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.

New Book Aids Both CEOs and Students

“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry

Denver based James H. Moss, JD, an attorney who specializes in the legal issues of outdoor recreation and adventure travel companies, guides, outfitters, and manufacturers, has written a comprehensive legal guidebook titled, “Outdoor Recreation Insurance, Risk Management, and Law”. Sagamore Publishing, a well-known Illinois-based educational publisher, distributes the book.

Mr. Moss, who applied his 30 years of experience with the legal, insurance, and risk management issues of the outdoor industry, wrote the book in order to fill a void.

There was nothing out there that looked at case law and applied it to legal problems in outdoor recreation,” Moss explained. “The goal of this book is to provide sound advice based on past law and experience.”

The Reference book is sold via the Summit Magic Publishing, LLC.

While written as a college-level textbook, the guide also serves as a legal primer for executives, managers, and business owners in the field of outdoor recreation. It discusses how to tackle, prevent, and overcome legal issues in all areas of the industry.

The book is organized into 14 chapters that are easily accessed as standalone topics, or read through comprehensively. Specific topics include rental programs, statues that affect outdoor recreation, skiing and ski areas, and defenses to claims. Mr. Moss also incorporated listings of legal definitions, cases, and statutes, making the book easy for laypeople to understand.

PURCHASE

 

TABLE OF CONTENTS

Table of Cases

Introduction

Outdoor Recreation Law and Insurance: Overview

Risk

    Risk

        Perception versus Actual Risk

        Risk v. Reward

        Risk Evaluation

    Risk Management Strategies

        Humans & Risk

        Risk = Accidents

        Accidents may/may not lead to litigation

    How Do You Deal with Risk?

    How Does Acceptance of Risk Convert to Litigation?

    Negative Feelings against the Business

Risk, Accidents & Litigation

        No Real Acceptance of the Risk

        No Money to Pay Injury Bills

        No Health Insurance

        Insurance Company Subrogation

        Negative Feelings

Litigation

    Dealing with Different People

    Dealing with Victims

        Develop a Friend & Eliminate a Lawsuit

        Don’t Compound Minor Problems into Major Lawsuits

    Emergency Medical Services

    Additional Causes of Lawsuits in Outdoor Recreation

        Employees

        How Do You Handle A Victim?

        Dealing with Different People

        Dealing with Victims

Legal System in the United States

    Courts

        State Court System

        Federal Court System

        Other Court Systems

    Laws

    Statutes

    Parties to a Lawsuit

    Attorneys

    Trials

Law

    Torts

        Negligence

            Duty

            Breach of the Duty

            Injury

            Proximate Causation

            Damages

        Determination of Duty Owed

        Duty of an Outfitter

        Duty of a Guide

        Duty of Livery Owner

        Duty of Rental Agent

        Duty of Volunteer Youth Leader

        In Loco Parentis

    Intentional Torts

    Gross Negligence

    Willful & Wanton Negligence

    Intentional Negligence

    Negligence Per Se

    Strict Liability

    Attractive Nuisance

    Results of Acts That Are More than Ordinary Negligence

    Product Liability

    Contracts

        Breach of Contract

        Breach of Warranty

        Express Warranty

        Implied Warranty

            Warranty of Fitness for a Particular Purpose

            Warranty of Merchantability

            Warranty of Statute

    Detrimental Reliance

    Unjust Enrichment

    Liquor Liability

    Food Service Liability

    Damages

        Compensatory Damages

        Special Damages

        Punitive Damages

Statutory Defenses

    Skier Safety Acts

    Whitewater Guides & Outfitters

    Equine Liability Acts

 

Legal Defenses

    Assumption of Risk

        Express Assumption of Risk

        Implied Assumption of Risk

        Primary Assumption of Risk

        Secondary Assumption of Risk

    Contributory Negligence

    Assumption of Risk & Minors

    Inherent Dangers

    Assumption of Risk Documents.

        Assumption of Risk as a Defense.

        Statutory Assumption of Risk

        Express Assumption of Risk

    Contributory Negligence

    Joint and Several Liability

Release, Waivers & Contracts Not to Sue

    Why do you need them

    Exculpatory Agreements

        Releases

        Waivers

        Covenants Not to sue

    Who should be covered

    What should be included

        Negligence Clause

        Jurisdiction & Venue Clause

        Assumption of Risk

        Other Clauses

        Indemnification

            Hold Harmless Agreement

        Liquidated Damages

        Previous Experience

        Misc

            Photography release

            Video Disclaimer

            Drug and/or Alcohol clause

            Medical Transportation & Release

                HIPAA

        Problem Areas

    What the Courts do not want to see

Statute of Limitations

        Minors

        Adults

Defenses Myths

    Agreements to Participate

    Parental Consent Agreements

    Informed Consent Agreements

    Certification

    Accreditation

    Standards, Guidelines & Protocols

    License

Specific Occupational Risks

    Personal Liability of Instructors, Teachers & Educators

        College & University Issues

    Animal Operations, Packers

        Equine Activities

    Canoe Livery Operations

        Tube rentals

Downhill Skiing

Ski Rental Programs

Indoor Climbing Walls

Instructional Programs

Mountaineering

Retail Rental Programs

Rock Climbing

Tubing Hills

Whitewater Rafting

Risk Management Plan

    Introduction for Risk Management Plans

    What Is A Risk Management Plan?

    What should be in a Risk Management Plan

    Risk Management Plan Template

    Ideas on Developing a Risk Management Plan

    Preparing your Business for Unknown Disasters

    Building Fire & Evacuation

Dealing with an Emergency

 

Insurance

    Theory of Insurance

    Insurance Companies

    Deductibles

    Self-Insured Retention

    Personal v. Commercial Policies

    Types of Policies

        Automobile

            Comprehension

            Collision

            Bodily Injury

            Property Damage

            Uninsured Motorist

            Personal Injury Protection

            Non-Owned Automobile

            Hired Car

    Fire Policy

        Coverage

        Liability

        Named Peril v. All Risk

    Commercial Policies

    Underwriting

    Exclusions

    Special Endorsements

    Rescue Reimbursement

    Policy Procedures

    Coverage’s

    Agents

    Brokers

        General Agents

        Captive Agents

    Types of Policies

        Claims Made

        Occurrence

    Claims

    Federal and State Government Insurance Requirements

Bibliography

Index

The 427-page volume is sold via Summit Magic Publishing, LLC.

 


New Book Aids Both CEOs and Students

“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry

Denver based James H. Moss, JD, an attorney who specializes in the legal issues of outdoor recreation and adventure travel companies, guides, outfitters, and manufacturers, has written a comprehensive legal guidebook titled, “Outdoor Recreation Insurance, Risk Management, and Law”. Sagamore Publishing, a well-known Illinois-based educational publisher, distributes the book.

Mr. Moss, who applied his 30 years of experience with the legal, insurance, and risk management issues of the outdoor industry, wrote the book in order to fill a void.

There was nothing out there that looked at case law and applied it to legal problems in outdoor recreation,” Moss explained. “The goal of this book is to provide sound advice based on past law and experience.”

The Reference book is sold via the Summit Magic Publishing, LLC.

While written as a college-level textbook, the guide also serves as a legal primer for executives, managers, and business owners in the field of outdoor recreation. It discusses how to tackle, prevent, and overcome legal issues in all areas of the industry.

The book is organized into 14 chapters that are easily accessed as standalone topics, or read through comprehensively. Specific topics include rental programs, statues that affect outdoor recreation, skiing and ski areas, and defenses to claims. Mr. Moss also incorporated listings of legal definitions, cases, and statutes, making the book easy for laypeople to understand.

PURCHASE

TABLE OF CONTENTS

Table of Cases

Introduction

Outdoor Recreation Law and Insurance: Overview

Risk

    Risk

        Perception versus Actual Risk

        Risk v. Reward

        Risk Evaluation

    Risk Management Strategies

        Humans & Risk

        Risk = Accidents

        Accidents may/may not lead to litigation

    How Do You Deal with Risk?

    How Does Acceptance of Risk Convert to Litigation?

    Negative Feelings against the Business

Risk, Accidents & Litigation

        No Real Acceptance of the Risk

        No Money to Pay Injury Bills

        No Health Insurance

        Insurance Company Subrogation

        Negative Feelings

Litigation

    Dealing with Different People

    Dealing with Victims

        Develop a Friend & Eliminate a Lawsuit

        Don’t Compound Minor Problems into Major Lawsuits

    Emergency Medical Services

    Additional Causes of Lawsuits in Outdoor Recreation

        Employees

        How Do You Handle A Victim?

        Dealing with Different People

        Dealing with Victims

Legal System in the United States

    Courts

        State Court System

        Federal Court System

        Other Court Systems

    Laws

    Statutes

    Parties to a Lawsuit

    Attorneys

    Trials

Law

    Torts

        Negligence

            Duty

            Breach of the Duty

            Injury

            Proximate Causation

            Damages

        Determination of Duty Owed

        Duty of an Outfitter

        Duty of a Guide

        Duty of Livery Owner

        Duty of Rental Agent

        Duty of Volunteer Youth Leader

        In Loco Parentis

    Intentional Torts

    Gross Negligence

    Willful & Wanton Negligence

    Intentional Negligence

    Negligence Per Se

    Strict Liability

    Attractive Nuisance

    Results of Acts That Are More than Ordinary Negligence

    Product Liability

    Contracts

        Breach of Contract

        Breach of Warranty

        Express Warranty

        Implied Warranty

            Warranty of Fitness for a Particular Purpose

            Warranty of Merchantability

            Warranty of Statute

    Detrimental Reliance

    Unjust Enrichment

    Liquor Liability

    Food Service Liability

    Damages

        Compensatory Damages

        Special Damages

        Punitive Damages

Statutory Defenses

    Skier Safety Acts

    Whitewater Guides & Outfitters

    Equine Liability Acts

 

Legal Defenses

    Assumption of Risk

        Express Assumption of Risk

        Implied Assumption of Risk

        Primary Assumption of Risk

        Secondary Assumption of Risk

    Contributory Negligence

    Assumption of Risk & Minors

    Inherent Dangers

    Assumption of Risk Documents.

        Assumption of Risk as a Defense.

        Statutory Assumption of Risk

        Express Assumption of Risk

    Contributory Negligence

    Joint and Several Liability

Release, Waivers & Contracts Not to Sue

    Why do you need them

    Exculpatory Agreements

        Releases

        Waivers

        Covenants Not to sue

    Who should be covered

    What should be included

        Negligence Clause

        Jurisdiction & Venue Clause

        Assumption of Risk

        Other Clauses

        Indemnification

            Hold Harmless Agreement

        Liquidated Damages

        Previous Experience

        Misc

            Photography release

            Video Disclaimer

            Drug and/or Alcohol clause

            Medical Transportation & Release

                HIPAA

        Problem Areas

    What the Courts do not want to see

Statute of Limitations

        Minors

        Adults

Defenses Myths

    Agreements to Participate

    Parental Consent Agreements

    Informed Consent Agreements

    Certification

    Accreditation

    Standards, Guidelines & Protocols

    License

Specific Occupational Risks

    Personal Liability of Instructors, Teachers & Educators

        College & University Issues

    Animal Operations, Packers

        Equine Activities

    Canoe Livery Operations

        Tube rentals

Downhill Skiing

Ski Rental Programs

Indoor Climbing Walls

Instructional Programs

Mountaineering

Retail Rental Programs

Rock Climbing

Tubing Hills

Whitewater Rafting

Risk Management Plan

    Introduction for Risk Management Plans

    What Is A Risk Management Plan?

    What should be in a Risk Management Plan

    Risk Management Plan Template

    Ideas on Developing a Risk Management Plan

    Preparing your Business for Unknown Disasters

    Building Fire & Evacuation

Dealing with an Emergency

 

Insurance

    Theory of Insurance

    Insurance Companies

    Deductibles

    Self-Insured Retention

    Personal v. Commercial Policies

    Types of Policies

        Automobile

            Comprehension

            Collision

            Bodily Injury

            Property Damage

            Uninsured Motorist

            Personal Injury Protection

            Non-Owned Automobile

            Hired Car

    Fire Policy

        Coverage

        Liability

        Named Peril v. All Risk

    Commercial Policies

    Underwriting

    Exclusions

    Special Endorsements

    Rescue Reimbursement

    Policy Procedures

    Coverage’s

    Agents

    Brokers

        General Agents

        Captive Agents

    Types of Policies

        Claims Made

        Occurrence

    Claims

    Federal and State Government Insurance Requirements

Bibliography

Index

The 427-page volume is sold via Summit Magic Publishing, LLC.

