Why do you need an attorney for your Outdoor Recreation business?

The value exceeds a well-written release and getting you out of a jam and cannot be affected by their personal interests. The value is in the interest an attorney is sworn to protect…….Yours.

An attorney cannot have a conflict of interest. When you need advice, you want it to be free of personal or business attachments that may not be in your best interest. That person who can give you that advice is called your attorney. It is solely in your best interest and for you and you alone.

Your other advisors may have conflicts you should understand.

Insurance Company & Insurance Agent

Your insurance agent has different interests than your insurance company. Your agent wants to keep you as a client so you keep paying your insurance premium. His advice, although valuable, is going to be keeping you paying and the insurance company insuring you happy.

Your insurance company has two separate minds. One is focused on marketing, to get you to buy insurance. The other is focused on reducing the amount of money it pays out in claims. They are in two separate divisions, many times two separate buildings, or even states. They do not communicate once you have an issue that shows up in the claim’s division. That division’s advice to you will not be to protect you, but to protect their money.

That does not mean that your insurance agent and insurance company are bad. Most are able to separate their interests from your interests; however, you should know there is a slight conflict there. One that an attorney cannot have.

CPA

Your CPA like your attorney must be independent and will provide great advice when dealing with financial institutions, employee benefits and wages, taxes and valuation. Always keep your CPA happy and close. However, once you leave the financial day to day numbers of your business your CPA can provide little advice.

Other Business people in your community.

Here again, these people are great for general business advice. However few are so dependent on converting someone from non-movement to movement that is done in OR. Convincing someone to buy an ice cream cone is different from convincing them to ride across the sky on a zip line. A slip and fall is the rare claim they must deal with where yours may involve several people and major injuries.

Your Interest and Advice for you Alone

An attorney is used to balancing the various interests you have, to provide you with the advice you need. An Attorney can help you prioritize your issues to assist you in making decisions. After keeping your home safe your first priority, then they can assist in keeping your priorities in order. Keeping your business, keeping your insurance, keeping your clientele, keeping your insurance company from dropping you, keeping your clientele from suing you. Attorneys are there to help you juggle all those responsibilities and issues.

An attorney who specializes in outdoor recreation will know other insurance providers who can provide assistance. An attorney can provide you with solid advice balancing the needs of the insurance company.

The best advice you can get, is from an attorney because your attorney can never be for anyone or protect anyone but you.

 

What do you think? Leave a comment.

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Copyright 2015 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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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,  Attorney, Insurance, Insurance Agent, Insurance Company, Insurance Broker, CPA, Advice, Loyalty, Conflict of Interest,

 


What is the basis for the snowboarder’s lawsuit against ALTA & the USFS? Number 1 question I’ve been asked the last 2 weeks, so I asked

I met the attorney representing the four snowboarders and two of the plaintiff’s in their suit to open ALTA to snowboarding. They are committed and not just 20 something losers in Colorado to check out the lawns…..

Here was the statement on how and why I got from their attorney Jonathan R. Schofield.

Although Alta was one of the first resorts to allow snowboarding, Alta began banning snowboarders from its public land in the 1980s with the approval of the U.S. Forest Service.  Meanwhile, Alta invites “skiers” of all ages and ability levels on this same land regardless of, among other things, the size, shape, or type of “ski” actually used.  For instance, a variety of skis, mono-skis, and even tele-boards are all allowed at Alta, even though they are nearly identical to snowboards in many respects.  On its face, Alta’s no-snowboarding policy treats snowboarders differently than skiers by excluding snowboarders from equal access to public land.

The Constitution guarantees fairness of the laws, and the Equal Protection Clause of the Fourteenth Amendment guarantees that similarly-situated persons will be treated alike unless governmental discrimination is, at a minimum, rationally related to a legitimate interest.  Because Alta operates under a government permit on public land and the Forest Service approves Alta’s actions, Alta and the Forest Service are government actors and their conduct must be lawful under the Equal Protection Clause.  Arguably, Alta has a legitimate interest in safely and effectively operating a ski resort under its permit.  However, as alleged in the lawsuit, there is no rational relationship between Alta’s snowboarding ban and Alta’s interest in operating its resort.  The lawsuit further alleges that the reasons offered to justify the snowboarding ban are mere pretext for animus (dislike) of the type of people believed to be “snowboarders.”  Animus is inherently irrational and can never justify governmental discrimination.

The lawsuit is available in its entirety by clicking here.

If you want to stay on top of the suit, the group has a non-profit called Wasatch Equality, with a website here.

I don’t know if they are going to win, but I bought a t-shirt. J

What do you think? Leave a comment.

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Copyright 2014 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

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

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

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