Outline for Starting a New Outdoor Recreation Business

Updated May 28, 2020

Not every business will follow this outline; however, it provides some basic ideas on when and why you need legal advice to protect your business.

Check back as this page will be updated with new ideas and articles.

Year 1

  1. Create Limited Liability Company for your business: Because the cost of starting an LLC in most states is minimal, start one immediately and start using the name to provide notice that you are doing business as an LLC.

For more information about entity options see: Starting Your Outdoor Recreation Business: Entities and Taxation

  1. Unless you want your business to be a non-profit business, then set up a non-profit corporation.
  2. Even if you expect to go public at a later time, an LLC provides the most protection immediately.
    1. Start the LLC in your own state. If you need to later, you can move the LLC or start another LLC or corporation in a state that might have better laws than your state, such as Delaware.
      1. Compare the cost of starting an LLC in your home state $50-$100 to Delaware, $750.00
  1. Apply for the necessary permits to operate on the land you want to be using.
    1. Inquire with the land managers if there are permits available.
    2. Find out how to apply for a permit and the requirements
    3. Determine if you can get a permit.
    4. Make friends with the person in charge of permits.
  2. Apply for Insurance for your business

    I can provide you with a list of insurance carriers who specialize in Outdoor Recreation Insurance. Email me at mailto:jhmoss@gmail.com?subject=I’m interested in your list of insurance brokers Include your name and contact information and a little about your business.

    1. Basic business liability policy
      1. This provides protections you might need such as someone falling at your office, advertising liability, etc.
    2. Specialty risk policy for your outdoor activity
      1. This provides the protection for the specific activity you want to do.
        1. Make sure it provides coverage for SAR costs.
    3. Commercial Automobile policy
      1. If you are going to transport people, this policy will probably be your most expensive policy so purchase it only when you need it.
  3. Write a Risk-Management Plan
    1. Probably one page long. Any longer and you are writing a plan for attorneys to sue you.
    2. You cannot write a plan that covers every risk you, your employees and your guests are going to encounter. So don’t try.
    3. What you can do is take an ICS course, online, and learn how write a plan that deals with what to do, what you have and who to contact rather than trying to decide how to put out a fire.

    For more on this subject see: Creating Your Risk-Management Plan

  4. Identify classes and education needed by you and your employees for the programs you will be running/teaching/instructing. (Certification is not the key; education is. See Basics of the Article are Good – But it confuses certification, accreditation and most importantly standards.)
    1. First Aid Classes
      1. Dependent upon the distance from Emergency Medical Services
      2. Dependent upon the first aid supplies you can carry.
      3. Dependent upon the injuries you guests & employees may incur.
      1. This is a critical skill set, knowledge and practice to operate on my lands in the US.
    2. Technical Classes (Examples)
      1. Swift Water Rescue
      2. Top Rope
      3. Mountaineering Guide
    3. Classes required by a State of Federal Licensing Agency. (Examples)
      1. Child Care
      2. Health Department Food Preparation
    4. Educational classes(Examples)
      1. Flora, Fauna & Ecosystem training for the area you will be operating.
  5. Create your marketing campaign and social media presence
  6. Contact me to write a release for you.

    Send an email to jhmoss@gmail.com and request the form to fill out to complete a release for your business. Please provide contact information and information about your business.

    1. The release will be based on:
      1. What you intend to do.
      2. On whose land you intend to do it.
      3. The guests you want work with.
      4. The state where you intend to work.
  7. Apply for any state license you need to operate.
    1. Travel Agent License
    2. Transportation license
    3. Outfitter and/or guides licenses
  8. Identify Trade Associations & join.

For more on this see: Why you should always be a member of the trade association that represents the activity you provide?

9. Hire a CPA

Year 2-3

  1. Determine if you need additional Limited Liability companies.
    1. Separate LLC’s for each state you may be operating in.
    2. Separate LLC for the assets you have.
      1. Each piece of Real Estate should be located in its own LLC.
      2. All vehicles should be in a transportation LLC.
    3. Separate LLC’s for each Federal, State or Local Permit
      1. Alternatively, you can keep the permits in your name.

    For more information on this subject see: Why would you create more than one Limited Liability Company for your business?

    Call me to discuss these options and which one is best for you:
    Schedule an Appointment

  2. Write the necessary contracts to operate the different LLC’s
    1. Owner ship of the LLC’s for the different states you are operating in.
    2. Lease Agreements for real estate you are operating on.
    3. Contracts for hiring transportation services for your guests and employees
  3. Review your insurance policies every two years to make sure your coverage is adequate, and you are paying the proper premium.
  4. Create a risk management training program with local Fire, EMS, Law Enforcement and SAR.
  5. Start running background checks on new employees
    1. Do this every year if you are dealing with minors?
  6. Identify State and Local marketing associations and determine the value to your business.
  7. Further Develop Your Marketing Plan
    1. Adjust your marketing plan for the customers you are receiving.
    2. Develop social media presence
    3. Develop a referral program
    4. Develop a local community marketing program
  8. Develop vehicle maintenance programs
  9. Develop equipment maintenance and replacement programs
  10. Hire bookkeeper or payroll firm that works with your CPA.

Year 3-5

  1. Check to see if your release needs updated.
  2. Run background checks on all employees each year.
  3. Develop in-house training programs
    1. First Aid as needed by:
      1. Your Clientele
      2. Your area of operations
      3. Your permit or licenses
  4. Develop a managerial training program
  5. Set up additional LLC’s for holding assets and separating risk
    1. Each parcel of land should be set up in a separate LLC.
      1. Each parcel of land should have a lease agreement with the entity or business using it.
    2. Each high-risk asset should be placed in a separate entity.
      1. Transportation
        1. Each transportation entity should have its own agreement.
    3. Travel Agency
      1. If you are booking more than trips, separate this off to a separate LLC and set it up as a separate travel agency.
  6. Develop equipment and asset replacement plan

Years 5-10

  1. Look at moving assets into a Limited Liability Limited Partnership for greater protection
  2. Look at who is going to take over your business.
    1. Start to create an exit plan
  3. Create Insurance deductible account and fund
    1. Raise your deductible based on the amount of money you have been able to place in the insurance deductible account.
      1. This amount should be a minimum of five times your deductible, possible ten times.

Accreditation is marketing. In fact, it may be why you are being sued.

Marketing is not a way to manage risks or stop lawsuits. Marketing Makes Promises that Risk Management Must Pay For.

In an effort to sell services and promote their organization, many trade associations accredit, certify or anoint its members, with various titles, quasi degrees and paper to put on their wall and website. There is always a charge for the program and in many cases; the trade association’s budget is based on selling this program. Many times, these new programs are sold as a cure-all or at least help in risk management or litigation defense.

They are neither. At best, these are training programs; generally, they have little value other than for marketing. Worse, an accreditation can help you lose a lawsuit.

Several trade associations offer this marketing program as a way to show your future clients that you uphold the standards, or whatever of the trade association. (Ignoring the issue that people want to know if you meet their standards, not those of a trade association.) If you pay for the program you will be inspected/reviewed by “trained” members of the association who, then say you have a qualifying program or not. A trade organization will offer the idea that accreditation can provide risk management or better defenses to litigation. Because the program is up to speed on the latest and greatest or at least the tried and true for its industry.

These generally fail for several reasons.

  • Because no trade association represents a large segment of the industry and in most cases, they represent less than half of the trade. Granted, the better programs are usually members of the trade association, but that still does give them the clout or numbers needed to dictate how a member should run its business.
  • There are dozens of instances where a different way is being used, successfully by other members or non-members of the association. Consequently, the association’s way is proved ineffective or just not the only way.
  • State laws and prior litigation have changed the standards, and the trade association has not caught up making their standards look dated.

On top of that, trade associates move by their members. A new idea developed and used by one member needs to float t the surface and be discovered by the group writing the standards. By the time that happens, the standard is written, vetted, reviewed and published several years have passed. You need to react immediately to changes in your industry, not wait for someone to write it down.

Worse no new ideas are created because of fear that the idea will not qualify under the accreditation program creating liability for the member. If you develop a new way to run a program, that is safer but requires less people, you will be liable if you run the program without the required number of people because the association standard requires it. Even if your new idea has that extra person just standing around.

Marketing is not a defense against a lawsuit.

As much as we may wish, showing that an organization may hold itself to a higher standard to prevent litigation or help win a lawsuit, does not work. Standards of care or levels of doing something are not created by trade associations. The issue at trial is whether or not the defendant in litigation is determined by the jury to have met the standard of care proposed by the Expert Witnesses in the trial. Trying does not change that; trying to be good, trying to stay on top of things, trying to be educated does not cause a change.

In reality, it is a minimum two-step process that keeps one from losing in court. The first step is staying current. The second step is staying above the minimum required level of care a jury will accept. However, even these two steps may not be enough with the volume of information that flows today, and the speed which things change. Again the definition of the problem with trade associations and accreditation. The process to create the process is always behind the time curve. As such, the program that received the blessings of the trade association is probably out of date in a courtroom.

Marketing is simply an attempt to influence the decision making of someone. If that person believes that you are a better organization or offer a better program than your competitor, then your marketing was successful. Factors too numerous to discuss and of little relevance to this article go into marketing and how it influences a person’s decision. If you believe the seal on the door or the diploma on the wall going to influence someone to try your program, then take that route, just make sure you understand what you are buying and why.

On a side note, when I had an office, I had art on the walls, Not a single degree or diploma. In twenty years, only one person asked me where my diplomas were. I did not care to look at diplomas; I wanted to look at wildlife and nature scenes. I was spending more time in the office than anyone. Twenty years and only one person cared what diploma I had.

Someone who arrives at your business is going to have higher expectations. The person who sees the promises your marketing makes is going to expect that level or greater service. That expectation will apply, even if the accreditation has nothing to do with the program or the issues of your guests. You are accredited; therefore, I should not have been hurt.

That does not mean you should not tell the world how great you are. It means you must meet the marketing you are promoting.