 


New Book Aids Both CEOs and Students

“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry

Denver based James H. Moss, JD, an attorney who specializes in the legal issues of outdoor recreation and adventure travel companies, guides, outfitters, and manufacturers, has written a comprehensive legal guidebook titled, “Outdoor Recreation Insurance, Risk Management, and Law”. Sagamore Publishing, a well-known Illinois-based educational publisher, distributes the book.

Mr. Moss, who applied his 30 years of experience with the legal, insurance, and risk management issues of the outdoor industry, wrote the book in order to fill a void.

There was nothing out there that looked at case law and applied it to legal problems in outdoor recreation,” Moss explained. “The goal of this book is to provide sound advice based on past law and experience.”

The Reference book is sold via the Summit Magic Publishing, LLC.

While written as a college-level textbook, the guide also serves as a legal primer for executives, managers, and business owners in the field of outdoor recreation. It discusses how to tackle, prevent, and overcome legal issues in all areas of the industry.

The book is organized into 14 chapters that are easily accessed as standalone topics, or read through comprehensively. Specific topics include rental programs, statues that affect outdoor recreation, skiing and ski areas, and defenses to claims. Mr. Moss also incorporated listings of legal definitions, cases, and statutes, making the book easy for laypeople to understand.

PURCHASE

 

TABLE OF CONTENTS

Table of Cases

Introduction

Outdoor Recreation Law and Insurance: Overview

Risk

    Risk

        Perception versus Actual Risk

        Risk v. Reward

        Risk Evaluation

    Risk Management Strategies

        Humans & Risk

        Risk = Accidents

        Accidents may/may not lead to litigation

    How Do You Deal with Risk?

    How Does Acceptance of Risk Convert to Litigation?

    Negative Feelings against the Business

Risk, Accidents & Litigation

        No Real Acceptance of the Risk

        No Money to Pay Injury Bills

        No Health Insurance

        Insurance Company Subrogation

        Negative Feelings

Litigation

    Dealing with Different People

    Dealing with Victims

        Develop a Friend & Eliminate a Lawsuit

        Don’t Compound Minor Problems into Major Lawsuits

    Emergency Medical Services

    Additional Causes of Lawsuits in Outdoor Recreation

        Employees

        How Do You Handle A Victim?

        Dealing with Different People

        Dealing with Victims

Legal System in the United States

    Courts

        State Court System

        Federal Court System

        Other Court Systems

    Laws

    Statutes

    Parties to a Lawsuit

    Attorneys

    Trials

Law

    Torts

        Negligence

            Duty

            Breach of the Duty

            Injury

            Proximate Causation

            Damages

        Determination of Duty Owed

        Duty of an Outfitter

        Duty of a Guide

        Duty of Livery Owner

        Duty of Rental Agent

        Duty of Volunteer Youth Leader

        In Loco Parentis

    Intentional Torts

    Gross Negligence

    Willful & Wanton Negligence

    Intentional Negligence

    Negligence Per Se

    Strict Liability

    Attractive Nuisance

    Results of Acts That Are More than Ordinary Negligence

    Product Liability

    Contracts

        Breach of Contract

        Breach of Warranty

        Express Warranty

        Implied Warranty

            Warranty of Fitness for a Particular Purpose

            Warranty of Merchantability

            Warranty of Statute

    Detrimental Reliance

    Unjust Enrichment

    Liquor Liability

    Food Service Liability

    Damages

        Compensatory Damages

        Special Damages

        Punitive Damages

Statutory Defenses

    Skier Safety Acts

    Whitewater Guides & Outfitters

    Equine Liability Acts

 

Legal Defenses

    Assumption of Risk

        Express Assumption of Risk

        Implied Assumption of Risk

        Primary Assumption of Risk

        Secondary Assumption of Risk

    Contributory Negligence

    Assumption of Risk & Minors

    Inherent Dangers

    Assumption of Risk Documents.

        Assumption of Risk as a Defense.

        Statutory Assumption of Risk

        Express Assumption of Risk

    Contributory Negligence

    Joint and Several Liability

Release, Waivers & Contracts Not to Sue

    Why do you need them

    Exculpatory Agreements

        Releases

        Waivers

        Covenants Not to sue

    Who should be covered

    What should be included

        Negligence Clause

        Jurisdiction & Venue Clause

        Assumption of Risk

        Other Clauses

        Indemnification

            Hold Harmless Agreement

        Liquidated Damages

        Previous Experience

        Misc

            Photography release

            Video Disclaimer

            Drug and/or Alcohol clause

            Medical Transportation & Release

                HIPAA

        Problem Areas

    What the Courts do not want to see

Statute of Limitations

        Minors

        Adults

Defenses Myths

    Agreements to Participate

    Parental Consent Agreements

    Informed Consent Agreements

    Certification

    Accreditation

    Standards, Guidelines & Protocols

    License

Specific Occupational Risks

    Personal Liability of Instructors, Teachers & Educators

        College & University Issues

    Animal Operations, Packers

        Equine Activities

    Canoe Livery Operations

        Tube rentals

Downhill Skiing

Ski Rental Programs

Indoor Climbing Walls

Instructional Programs

Mountaineering

Retail Rental Programs

Rock Climbing

Tubing Hills

Whitewater Rafting

Risk Management Plan

    Introduction for Risk Management Plans

    What Is A Risk Management Plan?

    What should be in a Risk Management Plan

    Risk Management Plan Template

    Ideas on Developing a Risk Management Plan

    Preparing your Business for Unknown Disasters

    Building Fire & Evacuation

Dealing with an Emergency

 

Insurance

    Theory of Insurance

    Insurance Companies

    Deductibles

    Self-Insured Retention

    Personal v. Commercial Policies

    Types of Policies

        Automobile

            Comprehension

            Collision

            Bodily Injury

            Property Damage

            Uninsured Motorist

            Personal Injury Protection

            Non-Owned Automobile

            Hired Car

    Fire Policy

        Coverage

        Liability

        Named Peril v. All Risk

    Commercial Policies

    Underwriting

    Exclusions

    Special Endorsements

    Rescue Reimbursement

    Policy Procedures

    Coverage’s

    Agents

    Brokers

        General Agents

        Captive Agents

    Types of Policies

        Claims Made

        Occurrence

    Claims

    Federal and State Government Insurance Requirements

Bibliography

Index

The 427-page volume is sold via Summit Magic Publishing, LLC.

 


New Book Aids Both CEOs and Students

“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry

Denver based James H. Moss, JD, an attorney who specializes in the legal issues of outdoor recreation and adventure travel companies, guides, outfitters, and manufacturers, has written a comprehensive legal guidebook titled, “Outdoor Recreation Insurance, Risk Management, and Law”. Sagamore Publishing, a well-known Illinois-based educational publisher, distributes the book.

Mr. Moss, who applied his 30 years of experience with the legal, insurance, and risk management issues of the outdoor industry, wrote the book in order to fill a void.

There was nothing out there that looked at case law and applied it to legal problems in outdoor recreation,” Moss explained. “The goal of this book is to provide sound advice based on past law and experience.”

The Reference book is sold via the Summit Magic Publishing, LLC.

While written as a college-level textbook, the guide also serves as a legal primer for executives, managers, and business owners in the field of outdoor recreation. It discusses how to tackle, prevent, and overcome legal issues in all areas of the industry.

The book is organized into 14 chapters that are easily accessed as standalone topics, or read through comprehensively. Specific topics include rental programs, statues that affect outdoor recreation, skiing and ski areas, and defenses to claims. Mr. Moss also incorporated listings of legal definitions, cases, and statutes, making the book easy for laypeople to understand.

PURCHASE

TABLE OF CONTENTS

Table of Cases

Introduction

Outdoor Recreation Law and Insurance: Overview

Risk

    Risk

        Perception versus Actual Risk

        Risk v. Reward

        Risk Evaluation

    Risk Management Strategies

        Humans & Risk

        Risk = Accidents

        Accidents may/may not lead to litigation

    How Do You Deal with Risk?

    How Does Acceptance of Risk Convert to Litigation?

    Negative Feelings against the Business

Risk, Accidents & Litigation

        No Real Acceptance of the Risk

        No Money to Pay Injury Bills

        No Health Insurance

        Insurance Company Subrogation

        Negative Feelings

Litigation

    Dealing with Different People

    Dealing with Victims

        Develop a Friend & Eliminate a Lawsuit

        Don’t Compound Minor Problems into Major Lawsuits

    Emergency Medical Services

    Additional Causes of Lawsuits in Outdoor Recreation

        Employees

        How Do You Handle A Victim?

        Dealing with Different People

        Dealing with Victims

Legal System in the United States

    Courts

        State Court System

        Federal Court System

        Other Court Systems

    Laws

    Statutes

    Parties to a Lawsuit

    Attorneys

    Trials

Law

    Torts

        Negligence

            Duty

            Breach of the Duty

            Injury

            Proximate Causation

            Damages

        Determination of Duty Owed

        Duty of an Outfitter

        Duty of a Guide

        Duty of Livery Owner

        Duty of Rental Agent

        Duty of Volunteer Youth Leader

        In Loco Parentis

    Intentional Torts

    Gross Negligence

    Willful & Wanton Negligence

    Intentional Negligence

    Negligence Per Se

    Strict Liability

    Attractive Nuisance

    Results of Acts That Are More than Ordinary Negligence

    Product Liability

    Contracts

        Breach of Contract

        Breach of Warranty

        Express Warranty

        Implied Warranty

            Warranty of Fitness for a Particular Purpose

            Warranty of Merchantability

            Warranty of Statute

    Detrimental Reliance

    Unjust Enrichment

    Liquor Liability

    Food Service Liability

    Damages

        Compensatory Damages

        Special Damages

        Punitive Damages

Statutory Defenses

    Skier Safety Acts

    Whitewater Guides & Outfitters

    Equine Liability Acts

 

Legal Defenses

    Assumption of Risk

        Express Assumption of Risk

        Implied Assumption of Risk

        Primary Assumption of Risk

        Secondary Assumption of Risk

    Contributory Negligence

    Assumption of Risk & Minors

    Inherent Dangers

    Assumption of Risk Documents.

        Assumption of Risk as a Defense.

        Statutory Assumption of Risk

        Express Assumption of Risk

    Contributory Negligence

    Joint and Several Liability

Release, Waivers & Contracts Not to Sue

    Why do you need them

    Exculpatory Agreements

        Releases

        Waivers

        Covenants Not to sue

    Who should be covered

    What should be included

        Negligence Clause

        Jurisdiction & Venue Clause

        Assumption of Risk

        Other Clauses

        Indemnification

            Hold Harmless Agreement

        Liquidated Damages

        Previous Experience

        Misc

            Photography release

            Video Disclaimer

            Drug and/or Alcohol clause

            Medical Transportation & Release

                HIPAA

        Problem Areas

    What the Courts do not want to see

Statute of Limitations

        Minors

        Adults

Defenses Myths

    Agreements to Participate

    Parental Consent Agreements

    Informed Consent Agreements

    Certification

    Accreditation

    Standards, Guidelines & Protocols

    License

Specific Occupational Risks

    Personal Liability of Instructors, Teachers & Educators

        College & University Issues

    Animal Operations, Packers

        Equine Activities

    Canoe Livery Operations

        Tube rentals

Downhill Skiing

Ski Rental Programs

Indoor Climbing Walls

Instructional Programs

Mountaineering

Retail Rental Programs

Rock Climbing

Tubing Hills

Whitewater Rafting

Risk Management Plan

    Introduction for Risk Management Plans

    What Is A Risk Management Plan?

    What should be in a Risk Management Plan

    Risk Management Plan Template

    Ideas on Developing a Risk Management Plan

    Preparing your Business for Unknown Disasters

    Building Fire & Evacuation

Dealing with an Emergency

 

Insurance

    Theory of Insurance

    Insurance Companies

    Deductibles

    Self-Insured Retention

    Personal v. Commercial Policies

    Types of Policies

        Automobile

            Comprehension

            Collision

            Bodily Injury

            Property Damage

            Uninsured Motorist

            Personal Injury Protection

            Non-Owned Automobile

            Hired Car

    Fire Policy

        Coverage

        Liability

        Named Peril v. All Risk

    Commercial Policies

    Underwriting

    Exclusions

    Special Endorsements

    Rescue Reimbursement

    Policy Procedures

    Coverage’s

    Agents

    Brokers

        General Agents

        Captive Agents

    Types of Policies

        Claims Made

        Occurrence

    Claims

    Federal and State Government Insurance Requirements

Bibliography

Index

The 427-page volume is sold via Summit Magic Publishing, LLC.

