News May 27, 2013
Posted: May 31, 2013 Filed under: Climbing, Cycling, Mountaineering, Paddlesports, Ski Area, Skiing / Snow Boarding | Tags: Alabama, Arapahoe Basin, California, Cycling, Kenai Peninsula, MISSISSIPPI, Mountaineering, Nebraska, Paddlesports, Six Mile Creek, skiing, YMCA Leave a commentRundown of weekly news that might be of interest!
Legal
The age that minors become adults.
I am constantly writing about the different legal issues of minors, here you can check on what that means for your state.
The age when a minor becomes an adult is currently 18 in 47 states. Alabama and Nebraska state law says an adult is someone who is 19 or older and Mississippi an adult is 21 or older.
There are exceptions for all the laws on minority in each state. A minor can become an adult if they marry, if they are emancipated or by special statutory exceptions.
Against the law now for kids to not pay attention?
Parents sue because kids were playing. Group of kids on a YMCA outing to a miniature golf course were playing around. One kid hit another in the mouth with a golf club and injured the girl. The parents are suing for inadequate supervision.
How many adults would you have to have to keep kids from playing around? 10 kids, 20 adults? The only result of these suits is kids are not going to be taken care of by adults except their parents.
Commercial whitewater fatality on the Kenai Peninsula‘s Six Mile Creek.
Skiing
Vail just got bigger!
Vail resorts just signed a 50 year lease to run The Canyons in Utah. This will make the Vail Season pretty amazing. Nine resorts (the PR forgot about #A-Basin) will be available to season pass holders in three states: CO, UT and CA.
Is resort a fake? Town is
New 23 lift resort has been approved in #BC Canada. Approval was granted by a town council of a town that does not exist…..
Paddlesports
Rituals v. Habits
Great article about how commercial boatman, sometimes pick up habits that become rituals in the Grand Canyon.
If you can call water flowing between concrete walls on a concrete floor a river……
The Los Angeles River is now open to the public again. Or at least 2.5 miles of it.
Training
Future Career or future disability
Training kids too hard to early does not create great athletic prodigies, only injuries.
#Nike has stopped its support for #LiveStrong.
Mountaineering
Climb meaning sitting in you easy chair with a beer
New iOs App allows you to climb Mtn Everest.
One way to get down
Video of a base jump? Paraglide off Mt. Everest
Overachievers!
Not satisfied to climb Mt #Everest once, David Liano Gonzalez climbed it twice, in the same season, once from the South Side (Nepalese) and once from the North Side (Chinese).
It’s still climbing….right?
Companies are considering putting a ladder on the Hilliary Step on Mt. Everest. There is already a ladder on the North side.
Nepal demanding payment for summit broadcast
There are actually rules for climbing Mt. #Everest. One of those is you cannot #broadcast from sacred areas. The summit is a sacred area. Now Nepal wants paid for a broadcast.
OR Business
Things change
#Nike has stopped its support for #LiveStrong.
OR Life
Animals are amazing
Video of amazing ways that animals defend themselves.
Oh, I’m a survivor
What happens after 400 years under a #glacier and the glacier retreats? Well if you are a #Moss you start to grow again.
This is just so wrong
10 Apps for Enjoying the Great Outdoors
Environment
With Glaciers retreating the mountains are coming down also.
Cycling
Infographic for cycling pre-ride checklist.
Mind the Ride
A bike riding group, Denver Cruisers (http://rec-law.us/17t1bOD) which rides every Wednesday night around downtown Denver has created a bicycle awareness campaign.
The campaign is pretty stark, very good and great for a group just not to promote themselves.
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
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
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Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
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By Recreation Law Rec-law@recreation-law.com James H. Moss #Authorrank
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The age that minors become adults.
Posted: May 29, 2013 Filed under: Minors, Youth, Children, State | Tags: Adult, Adulthood, Age of Majority, Age of Minority, Alabama, MISSISSIPPI, Nebraska, statute Leave a commentI am constantly writing about the different legal issues of minors, here you can check on what that means for your state.