Marketing also affects and to some extent, shows the world how you think of yourself. A current example is zip lines. For fifty years zip lines were used by the military to train recruits and by movies about the military to thrill viewers. The next twenty years zip lines were used in team building programs as part of a ropes or challenge course. Now zip lines have been used purely as an amusement device. People go out for a day of zip lining like they used to rent go karts or play a round of golf. Your marketing efforts to steer your possible clients back to the idea of team building are going to interfere and have to overcome the general expectations that zip lines are just fun.

Accreditation meets that same issue in the minds of the people coming to your program. Is the certificate on the wall to show me how good you are or on the wall to convince me not to sue? Alternatively, is the certificate proof that you did not take the proper care of me causing my injury. Marketing to cross purposes or marketing to reverse community beliefs is difficult.

Marketing makes Promises that Risk Management has to Pay For.

As stated earlier, the expectations of someone who has researched your diplomas, seals and other marketing accomplishments are going to have a higher expectation that you are not going to injure them. Your commitment to staying current, your efforts to obtain the seal of approval and the paper on the wall are proof, in your guest’s minds, that you are better than your competitors. Better may mean to provide a better program or service. It better definitely means your participants will not be injured.

The American Camp Association (ACA) has an accreditation program that the ACA recognizes for what it is, a marketing program. “ACA Accreditation: Valuable Marketing Tools.” The web page even makes that known. (http://www.acacamps.org/accreditation/marketing). Numerous other instances can be found where accreditation is synonymous with marketing.

  • Private Duty Service Expansion through Accreditation and Marketing Excellence
  • Importance of Accreditation as a Marketing Strategy
  • Use CLE Accreditation as a Marketing Tool

Marketing is not risk management and not good at providing a defense to litigation. The two are opposite in purpose. Marketing is trying to bring people to the program by telling people the program is great and to some extent, safe. If someone is injured, then the program was not safe and the marketing was not true. Having your marketing turn on you while you are a defendant is one of the worst situations to find yourself when involved in litigation. Having your marketing prove that you were a bad operator is the worst.

That does not mean you should not get the best training you can receive in running your business, no matter what the name of the certificate you receive at the end.

Accreditation does have a legal definition and support.

Accreditation from a legal standpoint is defined by Federal Statutes. The Department of Education oversees accreditation of colleges and universities in the United States. A list of accredited college and universities and the agencies that can accredit a college or university can be found at the Department’s website. (There is also a list of those colleges that are no longer recognized.) The department of education also has a statutory scheme for determining how an educational organization will be accredited, which can be found at USC § 1099b. Recognition of accrediting agency or association.

From a legal standpoint, an accredited educational intuition is on that list. It is eligible for federal and state assistance and students of those colleges are eligible for federal financial aid.

Accreditation from any other organization for any other purpose is done to enhance or market the organization seeking the approval and the agency granting the approval. Let’s first look at what this means.

If you are not seeking to offer federal financial aid to your students or receive federal aid, then accreditation can be anything you want. If you want to be accredited, send me $10.00, and I will accredit you. (You have been accredited by James H. Moss) My accreditation has the same legal value and possibly the same marketing value as any other accreditation you can receive. The issues are not. What was done, but what can you hang on your wall and advertise to prospective clients who make you look good? (The $10 will get you a cheap diploma you have to print yourself.)

A good attorney will always look behind the diploma to see what is being covered up. Throw rugs hide spots on carpets, and pictures hide holes on the wall. Attorneys know that paperwork on the wall may be covering up something that the program felt they lacked. In some cases, he or she may only find a hole in the wall. In many cases, he will see that the accreditation is just marketing. Even without an injury that can be associated with a violation of the accreditation requirements, the attorney will use the accreditation against the organization. As the owner proudly runs through his accomplishments on the witness stand, mentioning that his organization is accredited by XYZ trade association the plaintiffs’ attorney will be prepared.

The plaintiff’s attorney will have gone through each of the accreditation requirements that the organization no longer meets or violated and have the owner admit to the problems. If the accreditation is not really based on any real requirements, (like mine), then that will also be pointed out. Either the organization manager or owner will come away looking like they bought the paper to impress guests, or they earned it and then ignored it. A marketing program gone awry.

In many cases, this “accreditation mills” type of accreditation may be probably safer from a legal perspective. There is no list of items or requirements that can be used to show you violated that as an accredited organization, you should not have broken.

You are, in fact, buying marketing when you seek accreditation. This purchase works both ways providing the accrediting agency with value because they can list the organizations that have received accreditation, thus promoting themselves. The organizations that receive accreditation have come to the trade association for its seal of approval boosting the association’s standings the eyes of the industry.

However, accreditation can have a negative side also. Accreditation usually is accompanied by a list of the requirements that must be met. The more the accrediting organization wants to promote itself the longer the list. For an agency that has been accredited, this list then becomes a set of rules which they have agreed to meet. Any failure to meet these rules or regulations cannot be violated. Example:

If the accreditation says you will have one guide per five guests any variation from this at the time of an injury, and the plaintiffs (injured person) attorney has proof that you violated your own rules or standards of operation. In effect, you have provided the plaintiffs with a list of rules which you have agreed not to violate at risk of losing your accreditation.

If accreditation was a true accreditation, it would be removed when an accredited organization fails to continue to meet accreditation. Remember the Department of Education has that list of colleges that no longer are accredited. I’ve never seen a trade association do this (doesn’t mean they don’t).

By providing the plaintiff’s attorney with a list of requirements for accreditation you have also provided the plaintiff’s attorney with the standards that you have breached. The standard is what a reasonable man or organization would do in your situation. Instead of having to dig and hire expects to achieve that information, the plaintiff only has to look up the requirements for accreditation. If the injured guest, the plaintiff’s attorney’s client, was injured when something on that list was not met, then the attorney has proof of a breach of a standard.

It is irritating to see an expert witness report from the plaintiff that goes through each of the points the defendant missed for the diploma hanging on the wall. Most times the plaintiff’s expert witness was trained by the trade association that created the accreditation.

How do you think the Defendant feels watching someone trained by an association he paid money to join and more money to receive their marketing program testify against them?

In the above case, if the accreditation required one guide per five guests and there were twenty guests than the program needs four guides. If one guide stops to look at a flower or slows to tie his shoe, the program now has one guide per 6 or seven guests. If a guest is injured at that moment, the plaintiff’s attorney will argue that the injury could have been prevented with more guides, the standard required a specific number of guides, the defendant organization knew it needed more guides, (it was accredited) and if failed to provide the necessary number of guides.

Accreditation, like any outside review can cost you.

Whenever you have someone come into a program and provide you with a review of your program, that review may come back to haunt you. It is subject to discovery in litigation. Discovery means any document or witness that may have information that may lead to information about the case must be provided to the opposing side. Any document, such as an accreditation review, whether you passed it or not, must be given to the opposing side. Consequently, you want to make sure that any outside review is done in a professional manner and that negative comments and issues are either handled correctly, fixed immediately, or are not part of the written review.

Accreditation has greater value, greater weight for the plaintiff when you have failed to meet the requirements you paid to have reviewed. If the accreditation was so valuable to you, it cost you time and money to receive, how could you, then ignore it without violating the rules?

An example of this that went wrong is the case of Adam Dzialo. (See Marketing is marketing and Risk Management is not marketing, http://rec-law.us/1bPWl1c; Money is important in some lawsuits, but the emotions that start a lawsuit., http://rec-law.us/xbSs4M; Serious Disconnect: Why people sue., http://rec-law.us/wm2cBn, Wow, someone apologized, http://rec-law.us/xEIujw) Adam was enrolled in a summer camp run by Greenfield Community College. The college had just undergone a review to achieve accreditation. The accreditation report stated the number of instructors for the whitewater class was insufficient. Adam suffered a leg entrapment during a whitewater class suffering permanent brain injuries. The number of instructors for the class was below the number required to achieve accreditation, and this became a major issue during the litigation. The review provided in the accreditation process was used by the plaintiff to argue the defendant was negligent.

The defendant was told their program was insufficient, and they ignored that notice. Is the defendant liable?!

Accreditation from the perspective of an advanced degree

If you do not want your program to be marketed as an amusement but something that provides greater benefits, you might align yourself with educational organizations. As such, an “accreditation” may add that aura of validity as an educational organization rather than a summer camp. No matter that most kids would rather go to a fun summer camp than an educational one. (Not that those concepts are totally separate.)

In a courtroom, however, the marketing will be stripped bare and what you are will be laid out in the courtroom. No matter how much money you spend on marketing, if the jury sees you as an amusement park, you are an amusement park, and your marketing program will be exposed as a ruse.

It is easy to strip away an accreditation program. A plaintiff’s lawyer simply goes to the list of developed by the US Department of Education of accreditation agencies and looks for the association that accredited you. As the defendant, you are then in a position of trying to prove the value of your accreditation or diploma on the wall. What did you pay for it and why? What value does it really have? If it is not recognized, isn’t it no more than a marketing program or worse a scam.

The department of education has a statutory scheme for determining how an educational organization will be accredited. USC § 1099b. Recognition of accrediting agency or association. The department of education itself does not accredit educational institutions.

Many times an accrediting association believes that by creating a list of objectives, rules and items to meet the accrediting goals, they have done a good job. In essence, the more rules and paper the better the accreditation. However, as the Department of Education and as most people already know, more does not mean better. The accreditation is based on the “the institution’s mission, goals and objectives, resources and resource allocation, student admission requirements, student support services and the quality of the faculty and educational offerings.” The accreditation is based on the college’s goals as well as the accrediting organizations’ goals.

More may mean very bad.

One of the basic tenets of education is teaching. Helping the student understand, comprehend and be able to use the knowledge gained. One of the tenets of accreditation is the educational organization employs instructors who know the subject matter of what they are teaching but also employs people who have been trained to teach. Very few association accreditation checklists look at whether the instructors have degrees in teaching.

Accreditation at best is just one of many ways an organization can show they strive to be as good as they can and to maintain good practices. It is among a list of things that an organization can do. That other equally important, if not more important items include constant training of employees, maintain professional relationships with trade associations and attending conferences, staying current in the industry. However, the paper on the wall or the seal of approval on the front door, do not prove that this was either effective or provides any protection. The issue is and always has been doing the defendant organization breach a duty of care to the injured plaintiff.