 


Western State University unveiling Outdoor Industry MBA for 2018-19

A Western instructor climbs a mountain with students

Photo by Eric Phillips.

The School of Graduate Studies at Western State Colorado University recently announced the formation of a new and innovative opportunity. Starting with the 2018-19 academic year, Western will offer an Outdoor Industry MBA.
The two-year, online program includes an MBA core as well as specific tracks for either the product or service side of the outdoor-recreation economy, which generates $887 billion annually in consumer spending, according to the Outdoor Industry Association. The program also includes residencies, immersion experiences and guest lectures from outdoor industry experts.

“The Outdoor Industry MBA at Western will give graduate students the tools and connections necessary to make forward-thinking change within this fast-growing industry,” said program director Pete Sherman. “We have a unique approach to class scheduling where we offer the industry-specific courses first. This way, students can apply content from class immediately to the workplace.”

Ideal candidates have a bachelor’s degree, professional experience in the industry and the desire to take their career to the next level. They have a lifestyle rooted in the outdoors, an aspiration to foster growth in this environmentally conscious, sustainable business sector and an interest in strengthening their network within the outdoor industry.

“The Outdoor Industry MBA’s clear focus on the business acumen required to lead the outdoor-recreation industry’s multibillion dollar economy is a significant measurement of Western’s and Colorado’s commitment to our talent pipeline,” said Luis Benitez, director of the Colorado Outdoor Recreation Industry Office.

Classes for Western’s inaugural Outdoor Industry MBA cohort begin Sept. 24, pending accreditation approval. For more information about this one-of-a-kind academic program, visit western.edu/outdoor-industry-mba.

“Western has always been a feeder school for the outdoor industry,” said Adam Howard ’97, president and CEO of Height of Land Media, publisher of Alpinist, Backcountry and Cross Country Skier magazines. “Given its location and culture around outdoor pursuits, I can’t think of a school more poised to bring this MBA program to fruition.”

For More Information Start Here: https://www.western.edu/news/western-unveiling-outdoor-industry-mba-2018-19

 

 

 


New Book Aids Both CEOs and Students

“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry

Denver based James H. Moss, JD, an attorney who specializes in the legal issues of outdoor recreation and adventure travel companies, guides, outfitters, and manufacturers, has written a comprehensive legal guidebook titled, “Outdoor Recreation Insurance, Risk Management, and Law”. Sagamore Publishing, a well-known Illinois-based educational publisher, distributes the book.

Mr. Moss, who applied his 30 years of experience with the legal, insurance, and risk management issues of the outdoor industry, wrote the book in order to fill a void.

There was nothing out there that looked at case law and applied it to legal problems in outdoor recreation,” Moss explained. “The goal of this book is to provide sound advice based on past law and experience.”

The Reference book is sold via the Summit Magic Publishing, LLC.

While written as a college-level textbook, the guide also serves as a legal primer for executives, managers, and business owners in the field of outdoor recreation. It discusses how to tackle, prevent, and overcome legal issues in all areas of the industry.

The book is organized into 14 chapters that are easily accessed as standalone topics, or read through comprehensively. Specific topics include rental programs, statues that affect outdoor recreation, skiing and ski areas, and defenses to claims. Mr. Moss also incorporated listings of legal definitions, cases, and statutes, making the book easy for laypeople to understand.

PURCHASE

 

TABLE OF CONTENTS

Table of Cases

Introduction

Outdoor Recreation Law and Insurance: Overview

Risk

    Risk

        Perception versus Actual Risk

        Risk v. Reward

        Risk Evaluation

    Risk Management Strategies

        Humans & Risk

        Risk = Accidents

        Accidents may/may not lead to litigation

    How Do You Deal with Risk?

    How Does Acceptance of Risk Convert to Litigation?

    Negative Feelings against the Business

Risk, Accidents & Litigation

        No Real Acceptance of the Risk

        No Money to Pay Injury Bills

        No Health Insurance

        Insurance Company Subrogation

        Negative Feelings

Litigation

    Dealing with Different People

    Dealing with Victims

        Develop a Friend & Eliminate a Lawsuit

        Don’t Compound Minor Problems into Major Lawsuits

    Emergency Medical Services

    Additional Causes of Lawsuits in Outdoor Recreation

        Employees

        How Do You Handle A Victim?

        Dealing with Different People

        Dealing with Victims

Legal System in the United States

    Courts

        State Court System

        Federal Court System

        Other Court Systems

    Laws

    Statutes

    Parties to a Lawsuit

    Attorneys

    Trials

Law

    Torts

        Negligence

            Duty

            Breach of the Duty

            Injury

            Proximate Causation

            Damages

        Determination of Duty Owed

        Duty of an Outfitter

        Duty of a Guide

        Duty of Livery Owner

        Duty of Rental Agent

        Duty of Volunteer Youth Leader

        In Loco Parentis

    Intentional Torts

    Gross Negligence

    Willful & Wanton Negligence

    Intentional Negligence

    Negligence Per Se

    Strict Liability

    Attractive Nuisance

    Results of Acts That Are More than Ordinary Negligence

    Product Liability

    Contracts

        Breach of Contract

        Breach of Warranty

        Express Warranty

        Implied Warranty

            Warranty of Fitness for a Particular Purpose

            Warranty of Merchantability

            Warranty of Statute

    Detrimental Reliance

    Unjust Enrichment

    Liquor Liability

    Food Service Liability

    Damages

        Compensatory Damages

        Special Damages

        Punitive Damages

Statutory Defenses

    Skier Safety Acts

    Whitewater Guides & Outfitters

    Equine Liability Acts

 

Legal Defenses

    Assumption of Risk

        Express Assumption of Risk

        Implied Assumption of Risk

        Primary Assumption of Risk

        Secondary Assumption of Risk

    Contributory Negligence

    Assumption of Risk & Minors

    Inherent Dangers

    Assumption of Risk Documents.

        Assumption of Risk as a Defense.

        Statutory Assumption of Risk

        Express Assumption of Risk

    Contributory Negligence

    Joint and Several Liability

Release, Waivers & Contracts Not to Sue

    Why do you need them

    Exculpatory Agreements

        Releases

        Waivers

        Covenants Not to sue

    Who should be covered

    What should be included

        Negligence Clause

        Jurisdiction & Venue Clause

        Assumption of Risk

        Other Clauses

        Indemnification

            Hold Harmless Agreement

        Liquidated Damages

        Previous Experience

        Misc

            Photography release

            Video Disclaimer

            Drug and/or Alcohol clause

            Medical Transportation & Release

                HIPAA

        Problem Areas

    What the Courts do not want to see

Statute of Limitations

        Minors

        Adults

Defenses Myths

    Agreements to Participate

    Parental Consent Agreements

    Informed Consent Agreements

    Certification

    Accreditation

    Standards, Guidelines & Protocols

    License

Specific Occupational Risks

    Personal Liability of Instructors, Teachers & Educators

        College & University Issues

    Animal Operations, Packers

        Equine Activities

    Canoe Livery Operations

        Tube rentals

Downhill Skiing

Ski Rental Programs

Indoor Climbing Walls

Instructional Programs

Mountaineering

Retail Rental Programs

Rock Climbing

Tubing Hills

Whitewater Rafting

Risk Management Plan

    Introduction for Risk Management Plans

    What Is A Risk Management Plan?

    What should be in a Risk Management Plan

    Risk Management Plan Template

    Ideas on Developing a Risk Management Plan

    Preparing your Business for Unknown Disasters

    Building Fire & Evacuation

Dealing with an Emergency

 

Insurance

    Theory of Insurance

    Insurance Companies

    Deductibles

    Self-Insured Retention

    Personal v. Commercial Policies

    Types of Policies

        Automobile

            Comprehension

            Collision

            Bodily Injury

            Property Damage

            Uninsured Motorist

            Personal Injury Protection

            Non-Owned Automobile

            Hired Car

    Fire Policy

        Coverage

        Liability

        Named Peril v. All Risk

    Commercial Policies

    Underwriting

    Exclusions

    Special Endorsements

    Rescue Reimbursement

    Policy Procedures

    Coverage’s

    Agents

    Brokers

        General Agents

        Captive Agents

    Types of Policies

        Claims Made

        Occurrence

    Claims

    Federal and State Government Insurance Requirements

Bibliography

Index

The 427-page volume is sold via Summit Magic Publishing, LLC.

 


275 cases have been reviewed on Recreation-Law.com

That means more than 275 articles have been written looking at the legal issues of Outdoor Recreation for Outfitters, Guides, Manufacturers, College & University for credit and non-credit programs and many other

Here are the cases I’ve reviewed:

A.M.D., a Minor, vs. Young Men’s Christian Association of Greater Indianapolis, 2013 Ind. App. Unpub. LEXIS 913; 990 N.E.2d 527    http://rec-law.us/2hVLLhm

Albert v. Ober Gatlinburg, Inc., 2006 U.S. Dist. LEXIS 100150    http://rec-law.us/1hRlKFP

Alexander v. The Sports Authority, Inc., et al., 2007 U.S. Dist. LEXIS 43317    http://rec-law.us/1idHb4V

Allison v. Charter Rivers Hospital, Inc, 334 S.C. 611; 514 S.E.2d 601; 1999 S.C. App. LEXIS 43    http://rec-law.us/1fpUgtf

Almquist v. Synergo, LLC, 2016 U.S. Dist. LEXIS 79261    http://rec-law.us/2b7Ik5b

Alvarez v LTF Club Operations Company Inc., 2016 Mich. App. LEXIS 2198    http://rec-law.us/2l0IwXz

Alvero v. Allen, Jr., 262 A.D.2d 434; 692 N.Y.S.2d 116; 1999 N.Y. App. Div. LEXIS 6634        http://rec-law.us/1ROrCW3

Anaya v Town Sports International, Inc., 2007 NY Slip Op 7875; 44 A.D.3d 485; 843 N.Y.S.2d 599; 2007 N.Y. App. Div. LEXIS 10819    http://rec-law.us/1npYR0s

Anderson v Boyne USA, Inc., 2012 Mich. App. LEXIS 1725    http://rec-law.us/ICcr07

Angland v. Mountain Creek Resort, Inc., 2011 N.J. Super. Unpub. LEXIS 2542    http://rec-law.us/Hc9ZqD

Atcovitz v. Gulph Mills Tennis Club, Inc, 571 Pa. 580; 812 A.2d 1218; 2002 Pa. LEXIS 2832    http://rec-law.us/1mslAfq

Atkins v. Swimwest Family Fitness Center, 2005 WI 4; 2005 Wisc. LEXIS 2    http://rec-law.us/12c3Ha1

Ayzenberg v Bronx House Emauel Campus, Inc., etc., 93 A.D.3d 607; 941 N.Y.S.2d 106; 2012 N.Y. App. Div. LEXIS 2316; 2012 NY Slip Op 2396    http://rec-law.us/VK2ocE

Azad v. Mill Creek Equestrian Center, Inc., 2004 Cal. App. Unpub. LEXIS 11218    http://rec-law.us/18IFVV8

Bagley v. Mt. Bachelor, Inc., 258 Ore. App. 390; 310 P.3d 692; 2013 Ore. App. LEXIS 1080    http://rec-law.us/1neytrW

Bagley v. Mt. Bachelor, Inc., dba Mt. Bachelor Ski and Summer Resort, 2014 Ore. LEXIS 994    http://rec-law.us/1xvOs9u

Barnes & a. v. New Hampshire Karting Association, Inc, 128 N.H. 102; 509 A.2d 151; 1986 N.H. LEXIS 254    http://rec-law.us/2jSMvAl

Barnes v. Dungan et al., 261 A.D.2d 797; 690 N.Y.S.2d 338; 1999 N.Y. App. Div. LEXIS 5556    http://rec-law.us/1c6hxjp

Bastable v. Liberty Tree Mall Limited Partnership, 6 Mass. L. Rep. 217; 1996 Mass. Super. LEXIS 64    http://rec-law.us/2dmBqnE

Bateman v. Sport Photo and EMS, Inc., 1983 U.S. Dist. LEXIS 15461 (S.D. New York 1983)    http://rec-law.us/1aIBzyQ

Bayer v. Crested Butte Mountain Resort, 960 P.2d 70 (Colo. 1998)    http://rec-law.us/2uRbdd1

Becker v. Hoodoo Ski Bowl Developers, Inc., 269 Ore. App. 877; 346 P.3d 620; 2015 Ore. App. LEXIS 319    http://rec-law.us/1lHMjET

Benavidez v. The University of Texas — Pan American, 2014 Tex. App. LEXIS 11940    http://rec-law.us/1vgi4sa

Benford et al. v. RDL, Inc., 223 Ga. App. 800; 479 S.E.2d 110; 1996 Ga. App. LEXIS 1284; 96 Fulton County D. Rep. 4312    http://rec-law.us/YBTceE

Bergin, et al., v. Wild Mountain, Inc. 2014 Minn. App. Unpub. LEXIS 212    http://rec-law.us/261enbO

Berlin v. Nassau County Council, Boy Scouts of America, 229 A.D.2d 414, 645 N.Y.S.2d 90    http://rec-law.us/1nqJGny

Bernstein v Wysoki et al., 77 A.D.3d 241; 907 N.Y.S.2d 49; 2010 N.Y. App. Div. LEXIS 6579; 2010 NY Slip Op 6475; 244 N.Y.L.J. 43    http://rec-law.us/GYdiUr

Bishop vs – Nelson Ledges Quarry Park, Limited, et al., 2005-Ohio-2656; 2005 Ohio App. LEXIS 2504    http://rec-law.us/2aTyYE2

BJ’s Wholesale Club, Inc. v. Rosen, 435 Md. 714; 80 A.3d 345; 2013 Md. LEXIS 897    http://rec-law.us/1bpyPHR

Blackwell, v. Sky High Sports Nashville Operations, LLC. 2017 Tenn. App. LEXIS 6    http://rec-law.us/2rY5rlU

Boisson v. Arizona Board of Regents, et. al., 236 Ariz. 619; 343 P.3d 931; 2015 Ariz. App. LEXIS 36; 708 Ariz. Adv. Rep. 7    http://rec-law.us/2enLvnY

Bonne, et al., v. Premier Athletics, LLC, et al., 2006 U.S. Dist. LEXIS 77802    http://rec-law.us/HeFemi

Bossi v. Sierra Nevada Recreation Corporation et al, 2004 Cal. App. Unpub. LEXIS 1992    http://rec-law.us/RaqgkN

Brett, v. Great American Recreation, Inc., et al., 279 N.J. Super. 306; 652 A.2d 774; 1995 N.J. Super. LEXIS 53    http://rec-law.us/1pi97g5

Brigance v. Vail Summit Resorts, Inc., 2016 U.S. Dist. LEXIS 31662    http://rec-law.us/2D24cYv

Brookner v New York Roadrunners Club, Inc., et al., 2008 NY Slip Op 4638; 51 A.D.3d 841; 858 N.Y.S.2d 348; 2008 N.Y. App. Div. LEXIS 4393    http://rec-law.us/1fzWlPL

Brush, v. Jiminy Peak Mountain Resort, Inc., Et Al, 626 F. Supp. 2d 139; 2009 U.S. Dist. LEXIS 52204        http://rec-law.us/11KEUsP

Buck, v. Camp Wilkes, Inc. 906 So. 2d 778; 2004 Miss. App. LEXIS 1141    http://rec-law.us/GYcpew

Buckel v. Tube Pro Inc., 2016 IL App (1st) 150427-U; 2016 Ill. App. Unpub. LEXIS 638    http://rec-law.us/1s09gqA

Burgad v. Jack L. Marcus, Inc., 345 F. Supp. 2d 1036; 2004 U.S. Dist. LEXIS 24491; CCH Prod. Liab. Rep. P17,226    http://rec-law.us/1eA9Uwn

Cahill v. Ski Liberty Operating Corp., 2006 Pa. Dist. & Cnty. Dec. LEXIS 444; 81 Pa. D. & C.4th 344    http://rec-law.us/11JYZdA

Camire v. The Gunstock Area Commission, 166 N.H. 374; 97 A.3d 250; 2014 N.H. LEXIS 60    http://rec-law.us/1IuciVx

Camp Illahee Investors, Inc., v. Blackman, 870 So. 2d 80; 2003 Fla. App. LEXIS 17549; 28 Fla. L. Weekly D 2672    http://rec-law.us/Hb6hjG

Campbell v. Derylo, 75 Cal. App. 4th 823; 89 Cal. Rptr. 2d 519; 1999 Cal. App. LEXIS 915; 99 Cal. Daily Op. Service 8401; 99 Daily Journal DAR 10709    http://rec-law.us/1jWsf0S

Carrier v. City of Amite, 2010-0007 (La. 10/19/10); 50 So. 3d 1247; 2010 La. LEXIS 2251    http://rec-law.us/1bBuCex

Chapple, Et Al., v. Ultrafit Usa, Inc., Et Al., 2002 Ohio 1292; 2002 Ohio App. LEXIS 1366    http://rec-law.us/1cyVosh

Childress v. Madison County, 777 S.W.2d 1 (Tenn. Ct. App. 1989)    http://rec-law.us/2sdIhMr

Choi and Keane v. Hunterdon County YMCA, Inc., et. al., 2017 N.J. Super. Unpub. LEXIS 2737    http://rec-law.us/2Af0j3S

Cobb v. Aramark Sports and Entertainment Services, LLC, 933 F. Supp. 2d 1295; 2013 U.S. Dist. LEXIS 20139; 2013 AMC 2563    http://rec-law.us/1WEeFwT

Cole v. Boy Scouts of America, 2011 S.C. LEXIS 383    http://rec-law.us/GXvqum

Cole, et al., v. Camelback Mountain Ski Resort, et al., 2017 U.S. Dist. LEXIS 100183    http://rec-law.us/2y9JMge

Colony Insurance Company v. Dover Indoor Climbing Gym & a., 158 N.H. 628; 974 A.2d 399; 2009 N.H. LEXIS 51    http://rec-law.us/2sNyfi8

Colyer v. First United Methodist Church of New Albany, 2016 Miss. App. LEXIS 160    http://rec-law.us/23ORxmL

Conning v. Dietrich, 2011 NY Slip Op 51340U; 32 Misc. 3d 1215A; 2011 N.Y. Misc. LEXIS 3481    http://rec-law.us/1jOJhZh

Cottom v. USA Cycling, Inc, 2002 U.S. Dist. LEXIS 6745 (W.D. Mich. 2002)    http://rec-law.us/173kQld

Cotty v Town of Southampton, et al., 2009 NY Slip Op 4020; 64 A.D.3d 251; 880 N.Y.S.2d 656; 2009 N.Y. App. Div. LEXIS 3919    http://rec-law.us/MWodNV

Courbat v. Dahana Ranch, Inc., 111 Haw. 254; 141 P.3d 427; 2006 Haw. LEXIS 386    http://rec-law.us/Xm7L53

Cunningham v. Jackson Hole Mountain Resort Corporation, 2016 U.S. App. LEXIS 22608    http://rec-law.us/2qDmlWL

D’Amico, v. Great American Recreation, Inc., 265 N.J. Super. 496; 627 A.2d 1164; 1992 N.J. Super. LEXIS 499    http://rec-law.us/1UrOYl3

Davis, v. 3 Bar F Rodeo, 2007 Ky. App. LEXIS 423    http://rec-law.us/XjgsZB

De Castro v. Odetah Camping Resort, Inc., 2015 Conn. Super. LEXIS 2297    http://rec-law.us/1UYtPiD

Dearnley v. Mountain Creek, 2012 N.J. Super. Unpub. LEXIS 527    http://rec-law.us/1eA8RfR

Derienzo v. Trek Bicycle Corporation, 376 F. Supp. 2d 537; 2005 U.S. Dist. LEXIS 14402; 57 U.C.C. Rep. Serv. 2d (Callaghan) 863    http://rec-law.us/1dwyqyE

DeWitt, Jr. v. Felt Racing, LLC et al., 2017 Conn. Super. LEXIS 235    http://rec-law.us/2gMwDAg

DiFrancesco v. Win-Sum Ski Corp., Holiday Valley, Inc., 2017 U.S. Dist. LEXIS 39695    http://rec-law.us/2q7fJ5O

Dodge v. Grafton Zipline Adventures, LLC, 2015 IL App (5th) 140124-U; 2015 Ill. App. Unpub. LEXIS 1584    http://rec-law.us/1Hp65Pn

Doe v. Cedars Academy, LLC, 2010 Del. Super. LEXIS 559    http://rec-law.us/JsT2yI

Duchesneau v. Cornell University, et al., 2012 U.S. Dist. LEXIS 106412    http://rec-law.us/2mGxOkY

Dunbar v. Jackson Hole Mountain Resort Corporation, 2004 U.S. App. LEXIS 25807    http://rec-law.us/LwaCmb

Duncan, et al., v. Ryba Company, 1999 U.S. Dist. LEXIS 12424    http://rec-law.us/1hwbulZ

Elliott, v. Carter, 2016 Va. LEXIS 151    http://rec-law.us/2eNYr3F

Espinoza, Jr., v. Arkansas Valley Adventures, LLC, 2016 U.S. App. LEXIS 39    http://rec-law.us/1WxAdLI

Fecke v. The Board of Supervisors of Louisiana State University, 2015 0017 (La.App. 1 Cir. 07/07/15); 2015 La. App. LEXIS 1357    rec-law.us/1MSWIsZ

Fein, etc., v. Cook, 2017 N.Y. App. Div. LEXIS 6607; 2017 NY Slip Op 06603    http://rec-law.us/2iSOd75

Fisher v. Sierra Summit, Inc. et al., 2011 Cal. App. Unpub. LEXIS 185    http://rec-law.us/1aOOz1H

Fleury v. IntraWest Winter Park Operations Corporation, 2014 Colo. App. LEXIS 242    http://rec-law.us/M6gByP

Fleury v. IntraWest Winter Park Operations Corporation, 2016 CO 41; 2016 Colo. LEXIS 532    http://rec-law.us/1Us5zjP

Fontaine v. Boyd, 2011 R.I. Super. LEXIS 27    http://rec-law.us/1cw5KZA

Foster, et al., v. Alex Kosseff, et al., 2013 U.S. Dist. LEXIS 40566 (E.D. Wash. 2013)    http://rec-law.us/11pcuzl

Galloway v. State of Iowa, 790 N.W.2d 252; 2010 Iowa Sup. LEXIS 109    http://rec-law.us/MsfCcE

Galvan, et al., v. The Salvation Army, 2011 U.S. Dist. LEXIS 47257    http://rec-law.us/GYhrrF

Gamze v Camp Sea-Gull, Inc., 2012 Mich. App. LEXIS 1227 (Mich App 2012)    http://rec-law.us/17Xyy90

Ganz vs. United States Cycling Federation, 1994 Mont. Dist. LEXIS 756    http://rec-law.us/1fzW8vM

Gemmink v. Jay Peak Inc., 807 F.3d 46; 2015 U.S. App. LEXIS 20768     http://rec-law.us/20lYdSj

Geographic Expeditions, Inc., v. The Estate Of Jason Lhotka, 599 F.3d 1102; 2010 U.S. App. LEXIS 6606    http://rec-law.us/1xtn908

Gibbud et al., v Camp Shane, Inc., 30 A.D.3d 865; 817 N.Y.S.2d 435; 2006 N.Y. App. Div. LEXIS 8254; 2006 NY Slip Op 5075    rec-law.us/2k7MWZ1

Giebink v. Fischer, 709 F. Supp. 1012; 1989 U.S. Dist. LEXIS 7791    http://rec-law.us/1cyS6Fg

Gillette v. All Pro Sports, LLC., 2013 Fla. App. LEXIS 19432; 38 Fla. L. Weekly D 2573    http://rec-law.us/1UhpKkZ

Global Travel Marketing, Inc v. Shea, 2005 Fla. LEXIS 1454    http://rec-law.us/14ywoyb

Gomes v. Boy Scouts of America, et al., 2013 N.Y. Misc. LEXIS 4622; 2013 NY Slip Op 32453(U)    http://rec-law.us/28K5ylz

Gomes v. Boy Scouts of America, et al., 51 Misc. 3d 1206(A); 2016 N.Y. Misc. LEXIS 1088; 2016 NY Slip Op 50444(U)    http://rec-law.us/28K5ylz

Great American Alliance Insurance Company, Plaintiff, v. Windermere Baptist Conference Center, Inc., et al., 2017 U.S. Dist. LEXIS 103148    http://rec-law.us/2wWhuSQ

Gregorie v. Alpine Meadows Ski Corporation, 2011 U.S. Dist. LEXIS 20275    http://rec-law.us/HayvH7

Griffith v. Jumptime Meridian, LLC, 2017 Ida. LEXIS 90    http://rec-law.us/2oChhjb

Grotheer v. Escape Adventures, Inc., et al., 14 Cal. App. 5th 1283; 2017 Cal. App. LEXIS 764    http://rec-law.us/2yCMGar

Gwinner, v. Michael Matt, et al., 2012 U.S. Dist. LEXIS 108827    http://rec-law.us/2cE86vU

Gwyn v. Loon Mountain Corporation, 350 F.3d 212; 2003 U.S. App. LEXIS 23995        http://rec-law.us/1fR7z6Q

Hamill v. Cheley Colorado Camps, Inc., 2011 Colo. App. LEXIS 495    http://rec-law.us/wHui4x

Hanks v. Powder Ridge Restaurant Corporation et al., 276 Conn. 314; 885 A.2d 734; 2005 Conn. LEXIS 500    http://rec-law.us/177o3Fp

Harris v Five Point Mission–Camp Olmstedt, 73 A.D.3d 1127; 901 N.Y.S.2d 678; 2010 N.Y. App. Div. LEXIS 4526; 2010 NY Slip Op 4547    http://rec-law.us/1hA7aGR

Hatch v. V.P. Fair Foundation, Inc., 990 S.W.2d 126; 1999 Mo. App. LEXIS 315    http://rec-law.us/1LSY6fX

Hellweg v. Special Events Management, 956 N.E.2d 954; 2011 Ill. App. LEXIS 725; 2011 IL App (1st) 103604; 353 Ill. Dec. 826    http://rec-law.us/XLyHuF

Hembree v. Johnson et al., 224 Ga. App. 680; 482 S.E.2d 407; 1997 Ga. App. LEXIS 182; 97 Fulton County D. Rep. 622    http://rec-law.us/1lo1eCo

Henderson v. Quest Expeditions, Inc. 174 S.W.3d 730; 2005 Tenn. App. LEXIS 334    http://rec-law.us/1fjsSvW

Herbst v. L.B.O. Holding, Inc., 2011 DNH 72; 783 F. Supp. 2d 262; 2011 U.S. Dist. LEXIS 46977; 85 Fed. R. Evid. Serv. (Callaghan) 285    http://rec-law.us/HdbOY9

Hiett v. Lake Barcroft Community Association, Inc., et al., 244 Va. 191; 418 S.E.2d 894; 1992 Va. LEXIS 69; 8 Va. Law Rep. 3381    http://rec-law.us/2swyKQk

Hines v. City of New York, Korff Enterprises, Inc., 2016 N.Y. Misc. LEXIS 1015; 2016 NY Slip Op 30504(U)    http://rec-law.us/2cnsDBE

Hogan v. Pat’s Peak Skiing, LLC, 2015 N.H. LEXIS 74    http://rec-law.us/1Qg0COq

Hohe v. San Diego Unified Sch. Dist., 224 Cal.App.3d 1559, 274 Cal.Rptr. 647 (1990)    http://rec-law.us/17yfgqr

Hong v. Hockessin Athletic Club, 2012 Del. Super. LEXIS 340    http://rec-law.us/PiKdFq

Hoosier Mountain Bike Association, Inc., et. al., v. Kaler, 73 N.E.3d 712; 2017 Ind. App. LEXIS 133    http://rec-law.us/2yLQquv

Horowitz v Chen, 141 A.D.3d 410; 35 N.Y.S.3d 60; 2016 N.Y. App. Div. LEXIS 5179; 2016 NY Slip Op 05335    http://rec-law.us/2h6YRFJ

Horvath Et Al., v. Ish Et Al., 2012 Ohio 5333; 2012 Ohio LEXIS 2872    http://rec-law.us/UIMpde

In re Aramark Sports and Entertainment Services, LLC, 2014 U.S. Dist. LEXIS 121565    http://rec-law.us/2nvOQGK

J.T., Jr., a minor v. Monster Mountain, LLC, 2010 U.S. Dist. LEXIS 130407; 78 Fed. R. Serv. 3d (Callaghan) 182    http://rec-law.us/woiI3i

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Jiminy Peak Mountain Report, LLC, v. Wiegand Sports, LLC, 2016 U.S. Dist. LEXIS 34209    http://rec-law.us/1TrBYsS

John v. CC Cyclery, 2017 N.Y. Misc. LEXIS 3213; 2017 NY Slip Op 31810(U)    http://rec-law.us/2hDTEpb

Johnson et al., v. Spokane to Sandpoint, LLC, et al., 176 Wn. App. 453; 309 P.3d 528; 2013 Wash. App. LEXIS 1696    http://rec-law.us/2fEuzvg

Johnson v. Gibson, 358 Ore. 624; 369 P.3d 1151; 2016 Ore. LEXIS 129    http://rec-law.us/2la8bMy

Johnson v. Recreational Equipment, Inc., 2011 Wash. App. LEXIS 351    http://rec-law.us/N0zzbe

Johnson v. Royal Caribbean Cruises, Ltd., 2011 U.S. Dist. LEXIS 28128; 2011 AMC 1171    http://rec-law.us/1fAiSMm

Jozewicz v. GGT Enterprises, LLC; 2010 U.S. Dist. LEXIS 53937    http://rec-law.us/Zp7LME

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Kearney, v. Okemo Limited Liability Company, 2016 U.S. Dist. LEXIS 106011    http://rec-law.us/2mSLhLP

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Kelly v. United States of America, 2011 U.S. Dist. LEXIS 89741    http://rec-law.us/GUF3hI

Kendall v. USA Cycling, Inc. et al., 2005 Cal. App. Unpub. LEXIS 5025    http://rec-law.us/2elZ8kV

Ketler v. PFPA, LLC, 2016 Del. LEXIS 19    http://rec-law.us/1QbozXZ

Kidd v. Taos Ski Valley, Inc., 88 F.3d 848; 1996 U.S. App. LEXIS 16060; 34 Fed. R. Serv. 3d (Callaghan) 1440    http://rec-law.us/GVtgOF

King v. CJM Country Stables, 315 F. Supp. 2d 1061; 2004 U.S. Dist. LEXIS 7511    http://rec-law.us/1lo1yB2

Kirton vs. Fields, No. SC07-1739, No. SC07-1741, No. SC07-1742 (FL 2008)    http://rec-law.us/1fqhT37

Knarr v. Chapman School Of Seamanship, 2000 U.S. Dist. LEXIS 5351    http://rec-law.us/2a3ZCuv

Knight v. Jewett, 3 Cal. 4th 296; 834 P.2d 696; 11 Cal. Rptr. 2d 2; 1992 Cal. LEXIS 3969; 92 Cal. Daily Op. Service 7261; 92 Daily Journal DAR 11765; 92 Daily Journal DAR 11870    http://rec-law.us/1fCbn5G

Kopeikin v. Moonlight Basin Management, LLC, 90 F. Supp. 3d 1103; 2015 U.S. Dist. LEXIS 15348    http://rec-law.us/1T9bmfp

Kosok v. Young Men’s Christian Association of Greater New York, 24 A.D.2d 113; 264 N.Y.S.2d 123; 1965 N.Y. App. Div. LEXIS 3042    http://rec-law.us/1c6hzI2

LaFond v. Salomon North America, Inc. et al., 2011 Mass. Super. LEXIS 344    http://rec-law.us/HeyzbL

Laliberte v. White Water Mountain Resorts, 2004 Conn. Super. LEXIS 2194    http://rec-law.us/2eXqBKZ

Lathrop vs. Century, Inc., 2002 Iowa App. LEXIS 1136    http://rec-law.us/2dIphMp

Lautieri v. Bae, 17 Mass. L. Rep. 4; 2003 Mass. Super. LEXIS 290    http://rec-law.us/1iPsNm3

Lemoine v Cornell University, 2 A.D.3d 1017; 769 N.Y.S.2d 313; 2003 N.Y. App. Div. LEXIS 13209 (NY 2003)    http://rec-law.us/1ba9zQc

Lesser v. Camp Wildwood, 282 F. Supp. 2d 139; 2003 U.S. Dist. LEXIS 16170    http://rec-law.us/1lkld3V [53]

Lewis v. Habitat for Humanity of Greater New Haven, Inc., 2012 Conn. Super. LEXIS 146    http://rec-law.us/MvlsmW

Lewis v. Snow Creek, Inc., 6 S.W.3d 388; 1999 Mo. App. LEXIS 421    http://rec-law.us/VZUmgk

Lhotka v. Geographic Expeditions, Inc., 181 Cal. App. 4th 816; 104 Cal. Rptr. 3d 844; 2010 Cal. App. LEXIS 114    http://rec-law.us/1vqetEp

Limones, Sr., et al., v. School District of Lee County et al., 161 So. 3d 384; 2015 Fla. LEXIS 625; 40 Fla. L. Weekly S 182    http://rec-law.us/2hytohk

Linthwaite v. Mount Sinai Union Free School District, 2011 N.Y. Misc. LEXIS 6525; 2011 NY Slip Op 33569U    http://rec-law.us/OjBp2d

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Lizzol v. Brothers Property Management Corporation, Et. Al., 2016 DNH 199; 2016 U.S. Dist. LEXIS 150427    http://rec-law.us/2rAjfn7

Lloyd v. Bourassa, 2002 Me. Super. LEXIS 132    http://rec-law.us/MzwDm8

Lloyd v. Sugarloaf Mountain Corp. et al. 2003 ME 117; 833 A.2d 1; 2003 Me. LEXIS 131        http://rec-law.us/OcE1R7

Lombard v. Colorado Outdoor Education Center, Inc., 2011 Colo. App. LEXIS 1401    http://rec-law.us/1cNrWyz

Lucas v Norton Pines Athletic Club, Inc., 2010 Mich. App. LEXIS 1066    http://rec-law.us/GY61Vq

Mark, v. Moser, 46 N.E.2d 410; 2001 Ind. App. LEXIS 671    http://rec-law.us/ZFsVuR

Marsh v. Dixon, 707 N.E.2d 998; 1999 Ind. App. LEXIS 372; CCH Prod. Liab. Rep. P15,479    http://rec-law.us/2hX2Mq3

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McDonough v. National Off-Road Bicycle Assn. (NORBA), 1997 U.S. Dist. LEXIS 8036 (Dist. Del 1997)        http://rec-law.us/1bXtzet

Mcgarry v. Philly Rock Corp., 2015 Pa. Super. Unpub. LEXIS 3767    http://rec-law.us/1JSr1dz

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McPhail v. Bismarck Park District, 2003 ND 4; 655 N.W.2d 411; 2003 N.D. LEXIS 3    http://rec-law.us/1jSNEWi

Melendez v. Happy Trails and Riding Center, Inc., 2016 U.S. Dist. LEXIS 131576    http://rec-law.us/2s1sLD0

Merten v. Nathan, 108 Wis. 2d 205; 321 N.W.2d 173; 1982 Wisc. LEXIS 2740    http://rec-law.us/1fpNXpz

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Moore v. Minnesota Baseball Instructional School, 2009 Minn. App. Unpub. LEXIS 299    http://rec-law.us/1haHVX7

Moore v. Sitzmark Corporation and Salomon North America, Inc., 555 N.E.2d 1305; 1990 Ind. App. LEXIS 769; CCH Prod. Liab. Rep. P12,523    http://rec-law.us/XFdhcm

Moore v. Waller, et al., 930 A.2d 176; 2007 D.C. App. LEXIS 476    http://rec-law.us/2syDySk

Morgan, v. Kent State University et al., 2016-Ohio-3303; 54 N.E.3d 1284; 2016 Ohio App. LEXIS 2160    http://rec-law.us/2eLmS3l

Morrison, v. Northwest Nazarene University, 273 P.3d 1253; 2012 Ida. LEXIS 82    http://rec-law.us/VEUrmX

Moser v. Ratinoff, 105 Cal. App. 4th 1211; 130 Cal. Rptr. 2d 198; 2003 Cal. App. LEXIS 138; 2003 Cal. Daily Op. Service 987; 2003 Daily Journal DAR 1320    http://rec-law.us/2arVDrM

Murawski v. Camp Nageela, 4 Misc. 3d 1025A; 798 N.Y.S.2d 346; 2004 N.Y. Misc. LEXIS 1542; 2004 NY Slip Op 51045U    http://rec-law.us/GTzlJq

Myers v. Lutsen Mountains Corporation, 587 F.3d 891; 2009 U.S. App. LEXIS 25825    http://rec-law.us/2ngLDKL

N.H., a minor child, v. Sequoyah Council, Inc., Boy Scouts of America, 2012 U.S. Dist. LEXIS 87452 (ED Ten 2012)    http://rec-law.us/1aueWYS

Nageotte v. Boston Mills Brandywine Ski Resort, et al., 2012 Ohio 6102; 2012 Ohio App. LEXIS 5266 (Ohio App 2012)    http://rec-law.us/1aK5zeS

Neustadter v. Mountain Creek Resort, Inc., 2008 N.J. Super. Unpub. LEXIS 1584    http://rec-law.us/HgiwI5

Nutley v SkyDive the Ranch, 2009 NY Slip Op 6153; 883 N.Y.S.2d 530; 2009 N.Y. App. Div. LEXIS 5999 (N.Y. Appel. First 2009)    http://rec-law.us/1kd4DzQ

O’Connell v. Killington, Ltd., 164 Vt. 73; 665 A.2d 39; 1995 Vt. LEXIS 74    http://rec-law.us/1bXtnvD

Ochall et al., v. McNamer et al., 2016-Ohio-8493; 2016 Ohio App. LEXIS 5337    http://rec-law.us/2u0tzVB

Okura v. United States Cycling Federation et al., 186 Cal. App. 3d 1462; 231 Cal. Rptr. 429; 1986 Cal. App. LEXIS 2178    http://rec-law.us/1feOLcP

Oldja v.Warm Beach Christian Camps and Conference Center, 793 F. Supp. 2d 1208; 2011 U.S. Dist. LEXIS 67966    http://rec-law.us/Lv1I4V

Osborn v. Cascade Mountain, Inc., 655 N.W.2d 546, 259 Wis. 2d 481, 2002 Wisc. App. LEXIS 1216, 2003 WI App 1    http://rec-law.us/1n1g5xY

Pagel v. Marcus Corporation, 2008 WI App 110; 313 Wis. 2d 78; 756 N.W.2d 447; 2008 Wisc. App. LEXIS 423    http://rec-law.us/wLWXQJ

Palmer v. Lakeside Wellness Center, 281 Neb. 780; 798 N.W.2d 845; 2011 Neb. LEXIS 62    http://rec-law.us/ZlrDDY

Pavane v. Marte, 37 Misc. 3d 1216A; 2012 N.Y. Misc. LEXIS 5128; 2012 NY Slip Op 52060U    http://rec-law.us/1hRs5kC

Paz v. Life Time Fitness, Inc., et al., 2010 U.S. Dist. LEXIS 133058    rec-law.us/1OOun6d

Pearce v. Utah Athletic Foundation, 2008 UT 13; 179 P.3d 760; 597 Utah Adv. Rep. 13; 2008 Utah LEXIS 16    http://rec-law.us/1dQJeXn

Pellham, v. Let’s Go Tubing, Inc., et al., 199 Wn. App. 399; 2017 Wash. App. LEXIS 1525    http://rec-law.us/2wgH4ml

Perry v. Whitley County 4-H Clubs Inc., 931 N.E.2d 933; 2010 Ind. App. LEXIS 1501    http://rec-law.us/11EpBfs

Philippi v. Sipapu, Inc., 961 F.2d 1492; 1992 U.S. App. LEXIS 6973    http://rec-law.us/1f2kDmp

Powers v. Mukpo et al., 12 Mass. L. Rep. 517; 2000 Mass. Super. LEXIS 566    http://rec-law.us/1hQzwN9

Powers v. The Superior Court Of Sacramento County, 196 Cal. App. 3d 318; 242 Cal. Rptr. 55; 1987 Cal. App. LEXIS 2330    http://rec-law.us/18XIUsc

Raup, v. Vail Summit Resorts, Inc., 2016 U.S. Dist. LEXIS 11499    http://rec-law.us/1ZKGTYn

Ravey v. Rockworks, LLC, Et Al. 12-1305 (La.App. 3 Cir. 04/10/13); 2013 La. App. LEXIS 720 (La. App. 2013)    http://rec-law.us/1kd4rR4

Reardon v. Windswept Farm, LLC, et al., 280 Conn. 153; 905 A.2d 1156; 2006 Conn. LEXIS 330    http://rec-law.us/2eo4X4G

Redmond v. Sirius International Insurance Corporation, 2014 U.S. Dist. LEXIS 5089    http://rec-law.us/1jKRtgb

Reed v. National Council of the Boy Scouts of America, Inc., 2010 DNH 18; 706 F. Supp. 2d 180; 2010 U.S. Dist. LEXIS 9236    http://rec-law.us/R6Y8QO

Ricci v. Schoultz, M.D., 963 P.2d 784; 348 Utah Adv. Rep. 24; 1998 Utah App. LEXIS 57; 75 A.L.R.5th 745    http://rec-law.us/1VM4DsO

Rice, Et Als, vs. American Skiing Company, Et Al, 2000 Me. Super. LEXIS 90    http://rec-law.us/1ff8r0a

Rich et. al., vs. Tee Bar Corp. et. al., 2013 U.S. Dist. LEXIS 10682    http://rec-law.us/YTaTj6

River Riders, Inc., and Matthew Knott, v. The Honorable Thomas W. Steptoe, et al, 223 W. Va. 240; 672 S.E.2d 376; 2008 W. Va. LEXIS 116; 2009 AMC 2157    http://rec-law.us/1nEaoen

Roberts v. T.H.E. Insurance Company, et al., 2016 WI 20; 2016 Wisc. LEXIS 121    rec-law.us/1TeD8F7

Robinette v. Aspen Skiing Company, L.L.C., 363 Fed. Appx. 547; 2010 U.S. App. LEXIS 1543    http://rec-law.us/1iPWrHS

Rogatkin v. Raleigh America Inc., 69 F. Supp. 3d 294; 2014 U.S. Dist. LEXIS 164154    rec-law.us/1QjdYGe

Roy v. The State of Rhode Island et al., 139 A.3d 480; 2016 R.I. LEXIS 88    http://rec-law.us/2xdRsLf

Rubenstein, v. United States of America, 488 F.2d 1071; 1973 U.S. App. LEXIS 6958    http://rec-law.us/1kcBBQA

Rumpf v. Sunlight, Inc., 2016 U.S. Dist. LEXIS 107946    http://rec-law.us/2vjm7J2

Salvini v. Ski Lifts, Inc., 2008 Wash. App. LEXIS 2506    http://rec-law.us/16mpY3U

Sanchez v. Project Adventure, Inc., 12 A.D.3d 208; 785 N.Y.S.2d 46; 2004 N.Y. App. Div. LEXIS 13184    http://rec-law.us/2bvoniY

Sanders v. Laurel Highlands River Tours, Incorporated, 1992 U.S. App. LEXIS 15094 (4th Cir 1992)    http://rec-law.us/19l5IUq

Sanny, v. Trek Bicycle Corporation, 2013 U.S. Dist. LEXIS 65559    http://rec-law.us/1feLZ7o

Santho et al., v. Boy Scouts of America et al., 168 Ohio App. 3d 27; 2006-Ohio-3656; 857 N.E.2d 1255; 2006 Ohio App. LEXIS 3606    http://rec-law.us/2eyw5jq

Sauter v. Perfect North Slopes, et. al., 2014 U.S. Dist. LEXIS 468    http://rec-law.us/1dRY4ND

Schlumbrecht-Muniz v. Steamboat Ski & Resort Corporation, 2015 U.S. Dist. LEXIS 30484    http://rec-law.us/2alW5Kv

Schmidt v. United States of America, 1996 OK 29; 912 P.2d 871; 1996 Okla. LEXIS 38 (Okla 1996)    http://rec-law.us/1lo696e

Schoeps v. Whitewater Adventures LLC; 136 Fed. Appx. 966; 2005 U.S. App. LEXIS 13181    http://rec-law.us/1w1K9xj

Schoonbeck v. Kelly, 2015 Mich. App. LEXIS 223    rec-law.us/1MAHh8E

Schorpp et al., Respondents, v Oak Mountain, LLC, et al., 143 A.D.3d 1136; 39 N.Y.S.3d 296; 2016 N.Y. App. Div. LEXIS 6784; 2016 NY Slip Op 06932    http://rec-law.us/2sckXOu

Scott v. Altoona Bicycle Club, d/b/a the Tour de-Toona, 2010 Pa. Commw. Unpub. LEXIS 513    http://rec-law.us/1o4tTZk

Sharon v. City of Newton, 437 Mass. 99; 769 N.E.2d 738; 2002 Mass. LEXIS 384    http://rec-law.us/12HioNa

Silva v. Mt. Bachelor, Inc., 2008 U.S. Dist. LEXIS 55942    http://rec-law.us/1kIJhgw

Son v. Kerzner International Resorts, Inc., et al., 2008 U.S. Dist. LEXIS 67482    http://rec-law.us/R0QXOB

Squires v. Breckenridge Outdoor Education Center, 715 F.3d 867; 2013 U.S. App. LEXIS 9249 (Co Dist 2013)    http://rec-law.us/1dako4v

Squires v. Goodwin, 2011 U.S. Dist. LEXIS 129234    http://rec-law.us/HerasW

Stephenson v. Food Bank for New York City, 2008 NY Slip Op 52322U; 21 Misc. 3d 1132A; 875 N.Y.S.2d 824; 2008 N.Y. Misc. LEXIS 6704; 240 N.Y.L.J. 82    http://rec-law.us/1o4zFKp

Stolting, et al., v. Jolly Roger Amusement Park, Inc., 2001 U.S. Dist. LEXIS 26572    http://rec-law.us/265Iwqn

Stone Mountain Memorial Association v. Amestoy, 337 Ga. App. 467; 788 S.E.2d 110; 2016 Ga. App. LEXIS 358    http://rec-law.us/2yVbEGT

Stone v Neustradter, 129 A.D.3d 1615; 2015 N.Y. App. Div. LEXIS 5188; 2015 NY Slip Op 05327; 12 N.Y.S.3d 450    rec-law.us/1EL21rH

Stone v. Life Time Fitness, Inc., 2016 Colo. App. LEXIS 1829    http://rec-law.us/2hA8Owr

Strawbridge, Jr., v. Sugar Mountain Resort, Inc., 328 F. Supp. 2d 610; 2004 U.S. Dist. LEXIS 18644    http://rec-law.us/MlJsjF

SW, a minor v. Towers Boat Club, Inc., 2012 COA 77; 2012 Colo. App. LEXIS 642    http://rec-law.us/Nt2vGe

Sweeney v. Ragged Mountain Ski Area, Inc., 151 N.H. 239; 855 A.2d 427; 2004 N.H. LEXIS 126    http://rec-law.us/1RvYL3c

T.K., a minor, v. Boys & Girls Clubs of America, et. al. 2017 U.S. Dist. LEXIS 87005    http://rec-law.us/2uzF1eN

Taylor v. L.A. Fitness International, 2010 Phila. Ct. Com. Pl. LEXIS 252; 16 Pa. D. & C.5th 491    http://rec-law.us/1c8YEWD

Tedesco et al., v. Triborough Bridge and Tunnel Authority, 250 A.D.2d 758; 673 N.Y.S.2d 181; 1998 N.Y. App. Div. LEXIS 5801    http://rec-law.us/17BHwJT

The Estate of Joseph R. Kane, v. Epley’s Inc., 2017 U.S. Dist. LEXIS 48179    http://rec-law.us/2oFChGq

Tone v. Song Mountain Ski Center, et al., 37 Misc. 3d 1217A; 2012 N.Y. Misc. LEXIS 5136; 2012 NY Slip Op 52069U    http://rec-law.us/ZmNWuZ

Travent, Ltd., v. Schecter, 718 So. 2d 939; 1998 Fla. App. LEXIS 12840; 23 Fla. L. Weekly D 2384 (Fl App 1998)    http://rec-law.us/191FT95

Trinidad v. Capitol Indemnity Corporation, 2009 WI 8; 315 Wis. 2d 324; 759 N.W.2d 586; 2009 Wisc. LEXIS 3    http://rec-law.us/1guahzE

Troxel v. Granville, 530 U.S. 57; 120 S. Ct. 2054; 147 L. Ed. 2d 49; 2000 U.S. LEXIS 3767; 68 U.S.L.W. 4458    http://rec-law.us/2s4vsAX

Tunkl v. The Regents of the University of California, 60 Cal. 2d 92; 383 P.2d 441; 32 Cal. Rptr. 33; 1963 Cal. LEXIS 226; 6 A.L.R.3d 693    http://rec-law.us/1fzKfpB

Turnbough v. Ladner, 754 So. 2d 467; 1999 Miss. LEXIS 375    http://rec-law.us/1U9Iiau

Valentino v. Philadelphia Triathlon, LLC, 2016 PA Super 248; 2016 Pa. Super. LEXIS 663    http://rec-law.us/2pjl6ua

Vinson v. Paramount Pictures Corporation et al., 2013 Cal. App. Unpub. LEXIS 3380    http://rec-law.us/190yupL

Wabash County Young Men’s Christian Association, Inc. v. Thompson, 2012 Ind. App. LEXIS 428    http://rec-law.us/2rUpRyE

Walker v. UME, Inc. d/b/a Camp Huaco Springs, 2016 Tex. App. LEXIS 5934    http://rec-law.us/2mhbFdI

Walker vs. Virgin Islands Waste Management Authority, Government of the Virgin Islands, 2015 V.I. LEXIS 8; 62 V.I. 109    http://rec-law.us/2e6v8dG

Walton v. Oz Bicycle Club Of Wichita, 1991 U.S. Dist. LEXIS 17655 (Dist Kan 1991)    http://rec-law.us/1bXuv2i

Weinrich v. Lehigh Valley Grand Prix Inc, 2015 Pa. Dist. & Cnty. Dec. LEXIS 7    http://rec-law.us/1OVPnFi

West Coast Life Insurance Company. Hoar, 558 F.3d 1151; 2009 U.S. App. LEXIS 5266        http://rec-law.us/1fc6RRz

Wethington v. Swainson, d/b/a/ Pegasus Airsport Center, 2015 U.S. Dist. LEXIS 169145        http://rec-law.us/1Y02f2r

Wheelock v. Sport Kites, Inc, 839 F. Supp. 730; 1993 U.S. Dist. LEXIS 17050    http://rec-law.us/MleV50

Whitman et al., v. Zeidman, 16 A.D.3d 197; 791 N.Y.S.2d 54; 2005 N.Y. App. Div. LEXIS 2505    http://rec-law.us/1nRYU2y

Wiemer v. Hoosier Heights Indoor Climbing Facility LLC, 2017 U.S. Dist. LEXIS 149663    http://rec-law.us/2wqzeWC

Wilkerson, v. The City of SeaTac, 2012 Wash. App. LEXIS 2592    rec-law.us/2cMikHq

Wilson v. Wal-Mart Stores, Inc., 161 So. 3d 1128; 2015 Miss. App. LEXIS 216    http://rec-law.us/2ddGzBI

Winiecki v. Wolf, 147 Mich. App. 742; 383 N.W.2d 119; 1985 Mich. App. LEXIS 3127    rec-law.us/1BssHLI

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National Park Service Offers $15 Million in Grants for Outdoor Recreation in Cities

1874651408709286668.png National Park Service
U.S. Department of the Interior
Office of Communications
1849 C Street NW
Washington, DC 20240
202-208-6843 phone
www.nps.gov
National Park Service News Release

National Park Service Offers $15 Million in Grants for Outdoor Recreation in Cities

WASHINGTON – National Park Service Director Jonathan B. Jarvis today opened the application period for $15 million of grants to develop outdoor recreation spaces in urban areas.

“We are excited to offer these competitive grants which will be matched with local partnerships to create safe outdoor recreation places for people, especially young people, in neighborhoods of America’s cities,” Jarvis said.

The National Park Services (NPS) Outdoor Recreation Legacy Partnership Program (ORLP) competitive grants are made available through the Land and Water Conservation Fund (LWCF) and are just the second round of such grants. The NPS obligated $2.9 million of the grants for pilot projects last year. Communities and partners matched that money with projects in eight cities worth a total of $6.1 million.

“I think Congress recognized the value of the projects and partnerships and they responded with a fivefold increase in project grant dollars this year,” Jarvis said. “We’re looking to build on the excitement generated by these pilot projects and grants to add many more projects across the country.”

The NPS will entertain project proposals ranging from $250,000 to $750,000 each, and planning grants up to $75,000. Projects must have matching funds and partners. Outside of the planning grants, funding for eligible projects can be used to acquire and/or develop land to create new, or reinvigorate existing, public parks and other outdoor recreation spaces in neighborhoods that are underserved or lack such opportunities.

Jarvis also announced a pilot planning grant program mini-competition, which will fund special studies to help guide park and recreation investment to where it is needed most in urbanized areas.

The ORLP grants complement the existing NPS LWCF State and Local Assistance Program in targeting national priorities to create new opportunities for outdoor play as well as development or enhancement of outdoor recreation partnerships in cities. Selected projects will showcase how partners at all levels can work collaboratively to leverage investment and support close-to-home recreation opportunities that will connect youth to public lands.

Since its establishment in 1964, the Land and Water Conservation Fund has conserved land in every state and supported tens of thousands of state and local projects. The fund does not use taxpayer dollars; the primary source of income derives from fees paid by oil and gas companies drilling offshore in waters owned by the American people. President Obama proposed full funding for the Land and Water Conservation Fund in the Fiscal Year 2017 budget, and is pursuing permanent authorization in annual mandatory funding for the Fund’s programs beginning in 2018.

Who may apply?

State and local government agencies (e.g., cities, counties, legal subdivisions such as park districts, etc.) and federally-recognized Indian tribes within or serving areas delineated by the Census Bureau from the 2010 census as having populations of 50,000 or more people and consisting of densely settled territory.

How do I apply?

Proposals should be developed in cooperation with the lead agency for LWCF in each state. The full funding opportunity announcement and pre-application materials are available online at grants.gov. Please look for Funding Opportunity Number P16AS00065; Title: Land and Water Conservation Fund Outdoor Recreation Legacy Partnership Program.

When is the deadline for applications?

Applications are due on Friday, May 20, 2016.


Outdoor Recreation Risk Management, Insurance and Law coming this Fall

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Available Soon!E-book available now! | Printed book by August
Outdoor Recreation Insurance, Risk Management, and LawJames H. Moss
As the field of outdoor recreation continues to grow, risk and risk management continue to take on a greater level of importance. Smart organizations see changes coming and evolve and adapt with new strategies for managing risk. In the late 1980s, the outdoor recreation industry moved into the litigation phase and the number of court cases grew exponentially. It is unlikely that litigation and the importance of risk management will be moving out of this field in the 21st century. Outdoor Recreation Insurance, Risk Management, and Law was developed to help train and educate students and professionals in the field. The author, James H. Moss, is the leading expert in the field of outdoor recreation, insurance, risk management, and the law.
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Table of Contents
Chapter OneOutdoor Recreation Risk Management, Law, and Insurance: An OverviewChapter Two

U.S. Legal System and Legal Research

Chapter Three

Risk

Chapter Four

Risk, Accidents, and Litigation: Why People Sue

Chapter Five

Law

Chapter Six

Statutes That Affect Outdoor Recreation

Chapter Seven

Preinjury Contracts to Prevent Litigation: Releases

Chapter Eight

Defenses to Claims

Chapter Nine

Minors

Chapter Ten

Skiing and Ski Areas

Chapter Eleven

Other Commercial Recreational Activities

Chapter Twelve

Water Sports, Paddlesports, and Water-Based Activities

Chapter Thirteen

Rental Programs

Chapter Fourteen

Insurance

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PrintPrice: $80.00ISBN: 978-1-57167-746-4
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Product InformationCopyright: 2015Format: Paperback

Dimensions: 7 x 10

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Desk Copy PolicyIf you are a college or university instructor, you may request a desk copy for a 45-day review period. If you adopt the book as your course text and place an order through your bookstore, notify us, and the desk copy is yours to keep. If you do not adopt the book, you may (a) return it in mint condition or (b) purchase it at a 50% discount. Desk copies may be requested on our website by logging in with an educator account and clicking the desk copy link located on the book’s webpage.
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Outdoor Recreation, Insurance Risk Management and Law

 Coming this fallOutdoorRisk_FinalCoverFull


You guys confuse me and I need Answers to Write articles you want!

I’ll write a post and think this is great, thinking it will get tons of readers and it doesn’t. The other day I wrote post that I thought was sort of OK, but not great, and it got the largest readership ever.

The post Monday, April 27 was one of the most earth shattering decisions in outdoor recreation in over a decade. Yet it received almost 20% less hits then the week before.  You all have indemnification clauses in your release and to date they have all been nullified by the court. Now there is a decisions that supports indemnification clauses with great legal language.

I need to know more about you. If I am to write what you need to know, and want to know, I need to know more about you.  I’m developing a Friday Poll.  Every Friday, for awhile, (or until I’m so confused I don’t know what I’m doing). I’m going to ask a question or two about you. You won’t get anything for answering except hopefully, posts that you want.

Here is the first one. Please answer so I know more about you. Click on your profession below.

If you profession is not listed here, email me and let me know. jim@rec-law.us

Thanks!

Tolve_2

 


You guys confuse me.

I’ll write a post and think this is great, thinking it will get tons of readers and it doesn’t. The other day I wrote post that I thought was sort of OK, but not great, and it got the largest readership ever.

The post Monday, April 27 was one of the most earth shattering decisions in outdoor recreation in over a decade. Yet it received almost 20% less hits then the week before.  You all have indemnification clauses in your release and to date they have all been nullified by the court. Now there is a decisions that supports indemnification clauses with great legal language.

I need to know more about you. If I am to write what you need to know, and want to know, I need to know more about you.  I’m developing a Friday Poll.  Every Friday, for awhile, (or until I’m so confused I don’t know what I’m doing). I’m going to ask a question or two about you. You won’t get anything for answering except hopefully, posts that you want.

Here is the first one. Please answer so I know more about you.

Thanks!

Tolve_2

 


Colorado Outdoor Recreation Resource Partnership meeting Friday: Confluence of Oil & Gas Development and Recreation

Denver Capital building

Denver Capital building (Photo credit: Wikipedia)

Don’t miss this! Please join CORRP on Friday, June 20th for a

discussion about the confluence of oil and gas development and recreation.

Location: Colorado Parks & Wildlife, Hunter Education building, 6060 Broadway, Denver, CO 80216 http://goo.gl/maps/sebC3
Date: Friday, June 20th, from 8:00 to 9AM (doors open at 7:30AM)

CORRP is the Colorado Outdoor Recreation Resource Partnership. CORRP communicates the public value and resulting management needs of Colorado’s diverse outdoor recreation resources in such a way that their intrinsic and economic values are maintained for future generations.

Outdoor Alliance Colorado (OAC) will be providing refreshments. OAC is a state wide human-powered recreation partnership that serves as a platform for members to coordinate their efforts to protect public lands, waters and snowscapes, and to ensure these places can be experienced in a meaningful and sustainable manner. Learn more at: outdooralliance.net/colorado/

Speakers from Outdoor Alliance Colorado include Nathan Fey, American Whitewater’s Colorado Stewardship Director and Leslie Kehmeier IMBA’s Mapping Specialist. They will be sharing their work on a statewide map of the intersection of recreation and oil and gas development.

Jason Robertson, CORRP co-chair and Forest Service Rocky Mountain Region Deputy Director for Recreation, Lands & Minerals will also be sharing agency observations on the relationship between recent developments in the oil and gas industry and land management for recreation.

Don Bruns, Bureau of Land Management Colorado Recreation Program Lead, will present on recent work related to the Visual Resource Management of development as it relates to recreation, with an emphasis on mitigating those impacts.

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National Get Outdoors Day Denver needs a few more Volunteers.

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We Need a Few More Great People!

National Get Outdoors Day

is Saturday, June 14th

We are looking for volunteers!

If you or anyone in your agency would be interested in joining us for a day of fun outdoor activities, please register now!

We need more help with the

GO Play! 5K and Fun Run!

Please contact Melissa Branson with questions.

Thank you!

CPRA & Get Outdoors Colorado

Colorado Parks & Recreation AssociationPOB 1037Wheat Ridge, Colorado 80034

303-231-0943

.

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Submit Your Photos: 2014 Share the Experience Contest America’s federal lands, national parks, forests, waterways and historical sites

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Share the Experience Photo Contest is Back!The 2014 Share the Experience Photo Contest is now accepting entries through December 31. If you’re an amateur photographer, this is your chance to submit inspiring images of America’s federal lands, national parks, forests, waterways and historical sites. The 2014 contest features many prizes and a brand new submission category – Night Skies.Share the Experience showcases amazing photography that highlights the endless recreation opportunities and breathtaking scenery offered by our federal lands. In 2013 about 18,000 images were submitted. See our complete list of 2013 winners and honorable mentions.

Will you be our next winner? The 2014 Grand Prize package includes $10,000, the winning image featured on the 2016 America the Beautiful – The National Parks and Federal Recreational Lands Pass and other great prizes. For a full listing of prizes and rules, or to submit a photo, please visit www.sharetheexperience.org.

2014 submission categories include:

· Adventure & Outdoor Recreation

· Historical & Cultural

· Let’s Move Outside!

· Night Skies – NEW!

· Scenic, Seasons & Landscapes

· Wildlife

Participating Federal Agencies include: National Park Service, U.S. Bureau of Land Management, U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service and U.S. Forest Service.

Make sure you, your family and friends visit www.sharetheexperience.org to view amazing photos and weekly winners, vote for favorites and submit your entries.

Good Luck!

Enter Your Photo NowCONTEST SPONSORSNational Park Foundation
ACTIVE Network
Celestron

 

 

Recreation.gov

Society of Outdoor Recreation Professionals is proud to present the 2014 National Outdoor Recreation Conference

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“Thriving in a New Economic Reality”


The early bird deadline is April 18 – register now and save

The Society of Outdoor Recreation Professionals is proud to present the 2014 National Outdoor Recreation Conference. This year we are featuring presentations that demonstrate how you are adapting and thriving in our new economic reality. You will learn about innovative partnerships, diversifying funding sources, use of technology to streamline, entrepreneurial solutions, adaptive reuse of aging facilities, cultivating political and community support, and other case studies that present new ideas and tools to succeed in today’s economic reality.

Session Spotlight

Communicating with our many stakeholders is an important but sometimes challenging task of a successful outdoor recreation project. Learn from several SORP members and their colleagues about the different approaches they’ve taken in listening and learning from their stakeholders.

Benchmarking: The Art of Talking to People on Benches in an Effort to Keep Them Happy

Intercept surveys are an incredibly useful tool for gaining a solid understanding of existing park user’s perspectives and desires as well as understanding who your agency is currently serving. Intercept surveys generate the type of information professionals crave when developing system plans, master plans, and project plans.

However, this level of outreach can be awkward (walking up to strangers and asking for all kinds of personal information – yikes!!!) and intimidating (resources, bias, data entry/analysis…where do you start???). And what do you do with the information once you have it?

This presentation will walk you through parallel studies conducted in 2008 and 2013 across a system of 19 park units encompassing 27,000+ acres whose annual visitation exceeds 5 million and discuss how to share and use the survey findings to guide thoughtful decisions and long-term plans. Join SORP members Thomas Mercier, Research & Evaluation Coordinator and Kelly Grissman, Director of Planning, Three Rivers Park District to hear about examples that will provide insight on the realistic expectations of the resources required and project outcomes.

A Road Runs Through It

Park planning can be greatly affected by past history. Strong and independent pioneers settled the Ozarks in the mid-1800s. A hardscrabble existence fraught with peril refined the Ozark character. Today, some descendants are thriving and others continue to get by in a beautiful and unforgiving landscape. For all, their ties to the land remain strong and independent, helping further shape today’s Ozark culture. At Current River State Park, local perspectives have been shaped by experiences with the Ozark National Scenic Riverways. Not all of the experiences have been regarded as positive by the populace. The long-festering cultural clash came to a head when local authorities unilaterally pushed a road into the new state park. Join SORP member Bill Bryan, Director of Missouri State Parks, and learn how Missouri reconciled with park neighbors to move forward with the new park even though A Road Runs Through It.

Building Your Plan for Community Engagement and Outreach

The East Bay Regional Park District is comprised of over 113,000 acres in 65 parks and over 1,200 miles of trails within Alameda and Contra Costa County in California. The district, serving the Bay Area for 80 years, is dedicated to improving access to and use of the parks by members of groups that are underrepresented, such as persons with disabilities, the economically disadvantaged and elderly park visitors.

In early 2011, the district opened the Tidewater Boating Center which was funded by State Prop 40 monies to provide outdoor recreational opportunities to under-resourced populations. Through successful partnerships with low-income schools, cities and local non-profit organizations, the district has been able to increase access and awareness of outdoor recreation programs and services in the regional parks. Join SORP member Anne Kassebaum, and her colleagues from the East Bay Regional Park District as you learn how to develop strategies to successfully engage under-resourced populations, develop deep engagement experiences for youth and families in the outdoors and how to utilize community mapping to develop strategic partnerships for engagement and outreach.

Seeking public input through online surveys for resource management planning

Public input is an important factor when preparing a state park Resource Management Plan (RMP), the purpose of which is to document management responsibilities for balancing the use of water and land resources related to recreation. With the growing public demand for outdoor recreation, it is critical to take the public’s interests into consideration. Survey participants were obtained from various sources including Facebook, cabin and campground reservation, golf course membership, and state park friend groups. The SERVQUAL (Service quality survey) was modified to assess park visitors’ desired and perceived service quality for the Oklahoma State Park system. The results provide managers and decision-makers valuable long-term direction and guidelines for effective and efficient management of natural resources. The presentation focuses on the process of obtaining survey participants and developing the survey instrument. You won’t want to miss this session from SORP members Stella Liu and Nicky Wu from Oklahoma State University.

Join the Society of Outdoor Recreation Professionals for their 2014 National Outdoor Recreation Conference May 13-16 in San Francisco, California. Outdoor recreation professionals from local, special district, state, and federal agencies; private sector firms and consultants; university faculty and students; and non-profit organizations gather annually to share success stories, collaborate on challenging situations, and strategize new solutions.

Visit www.recpro.org/2014-conference to learn more, download a preliminary program and register for the 2014 National Outdoor Recreation Conference.

Early bird rates are available through April 18. Register now to save $100 or more on your registration.

~~~~~~~~~~~~~~~~~~~~~~~~~~
Brenda Adams-Weyant
Association Manager
Society of Outdoor Recreation Professionals
PO Box 221
Marienville, PA 16239
(814) 927-8212(814) 927-8212
(814) 927-6659 FAX
Brenda


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.

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

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Wilderness First Aid

Legally what is important about First Aid when you are away from EMS, what is not…………and what is just sleight of hand

Audience:                   Association of Outdoor Recreation and Education

Location:                    Keystone, Colorado

Date:                         2010

Presentation:                       Wilderness First Aid            http://rec-law.us/17L6pQB

clip_image002

This presentation looked at myths and realities of first aid and the special issues of wilderness first aid. It also examined the various state Good Samaritan statutes and why some first aid “designations” might now qualify under the act.

For additional articles on the subject see:

10 First Aid Myths                                                                                                    http://rec-law.us/ySaAwO

Another Way to Teach CPR                                                                                  http://rec-law.us/xEEaRo

CPR is not fool proof                                                                                               http://rec-law.us/w4PrpE

Everyone should write first aid protocols…. Or you could just buy a first aid book!http://rec-law.us/wguXEW

First Aid has its Limits. By law!                                                                              http://rec-law.us/xS1IEk

Letter to the Editor: Wilderness and Environmental Medicine                        http://rec-law.us/AjxzNj

Not a final decision, but I believe an indication of where the law of AED’s is heading however the basis for the decision is nuts!                                                                                          http://rec-law.us/yKC5te

Seriously, you have to send a memo about this, the issue is not what they are doing, it is who you are allowing to instruct.                                                                                                 http://rec-law.us/Ap1bRu

Stopping a rescue when someone is willing to perform may create liabilityhttp://rec-law.us/xuMtOt

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

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#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, First Aid, 1st Aid, Wilderness First Aid, Good Samaritan, Wilderness First Responder,

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PowerPoint I gave at the NHEIC Risk Management Committee Meeting

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

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

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

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

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

·         Assumption of the risk is education at a college

·         How to deal with an outdoor recreation disaster

·         Why People Sue

·         Who should handle your claims

·         The legal issues that risk management plans create

What do you think? Leave a comment.

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

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#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, NHEIC, Risk Management, College, Nazarene,

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2013 National Extension Tourism (NET) Conference Registration is Open

Colleagues: For your information, registration for the 2013 National Extension Tourism (NET) Conference, to be held in Detroit, MI, August 6-9, 2013, is now open. Visit http://extensiontourism.net/conference/net-2013-registration/ for more information.

Steven W. Burr, Ph.D.

Associate Professor of Recreation Resources Management

Director, Institute for Outdoor Recreation and Tourism

Extension Specialist in Outdoor Recreation and Tourism

Utah State University

5220 Old Main Hill

Logan, UT 84322-5220

(435) 797-7094 Office

(435) 797-4048 Fax

email: steve.burr

website: www.extension.usu.edu/iort

The 2013 National Extension Tourism (NET) Conference will be held August 6-9, 2013, in Fort Shelby, Michigan. Visit the NET website at http://www.extensiontourism.net/ for more information.

2013 NET Conference Flyer_final.pdf


GetOutdoorsColorado.org

NEWS RELEASE2013 Natl Get Outdoors Day

SPRING INTO THE OUTDOORS WITH GetOutdoorsColorado.org

Have you ever wanted to go for a hike, a bike ride, or try a new outdoor activity, but you weren’t sure where to go? In celebration of Earth Day, the Colorado Parks & Recreation Association and Get Outdoors Colorado are launched a new website called GetOutdoorsColorado.org to give people thousands of opportunities to explore and experience Colorado.

The new website is an online springboard to all activities and events outdoors in Colorado. GetOutdoorsColorado.org is free for organizations that provide outdoor events and experiences to post and share activities and programs. The website is free for the public to search activities and to create a customized membership for outdoor interests.

GetOutdoorsColorado.org is a Colorado-specific launch pad for people looking for new recreation, educational and stewardship opportunities. Activities and programs can be queried by

14er Yoga Gurus

14er Yoga Gurus (Photo credit: Zach Dischner)

activity type, geographic location, date or organization. Members can post photos and videos of their adventures and even receive email reminders of activities. The website also offers a children’s resource section that features games, trail maps, outdoor myths and outdoor facts.

The interactive website is an outcome of a years’ worth of collaboration between US Forest Service, Colorado Parks and Wildlife, GP Red, Colorado Alliance for Environmental Education, Colorado Kids Outdoors, The Denver Botanic Gardens, The Colorado Parks and Recreation Association and many others. GetOutdoorsColorado.org has more than 80 partners posting activities in 25 different categories throughout 20 counties across the state. The website is also fully integrated on social media platforms to allow for greater connectivity statewide.

“The website is a great resource. It helps us showcase our events and programs to the public in a collaborative and accessible way, in addition to connecting us to a diverse partner network,” said Karl Brummert, Executive Director of the Audubon Society of Greater Denver.

Get Outdoors Colorado is made up of various federal, state and local agencies, nonprofits and for-profit companies that are dedicated to connecting children usfs-logoand families to nature and healthy, active, outdoor lifestyles.

“GetOutDoorsColorado.org is a unique resource for people searching for recreation opportunities across Colorado. With a wide range of partners including parks and recreation agencies, nonprofits as well as tourism organizations, there is an activity for everyone. The website has the ability to search for an activity by type and date in any area of Colorado and allows people anywhere in the state to find something close to home or close to where they are vacationing. It truly is a great way to find your next outdoor adventure,” said Cathy Metz, President of the Colorado Parks and Recreation Association and Director of Parks and Recreation for the City of Durango.

Log on and create an account during the week of April 22 to personalize your GetOutdoorsColorado.org experience and spring into the outdoors this Earth Day!


Issue of whether avalanches are an inherent risk of skiing in Colorado headed for appeal.

Court in Vail case holds they are not, and court in Winter Park case holds they are an inherent risk.

A classic issue is going to be working itself up the appeal ladder in Colorado. In the two lawsuits over deaths in

English: A person cutting a sample from a snow...

English: A person cutting a sample from a snow pit in order to evaluate the risk of avalanches (Photo credit: Wikipedia)

avalanches, one court has ruled that avalanches are an inherent risk of skiing and therefore under the Co Skier Safety Act you cannot sue. The other court has ruled that avalanches are not covered under the act, and the lawsuit can continue.

The court in Winter Park held that avalanches are an inherent risk. The case against Vail ruled that avalanches are not an inherent risk.

The Vail case is about a 13-year-old  boy who was killed in an Avalanche in January of 2012. See Judge: Vail Resorts can be sued for avalanche death. The Intrawest/Winter Park lawsuit is over a death of a man last year also.  See Family of avalanche victim sues Winter Park

Probably, because of the different ruling, if the parties do not settle the suit, the Winter Park lawsuit will appeal the case which will affect the Vail litigation eventually.

One effect of the suit is Winter Park changed its release for season passes this year to include a risk that the release covers, and the signor assumes.

Attached is the order in the Winter Park case from the trial court.

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

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Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

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2013 National Outdoor Recreation Conference

International Union of Forest Research Organizations Conference on Forests for People and Society of Outdoor Recreation Professionals

May 19-23, 2013, Traverse City, