An example of adults and money getting in the way of kids has fun

If more playgrounds were like this, more kids would be outside and more adults would be happier.

What happens when adults tell kids how to have fun. You get structure, organization, injuries and lawsuits. You get budgets and planning and rules. What do

Two playground sets at Hudson Springs Park in ...

Two playground sets at Hudson Springs Park in Hudson, Ohio. \

kids get…..not much!

Read this article. Tear Down the Swing Sets

It looks at what happens when you allow kids to play with each other without structure, without rules, without “equipment.” Some of the studies looked at kids playing with sand or foam blocks and having more fun than any kids have with playground equipment.

When was the last time you looked at kids playing on a playground and came up with a thought like this? “These children are intent, they are cooperative, they are resourceful.”

However, with so much “adult,” community planning and legal involvement we ended up with this.

Then the grownups got skittish. Down came the merry-go-rounds and the jungle gyms, and in their place, a landscape of legally-insulated, brightly-colored, spongy-floored, hard-plastic structures took root. Today, walking onto a children’s playground is like exiting the interstate: Regardless of where you are, you see the exact same thing.

The article also looks at keeping kids safe and finds that does not work. 1. It is not possible and 2 it does not help kids to grow and mature. Kids need to know, experience and understand risk. The head of England’s Royal Society for the Prevention of Accidents said, “…children should be exposed to a certain degree of risk, not because an activity is risky per se but because it is fun, exciting, and challenging.”

This is awesome.” Kids who are bored stay inside and staying inside is ultimately far worse for your health than a broken arm.”

Kids need to be kids to learn about risks, to have fun and to grow. That does not require the intervention, direction or control of adults.

English: Kids playground

English: Kids playground (Photo credit: Wikipedia)

For Similar Articles about this:

This article takes a real look at the risks parents allow their children to face http://rec-law.us/Zwk2yp

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Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

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

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Colorado Department of Transportation looking to hire a Bicycle/Pedestrian Specialized Analyst

You’ll be dodging big trucks but making a difference!

Colorado Department of Transportation

Colorado Department of Transportation (Photo credit: Wikipedia)

Class Title: GENERAL PROFESSIONAL IV

Type of Announcement: This position is open only to Colorado state residents.

Closing Date/Time: Wed. 06/26/13 11:59 PM Mountain Time

Primary Physical Work Address: 4201 East Arkansas Ave., Denver, CO 80222

Salary: $4,733.00 – $6,828.00 Monthly

FLSA Status: Exempt; position is not eligible for overtime compensation.

Job Type: Full Time

Location: Denver Metro, Colorado

How To Apply: Thank you for your interest. Submit an on-line application by clicking the link below or submit a State of Colorado Application for Announced Vacancy and all supplemental questions according to the instructions provided below. Failure to submit a complete and timely application may result in the rejection of your application. Applicants are responsible for ensuring that application materials are received by the appropriate Human Resources office before the closing date and time listed above.

If not applying on-line, submit application to: CDOT Workforce Staffing Attn: Erin Hardin, 4201 E. Arkansas Ave. Suite 290, Denver, CO 80222

Department Contact Information: Erin Hardin, 303.757.9797, erin.hardin@state.co.us

Methods of Appointment: Appointment to the vacancy or vacancies represented by this announcement is expected to be from the eligible list created. However, at the discretion of the appointing authority, the position(s) may be filled by another method of appointment for a valid articulated business reason.

Transcripts Required: An unofficial copy of transcripts must be submitted at the time of application. Transcripts from colleges or universities outside the United States must be assessed for U.S. equivalency by a NACES educational credential evaluation service. This documentation is the responsibility of the applicant and must be included as part of your application materials. Failure to provide a transcript or credential evaluation report may result in your application being rejected and you will not be able to continue in the selection process for this announcement.

For more information and to apply go to: http://rec-law.us/12HqwTG

What do you think? Leave a comment.

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Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Facebook Page: Outdoor Recreation & Adventure Travel Law

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Mobile Site: http://m.recreation-law.com

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

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PowerPoint I gave at the NHEIC Risk Management Committee Meeting

Great group of people working to keep their campuses moving, vibrant and under control

I have a presentation in early April to a group of college administrators. The power point for that presentation is: Things You Don’t Know and Should.