So, what does it mean when you do not meet the standards or accreditation of the trade association when someone was injured?

A legal duty is the duty owed to the plaintiff or what would a reasonable person do in the defendant’s situation. Duty is the first of four steps that the plaintiff must prove to prove negligence. Those steps are:

  • Duty
  • Breach of a duty
  • Injury proximately caused by the breach of duty.
  • Damages from the injury

For the plaintiff to win his or her lawsuit, the plaintiff must prove all four elements of negligence. As you can see, nothing in the definition of negligence is based on the diplomas on the wall or the certificates in a file.

The hardest part of any negligence suit to prove for the plaintiff is, was there a duty and a breach of the duty. Duty is defined as the standard of care of a reasonable person or organization in the same position as the defendant. Normally, the plaintiff and his or her attorney would hire expert witnesses to determine if the duty was breached. However, if there is a written document which the defendant has agreed to abide by in running his or her organization, the written document will be substituted by the plaintiff as the standard of care. Those requirements that you met to be accredited are then transposed by the plaintiff as the standards of care that you agreed to meet. Your agreement to meet those requirements is evidence by you proclaiming them to the guests.

By agreeing to them or by calling them standards, it is a foregone conclusion, almost, that, that is the standard of care you breached.

In effect, once accreditation is obtained, it becomes the level of operation that the organization can never fall below. It becomes a list of requirements the organization must always meet every day.

Accreditation or lack thereof, can also come back to haunt you in another way. Like any misrepresentation, if you claim you have a level of training or skill, and you don’t. That is misrepresentation or fraud. Even if the accreditation has no value as a defense and is only a marketing ploy, failure to have what you claim is fraud, and you are liable for any injury your misrepresentation caused.

A good example of that is you are accredited by XYZ Association on January 1, 2012 for a three-year term. Your accreditation says you have your staff trained in current CPR. In January of 2014, the American Red Cross changes how CPR is taught, and none of your staff are current. In fact, 99% of the people trained in CPR are no longer current. If on January 2, 2014, you have someone have a heart attack on your property who dies, are you liable because you stated and held yourself out as being accredited and yet you were not?

Professional relationships, membership in trade associations, employee training and staying current rarely have the possible kick back that the certificate on the wall may have. Those ways of maintaining professionalism do not come with a list of ways that you have failed to be professional.

Another way that any type of training can come back to haunt an industry is in raising the expectation of the guests of the industry above the normal level of care.

Any value of accreditation that once existed has been diluted by its adoption by numerous other industries. Once the sole domain of higher education, as stated earlier anyone and everyone are now offering accreditation for anything and everything. As such, the term has lost any significance in its value to the public. And that value has always been as a marketing tool rather than a legal defense.

Accreditation to be valuable must occur regularly and be current.

Another major issue is once a program receives accreditation. The program ceases to stay current. The program rests on its laurels on in this case the accreditation. The accreditation provides a false sense of accomplishment and finality, when just the opposite is true.

Staying current in an industry is the only way to stay in the winning column in litigation.

Major Organizations do not offer Accreditation.

Very few trade associations offer accreditation. They know that the cost of keeping the accreditation up to the level it should be along with the risk it subjects its membership too, do not justify the time and expense. Some of the organizations that do not offer accreditation in the outdoor recreation industry are the National Ski Area Association, Boy Scouts of America, Girl Scouts of America and America Outdoors. All of these organizations represent large groups of people. Commercial or business ventures that are serious about their business and represent a large segment of their industry.

Is Accreditation bad?

No accreditation is not a bad thing, unless you are sold on the idea and achieve the accreditation on a mistaken theory that it will assist in either staying out of court or winning in court.

However, like all programs you must know what you are buying. No longer are the days of caveat emptor the rule of the day. That legal pronouncement was created when determining the age of your transportation consisted of looking at the horse’s teeth and walking around the animal. Now days you can look at a car engine for hours and never know if it will run for a day or a lifetime.

The plaintiff is opening your program’s hood and looking forward to seeing if your program runs. You are saying it will because of the paper on the wall or the seal on your website. The trade association went through a checklist of items and issues to hand you a piece of paper. None of those items can guaranty the safety of the guest. All of those items can be used by the guest to prove the program liable and hold you and the trade association accountable.

As it applies to you when you are looking at marketing your program as well as when your clients are looking at your program. If you believe that a marketing program will protect you, you are not studying the program hard enough. Neither will accreditation guaranty the safety of your guests.

  1. Make sure you know what you are accomplishing before you start.
  2. Justify why you are going down that route.
  3. Make sure if your path can be interpreted two ways, that you cover both options to make them good ideas.
  4. If you find problems fix them immediately.
  5. You understand the difference between risk management and marketing.

References:

The Database of Accredited Postsecondary Institutions and Programs

What do you think? Leave a comment.

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Copyright 2018 Recreation Law (720) Edit Law

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© 2018 Recreation Law    Rec-law@recreation-law.com    James H. Moss


Rules support lawsuits. Education supports the program.

The longer I work in this industry, the more I believe a couple of things.

1.     We can’t keep people safe or accident free. Any program anyone advocating this position is ignoring the realities of life.

        You can have the safest ropes’ course or zip line in the world, and someone can fall down on the stairs leading to the first element. You can bubble wrap a kid and stick him in a padded room, and he can get hurt. Stick two kids in the room and both will get hurt.

        This does not mean you should not attempt to run a safe program within industry standards. What it means is the industry standards and the “people” promoting them should accept the realities of life.

        If you are working with someone promising to make your program safe, they are lying to you. Remember you have a first-aid kit at home and most people die in the bathroom. People are going to get hurt in your program at some point if you are running long enough.

2.     Since people get hurt no matter what we do, we might as well be prepared for it. Prepared means you and them. Prepared means knowing the most likely reasons why and how people get hurt at your program. Prepared means have the appropriate first-aid kit and training. However, your preparation is not enough.

        Your guests need to be prepared also.

3.     The best way to keep people from getting hurt is to educate them. Padding, protecting and eliminating only goes so far. People fall getting into and out of their cars in your parking lot. You can pad our parking lot, or you can know it is going to happen and be prepared.

        People, hopefully, know their cars and parking lots. However, you program is a big blank in their knowledge inventory. If they get hurt getting out of their car, they can get hurt getting into your boat, into your harness, into any part of your program. People get hurt before the program begins and yet 99% of the work to keep people safe, we all (including me) do is just about the program.

        (At the same time writing an article about the dangers of sidewalks or parking lot risks is just not fun.)

4.     Rules (laws), regulations and industry standards don’t work. The number-one reason they don’t work is your customers don’t know or understand them. On top of that they don’t know or understand what the rules are supposed to do or why. The more rules you make for your program the more ways you set yourself up for a lawsuit. The more an industry works to make standards/regulations the more ways your participant can break one with no idea what why or how.

        Your risk management manual, emergency plan or other such as documents are probably more helpful to the plaintiff in a lawsuit than to your defense.

Rules support lawsuits. Education supports the program.

Concentrate on educating your customers then. This does not mean to ignore changes in the industry that might make the program safer. This means that you can do more to keep someone’s safe if they understand how they are going to get hurt.

The legal principle of assumption of the risk was based on this. If you knew what you were getting into and got hurt you could not sue. This still holds true in most states for sports or recreational activities.

More importantly you are doing your customers a better service of educating them rather than threatening them. (Most releases contain several threats if you read them.)

Even better and ignoring the legal issues, participants who understand what they are getting into will have a better time. Their chances of getting hurt will be reduced and consequently, the entire trip will be better with no injuries. Your guests can reach for their goals of entertainment, enjoyment or growth and still present a great program to them.

·         Education is better than a threat. It worked for you.

·         Education is better than a release; one lasts forever, and the other one is hopefully never used.

·         Education shows you care, not that you don’t care.

Make your program safe but make your guests or participants knowledgeable. Help them understand their safety, their risk and their responsibility to keep themselves safe.

You and your program will be better off, and your guests will have been more fun.

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Author: Outdoor Recreation Insurance, Risk Management and Law

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16th issue of the JOREL Published – Volume 6(2)

16th issue of the JOREL Published – Volume 6(2)

Bowling Green, Ky. The Western Kentucky University Research Foundation, the Association of Outdoor Recreation and Education; and the Wilderness Education Association are pleased to announce publication of Volume 6(2) of the Journal of Outdoor Recreation, Education, and Leadership.

The Journal of Outdoor Recreation, Education, and Leadership publishes quality manuscripts to disseminate the latest knowledge related to outdoor recreation, education, and leadership to help develop theory and practice. The journal seeks quantitative and/or qualitative research findings; conceptual or theoretical discussions; or program practices. Relevant topic areas (centered on outdoor recreation, outdoor education, or outdoor leadership) for the journal include, but are not limited to: outdoor recreation, adventure recreation, outdoor education, outdoor leadership, pedagogy, administration, programming, risk management, wilderness medicine, certification, participant behavior, trends, diversity, training, and outcomes. Authors may consider submitting a manuscript in any one of the following three categories: (a) Regular Papers; (b) Essays, Practices, and Commentaries;and (c) Research Notes. Descriptions of the manuscript categories can be found on the JOREL website.

