoor Programmer’s Resource Guide, Liability Section Outdoor Recreation Coalition of America, 1991,

Outdoor Recreation Liability in the Future and How to Prepare for that Threat Today. Proceedings: Sixth International Conference on Outdoor Recreation:

Paperwork: It Destroys Trees, Takes up Space and Maybe Necessary to Prevent Lawsuits. Proceedings: Sixth International Conference on Outdoor Recreation:

Avoiding a Lawsuit Pathways to Outdoor Communication, a publication of the New York State Outdoor Education Association, Inc., spring 1992, (Reprint of The Outdoor Network, spring 1991, Vol. 1 No. 9, Avoiding a Lawsuit)

Liabilities of Endorsers, Trade Associations, or Similar Parties Who Approve a Product in the Outdoor Recreation Industry. The Outdoor Network, spring 19921, Vol. 4 No. 1,

Whitewater Rafting Liability. The Outdoor Network, spring 1992, Vol. 4 No. 2,

Current Trends in the Use of Waivers and Releases. The Outdoor Network, fall 1992, Vol. 4 No. 4,

Are “out-of-bounds” laws out of bounds? Le Chronicle du Couloir, November 1992

Liability for Sexual Contact between Guides and Guests Proceedings: Sixth International Conference on Outdoor Recreation.

Current Trends in Outdoor Recreation Liability. Proceedings: Sixth International Conference on Outdoor Recreation

The Legal Perspective for the Outdoor Recreation Community Proceedings: Sixth International Conference on Outdoor Recreation: Certification and Accreditation.

Y’know what we do to poachers…boy? Le Chronicle du Couloir, January 1995

Product Liability of Outdoor Recreation Equipment Continuing Legal Education in Colorado, Sports Law, May 5, 1995.

Troubled Waters Outdoor Retailer, April 2000.

Outfitter Release Forms: How to Keep Them Meaningful Paddle Dealer, Liability Corner, spring 2000

A Few Words on “Standards” Paddle Dealer, Liability Corner, spring 2000

Pay Special Attention to Children Paddle Dealer, Liability Corner, summer 2000

Running a Retail Operation: Should you Rent Equipment Paddle Dealer Liability Corner, fall 2000

Special Attention Required When it comes to Children, Lawsuits, Releases and Assumption of Risk Scouter Magazine, Vol 2, Issue 1

The Basics of Negligence Paddle Dealer, Liability Corner, winter 2001

Renting Equipment Inside/Outside Magazine, spring 2003

It’s Not Money, CLE International, Recreation and Adventure Program law and Liability Conference,

A Good Contract Between Manufacturers and Independent Reps Makes for a Sound Business Marriage and a Smoother Divorce- If it comes to That. Gear Trends Magazine, summer 2004,

How to Reduce Injuries on the job; Put down the pencil, get off your chair, and get out of your office, Lorman Education Services, CLE Program, Worker’s Compensation:

Assumption of the Risk, Mountain Bulletin, a Publication of the American Mountain Guide Association, Vol. XVIII, No. 3, Summer 2004

Legal Watch: Prescriptions and the Law, Wilderness Medicine, the Journal of the Wilderness Medical Society, Fall 2007 (http://www.wms.org/pubs/WMSFall2007_MagazineFINAL_lowres.pdf)

Storm Over Everest, Frontline High-Altitude Ethics Roundtable, May, 2008, www.frontline.org/everest/etc/roundtable.html

California Supreme Court Limits Good Samaritan Protection, Wilderness Medicine, the Journal of the Wilderness Medical Society, Summer 2009

Lawsuits, Recreation Management, February, 2010

When we try to prevent accidents…are we creating them, Outward Bound International Journal, 2013, (Reprint https://recreation-law.com/2012/07/18/when-we-try-and-prevent-accidentsare-creating-them)

National Bicycle Dealers Association, Recalls Call for Retailer Action, http://rec-law.us/1FHAhA6

Protecting Your Bike Shop and Yourself When Hosting Events, Marsh & McLennan Agency, http://rec-law.us/1zAPdu5