The presentation is difficult to understand as a standalone web based PowerPoint. You always need my personality to interpret what I do. However there are some interesting issues I covered.

·         The different way college students view themselves versus how their parents view them, and the consequence to a college of that issue.

·         The value of a well-written release to college programs

·         Assumption of the risk is education at a college

·         How to deal with an outdoor recreation disaster

·         Why People Sue

·         Who should handle your claims

·         The legal issues that risk management plans create

What do you think? Leave a comment.

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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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Keep Writing Your Own Release

I make more money after you get sued over a bad release.

I watched an attorney tell another shopper in an office-supply store to go ahead and buy the will making software the shopper was holding. I was, to say the least, confused. After the shopper left I asked the attorney why he had said that.

The attorney’s answer was simple. I can get $500 for writing a will. If that guy write’s his own, I or some attorney will get $5000 or more to fix his mistakes once he dies.

Yup, Keep writing your own releases.

What do you think? Leave a comment.

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Copyright 2013 Recreation Law (720) Edit Law

Email: blog@rec-law.us

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

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Training Peaks is leading the pack in creating a website that works for training

Don’t pay to just record what you have done, that you can do on a piece of paper

Until recently, all software and web based performance programs just recorded what you did. Although it supplies some ego gratification, it does nothing to provide information on how to get better. To do that you need to compare days, weeks and sometimes months of Training Peaks 1training.

Normally that required downloading the info to a spreadsheet and writing your own formula’s to figure out what you had been doing and needed to do. Most coaches worked that way. Once you downloaded your results from your bike or running computer (or phone now days) you sent it in a spreadsheet to your coach.

Training Peaks has been working that direction and announced the next stage in that evolution. Once you upload information to the Training Training Peaks 3Peaks site it will compare your heart rate and power readings to previous uploads and let you know if your training is working.

This is still not what is needed to effectively train; however there is at least one program that understands that graphics online do nothing to help you get better. At present, a spreadsheet can do more to increase your performance than any software or web program.

See Coming Soon: Threshold Improvement Notifications and More

What do you think? Leave a comment.Training Peaks 2

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Want to know how far from normal outdoor recreation is?

Check out this picture and its caption

Do you think our world is not that far outside the norm? This dated picture of Beth Rodden and Tommy Caldwell on a ledge was on Reddit. Besides being old, Tommy and Beth have gone their separate ways, the editor describes their actions as “Even with climbing bolts it’s still hanging off of a m*th3rf*cking rock. My idea of excitement is occasionally taking my tea with sugar.”

Remember this when you are marketing your services. Most people think you are nuts, how is the jury going to look at what you do?

See http://rec-law.us/TTMEyC

The World’s Scariest Place to Read a Book [PIC]

clip_image001

This couple is enjoying some down (or is it up?) time chillaxing on a portaledge attached to what looks to be a very steep cliff.

What do you think? Leave a comment.

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Copyright 2012 Recreation Law (720) Edit Law

Email: blog@rec-law.us

Twitter: RecreationLaw

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UIAA Event Schedule

Here is the current UIAA Even Calendar

12 Jan 2013 to 13 Jan 2013

Ice climbing

Ice Climbing World Cup (Lead, Speed) & World Championship (Lead)
Cheongsong, Korea

12 Jan 2013 to 13 Jan 2013
Ice Climbing World Youth Championship
Saas-Grund, Switzerland (lead, speed)

18 Jan 2013 to 19 Jan 2013
Ice Climbing World Cup
Saas-Fee, Switzerland (lead, speed)

26 Jan 2013 to 27 Jan 2013
Ice Climbing World Cup
Rabenstein, Italy (lead, speed)

07 Feb 2013 to 09 Feb 2013
Ice Climbing World Cup
Busteni, Romania (lead, speed)

08 Mar 2013 to 10 Mar 2013
Ice Climbing World Cup (Lead, Speed) & World Championship (Speed)
Kirov, Rusia

The schedule is online at UIAA Calendar

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Contributers Wanted! For a New Book on Adventure Education & Travel

CONTRIBUTORS WANTED! For a New Book on Adventure Education & Travel

What does adventure education & travel look like now and how will it look in the future?
Edited by Dr Rosemary Black, Charles Sturt University, Australia; Dr Kelly Bricker, University of Utah, USA

Readership: Undergraduate students and researchers in adventure education, adventure tourism, adventure therapy, outdoor recreation, and commercial recreation and professionals in the adventure education and adventure tourism industries.