All previously published JOREL articles (excluding those in our 6 month embargo) are now indexed and have full text coverage. For specific details please visit the following url: http://digitalcommons.wku.edu/jorel/about.html#indexing/

Abstracts (free) and full articles (available by subscription) are available at www.ejorel.com. Volume 6(2) includes the following:

Editors’ Notes

  1. Celebrating the Past and Looking Ahead: Editors’ Notes (Andrew J. Bobilya and Raymond Poff)

Regular Papers

  1. The illusion of competence: Increasing self-efficacy in outdoor leaders (Scott A. Schumann, Jim Sibthorp, and Douglas Hacker)
  1. Identifying with the Gunks: Investigating the effect of serious leisure participation and place attachment on environmental concern among traditional climbers (William Richard Wilson, Andrew M. Szolosi, Bruce Martin, and Stephen Scanlan)
  1. Comparing day users’ and overnight visitors’ attitudes concerning Leave No Trace (B. Derrick Taff, Peter Newman, Wade M. Vagias, and Ben Lawhon)

Essays, Practices, and Commentaries

  1. Obesity-stigma and the “Why Try” model: Implications for outdoor recreation constraint negotiation (Stephen T. Lewis and Gretchen C. Newhouse)
  1. Outdoor investigations to connect water to you (Kathi A. McDowell, Martha Y. Parrott, and Pamela D. Christol)

Research Symposium Abstracts (2013 AORE Research Symposium)

  1. Connecting with nature: A matter of significance [introduction](Andrew W. Szolosi and Raymond A. Poff)
  2. Mapping the connections between wildlife, learning, and emotion(Jonathan R. Hicks)
  3. Investigating climbing as a spiritual experience(Michael Pond, Bruce Martin, Elizabeth Collins, and Andrew Szolosi)
  4. Environmental attitudes of students enrolled in adventure programming classes(Geneviève Marchand)
  5. Exploring the relationship between the facilitator and fidelity(Ryan J. Gagnon)

Other Journals’ Table of Contents

  1. Australian Journal of Outdoor Education (AJOE) Table of Contents, Volume 17(2)
  1. Journal of Adventure Education and Outdoor Learning (JAEOL) Table of Contents, Volume 14(3)
  1. Journal of Experiential Education (JEE) Table of Contents, Volume 37(3)

The journal advisory group (representing AORE, WEA, and WKURF) includes: Raymond Poff, Ph.D., Western Kentucky University; Eric Frauman, Ph.D., Appalachian State University; Connie Foster, MLS, Western Kentucky University; Rose Verbos, University of Utah; Nate Furman, Ph.D., University of Utah; and Jerel Cowan, Ph.D., University of Central Oklahoma.

Support for The Journal of Outdoor Recreation, Education, and Leadership

The journal, hosted at WKU, uses resources available through TopSCHOLAR® http://digitalcommons.wku.edu/ a University-wide, centralized digital repository dedicated to scholarly research, creative activity and other full-text learning resources that merit enduring and archival value and permanent access. TopSCHOLAR® uses the Digital Commons platform from Berkeley Electronic Press http://www.bepress.com

The Association of Outdoor Recreation and Education (AORE) http://www.aore.org/ provides opportunities for professionals and students in the field of outdoor recreation and education to exchange information, promote the preservation and conservation of the natural environment, and address issues common to college, university, community, military, and other not-for-profit outdoor recreation and education programs.

The Wilderness Education Association (WEA) http://www.weainfo.org/ promotes the professionalism of outdoor leadership through establishment of national standards, curriculum design, implementation, advocacy, and research driven initiatives.

The Western Kentucky University Research Foundation (WKURF) http://www.wku.edu/wkurf/ is organized to support Western Kentucky University efforts to promote the development, implementation, and coordination of extramurally sponsored programs involving research, instruction, public service, and to legally protect, manage and commercialize intellectual property resulting from research, scholarship and creative activities on behalf of Western Kentucky University.

JOREL v6 i2 News Release.pdf


Be a Changemaker in the Environmental Ed Movement- CAEE Friend Fundraiser-Wynkoop Brewery

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Join the Colorado Alliance for Environmental Education

for the annual

EE Changemaker Friend and Fundraiser

Wednesday, November 5, 2014

5:00-7:30p.m.

VIP Reception 4:00-5:00p.m.

Wynkoop Brewery, Denver

~Help build the movement toward 100% environmentally literacy in Colorado~

Come for a bE.E.r and brew a movement for sustainability. Participate in a live auction to win weekend getaways, recreation equipment, and super food.

Tickets

$25/person Spark: Come for Happy Hour and brew a movement for Sustainability.
$50/person Catalyst: Includes Happy Hour, Specialized “EE” Beer, and Green Brewery Tour
$75/person Changemaker: Includes Happy Hour, Specialized “EE” Beer, and VIP Reception with Special Guest
Start the movement. Register to attend today.
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Event Preview

4:00-5:00Private VIP Receptionwith Special Guest 5:00Changemaker Friend and Fundraiser 6:45 Wynkoop GreenBrewery Tour
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We welcome you to invite friends and colleagues who share our passion for environmental education to this inspiring event!

CAEE: Catalyzing the Collective Power of Environmental Educators576996752_731eddfdbb.jpgMahatma Gandhi once said, “We must be the change we wish to see in the world.” Every day, environmental educators embody this philosophy. Classroom teachers, natural resource professionals, business role models, government agencies and others are ensuring that Coloradans have the knowledge and skills to make informed decisions about the environment. CAEE is catalyzing the collective power of environmental educators. Will you join us to build an environmental literacy movement that supports healthy environments and thriving communities throughout Colorado?
Other CAEE AnnouncementDue Monday, October 27, 2014-Submit a Session Proposal*2015 Advancing Environmental Education ConferenceExplore Research, Elevate Practice, Spark Collaborations

Friday, March 27-Saturday, March 28, 2015- Auraria Campus-Denver

Help explore, elevate and spark environmental education by presenting at CAEE’s 15th annual Colorado’s Advancing Environmental Education Conference

(also known as Teaching Outside the Box).

CAEE is seeking session proposals that highlight environmental education (EE) approaches and capacity building from a variety of backgrounds, sectors and focus areas, and in particular the connections between EE research, practices and collaborations that offer tangible takeaways for participants.

Click here for more information about submitting a session proposal

*We prefer sessions to be submitted by October 27, however, if you need a little more time, please email info for an extension.

CAEE Logo Simple BWCOLORADO ALLIANCE FOR ENVIRONMENTAL EDUCATION152060 South Golden RoadGolden, Colorado 80401

303-273-9527

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Keep a kid safe for a minute or help them learn to be safe for a lifetime!

Research shows that just saying don’t do that doesn’t work. You have to give kids the knowledge to learn how to evaluate the risks of life.

A study published in the Journal of Pediatric Psychology shows that taking the time to explain the risks to a child is better than saying don’t do that. This allows the child to understand why and even better it provides the child with the tools to learn to evaluate all of the risks he or she will face in life.

Kids take risks not to take risks, but because they don’t know what the dangers are. More importantly children have no ability to evaluate the risks. You don’t know something is going to hurt unless you learn. There are two ways to learn.

1.   Get hurt

2.   Have someone explain the reasons and risks to you.

However the study did say there are still children who are prone to get hurt. When they grow up they are called guides!  J

See Explain the Present Danger to Children So They Stay Safe

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

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Environmental Education Giving Week April 16-22

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The EE News YOU need

CAEE Weekly Happenings- April 4, 2014

Save the Date:

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Give Today. Support Tomorrow.

Celebrate Earth Day this year by supporting the dedicated educators in Colorado who work every day to create a better world through environmental education.

EE Giving Week 2014

CAEE is teaming up with the North American Association for Environmental Education and its Affiliate Network to create more visibility and support for EE across the globe. The funds raised on our giving page will come back to CAEE to advance EE locally and 5% will go to benefit NAAEE, as our voice at the national level.

By giving to CAEE, you will support local educators as well as state, national, and global efforts to improve education and care for the environment in which we live.

GivEE Colorado!

We need your help to advance environmental education! Please save the date and support EE April 16-22!

Call 303-273-9527303-273-9527 or email us if you have questions! Thank you for your support of EE!

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Phone: 303-273-9527303-273-9527

Fax: 303-273-5780

E-mail: infohttp://www.caee.org


Academy of Leisure Sciences (ALS) Future Scholars Program

The purpose of the Future Scholars Program is to provide master’s degree students who are interested (in the next few years) in pursuing a doctorate in an area related to recreation and leisure studies the opportunity to meet some of the outstanding researchers and scholars in the field. Selected applicants will be invited to attend the NRPA Annual Congress as guests of the ALS and the NRPA Education Network. The Future Scholars will receive $1,000 to cover transportation, lodging, and meal expenses. Future Scholars are expected to register for the NRPA conference at the student rate.

Future Scholars Program

Thank you for your interest in the Academy of Leisure Sciences (ALS) Future Scholars Program sponsored by the ALS with support from the National Recreation and Park Association (NRPA) Education Network. This packet includes information that you will need to complete your application.

This year’s conference will be held from October 14 to 16, 2014 in Charlotte, North Carolina. At the conference, Future Scholars will be paired with a mentor and have an opportunity to interact with scholars in the field. In addition, Future Scholars will attend meetings hosted by the Academy of Leisure Sciences, the Leisure Research Symposium, and the NRPA Education Network; go to NRPA educational sessions; and participate in social functions. This will be an excellent opportunity for Future Scholars to ask questions about the field and inquire about doctoral program opportunities.

Applications should be submitted to Dr. Deb Kerstetter (debk@psu.edu) as an email attachment (.docx or .pdf formatted) by midnight April 18, 2014.

Best wishes and thank you for your interest in the Future Scholars program!

The 2014 ALS Future Scholars Program Committee Members

FUTURE SCHOLARS PROGRAM

The purpose of the ALS Future Scholars Program is to provide graduate students who are interested in pursuing a doctorate in an area related to recreation and leisure studies the opportunity to meet some of the outstanding scholars in the field by attending the NRPA National Congress.

ELIGIBILITY

Individuals who meet all of the following criteria are eligible to apply:

             currently enrolled in, or have completed a master’s degree in the leisure field;

             have a grade point average of at least 3.0 (on a 4.0 scale) during both undergraduate and graduate studies;

             Is not committed to, nor enrolled in, doctoral study at a particular university at the time of application and conference attendance;

             has plans to initiate doctoral studies within the next three years;

             is interested in pursuing a doctoral degree in recreation and parks, leisure studies, tourism, or related discipline;

             has the written support of a faculty sponsor; and

             can attend the 2014 NRPA National Congress.

SELECTION CRITERIA

Members of the 2014 ALS Future Scholars Program Committee will review all applicants using the following criteria:

             academic ability (based on GPA and Faculty Sponsor letter);

             indications of scholarly potential in the field (based on publications, presentations, research experience, applicant’s cover letter, and/or Faculty Sponsor letter);

             strength of intention to pursue doctoral studies in a leisure-related subject (based on applicant’s cover letter and Faculty Sponsor letter); and

             general level of professionalism (based on format and depth of application materials, presentation of written materials, and professional involvement).