The age when a minor becomes an adult is currently 18 in 47 states. Alabama and Nebraska state law says an adult is someone who is 19 or older and Mississippi an adult is 21 or older.
There are exceptions for all the laws on minority in each state. A minor can become an adult if they marry, if they are emancipated or by special statutory exceptions.
Age of Majority
|
State |
Statute |
Age of adulthood |
|
Alabama |
Ala. Code tit. § 26-1-1 (age 19) and § 26-10A-2 § 27-14-25, § 27-14-5 (contract for insurance at age 15), § 30-4-16 (18 to get married). |
19 |
|
Alaska |
Alaska Stat. § 25.20.010(1977). |
18 |
|
Ariz. Rev. Stat. § 1-215 (1973). |
18 |
|
|
Arkansas |
Ark. Stat. Ann. § 57-103 (Supp. 1977). |
18 |
|
California |
Cal. Civ. Code § 25 (West Supp. 1978). |
18 |
|
Colorado |
Colo. Rev. Stat. § 13-22-101 (1973) |
18 |
|
Connecticut |
Conn. Gen. Stat. Ann. § 1-1d (West Supp. 1978) |
18 |
|
Delaware |
Del. Code tit. 6 § 2705 (Revised 1974) |
18 |
|
Florida |
Fla. Stat. Ann. § 743.07 (West Supp. 1978) |
18 |
|
Georgia |
Ga. Code Ann. § 74-104 (Revision 1973) |
18 |
|
Hawaii |
Haw. Rev. Stat. § 577-1 (Supp. 1975) |
18 |
|
Idaho |
Idaho Code § 29-101 (1967), § 32-101 (Supp. 1978) |
18 |
|
Illinois |
Ill. Ann. Stat. ch. 3 § 131 (Smith- Hurd 1978) |
18 |
|
Indiana |
Ind. Code Ann. § 34-1-2-5.5 (Burns Supp. 1977) |
18 |
|
Iowa |
Iowa Code Ann. § 599.1 (West Supp. 1978) |
18 |
|
Kansas |
Kan. Stat. Ann. § 38-101 (1973). |
18 |
|
Kentucky |
Ky. Rev. Stat. Ann. § 2.015 (Baldwin 1975) |
18 |
|
Louisiana |
La. Civ. Code Ann. art. 1782 (West 1952), art. 37 (West Supp. 1978) |
18 |
|
Maine |
Me. Rev. Stat. tit. 1 § 73 (Supp. 1973) |
18 |
|
Maryland |
Md. Com. Law Code Ann. § 1-103(a) (1975) |
18 |
|
Massachusetts |
Mass. Ann. Laws. ch. 4, § 7(48) (Michie/Law Coop Supp. 1978) |
18 |
|
Michigan |
Mich. Comp. Laws Ann. § 722.52 (Supp. 1978) |
18 |
|
Minnesota |
Minn. Stat. Ann. § 645.45(14) (West Supp. 1978) |
18 |
|
Mississippi |
Miss. Code Ann. § 1-3-27 (1972) However in other statutes defines minors as over 18 § 81-5-61 (minors may rent safety deposit boxes), § 93-3-11 (homestead exemption), § 93-19-1 (real estate), § 97-37-13 (illegal to give a minor weapons, under age 18), |
21 |
|
Missouri |
Mo. Ann. Stat. § 431.055 (Vernon Supp. 1978) |
18 |
|
Montana |
Mont. Rev. Codes Ann. § 64-101 (Supp. 1977) |
18 |
|
Nebraska |
Neb. Rev. Stat. § 38-101 (Reissue 1974) |
19 |
|
Nevada |
Nev. Rev. Stat. § 129.010 (1977) |
18 |
|
New Hampshire |
N.H. Rev. Stat. Ann. § 21-B:1 (Supp. 1977) |
18 |
|
New Jersey |
N.J. Stat. Ann. § 9:17B-3 (West 1976) |
18 |
|
New Mexico |
N.M. Stat. Ann. § § 12-2-2 (K); 28-6-1 (1978 Replacement Vol.) |
18 |
|
New York |
N.Y. Gen. Oblig. Law § 3-101 (McKinney 1978) |
18 |
|
North Carolina |
N.C. Gen. Stat. § 48A-2 (1976 Replacement Vol.) |
18 |
|
North Dakota |
N.D. Cent. Code § 14-10-01 (1971 Replacement Vol. Supp. 1977) |
18 |
|
Ohio |
Ohio Rev. Code Ann. § 3109.01 (Page Supp. 1977) |
18 |
|
Oklahoma |
Okla. Stat. Ann. tit. 15 § § 11, 13 (West 1972) |
18 |
|
Oregon |
Or. Rev. Stat. § 109.510 (1977 Replacement Vol.) |
18 |
|
Pennsylvania |
73 Pa. Cons. Stat. § 2021 (Purdon Supp. 1978) |
18 |
|
Rhode Island |