Description: This new book will focus primarily on preparing undergraduate students for employment in the adventure profession as we move into the 21st century. This diverse profession will be explored in this new volume covering past and current trends, issues and programs, and future opportunities and challenges, as well as hot topics such as climate change, risk management, technology, sustainability and conservation.

Writers wanted for Chapters and Case Studies: Chapters 6-7,000 words and Case Studies at 2-3,000 words. We need writers for these topics:
Chapters
• Chapter on Adventure program design, delivery & evaluation
• Chapter on Outdoor recreation trends
• Chapter on operating a commercial adventure business
Case Studies
• Case studies on corporate adventures
• Case studies on communication, group dynamics & group management
• Regional case studies on adventure – Asia-Pacific, N. America, UK & Europe • Case studies on adventure on public lands/protected areas
• Case studies on artificial adventure venues
• Case studies on adventure programs for special needs groups
• Case studies on ethical issues in adventure
• Case studies on the use of technology in adventure
• Case studies on adventure program design, delivery & evaluation
• Case studies on iconic locations where adventure occurs

Interested in contributing to the book?

If you are interested in contributing to the book please contact Kelly Bricker – email kelly.bricker by 30 November 2012.

Final Chapters and Case Studies need to be submitted to the editors by 15 February 2013. Publisher: Venture Publishing Inc. Venture Publishing, Inc., 1999 Cato Ave, State College, PA 16801, USA. http://www.venturepublish.com/

Kelly S. Bricker
Associate Professor, Department of Parks, Recreation, and Tourism
Sustainable Tourism Management
The International Ecotourism Society, Chair
250 South 1850 East, Room 200
Salt Lake City, Utah 84112-0920
Office: 801.585.6503
Email: kelly.bricker

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Truer words were never spoken!

clip_image002

Thanks Jef Mallett

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It’s that time of year, release stops lawsuit against ski club

Logo of Indianhead Mountain

Masciola, v. Chicago Metropolitan Ski Council, 257 Ill. App. 3d 313; 628 N.E.2d 1067; 1993 Ill. App. LEXIS 2011; 195 Ill. Dec. 603

Illinois‘s decision holds that the release in question covered the issue complained of by the plaintiff who caused his injuries.

The plaintiff in this case was a member of the Chicago Metropolitan Ski Council, a ski club. The plaintiff entered a race put on by the defendant ski council at Indianhead Mountain, Michigan. To enter the race the plaintiff had to sign a release.

While racing the plaintiff hit a compression area in the race course which caused him to be thrown into telephone poles that marked the finish line. The plaintiff’s injuries were never specified in the decision.

The plaintiff alleged the unsafe conditions of the race course were not contemplated by the release, and the parties were acting under a mutual mistake of fact.

Summary of the case

English: Near the top of the PomaLift at India...

A mutual mistake of fact is usually a way to void a contract. Remember a contract, which a release is, requires a meeting of the minds. Normally, with a release, you write the release so the meeting of the minds is agreed to when the guest signs the agreement.

If the parties do not agree on the specific issues of a contract, the reasons for a contract, then a contract is void. An example would be party A wants to sell his beat up second car. Party A tells party B that his car is for sale. Party B has never seen the second car and assumes party A is selling his good car; the only one party B, thinks party A, owns.

The contract between party A and party B would be void because of mistake of fact. Party A and Party B never had a meeting of the minds on what was being bought/sold so there was no contract.

Under Illinois’s law, like in most states, releases are disfavored, but upheld if there is no fraud, willful and wanton conduct [on the part of the defendant] or legislation prohibiting releases. If those requirements are met the court next looks at the position of the parties to make sure there is no disparity in the bargaining power between the parties. Here because skiing and ski racing is recreational and the plaintiff did not have to race, there was no disparity.

The next requirement is different.

…the question of whether or not an exculpatory clause will be enforced depends upon whether or not defendant’s conduct and the risk of injury inherent in said conduct was of a type intended by the parties to fall within the scope of the clause.