Federal Court Dismisses Claims by BMX Rider for More Money from Sponsor, Sports Litigation Alert, Vol 12, Issue 17, http://www.sportslitigationalert.com/

Can You Buy a Season Pass at a Ski Area and Avoid Criminal Prosecution? Sports Litigation Alert, Vol 13, Issue 2, http://www.sportslitigationalert.com/

Judicial Ruling Creates Chaos in Oregon Where Volunteer Activities on Recreational Lands Have Come to a Halt, Sports Litigation Alert, March 17, 2017, Vol 14, Issue 5, http://www.sportslitigationalert.com/

Colorado Supreme Court Determines that a Piece of Playground Equipment on School Property Is Not Protected by the Colorado Governmental Immunity Act, Sports Litigation Alert Vol. 14, Iss. 13, http://www.sportslitigationalert.com/

California Proposition 65 Affects Retailers and Dealers, Too, National Sporting Goods Association, February 8, 2018 https://www.nsga.org/prop65

Court: Plaintiff Cannot Assume a Risk Which Is Not Inherent in the Activity or Which He Does Not Know, Sports Litigation Alert, Volume 15, Issue 13, July 20, 2018, http://www.sportslitigationalert.com/

Court: Plaintiff Cannot Assume a Risk Which Is Not Inherent in the Activity or Which He Does Not Know, Sport Facilities and the Law, July-August 2018 l Volume 3, Issue 1, https://sportsfacilitieslaw.com/

Kentucky Appellate Court Holds That Exclusions in an Insurance Policy That Render the Policy Worthless to the Insured Are Valid, Sport Facilities and the Law, Volume 15, Issue 18      September 28, 2018, https://sportsfacilitieslaw.com/

Court Allows a Release to Stop a Gross Negligence Claim, Sport Facilities and the Law, March-April 2019 Volume 3, Issue 5, https://sportsfacilitieslaw.com/

VIDEOS AND FILMS

Consulted on or written the scripts and provided legal advice for the following Videos and Films.

National Livery Safety System, “Accepting the Responsibility… A Guide to Safe Paddling.”  1993. American Canoe Association

National Livery Safety System, “You’re in Control…A Guide to Safe Paddling.” 1993. American Canoe Association

National Livery Safety System, “So Take the Time…A Guide to Risk Management Training for Outfitters.” 1993. American Canoe Association

Scuba Schools International, Basic Scuba Training, 1993.

Jack’s Plastic Welding, “Operation of the Paddle Cat.” 1993.

National Livery Safety System, “Whitewater Rafting.” 2000. American Canoe Association

National Livery Safety System, “Whitewater Kayaking.” 2000. American Canoe Association

OARS Whitewater Rafting Safety Orientation Videos, 2012, http://rec-law.us/NvHtqu

CONSULTATIONS FOR PUBLICATIONS: Quoted in or consulted by the following newspapers and magazines concerning risk management or outdoor recreation.

Anchorage Daily News, Anchorage, Alaska

Bicycle Retailer and Industry News

Bike Bix, UK

Boston Globe, Boston, Massachusetts

Camp Business

Club Industry, October 2011 Clubs, Manufactures Can Lessen Lawsuit Possibilities

Meetings & Conventions

Outdoor Hospitality Magazine

Outdoor Network, Boulder, Colorado

Outdoor Retailer, California

Outside Business, Chicago, Illinois

Outside Magazine, Santa Fe, NM

Rock & Ice, Letters to the Editor

Rocky Mountain News, Denver, Colorado

Ski Area Management, Boulder, Colorado

Velo News, Boulder, Colorado

Wall Street Journal, New York, New York

Forbes.com

Colorado Sun

The Rōbert Report

PUBLIC SPEAKING

Western River Guides Association, Annual Meeting December 1988: Reducing Your Exposure to Lawsuits, Reno, Nevada.

Colorado River Outfitters Association Annual Meeting, February 1988, 1989, 1990, 1992 and 1993: various recreational risk topics.