R.I. Gen. Laws § 15-12-1 (Supp. 1977) |
18 |
|
South Carolina |
S.C. Const. art. 17 § 14 (1973, amended 1975) |
18 |
|
South Dakota |
S.D. Codified Laws Ann. 26-1-1 (Revision 1976) |
18 |
|
Tennessee |
Tenn. Code Ann. § 1-313 (Supp. 1977) |
18 |
|
Texas |
Tex. Rev. Civ. Stat. Ann. art. 5923b (Vernon Supp. 1978) |
18 |
|
Utah |
Utah Code Ann. § 15-2-1 (Supp. 1977) |
18 |
|
Vermont |
Vt. Stat. Ann. tit. 1 § 173 (Supp. 1978) |
18 |
|
Virginia |
Va. Code § 1-13-42 (1973 Replacement Vol.) |
18 |
|
Washington |
Wash. Rev. Code § 26.28.015 (1976) |
18 |
|
West Virginia |
W. Va. Code § 2-3-1 (Supp. 1978) |
18 |
|
Wisconsin |
Wis. Stat. Ann. § 990.01(20) (West Supp. 1978) |
18 |
|
Wyoming |
Wyo. Stat. § 8-3-103 (a) (i) & (a) (iv), § 16-3-101 (1977) |
18 |
Like everything, statutes change when legislators decide something needs corrected. Although this list is probably fairly stagnant, you should make sure you are aware of the age of adulthood in each of the states where you operate.
What do you think? Leave a comment.
If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn
Copyright 2013 Recreation Law (720) Edit Law
Email: jim@rec-law.us
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
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Alabama Sales Representative
Posted: March 10, 2013 Filed under: Uncategorized | Tags: Alabama, Business, Code of Iowa, Contract, Employment, Independent Contractor, Independent Rep, Manufacture, Rep, Sales, Wage Leave a commentMICHIE’S ALABAMA CODE ANNOTATED
TITLE 8 Commercial Law and Consumer Protection
CHAPTER 24 Sales Representative’s Commission Contracts
Go to the Alabama Code Archive Directory
Code of Ala. § 8-24-1 (2012)
§ 8-24-1. Definitions.
As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) Commission. Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales.
(2) Principal. Any person who does all of the following:
a. Engages in the business of manufacturing, producing, importing, or distributing a product or products for sale to customers who purchase the product or products for resale.
b. Utilizes sales representatives to solicit orders for the product or products.
c. Compensates the sales representatives, in whole or in part, by commission.
(3) Sales representative. Any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal, but does not include a person who places orders or purchases for his or her own account for resale, or a person engaged in home solicitation sales.
(4) Termination. The end of services performed by the sales representative for the principal, whether by discharge, resignation, or expiration of a contract.
§ 8-24-2. Sales representative’s commission contracts; commission due.
(a) The terms of the contract between the principal and sales representative shall determine when a commission is due.
(b) If the time when the commission is due cannot be determined by a contract between the principal and sales representative, the past practices between the parties shall control, or if there are no past practices, the custom and usage prevalent in this state for the business that is the subject of the relationship between the parties shall control.