What do you think? Leave a comment.

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Copyright 2014 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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ANNOUNCING THE ACADEMY FOR PARK & RECREATION ADMINISTRATION BEST DISSERTATION AWARD ANNUAL COMPETITION

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The Academy (AAPRA) is an organization of distinguished practitioners and scholars committed to the advancement of the park and recreation field. We have three primary purposes:

1.       The purpose of the Academy is to advance knowledge related to the administration of public parks and recreation.

2.       To encourage scholarly efforts both by practitioners and educators to enhance the practice of public parks and recreation administration, and to promote broader public understanding of the importance of public parks and recreation to the public good.

3.       To conduct research, publish scholarly papers, and/or sponsor seminars related to the advancement of public parks and recreation administration.

 

DESCRIPTION: In light of the Academy’s focus, we host an annual competition that alternates yearly between best paper and best doctoral dissertation.  In even numbered years (e.g. 2014) we host the BEST DOCTORAL DISSERTATION AWARD.

TIMELINE: The Call for Papers goes out to colleges and universities that have known parks and recreation degree programs each year. In March, students submit abstracts/executive summaries for consideration. The Selection Committee narrows down the submissions to the top three entries and, in May those students are invited to submit a copy of the dissertation. Competition participants are notified in early July as to the status of their entry. A presentation to the awardee is made at the AAPRA Annual Business meeting, which is held in conjunction with the National Recreation and Park Association Annual Congress each fall.

THE AWARD:

The Best Dissertation Award Winner receives $1,000 and up to $500 to assist with travel expenses to the Annual Meeting. In addition, the Academy works to have the executive summary published in a professional publication. The two Runners-Up receive public recognition and Certificates of Merit for their outstanding work.

 

 

 

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BEST PAPER/BEST DISSERTATION 
AWARD COMPETITION

 

ELIGIBILITY

1.       For the dissertation award, the submission must have been written as a dissertation in partial fulfillment of the requirements for a doctoral degree.

2.       The paper must have been completed in the previous two (2) calendar years (2012 or 2013).

3.       The paper should make a contribution to scholarly literature and have clear implications for the improved practice of park and recreation administration.

4.       The writer of the winning paper must personally attend the Academy’s annual meeting during the National Recreation and Park Association’s Annual Congress and present a five (5) minute synopsis of the paper.

ENTRY PROCEDURE

1.       An electronic copy of an executive summary of the paper, not exceeding 1000 words is be submitted to the Chair of the Academy’s Best Paper Award Committee (Chris Nunes, Ph.D, CPRE Director of Parks and Recreation, The Woodlands Township, Texas at cnunes@thewoodlandstownship-tx.gov).  Summaries exceeding this word limit will not be considered.  Submittals are due no later than March 14, 2014.

2.       Only the title of the paper should appear on the executive summary (no personally identifying information). Include a separate cover page that identifies the: student’s name, current email address and phone number; guiding professor’s name, current email address and phone number; date on which the paper was completed; and title of the paper.

3.       The Academy’s Best Paper Award Committee will undertake a blind review of the executive summary.

4.       Writers of the three (3) executive summaries that receive the highest ratings will be requested to submit a full electronic copy of their paper to the Committee Chair. The committee will then review each paper and select the winner.

REVIEW CRITERIA

A committee of Academy members will evaluate the executive summaries and the invited full papers using the following weighted scoring system:

1.       RELATIONSHIP TO PARK AND RECREATION ADMINISTRATION (15 pts)

        The subject matter must relate to park and recreation administration in some way. While it may use a separate disciplinary approach – for example, management, marketing, economics, financing, evaluation, or social psychology – it must have relevance to park and recreation administration in the broad context. Given these parameters, is the topic timely and of importance?

2.       QUALITY OF THE PROBLEM DEVELOPMENT (25 pts)

        The methodology should be clearly presented and demonstrate knowledge of techniques appropriate to the research and its objectives (research questions, hypotheses). Methodological quality should be judged in the context of the discipline and appropriateness to the study. For example, economic studies are likely to utilize a different methodology from those pertaining to management. Similarly, ease study, quantitative, historical, and phenomenological studies will adopt different methodologies.

3.       CREATIVE APPROACH (20 pts)

        The study should make a creative contribution to the discipline and/or profession. Does the study examine a new problem? Does the study make a creative contribution to the knowledge of park and recreation administration? Does the study use new techniques to examine an old problem? Does the study extend the topic beyond our present understanding?

4.       USEFULNESS AND APPLICABILITY (20 pts)

        While the development of theory is important, the study should have implications for the improved practice of park and recreation administration. This criterion is concerned with measuring the application to practice.

5.       QUALITY OF PRESENTATION (20 pts)

        The quality of the writing, including readability and use of graphics, is measured by this criterion. Although technical jargon may be necessary, practitioners should understand the writing. Overall organization, continuity and clarity, along with the quality of the style and grammar fall within this criterion.

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Colorado Alliance for Environmental Education is looking for sponsors for its Teaching Outside the Box Conference.

The Conference is packed with great sessions on a variety of topCAEEics and from a variety of talented presenters. Megan Wilhite (CPW) and Lisa Eadens will be presenting about the Careers in Natural Resources Initiative along with several other presentations highlighting ways to engage youth, promote inclusiveness, and build a successful career path.

 

The Colorado Alliance for Environmental Education would like to announce an opportunity to attend, exhibit or sponsor at our upcoming Teaching Outside the Box Conference and Awards for Excellence in Environmental Education-March 20th-22nd.

 

Below is more information on the conference as well as a reminder to sign up for the Careers in Natural Resources Summit on February 18.

 

Teaching Outside the Box (TOTB) Conference & Awards for Excellence in Environmental Education Celebration

 

Conference Dates:       Thursday, March 20- Saturday, March 22, 2014

 

Awards Banquet Date:  Friday, March 21, 2014, 6:00-9:00pm

 

Location:    University of Denver

 

Join the Colorado Alliance for Environmental Education for the opportunity to connect, share, learn and

 

English: Environmental Education in Pemba, Tan...

English: Environmental Education in Pemba, Tanzania (Photo credit: Wikipedia)

celebrate the great work and accomplishments of the environmental education community!

 

Teaching Outside the Box Conference: Participants can enjoy one or two days of sessions, roundtable discussions, networking opportunities, and inspiring keynotes. Click here for general information on the conference as well as specific information on the following conference components.  Register by February 24 for discounted early bird rates!

 

Conference Sessions Online: The conference offers a variety of interesting session topics for both formal and non-formal educators and administrators/managers. Click here for the full session listings.

 

Exhibitors-Register by February 7: If you are interested in showcasing your organization, program, and/or products/services as a conference exhibitor, please register by February 7.  There are a limited number of exhibitor spaces and are accepted on a first come, first serve basis. Click here for more information.

 

Sponsorship & Booklet Ads-Request By February 13: If you are interested in sponsorship opportunities at the conference and/or awards banquet through in-kind donations, monetary sponsorship or advertisement in the event booklet, click here for more information.

 

Awards for Excellence in Environmental Education Banquet: Each year individuals and organizations from around the state of Colorado are recognized and honored for their hard work and dedication in the field of environmental education.  Come network and celebrate Friday night of the conference at the awards banquet. Click here for more information on this event and the 2013 award recipients.

 

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Copyright 2013 Recreation Law (720) Edit Law

 

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

 

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#RecreationLaw, #Recreation-Law.com, #OutdoorLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #law, #TravelLaw, #JimMoss, #JamesHMoss, #Tourism, #AdventureTourism, #Rec-Law, #RiskManagement, #CyclingLaw, #BicyclingLaw, #FitnessLaw, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Good Samaritan, Samaritan, First Aid, CAEE, Teaching Outside the Box, Environmental Education, Environmental Educators, Training, Colorado Association of Environmental Educators,

 

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Are we using safety as an excuse not to spend time with people? Is here, “wear your helmet” taking the place of let me show you how to ride a bike?

Is our focus on safety an excuse allowing us to ignore safety? Safety is not in a helmet, padding or rules. Safety is knowing what to do, how to do something and what not to do. Education is safety.

jeremy swanson aspen 66

jeremy swanson aspen 66

It takes time to teach a kid how to ride a bike. It takes a long time to learn how to rock climb and place

protection. It takes a lifetime; sometimes short, to be a successful mountaineer.

A lot of climbers are taking shortcuts, it is easier to buy experience rather than gain it. However that is at least experience, time, someone to critique, lend support and at the right moment scream “don’t do that!”

You can’t buy a helmet and a safe bicycle and expect a child to not be injured.

You can’t rent a helmet and skis and expect your child to be safe on the slopes.

You can’t point to the summit and say, the top is up there.

Successful recreation takes time, not from the participants but from the parents, friends, mentors, teachers and instructors. It takes one on one learning what you need to teach to your student.

As educators and guides in the outdoor recreation arena, we need to point out the difference between the safety provided by gear and the safety of experience.

As outdoor recreation manufacturer’s we need to point out that the gear we are selling will help after all else has failed. Protection is not a replacement for skills, education and experience.

As parents, friends and people on the planet, we need to explain that outdoor recreation safety can’t be based on a credit card but is based on time. Get out there with a friend, relative or young ones and spend the time not just money.

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

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National Association of State Boating Law Administrators deadline for National Paddlesports Education Standards is due

Comments for Paddlesports Standards due Dec. 2

National Association of State Boating Law Administrators

NASBLA’sEducation Standards Panel has issued a Call for Proposed Revisions to the content of the most currently approved version of the National Paddlesports Education Standards (which went into effect Jan. 1, 2009). Submissions are encouraged from any party materially affected by the standard, including NASBLA members and nonmembers alike. The comment period closes on Dec. 2.

Input on the standard will be accepted exclusively via the EZ-ESP website. Instructions for submitting comments (including how to obtain login credentials for the EZ-ESP website) and documents containing the current standard, the reformatted standard and the Education Standards Panel Rules are available for download at http://esp.nasbla.org/esp.

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

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Colorado Alliance for Environmental Education (CAEE) Colorado Alliance for Environmental Education (CAEE)

Position Available: Environmental Literacy Coordinator

The Colorado Alliance for Environmental Education (CAEE) is a non-profit association, providing services to more than 750 environmental educators statewide. The organization serves the shared interests of public agencies, businesses, teachers, community organizations and individuals providing and using environmental education (EE) materials and programs. CAEE exists to elevate environmental literacy by providing professional development opportunities, coordinating support services, and facilitating communication and networking between Colorado’s EE providers, supporters, and the public.

Position Description: The Environmental Literacy Coordinator is a part-time; grant funded, position for one year that will assist CAEE and the Colorado Environmental Education Leadership Council by supporting PreK-12 Environmental Education initiatives outlined in the Colorado Environmental Education Plan. You can find out more about the Colorado Environmental Education Plan and the Colorado Environmental Education Leadership Council at: http://www.caee.org/colorado-environmental-education-plan.

To apply: Send cover letter and resume (included in one attached document with last name as file name in Microsoft Word or PDF) to director or Colorado Alliance for Environmental Education, 15260 S. Golden Rd Golden, CO 80401. Email preferred. Deadline: September 16, 2013.


Lemoine v Cornell University, 2 A.D.3d 1017; 769 N.Y.S.2d 313; 2003 N.Y. App. Div. LEXIS 13209 (NY 2003)

Lemoine v Cornell University, 2 A.D.3d 1017; 769 N.Y.S.2d 313; 2003 N.Y. App. Div. LEXIS 13209 (NY 2003)

Decided and Entered: December 11, 2003

93723

[*1]Nadine Lemoine, Appellant, v Cornell University, Respondent.

Memorandum and Order

Calendar Date: October 15, 2003

Before: Cardona, P.J., Crew III, Carpinello, Rose and Lahtinen, JJ.

Lo Pinto, Schlather, Solomon & Salk, Ithaca

(Raymond M. Schlather of counsel), for appellant.

Nelson E. Roth, Cornell University, Ithaca, for

respondent.

Cardona, P.J.

Appeal from an order of the Supreme Court (Mulvey, J.), entered January 2, 2003 in Tompkins County, which granted defendant’s motion to dismiss the complaint.

Plaintiff alleges that she sustained injuries on January 30, 2000, when she fell from the Lindseth Climbing Wall at defendant’s university during the first session of a seven-week basic rock climbing course offered by defendant’s outdoor education program. She had taken the same course eight years earlier, but had not taken any further instruction in the intervening years. Plaintiff registered, paid the tuition for the class, watched the orientation video describing safety procedures and signed a release holding defendant harmless from liability for, inter alia, any injuries caused by use of the climbing wall, including those caused by defendant’s own negligence. Plaintiff, as a climbing student, also signed a “Contract to Follow Lindseth Climbing Wall Safety Policies,” which included a promise that she would not climb above the yellow “bouldering” line without the required safety equipment. Prior to the accident, plaintiff, who was not wearing safety equipment, alleged that she was climbing with most of her body above the bouldering line. At the time, plaintiff and approximately 10 other students were under the supervision of two instructors. As she descended, instructor Michael Gilbert allegedly told her where to place her hands and feet. Plaintiff asserts that she lost her footing and fell to the floor [*2]below, which she described as “virtually unpadded.”[FN1] Thereafter, plaintiff commenced this action asserting negligence and gross negligence. Defendant moved to dismiss based upon the release and the safety contract, as well as a claim that plaintiff failed to set forth a cause of action [FN2]. Supreme Court granted defendant’s motion, prompting this appeal.

Plaintiff contends that the release and safety contract are void as against public policy by operation of statute, and, as a result, Supreme Court erred in granting defendant’s motion to dismiss. General Obligation Law § 5-326 states in pertinent part:

“Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation, or similar establishment and the user of such facilities, pursuant to which such owner or operator receives a fee or other compensation for the use of such facilities, which exempts the said owner or operator from liability for damages caused by or resulting from the negligence of the owner, operator or person in charge of such establishment, or their agents, servants or employees, shall be deemed to be void as against public policy and wholly unenforceable.”

The legislative intent of the statute is to prevent amusement parks and recreational facilities from enforcing exculpatory clauses printed on admission tickets or membership applications because the public is either unaware of them or not cognizant of their effect (see Lux v Cox, 32 F Supp 2d 92, 99 [1998]; McDuffie v Watkins Glen Intl., 833 F Supp 197, 202 [1993]). Facilities that are places of instruction and training (see e.g. Millan v Brown, 295 AD2d 409, 411 [2002]; Chieco v Paramarketing, Inc., 228 AD2d 462, 463 [1996]; Baschuk v Diver’s Way Scuba, 209 AD2d 369, 370 [1994]), rather than “amusement or recreation” (see e.g. Meier v Ma-Do Bars, 106 AD2d 143, 145 [1985]), have been found to be outside the scope of the statute.

In assessing whether a facility is instructional or recreational, courts have examined, inter alia, the organization’s name, its certificate of incorporation, its statement of purpose and whether the money it charges is tuition or a fee for use of the facility (see Fusco v Now & Zen, 294 AD2d 466, 467 [2002]; Bacchiocchi v Ranch Parachute Club, 273 AD2d 173, 175-176 [2000]; Baschuk v Diver’s Way Scuba, supra at 370). Difficulties arise in this area of law in situations where a person is injured at a mixed-use facility, namely, one which provides both recreation and instruction. In some cases, courts have found that General Obligations Law § 5-326 voids the particular release where the facility provides instruction only as an “ancillary” [*3]function, even though it is a situation where the injury occurs while receiving some instruction (see e.g. Bacchiocchi v Ranch Parachute Club, supra at 175-176; Wurzer v Seneca Sport Parachute Club, 66 AD2d 1002, 1002-1003 [1978]). In other mixed-use cases, courts focused less on a facility’s ostensible purpose and more on whether the person was at the facility for the purpose of receiving instruction (Scrivener v Sky’s the Limit, 68 F Supp 2d 277, 281 [1999]; Lux v Cox, supra at 99).

Here, plaintiff points out that her enrollment in the class entitled her to a discounted fee rate in the event that she sought use of the climbing wall on nonclass days and, additionally, defendant allowed its students, alumni and graduates of the rock climbing course to use the wall as long as they paid the regular fee and watched the safety video. Consequently, plaintiff, citing Bacchiocchi v Ranch Parachute Club (supra), argues that since this facility is both recreational and instructional, General Obligations Law § 5-326 must apply. While it may be true that defendant’s facility is a mixed use one, given that defendant is unquestionably an educational institution, along with the fact that the brochure and course materials in the record indicate that the purpose of the climbing wall facility was “for education and training in the sport of rockclimbing,” it is apparent that any recreational use of the wall by nonstudents would be ancillary to its primary educational purpose (cf. Bacchiocchi v Ranch Parachute Club, supra). Furthermore, even focusing primarily on plaintiff’s purpose at the facility, it is undisputed herein that she enrolled in the course, paid tuition, not a fee, for lessons and was injured during one of her instructional periods (cf. Scrivener v Sky’s the Limit, supra at 281). Therefore, under all the circumstances, we find that Supreme Court properly found the statute to be inapplicable.

Having found that the release and safety contract were not voided by the statute, we now decide whether they are dispositive in this case (cf. Gross v Sweet, 49 NY2d 102, 107 [1979]). For example, the release unambiguously acknowledges, inter alia, the inherent risks of rock climbing and the use of the climbing wall, including the risk of injury from falling off the wall onto the floor below, which is what plaintiff describes as happening in this case. The release further holds defendant harmless from liability from any negligence, including that related to plaintiff’s supervised or unsupervised use of the wall. Given plaintiff’s signature and initials on these documents, we conclude that dismissal was proper.

Turning to plaintiff’s contention that, even if the statute is applicable, defendant’s motion to dismiss should not have been granted because the release and safety contract, standing alone, would not defeat a claim adequately alleging gross negligence (see Amica Mut. Ins. Co. v Hart Alarm Sys., 218 AD2d 835, 836 [1995]). Significantly, gross negligence is reckless conduct that borders on intentional wrongdoing and is “different in kind and degree” from ordinary negligence (Sutton Park Dev. Corp. Trading Co. v Guerin & Guerin Agency, 297 AD2d 430, 431 [2002]; see e.g. Green v Holmes Protection of N.Y., 216 AD2d 178, 178-179 [1995]). Where a complaint does not allege facts sufficient to constitute gross negligence, dismissal is appropriate (see Sutton Park Dev. Corp. Trading Co. v Guerin & Guerin Agency, supra at 431). Even assuming that plaintiff’s specific allegations are true, we agree with Supreme Court that they constitute only ordinary negligence and cannot survive the motion to dismiss.

The remaining arguments raised by plaintiff have been examined and found to be either unpersuasive or rendered academic by our decision herein.

Crew III, Carpinello, Rose and Lahtinen, JJ., concur.

ORDERED that the order is affirmed, with costs.

Footnotes

Footnote 1: The incident report form, which plaintiff disputes, states that she “decided to jump down.” Defendant’s employees also assert that the floor was padded and plaintiff was four feet from the ground at the time that she left the wall.

Footnote 2: We note that although defendant’s motion states that it is pursuant CPLR 3211 (a) (1) and (7), it appears from the language therein that it is also premised upon CPLR 3211 (a) (5).

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Minors and Releases

Where can a parent sign away a minor’s right to sue and where that will not work.

Audience:                   Sport and Recreation Law Association

Location:                    San Antonio, Texas

Date:                         2009

Presentation:                       Minors and Releases          http://rec-law.us/ZjzUK9

 

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This presentation was given to highlight why minors cannot sign a release and why only a few states have allowed a parent to sign away a minor’s right to sue.