Western River Guides Association, Annual Meeting December 1988: Paperwork Necessary to Prevent Lawsuits.

Boy Scouts of America, National Search and Rescue Conference, July 1989, Reducing Your Risk of Being Sued, Colorado Springs, Colorado.

Outside Business, Taking Cover in the who’s to blame game, be trained for self-defense, October 1989.

Boy Scouts of America, National Law Enforcement Exploring Conference, July 1990, Reducing Your Risk of Being Sued, Boulder, Colorado.

Boy Scouts of America, National Exploring Conference 1990, Working with Parents to Avoid Litigation, Boulder, Colorado.

The Outdoor Network, Avoiding a Lawsuit, Spring 1991

Boy Scouts of America, North Central Region Exploring Law Enforcement Conference 1991: BSA Programs and Their Effect in Reducing Your Lawsuit Risk, Denver, Colorado.

Coalition of Exclusive Agents, First Annual Conference, July 1991, Reducing Your Errors and Omission’s Exposure, Las Vegas, Nevada.

International Conference on Outdoor Recreation: Outdoor Recreation Liability in the Future and How to Prepare for that Threat Today, University of Idaho, Moscow, Idaho.

International Conference on Outdoor Recreation: Paperwork: It Destroys Trees, Takes up Space and Maybe Necessary to Prevent Lawsuits, University of Idaho, Moscow, Idaho.

America Outdoors, Confluence 91, Reducing Your Liability, Orlando, Florida.

America Outdoors, Confluence 91, Understanding Your Insurance, Orlando, Florida.

Wilderness Education Association, Post Incident Emergency Legal Response, February 1992, University of Southern Colorado, Pueblo, Colorado.

Sixth International Conference on Outdoor Recreation, Liability for Sexual Contact between Guests and Guides, November 1992, University of Calgary, Calgary, Canada.

Sixth International Conference on Outdoor Recreation, Panel Discussion on: Liability for Certification, Accreditation and Endorsements in the Outdoor Recreation Industry, November 1992, Calgary, Canada.

Sixth International Conference on Outdoor Recreation, Panel Discussion of: Current trends in Outdoor Recreation Liability, November 1992, Calgary, Canada.

First Annual Challenge Course Symposium: Lawsuits: How to Handle them and How to Avoid Them, April, Boulder Colorado.

Exploring Search and Rescue Conference, Liability of Explorer Post Leaders. August 1993, Colorado Springs, Colorado.

Seventh International Conference on Outdoor Recreation: Emerging Trends in Outdoor Recreation, November 1993, Corvallis, Oregon

Seventh International Conference on Outdoor Recreation: Legalese, understanding the language, November 1993, Corvallis, Oregon

Confluence 1993, National Association of Canoe Liveries and Outfitters: National Livery System Video used as a Trial Defense Exhibit, December, Florida.

Second Annual Challenge Course Symposium: Setting up Your Course and Your Business to Avoid Litigation Threats, April, Boulder, Colorado

Fifth International Symposium on Human and Resource Management: Legal liability in Resource Management, June 1994, Fort Collins, Colorado

Building Partnerships, Building Trails: Risk Management for Trail Maintenance and Design. June 23, 1994, Park City, Utah.

Alpha Phi Omega Regional Conference: Alcohol Liability, a New Risk Plan for APO, October 29, 1994, Boulder, Colorado.

The Challenge Course Manager, Rick Management, March 28, 1995, Golden, Colorado

The Challenge Course Manager, Paperwork, Liability Defense, March 29, 1995, Golden, Colorado

Continuing Legal Education in Colorado, Sports Law, Product Liability of Outdoor Recreation Equipment, May 5, 1995.

Colorado Bar Association 1995 Convention, Sports Law, Outdoor Recreation in Colorado, September 8, 1995.

Seminar, Cornell University, Risk Management and Liability, Protecting you and your program from assault, October 24, 1995

Seminar, Cornell University, Paperwork, the Documents you need for Liability Protection, October 25, 1995.

International Conference on Outdoor Recreation, Risk Management in Outdoor Recreation Programs, October 24-25, 1995, Cornell University, New York.