The risk which caused the injury must not be set out specifically in the release; the release must just show that the risk was contemplated by the parties to the release. The court found the release covered the problems the plaintiff claimed injured him.

So Now What?

English: The base of the Nastar course at Indi...

Simply put make sure your release has a broad description of the risk intended to be covered by the release. First start with the life-changing  events, death, quadriplegia, and work your way done to those things that although not of high severity do occur with high frequency.

If you do keep accident reports (see Why accident reports can come back to haunt you.) go through the reports to identify the risks that should be in your release. Always include the loss of property. Dropped phones while riding a ski lift and lost sunglasses whitewater rafting are probably the number one issue that irritates guests. Cover those issues, other minor issues and major problems in your release.

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Newsletter has good ideas, but also misses the mark a little

Church Mutual newsletter needs a little clarification about allowing groups into your facilities.

The article was a newsletter to insured’s and interested parties to help them reduce their exposure to risk. The issue was a question and answer about how you deal with

English: Charles Simms, March 17, 1796, Fire I...

English: Charles Simms, March 17, 1796, Fire Insurance Policy (Photo credit: Wikipedia)

groups that want to use your facility. There were three issues that I think need clarified.

The first was all groups that want to borrow, rent or use your space should provide the owner with a certificate of insurance. The quote was:

Once approved, all groups must provide a certificate of insurance from either a local or national organization as a condition of using our facility.

1.     The Certificate of Insurance should be from a National Insurance Company.

2.     The certificate of Insurance should name your facility or the owner of the facility as an additional insured on the certificate.

3.     The certificate of insurance should also include a copy of the insurance policy. There are a lot of “fake” certificates of insurance and a copy of a policy allows you to call the issuing company and verify the insurance is in force.

The second issue was:

Small groups without insurance are required to sign a waiver stating that the group and individuals will not hold Presbyterian Church of the Master responsible for any injuries or other losses they might incur while on our property.

1.     When a group signs an agreement that says the group will protect the owner of the property from claims, it is called a hold harmless or an indemnification agreement.

2.     A waiver is a release signed by an individual before an accident releasing the other person from any liability.

3.     A hold harmless or indemnification agreement without an insurance policy behind it is worthless. How many groups of “people” have enough money to reimburse you for a claim?

A better approach would be to have each person coming to the event at the facility to sign a release. Yes, it is a pain in the butt, but it is the only real protection you if cannot get a certificate of insurance and a copy of an insurance policy.

The best thing to do is make sure your facility is as safe as you can make it, any non-safe areas or not accessible and the place is clean. Better to not have an accident then it is to try to defend one. In a building situation, it should be fairly easy to have your facility inspected to make sure it is up to code, standards and the latest and greatest for your guests and others.

The final issue was the group using to facility had to abide by the “standards of use.” Have rules that the group agrees to abide by. Make sure the rules are understood. Do not use acronyms, explain everything. If necessary do a walk-through of the property and make sure the renters understand the rules.

Don’t expect the rules to be followed.

See Risk Reporter talks with Woody Burge about facility rental

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Snooze you lose or actually in this case you do it wrong to begin with then you won’t correct it, then you fight about it for a decade, then you lose.

ASTM committee approves standards for zip lines, rope’s courses, challenge courses,

Hochseilgarten Dankern

aerial trekking courses, and canopy tours.

Sid Roslund the National Ski Area Associations Technical Guru announced the other day that ASTM (American Society of Testing and Materials) F24 committee on Amusement Rides and Devices had approved new standards for Aerial Adventure Courses. An aerial adventure course is defined as zip lines, ropes courses, challenge courses, aerial trekking courses, and canopy tours.

This should effectively make the ACCT and the PRCA obsolete.

See http://rec-law.us/T7EAKf

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George Wendt, Founder of OARS will receive the Mark Dubois Award

George deserves it!

The Mark Dubois Award is given by the Friends of the River for accomplishments in saving rivers in California.

This is what the award announcement says about George.