For other articles about this subject or for the latest information about the topic see:

States that allow a parent to sign away a minor’s right to sue                         http://rec-law.us/z5kFan

 

$5 Million because a church took a kid skiing and allowed him to……..skihttp://rec-law.us/wCXYBH

A Parent (or Guardian) is still in control of a child, no matter what the volunteer may want.         http://rec-law.us/zN0jcl

Adult volunteer responsibility ends when the minor is delivered back to his parents.       http://rec-law.us/wynrnO

Alabama follows the majority of states and does not allow a parent to sign away a minor’s right to sue.                                                                                                                                    http://rec-law.us/Aegeo3

Courtney Love in Outdoor Recreation Law                                                        http://rec-law.us/yEpdBR

Delaware decision upholds a release signed by a parent against a minor’s claims           http://rec-law.us/MWKMmt

Delaware holds that mothers signature on contract forces change of venue for minors claims.http://rec-law.us/JMvEMv

Iowa does not allow a parent to sign away a minor’s right to sue.                  http://rec-law.us/AaLwBF

Maine decision on minor injured in ski school conforms how most states will interpret the facts.            http://rec-law.us/yxZN2M

Maine follows the majority and does not allow a parent to sign away a minor’s right to sue.        http://rec-law.us/zPfJ9V

Minnesota decision upholds parent’s right to sign away a minor’s right to sue.      http://rec-law.us/xyeuOH

New Florida law allows a parent to sign away a child’s right to sue for injuries.     http://rec-law.us/Au1dGE

North Carolina may allow a parent to sign away a minor’s right to sue for injuries when the minor is engaged in non-profit activities sponsored by schools, volunteers, or community organizations            http://rec-law.us/ACYg0m

North Dakota decision allows a parent to sign away a minor’s right to sue.http://rec-law.us/SDYQHG

Ohio Appellate decision upholds the use of a release for a minor for a commercial activity.        http://rec-law.us/LuYZbv

Release stops suit for falling off horse at Colorado summer Camp.              http://rec-law.us/wtRyK5

Releases are legal documents and need to be written by an attorney that understands the law and the risks of your program/business/activity and your guests/members/clientele.           http://rec-law.us/yVPR8S

States that allow a parent to sign away a minor’s right to sue                         http://rec-law.us/z5kFan

Statutes and prospective language to allow a parent to sign away a minor’s right to sue.            http://rec-law.us/zkGtcW

Texas follows majority with appellate court decision holding a parent cannot sign away a minor’s right to sue.    http://rec-law.us/MCh75O

Texas makes it easier to write a release because the law is clear.                 http://rec-law.us/yBjZBb

Wrong release for the activity almost sinks YMCA                                            http://rec-law.us/A9AW0P

You’ve got to be kidding: Chaperone liable for the death of girl on a trip     http://rec-law.us/zqxJTf

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 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/” />

 

 

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, PowerPoint, Presentation, Sport and Recreation Law Association, SRLA, San Antonio, Texas, TX, Minors, Release, Parent, Right to Sue,

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Wilderness Medical Society 2013 CME Conferences

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wms_logo.jpgContinuing Medical Education Conferences

Leading the Worldwide Community of Wilderness Medicine

Dear James,We hope to see you at one of our upcoming CME conferences!

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30th Anniversary Conference and Annual Meeting

July 12-17, 2013
Breckenridge, Colorado

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Sawyer Day Crew Leader Position Description 2013 Summer Season

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 Sawyer Day Crew Leader Position Description 2013 Summer Season

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Mile High Youth Corps is a regional, non-profit, AmeriCorps (http://www.americorps.gov) affiliated organization that engages youth in jobs that help the planet and provide pathways to a promising future. Corpsmembers work on conservation and environmental stewardship projects throughout the Denver metro area while engaging in meaningful education activities.

Position Description:

The Mile High Youth Corps Crew Leader positions require individuals who are skilled problem-solvers, experienced leaders and positive role models. A crew is comprised of ten Corpsmembers (18-24 years old) all working together to complete conservation work projects on public lands and in communities. Crew Leaders manage a demanding work schedule and are responsible for creating a valuable experience for the Corpsmembers. Crew Leaders are responsible for ensuring the facilitation of environmental education, healthy lifestyle, job readiness training, leadership development, civic engagement, independent living and positive group living skills to their crew. Crew Leaders must possess a strong work ethic, promote high quality work performance in their crew, and have a desire to devote themselves to field-based work and youth development for an entire summer. The position requires both supervisory and technical aptitude, in addition to a high level of comfort in the outdoors.

Crew Leader Duties and Responsibilities: Supervision and Management

 

               Provides daily supervision of the members of his/her crew, including assigning, leading and instructing work tasks and training Corpsmembers in the development of job skills.

               Monitors, manages, and promote crew’s physical and emotional safety on and off the work site.

               Teaches Corpsmembers a variety of work skills in conjunction with technical assistance providers.

               Maintains and promotes positive group morale.

               Enforces the code of conduct, discipline policies and program procedures outlined in the employee handbooks at all times.

               Provides consistent, ongoing informal feedback, as well as performs a minimum of one formal evaluation per Corpsmember each season.

               Acts as a positive role model to all Corpsmembers and promotes a positive corps culture.

               Responsible for on-site risk management of the crew and work site.

 

Work Project Implementation

               Assists MHYC staff with the set-up of work projects including the estimation of time and materials needed for work projects.

               Proactively assesses, identifies, and mitigates safety related hazards on the job site.

               Trains Corpsmembers in and maintains a safe work environment.

               Oversees and implements a variety of conservation, service learning and community service projects for his/her team.

               Distributes work among Corpsmembers and maintains even work flow.

               Serves as a liaison and on-site contact with project sponsors.

               Ensures timely, accurate, and quality completion of work projects.

               Completes all project completion reports and project evaluations in a timely manner.

 

Corpsmember Development and Education

               Promotes individual learning, leadership and personal growth among Corpsmembers.

               Collaborates with the AmeriCorps Leadership and Conservation Corpsmembers in developing and implementing educational components for projects.

               Plans and facilitates field trips, community meetings, and team-building activities at work site.

               May be required to participate in Colorado Cares Day, July 29th, 2013.

               Ensures consistent leadership development and service learning opportunities are integrated into trainings.

               Implements and monitors Corpsmembers participation and progress in life skills and job readiness training programs at work site.

               Provides consistent feedback and support to AmeriCorps Leadership and Conservation Corpsmembers on their leadership roles.

 

Administrative Duties

               Supports Corpmembers post-program placement.

               Monitors, documents, and evaluates the participant progress in the program using individual written evaluations, case notes, and 1:1 meetings.

               Maintains thorough and complete records on each of his/her Corpsmembers throughout the length of the program, including timesheets, rosters and daily accountability forms.

               Maintains complete and accurate files, including project data and records, and employment paperwork for each of his/her Corpsmembers.

               Assists other staff with the reporting required for funders and board members.

               Ensures project photographs and required data are collected for seasonal projects.

               Ensures timely completion of Corpsmember awards, incentives and recognitions.

               Other duties as assigned.

               High School diploma or GED required. At least two years of college or vocational training is preferred. Significant professional experience may be substituted for post-secondary education.

               At least one year experience of working with a diverse population of youth and staff in a team atmosphere.

               Advanced experience and skills in conservation, construction, or landscaping preferred.

               Must attend Wilderness First Aid training class. Crew Leader is responsible of one-half of the cost of this training through payroll deductions. Full or partial scholarships may be available to help defer the Crew Leader cost for this training.

               Communication Skills: ability to motivate and discipline others, organize and direct a crew of young people on work projects, communicate effectively with a diverse group of young people, co-workers and supervisors and explain and demonstrate safe work practices.

               Keep accurate records; perform case management, evaluations, and prepare reports.

               Previous Conservation or Youth Corps experience preferred.

               Chainsaw experience highly preferred

               Must be able to lift 75 lbs., spend 8-10 hours a day in the sun and hike 5 miles with a day-pack.

               Ability to use hand and power tools.

               Wilderness First Responder or higher preferred.

               Valid driver’s license with insurable driving record and ability to drive a 12-passenger van to and from work sites.

               Ability to complete tasks in a detailed and timely manner.

               Ability to work independently.

               Pre-employment background check will be required. May be subject to FBI Background Check, which includes fingerprinting.

               Pre-employment drug screen required. May implement drug testing throughout employment.

               Must be able to legally work in the United States, which will be verified via the federal E-Verify program.

 

General Qualifications:

To Apply:

Email: Send resume and cover letter to christyg@mhyc.net (include position title in subject line) Fax: 303-433-5997 Mail: Send resume and cover letter to: Attn. Christy Gallese, 1801 Federal Blvd. Denver, CO 80204

Mile High Youth Corps Land Conservation Programs are Tobacco Free

Mile High Youth Corps is an Equal Opportunity Employer. Mile High Youth Corps is committed to the inclusion of members with all levels of ability. Reasonable accommodations are available upon request. This program is available to all, without regard to race, color, national origin, disability, age, sex, political affiliation, or, in most instances, religion

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Call for Contributing Columnists & Student Research Article Submissions

Call for Contributing Columnists & Student Research Article Submissions

The Young Professional is a quarterly publication aimed at providing information specifically for young professionals and students in the parks, recreation, and leisure field. Articles may be testimonials, interviews, opinion, research, best practices highlights or simply informational in nature. The Young Professional will be distributed digitally to all young professionals and students in NRPA’s Young Professional Network, through NRPA Connect, as well as through other social media platforms.

The Young Professional Network seeks students (undergraduate and graduate) to contribute professional columns and research briefs for publication in The Young Professional. Columns may be diverse in style and content, but must be beneficial for young professionals and students in the parks and recreation field. Research briefs are usually slightly longer than columns and are overviews of the research. Research briefs must be beneficial for young professionals and students in the parks and recreation field.

Potential contributors are encouraged to send inquiries to Michael J. Bradley (michael.bradley).

Brooke Burk, PhD

Assistant Professor

Recreation, Parks & Leisure Studies Department

SUNY Cortland

P.O. BOX 2000

Cortland, NY 13045

(607) 753-2448

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


Congratulations to the CAEE Award Winners

Another great night for the Colorado Alliance of Environmental Education.

Congratulations to the award winners who were lauded for their accomplishments at the recent CAEE 2012 Award for Excellence Dinner

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The Enos Mills Lifetime Achievement Award went to Cyndra Dietz of Eco-Cycle.

The President’s Award was given to Lise Aangeenbrug of Great Outdoors Colorado

Program Award Recipients were

Alliance for Climate Education

BVSD 4th Grade Field Trip Program of Thorne Nature Experience

Children’s Peace Garden Program of Growing Gardens

GASP! (Girls Advancing Scientific Progress) After School at the CSU Environmental Learning Center

H2O Outdoors of the Keystone Science School

Learn More about Climate from CU-Boulder Office of University Outreach

Operation Water Festival Program of the Keep it Clean Partnership

Project Learning Tree Environmental Experience for Early Childhood of Colorado State Forest Service

Take Charge! Student Energy Education and Action of Groundwork Denver

Youth Education Programs of Loveland Youth Gardeners

 

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Congratulations to all the Winners!

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: blog@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

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

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, CAEE, Enos Mills, President’s Award,

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American Academy for Parks & Recreation Administration (AAPRA) Best Paper Award

AWARDS

One (1) student will receive a Best Student Paper Award of $500 plus expenses of up to $250 for the author to travel to the Academy’s Annual Meeting to receive the award and present the paper; the paper will be published in Parks & Recreation Magazine.

Certificate of Merit awards will be given to the two (2) next best student papers submitted

ELIGIBILITY

A student paper refers to either a master’s thesis or a major professional paper written in partial fulfillment of the requirements for a master’s degree; or to a senior undergraduate thesis written in partial fulfillment of the requirements for a baccalaureate degree or similar qualification.

The paper must have been completed in the previous two (2) calendar years.

The paper should make a contribution to scholarly literature and have clear implications for the improved practice of park and recreation administration.

Papers written by students who were pursuing a doctoral degree at the time the paper was written are not eligible.

The writer of the winning paper must personally attend the Academy’s annual meeting during the National Recreation and Park Association’s Annual Congress and present a five (5) minute synopsis of his or her paper.

ENTRY PROCEDURE

An electronic copy of an executive summary of the paper, not exceeding 1000 words should be submitted to the Chair of the Academy’s Best Paper Award Committee. Summaries exceeding this word limit will not be considered. This is due April 15, 2013.

ADDITIONAL DETAILS ARE FOUND ON THE ATTACHMENT.

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Celebration of the Colorado Adoption of an Environmental Education Plan

Colorado Environmental

Education Plan Celebration

 

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Date:  Wednesday, January 23

Time: 5:00-7:00 p.m.

Location: The Garden Restaurant

3435 Albion St. Denver, CO, 80207

 

Join us for this FREE event at The Garden Restaurant to celebrate this incredible milestone!

 

  Appetizers will be provided and additional food

and beverage will be available for purchase.

 

Please let us know if you’ll be in attendance:

 

Click here to RSVP

  

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About the Garden:

The Garden is dedicated to improving the quality of life by connecting people with delicious, healthy, local, affordable, and sustainable food. Find out more about The Garden

If you wish to continue your support for Environmental Education consider joining the Colorado Alliance for Environmental Educators.

CAEE

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

blog@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

#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, CAEE, Environmental Education, Environmental Education Plan, Celebration,

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Colorado State Board of Education passed the CO Environmental Educational Plan!

It’s time to celebrate!!!! I wanted these two committees to be the first to know that the State Board of Education met today to be presented with the final draft of the Environmental Education Plan and in a surprise move, they voted on the motion, and officially passed and adopted the plan!!!! It passed with Bipartisan support (only 2 no votes) and the acknowledgement that this work is happening in schools across Colorado!

This is a very exciting day! Thank you so much for all your hard work over the past 3,4,5 years in putting all the pieces into motion to make this happen. I can’t tell you how excited I am- I have already cried a couple of times. This is the first step in really making EE a part of the educational experience for all Coloradans.

We will be following up with a press release in the next few days to let everyone know and information on how to thank your state board representatives and the team at CDE and DNR. We had a real champion in Elaine Gantz Berman and several very supportive board members.

This came from Katie Navin of the Colorado Alliance of Environmental Education (CAEE). CAEE got the first state EE plan passed with the help of many organizations, public, private and non-profit.  However the greatest part of the Thanks because of the greatest part of the drive, energy, enthusiasm (way too much enthusiasm) and leadership goes to Katie Navin of the CAEE.

Thanks Katie!

CAEE

If you are interested in how this happened, want to help create and get plans adopted in your state become a member of CAEE (its ony $35) and learn how!!

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SCHOLE: Call for Associate Editors

The editors of SCHOLE have asked me to share this announcement with you. This is a great opportunity. Please pass it along to anyone who might be interested. Also, please contact them if you have work you would like to have considered for publication.

SCHOLE: A JOURNAL OF LEISURE STUDIES & RECREATION EDUCATION

CALL FOR ASSOCIATE EDITORS

Schole: A Journal of Leisure Studies and Recreation Education is seeking Associate Editors to serve a three-year term. Schole is a refereed publication of the Education Network. Schole was established to disseminate knowledge related to park and recreation courses, curricula, and teaching. Manuscripts address a wide variety of issues concerning undergraduate and graduate education such as curriculum planning, curriculum design, future employment requirements, trends and their impacts, student and faculty profiles, course content, fieldwork and internships, leisure and the humanities, teaching methods, accreditation, community education and tenure and promotion, book reviews, and classroom learning activities.

The new Associate Editors will be selected to serve on the Editorial Board for the 2013–2015 issues of the journal.

Duties of an Associate Editor include managing the review process for one to three manuscripts annually. Associate Editors review each manuscript as well as obtain two additional reviews. Associate Editors then synthesize the reviewers’ comments and provide a recommendation for publication to the Co-Editors. Associate Editors also provide feedback to the Co-Editor’s concerning all aspects of the editorial process.

Associate Editor Applications

To be considered for an Associate Editorship of Schole, please submit a one-page letter of interest that addresses your approach toward the peer review process, the content areas you feel qualified to review (e.g., outdoor recreation, tourism, survey research), previous editorial experience (e.g.,journal manuscript reviewer), previous publication experience, and a current vita. Please send all materials electronically by December 3, 2012 to mamulvaney.

If you have questions, comments or concerns, please contact the Co-Editors, John Henry Pommier (John.Pommier) or Mike Mulvaney (mamulvaney

Sent by:

William Anderson

Director of Sales and Marketing

Sagamore Publishing LLC

1807 N. Federal Drive

Urbana, IL 61801-1051

(217) 359-5940

www.sagamorepub.com

2012 Fall Catalog (PDF download)

http://www.sagamorepub.com/files/catalog/catalog.pdf

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19th International Symposium on Society and Resource Management

19th International Symposium on Society and Resource Management

Hosted by Colorado State University

Location: Estes Park, Colorado

June 4 – 8, 2013

Theme: A Time for Integration

The lack of integration among the sciences is a major constraint to dealing with the complex nature of today’s environmental problems and is a particularly severe problem among the social sciences.

Keynote Speaker:

English: Rajendra K. Pachauri, Chairman, Inter...

English: Rajendra K. Pachauri, Chairman, Intergovernmental Panel on Climate Change

Rajendra Kumar Pachauri, Chairman, Intergovernmental Panel on Climate Change (IPCC)

Visit our website at http://www.issrm2013.iasnr.org to learn more.

Abstract and Organized Session Deadline: February 10, 2013

(Our submission system opens next month)

Early Registration Deadline: April 16, 2013

Mike Manfredo

Conference Co-Chair

Human Dimensions of Natural Resources Department

Colorado State University

Jerry Vaske

Conference Co-Chair

Human Dimensions of Natural Resources Department

Colorado State University

Esther Duke

Conference Coordinator

Human Dimensions of Natural Resources Department

Colorado State University

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SRLA Student Research Award

CALL FOR PAPERS Deadline: Monday, 12/3/12

The Sport and Recreation Law Association

This Student Research Award is granted to the student submitting the most outstanding research paper based upon the criteria found below.  The award winner will receive free Conference Registration and reimbursement of up to $500 in expenses to attend The Annual SRLA Conference.  The winning paper and the selected student will be included in the Conference Program to present his/her paper.  The recipient will also be recognized during the Award’s Banquet during the Annual SRLA Conference

Please Note: Using the appropriate format, students may simultaneously submit their manuscript to this award Call for Papers and to the general Call For Proposals for the Conference. 

Application Criteria:

1.     Students must submit a research paper or case note that deals with a significant and novel legal issue related to sport or physical activity. 

2.     The paper must be written in either APA or Blue Book style (follow current editions).

3.     The suggested length for the paper is 10-20 double-spaced pages (not counting Appendices and Endnotes). Applicants must use the Times New Roman 12 pt. font.

4.     The applicant must send the paper as a Microsoft Word document to schoepferk@winthrop.edu before 11:59 p.m. EST Monday, December 3, 2012. Late submissions will not be considered. In the email message accompanying the attached paper, include the student author’s name, mailing address, email address, and telephone numbers. (An email will be sent to the applicant to confirm that the paper has been received.)

5.     The paper and associated research must be the sole work of the applicant, and edited and approved by a faculty advisor.

6.     The applicant must be a graduate student or undergraduate student, and must be majoring in sport/recreation/ physical activity, sport/recreation management, or a related subject area. Students pursuing a law degree are also eligible. Either the student applicant or faculty advisor must be a current member of SRLA at the time of submission.

7.     The faculty advisor must submit a signed document verifying compliance with criteria 5 and 6.

8.     A maximum of three (3) student papers may be submitted from one academic institution.

Criteria for Selection:

1.     Relevance, novelty, and importance of the topic to the legal aspects of sport and physical activity. Topic of the paper must address a legal issue.  Experimental research, survey studies, or summaries of existing research will not be considered.

2.     Quality and thoroughness of research; appropriateness of resources; use of primary resources.

3.     Quality of writing, editing, organization and logic of thoughts, grammar, and citation style.

4.     Adherence to all of the Application Criteria identified above.

The winner of the award will be notified via e-mail in early February.

Verification documents (see criteria #7 above) can be mailed, emailed, or faxed to:

Dr. Kristi Schoepfer

Re: SRLA Student Research Award

Winthrop University

Department of Physical Education, Sport, and Human Performance

WEST CENTER 218A

Rock Hill, SC, 29733

Fax (803) 323-2124

schoepferk@winthrop.edu

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