International Conference on Outdoor Recreation, Risk Liability in University Outdoor Recreation Programs, October 24-25, 1995, Cornell University, New York.

International Conference on Outdoor Recreation, Update in Outdoor Recreation Law, October 24-25, 1995, Cornell University, New York.

National Association of Canoe Liveries and Outfitters, 1995 Convention, Risk Management in Outdoor Recreation Operations, November 26 – 27, 1995.

Wilderness Medicine Society, Liability Issues in Outdoor Recreation Law, February, 1996, Big Sky, Montana

Wilderness Education Association, Outdoor Recreation Liability Issues in College and University Outdoor Programs, February 23, 1996, Fall Creek Falls, Tennessee.

Wilderness Education Association, What’s New in University and College Outdoor Recreation, February 24, 1996, Fall Creek Falls, Tennessee

Outdoor Recreation Coalition of America Rendezvous and Conference, Liability Issues of College and University Programs, June 1, 1996, Colorado Springs, Colorado.

Seventh International Conference on Outdoor Recreation and Education, Land Management Issues for Colleges and Universities, November 7, 1996, Salt Lake City, Utah.

Seventh International Conference on Outdoor Recreation and Education, Update in Risk Management and the Law for Colleges and Universities, November 7, 1996, Salt Lake City, Utah.

Professional Paddlesports Association National Waterways Conference, Asset Protection and Estate Planning for the Canoe Livery Owner, December 5, 1996, Destin Florida.

Challenge Course Mangers Symposium, Legal and Risk Management Issues for the Challenge Course Manager, December 15, 1996, Boulder, Colorado.

Non-Profits in Travel Conference, Risk Management for Adventure Travel Industry, March 3, 1997, Arlington, Virginia

American Association of Health, Physical Education and Recreation Directors, Recreation Programs: Are You What You Think You Are, March 21, 1997, St. Louis, Missouri.

International Boating and Water Safety Summit, Signs, Signs Everywhere a Sign, April 22, 1997, San Diego, California

International Boating and Water Safety Summit, Is Your Insurance Adjuster Prospecting You for a Lawsuit?  April 22, 1997, San Diego, California

International Conference on Outdoor Recreation and Education, How to Protect Your Mexican Assets from US Attorneys, November 7, 1997, Merida, Mexico.

Professional Paddlesports Association Conference, Signs, Signs, Everywhere a Sign, December 4, 1997, Clearwater, Florida.

Professional Paddlesports Association Conference, Update in Outdoor Recreation Law, December 4, 1997, Clearwater, Florida.

First World Conference on the Cold and 7th European Cold Conference, How to Protect Your Assets from US Lawsuits, January 15, 1998, Kiruna, Sweden

American Mountain Guides Annual Conference, Your Client Is Not Breathing, Not Bleeding and Maybe Dead, What Do You Do Next. October 17, 1997, Golden, Colorado.

International Conference on Outdoor Recreation & Education, The Association of Outdoor Recreation and Education in the Year 2000. October 22, 1998, Fort Walton Beach, Florida.

Wilderness Medicine Society, Liability Issues for Physicians and Wilderness Medicine, August 1999, Whistler, Canada

International Conference on Outdoor Recreation and Education, Update in Outdoor Recreation Law, Dealing with the Federal Land Managers and Access, November, 1999, Jackson, Wyoming

National Association of RV Parks & Campgrounds, Asset Protection Planning, Training Your Employees to Prevent Lawsuits, Employee/Employer Law, November 1999, San Antonio TX

Challenge Course Manager, Running your Program without attracting lawsuits, December 1999, Golden, CO

Maine Campground Owners Association 2000 Spring meeting and Trade Show, Asset Protection Planning and Risk Management, April 14, 2000, Portland, Maine.

International Conference on Outdoor Recreation and Education, Stump the Lawyer, November 11, 2000, Miami University, Oxford Ohio.

International Conference on Outdoor Recreation and Education, Update in OR Law, November 5-6, 2001, University of Idaho, Pocatello, ID

Inside Outside Magazine, Room for Rentals: Liability Concerns shouldn’t keep Retailers from renting equipment, March 2004

CLE International, Recreation and Adventure Program law and Liability Conference, April 10 & 11, 2003, Vail Colorado

International Conference on Outdoor Recreation and Education, How to Teach Risk Management, November 7, 2003, Utah Valley State College, Orem Utah

International Conference on Outdoor Recreation and Education, Pre-Trip Risk management Planning, November 9, 2003, Utah Valley State College, Orem Utah

American Mountain Guides Association Annual Conference, Insurance, October 23, 2004, Moab Utah

International Conference on Outdoor Recreation and Education, Product Liability, October 29, 2004, Nashville, TN

International Conference on Outdoor Recreation and Education, Legal Terminology, October 29, 2004, Nashville, TN

International Conference on Outdoor Recreation and Education, Legal Update, October 29, 2004, Nashville, TN

Lorman Education Services, CLE Program, Worker’s Compensation: How to Reduce Injuries on the job, October 17, 2004, Grand Junction, CO

CLE International, Recreation and Adventure Law CLE: Update in Outdoor Recreation Law, April 28 & 29, 2005, Denver, Colorado,

Wilderness Medical Society, Annual Conference, Legal issues for Physicians dealing with Outdoor Recreation Programs, July 23, 2005, Snowmass, Colorado

International Conference on Outdoor Recreation and Education, Risk Management Update, October 2006, Buffalo, NY

International Technical Rescue Symposium, Standards, November 3, 2007, Golden Colorado. Standards, (Was voted “Most Thought Provoking Presentation” by the attendees.)

Lorman CLE Workers’ Compensation Update, November 27, 2007, Colorado Springs Colorado, “Keeping Your Worker’s Compensation Costs Low”

Mountain Rescue Association Winter Meeting, January 12, 2008, Salt Lake City, UT, Standards

Sports and Recreation Law Association Annual Conference March 4, 2009, San Antonio, TX, Releases and Minors: An Update

Sports and Recreation Law Association Annual Conference March 4, 2009, San Antonio, TX, Releases and the Common Law

Rocky Mountain Lift Association Annual Conference, May 4, 2009, Grand Junction, CO, Risk Management: An Update

Rocky Mountain Lift Association Annual Conference, May 11, 2010, Grand Junction, CO, Customer Service from Lift Operations and Lift Maintenance

Rocky Mountain Lift Association Annual Conference, May 11, 2010, Grand Junction, CO, HR Paperwork

Association of Outdoor Recreation and Education, November 12, 2010, Keystone, CO, Major Legal Issues in Outdoor Recreation and Adventure Travel

Association of Outdoor Recreation and Education, November 12, 2010, Keystone, CO, First Aid Myths, Magic and Misconception from a Legal Standpoint

Association of Independent Camps Annual Conference, February 7, 2011, San Diego, CA, Kids Camps and Angry Parents who want to Sue.

Betty van der Smissen Memorial Lecture Risk Management and Legal Liability, Indiana University April 22, 2011, Bloomington, IN, Practical Procedures do not necessarily Prevent Punitive Proceedings or Sacred Cows in the Outdoor Recreation Industry

Rocky Mountain Lift Association Annual Conference, May 11, 2011, Grand Junction, CO, Creating a Workable, easy to write and use Risk Management Plan that won’t haunt you on the witness stand

Rocky Mountain Lift Association Annual Conference, May 11, 2011, Grand Junction, CO, Customer Service is Risk Management is Customer Service is Risk Management is Customer Service

Rocky Mountain Lift Association Annual Conference, May 11, 2011, Grand Junction, CO, Employee Discipline, Crap I have More Paperwork to Do.

Professional Paddlesports Association, November 8, 2011, Sandusky, Ohio, Ask the Attorney I.

Professional Paddlesports Association, November 8, 2011, Sandusky, Ohio, Ask the Attorney II.

Professional Paddlesports Association, November 8, 2011, Sandusky, Ohio, Wake Up and Smell the Liability.

Association of Independent Camps Annual Conference, February 20, 2012, Atlanta, GA, Update in the law

National Cave Association, September, 25, 2012, Deadwood, SD, Cave Risk Management and Liability

Outdoor Retailer, January 23, 2013, Salt Lake City, UT, How to Bring Scouts into Your Store: There’s Even an App for That!

Outdoor Retailer, January 23, 2013, Salt Lake City, UT, Outdoor Recreation Retail Store: Liability Issues

NHEIC Risk Management Conference, April 3, 2013, Nashville, TN Things You Don’t Know and Should.

National Bicycle Dealer Association, Interbike, September 17, 2013, Las Vegas, NV, Risk Management and Legal Issues for the NBDA

Sport and Recreation Law Association Conference, 2014, Orlando, FL, Update on Release Law

Loveland Ski Area, September 24, 2013, Georgetown, CO Update on Risk Management Issues and Customer Service for Ski Areas.

Sport and Recreation Law Association Conference 2016, New Orleans, LA, Standard of Care in Skier v. Skier Collisions.

Sport and Recreation Law Association Conference 2016, New Orleans, LA, Releases for Gross, Intentional or Reckless Acts.

Colorado Alliance of Environmental Educators, March 19, 2016, 21st Century issues drug forward from the past: Claims and Lawsuits, but 21st Century ways to deal with them

Outdoor Recreation Managers Training, IMCOM G9, San Antonio, TX, Risk Management Update

Sport and Recreation Law Association Conference 2017, Las Vegas, NV, The Evolution of the Public Policy Doctrine in Voiding Releases.

U.S. Army MWR Attorneys Association, June 13, 2017, Orlando, FL, Update on Recreation Legal Issues.

Sport and Recreation Law Association Conference 2018, San Antonio, TX, Electronic Releases

Sport and Recreation Law Association Conference 2018, San Antonio, TX. What Drives People: Extreme Sports.

Adaptive Outdoor Recreation Summit April 30 – May 2, 2018 (Skype) in Park City, UT, Update in the Legal issues facing Disabled Programs

Sport and Recreation Law Association Conference 2019, Philadelphia, PA, Managing the Risk of Events Through Insurance – Exclusions Do Apply!

Sport and Recreation Law Association Conference 2019, Philadelphia, PA, Legal Issues of Misrepresentation & Fraud in Outdoor Recreation.

Sport and Recreation Law Association Conference 2020, Louisville, are waivers being replaced by statutes

Sport and Recreation Law Association Conference 2020, Louisville, Recreation Case Law

Sport and Recreation Law Association Conference 2020, Online Conference, Covid-19 and Cruises

Sport and Recreation Law Association Conference 2020, Online Conference, Criminal Liability for Backcountry Skiing

Sport and Recreation Law Association Conference 2020, Online Conference, is a Fiduciary Duty Owed in Sport Recreation Settings

Sport and Recreation Law Association Conference, Virtual, Criminal Charges for Starting an Avalanche

Sport and Recreation Law Association Conference, Virtual, Is a Fiduciary Duty Owed in Sport & Recreation Settings

Sport and Recreation Law Association Conference, Virtual, Covid-19 & Cruises

Sport and Recreation Law Association Conference 2022, Atlanta GA, Boy Scouts of America, Banktruptcy.

Sport and Recreation Law Association Conference 2022, Atlanta , GA, Who is writing the article?

TEACHING EXPERIENCE

Prescott College, Prescott, Arizona, Risk Management for Recreation Programs. Case Studies of Outdoor Recreation Accidents and Responses, April 1992,

Community College of Aurora, Business Law, April — May 1992, Substitute Instructor

Oregon State University, Outdoor Recreation Liability, 1993

Cornell University, Outdoor Recreation Liability, 1994

University of Utah, Outdoor Recreation Liability, 1996

Colorado State University, Adjunct Professor, Human Resources, Ph.D. program 1993-97

Pikes Peak Community College, Adjunct Professor, Risk Management and Insurance Law, 1998, 1999

University of Idaho, Outdoor Recreation Liability, 2001

Continuing Legal Education in Colorado, Sports Law, Product Liability of Outdoor Recreation Equipment, May 5, 1995.

Colorado Mountain College, Leadville, CO Risk Management, Ski Area Operations. Live Class (Fall 2002 to 2017) and Online Class (2004 to 2017)

University of Utah, Salt Lake City, UT, Outdoor Recreation, Risk Management, Insurance and Law, Spring 2006 (online)

University of Arkansas, Update in Recreation Law, February 9, 2018

University of Arkansas, Update in Recreation Law, Sport and Recreation Risk Management, August 2, 2018

PODCASTS

The Spokesmen Cycling Roundtable Podcast, http://www.the-spokesmen.com/wordpress/

VOLUNTEER ACTIVITIES

Founder and Board of Directors, National Outdoor Book Awards 1997 – Present, http://www.noba-web.org/

Board of Directors, Denver Area Council 2014 – Present, Boy Scouts of America

Activities Committee Chairman, April 2021 – Present, Denver Area Council, Scouting USA

District Chairman, Timberline District 2014 – 2019, Denver Area Council, Boy Scouts America

Chairman, Youth Protection Program, 2018 – Present, Denver Area Council, Boy Scouts of America

Risk Management & Insurance Committee, 2018 – Present, Denver Area Council, Boy Scouts of America

Cycling Committee Chairman, 2020 – Present, Denver Area Council, Boy Scouts of America

Board of Directors and Secretary, Galapagos Preservation Society 2006 – Present, http://gpsociety.org/

Board of Directors, Colorado Alliance of Environmental Education 2008 – 2014, http://www.caee.org/

Board of Directors, Trade Association of Paddlesports 2004 – 2010, https://www.facebook.com/Paddlesports

Member and/or Chairman, American Alpine Club Library Committee, 2004 – 2019 http://americanalpineclub.org/p/library

LICENSES & CERTIFICATIONS:

Licensed to practice law in:

Ohio (inactive)

Colorado

Federal District Court, Colorado

Tenth Circuit Court of Appeals

Certified alpine ski binding technician

MEMBERSHIPS & PROFESSIONAL AFFILIATIONS:

Academy of Legal Studies in Business

Adventure Sports Lawyer’s Group

American Alpine Club

American Avalanche Association

American Society of Testing & Materials (http://www.astm.org/)

Bicycle Colorado

Colorado Alliance of Environmental Education

Colorado Bar Association

Denver Area Council, Boy Scouts of America

Galapagos Conservation Action

International Climbing and Mountaineering Federation – (UIAA) (Union Internationale des Association d’Alpinisme) Safety Committee

First Judicial District Bar Association

National Ski Area Association (Past)

National Ski Patrol (Past)

Society of Park and Recreation Educators

Sports & Recreation Law Association

Trade Association of Paddlesports (Past)

HONORS:

Sport and Recreation Law Association President’s Award

East Muskingum School District Distinguished Alumni Hall of Fame

Boy Scouts of America, Denver Area Council, Silver Beaver Award

Boy Scouts of America, Denver Area Council, Exploring Division, District Award of Merit

Boy Scouts of America, Denver Area Council, Timberline District, District Award of Merit

Colorado Mountain College Advisory Board, Ski Area Operations

Copper Mountain Peak Heroic Moment Award February 2002

Denver Area Council, BSA Certificates of Appreciation

Globe Pequot Press, Falcon Publishing Editorial Review Board

ICS Books, Editorial Review Board

Moab Confluence Writing Festival, Judge

National Outdoor Book Awards Co-Founder and Judge, (http://www.noba-web.org/)

National Summit on Outdoor Recreation, Ambassador, 1994

Pike’s Peak Community College Advisory Board, Recreation and Guide Program

Speaker, Betty van der Smissen Risk Management Lecture, University of Indiana 2011

Eagle Scout, Boy Scouts of America

Vigil Honor Member, Lifetime, Order of the Arrow, Boy Scouts of America

Last Edited  5/27/2022