George Wendt’s passion for running rivers was born in the 60’s when he became one of the first 1100 people to descend the seldom-traveled Colorado River through the Grand Canyon.  In the decades since, his rafting company, O.A.R.S., has been an industry leader in environmentally and culturally responsible travel on over 35 rivers and coastlines worldwide. In 2008 and 2009 the company was recognized by National Geographic Adventure as “The Best River & Sea Outfitter on Earth” and George was a recent recipient of the Adventure Travel Trade Association’s Lifetime Achievement award. Over the past four decades, George has donated countless hours and river trips in support of youth, community and conservation causes and his company has introduced more than half a million travelers to the beauty of rivers and the natural world.

The announcement misses a couple of big points.

First, George is a nice guy. You cannot walk into a room and find George and not get a smile on your face. He is always glad to see you, and he is genuine.

First, 2, George made whitewater rafting a business. He took a hobby by many introduced it to 500,000 people over the past 50 years. George started out taking Boy Scouts down the river and has taken everyone from 11 Scouts to heads of state, Hollywood celebrities and everyone in between.

First, 3, George was the first rafting company owner to realize that the voices necessary to keep rivers open and free flowing where on his rafts.

George’s “Firsts” don’t stop there, they go on for five decades.

George is a great guy and deserves this like no one else. His work in saving rivers, his understanding of the connection between his guests and keeping rivers free flowing, his commitment to his staff is amazing.

To watch George talk about his accomplishments see http://rec-law.us/P7qZrt.

Send George a congratulations: george@oars.com

Congratulations George.

What do you think? Leave a comment.

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You don’t ask for help, you don’t pay, you aren’t a member but you sue when you were not properly trained.

Settlement in the Wood River, ID YMCA lawsuit

I wrote about this lawsuit, and the injury right after it happened. See Climbing accident at Ketchum Idaho indoor Climbing Walland Update on climbing wall accident at Wood River YMCA Climbing Wall. A lot, more facts came out in this latest article that makes the plaintiff’s position look weak if not worse.

In this suit, the plaintiff claimed:

LONDON, ENGLAND - JUNE 15:  A climber abseils ...

He contended that the Y was negligent in not training him how to use the climbing equipment and that the rope and self-belay device that he was using suddenly detached from the climbing wall while he was 20 feet up

The YMCA defended saying, “Hopfenbeck had signed a liability release. Furthermore, the Y claimed, he had considerable experience at climbing on indoor walls.”

However, this is the statement that drives me “up a wall.”

In a deposition, Hopfenbeck acknowledged that he had not paid a fee to use the wall, was not a member of the Y in Ketchum and had not asked anyone’s permission to climb. He said he began climbing on his own after taking a ballet class at the Y, but a Y employee did ask him to sign a liability waiver.

When you go use a climbing wall without being a member, without telling anyone, without getting permission to use the wall, how is the Y supposed to train you?

The plaintiff also stated:

Hopfenbeck said another climber there showed him how to use a Grigri belaying device, which can be used to self-belay. He said he practiced with it some, then climbed to the top of the wall and lay back in his harness to rest.

It was the YMCA’s fault he never knew how to use the complicated belay device?

Results – probably not good

This lawsuit was brought in Idaho and settled before the defendant’s motion for summary judgment on the release had been decided by the court. However, I can’t believe that an Idaho jury would allow this plaintiff to recover any money.

How can you trespass, use a device and get hurt then argue you were not trained in how to use the device?

The real problem is there is probably a gate at the Y and the people on the climbing wall probably have a wrist band. YMCA’s all over the world having instituted stricter

A Grigri belaying device from rock climbing fa...

polices (however, I doubt they have updated their releases) to make sure no one climbs the wall without signing a release and receiving instruction.

Any settlement is better than a trial, but sometimes you just want to win because the claims are so outlandish.

I hope they deducted the fee for a YMCA membership the year he was hurt from his settlement.

See YMCA settles negligence lawsuit

What do you think? Leave a comment.

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I’ll be speaking in Deadwood South Dakota at the National Cave Association Meeting

Great Group of People having a Great time and ME!

English: Kostanjevica cave, Slovenia

The National Cave Association is having its annual convention September 24-26, 2012 in Deadwood South Dakota. I’ll be speaking on the risk management and legal issues of operating a cave. If you’re in the area or you do or are interested in operating a commercial cave stop by!

What do you think? Leave a comment.

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