(c) All commissions that are due at the time of termination of a contract between a sales representative and principal shall be paid within thirty days after the date of termination. Commissions that become due after the termination date shall be paid within thirty days after the date on which the commissions become due.
§ 8-24-3. Failure to pay commission; damages; attorney’s fees.
A principal who fails to pay a commission as required by Section 8-24-2 is liable to the sales representative in a civil action for three times the damages sustained by the sales representative plus reasonable attorney’s fees and court costs.
§ 8-24-4. Nonresident principal; personal jurisdiction.
A principal who is not a resident of this state and who enters into a contract subject to this chapter is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
§ 8-24-5. Waiver void; unrestricted rights or remedies.
(a) This chapter may not be waived, whether by express waiver or by any provision in a contract attempting to make the contract or agreement subject to the laws of another state. A waiver of any provision of this chapter is void.
(b) This chapter does not invalidate or restrict any other right or remedy available to a sales representative or preclude a sales representative from seeking to recover in one action on all claims against a principal.
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Alabama follows the majority of states and does not allow a parent to sign away a minor’s right to sue.
Posted: June 20, 2011 Filed under: Minors, Youth, Children, Release (pre-injury contract not to sue) | Tags: Adventure travel, Alabama, Child, Indiana, JimMoss, Minor, Motorcross, Outdoor recreation, Parental Responsibility, Parental Rights, Rock climbing, United States district court Leave a commentJ.T., Jr., a minor v. Monster Mountain, Llc, 2010 U.S. Dist. LEXIS 130407; 78 Fed. R. Serv. 3d (Callaghan) 182
This is an interesting case based on who actually signed the release on behalf of and in an attempt to bind the minor.
The minor traveled from Indiana to Alabamato ride at the defendant’s motocross facility. The parents of the minor signed a power of attorney giving the
Image via Wikipedia
coach the authority to sign on their behalf “all release of liability and registration forms and to give consent for medical treatment” for the minor while on the trip. This was a proper power of attorney, signed by the parents and notarized.
The coach then registered the plaintiff each day and signed the release on the plaintiff’s behalf.
While riding on the third day the minor went over a jump. While airborne he saw a tractor that had been parked on the track which he collided with. The minor sued in Federal District Court for his injuries claiming the act of leaving the tractor on the track was negligent.
Summary of the case
Under Alabama law, like in most jurisdictions a minor cannot contract. That is done so that adults will not take advantage of minors. The exception to the rule is a minor can contract for necessities. Necessities are food, utilities, etc., those things necessary to live.
Also under Alabama law, and most other states, a parent cannot sign away a minor’s right in advance except in with regard to insurance. A parent can sign away a minor’s right in an insurance policy with regard to the subrogation right in the insurance policy. The court reasoned the minor cannot have the benefits of the insurance without the responsibility also.
So Alabama is like the majority of states. A parent cannot sign away a minor’s right to sue and a minor cannot contract or sign a release.
So Now What?
In most states, the only real defense available to stop a lawsuit by a minor is assumption of the risk. Because a minor cannot contract, the minor cannot agree to assume the risk in writing. You the outdoor business or program must be able to show that you gave the minor the information so the minor knew the risks and accepted them. It is up to the trier of fact to determine if the minor understood those risks.
1. Make your website an information resource. Any and every question about the activity should be there including what the risks are and how to deal with them. Put in pictures, FAQ’s and videos. Show the good and the bad.
2. Provide a bonus or a benefit for completing watching and reviewing the website. If a minor collects the bonus or benefit then you have proof the minor know of the risks.
3. Review the bigger risks and the common ones with all minors before they are allowed to participate in the activity.
4. Still have the parents sign a release. Remember the parents have a right to sue for the minor’s injuries. A release will stop the parent’s suit. Put in the release that the parent has reviewed the website with the minor to make sure the minor understands the risks of the activity.
What do you think? Leave a comment.
Copyright 2011 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
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Recreation Law 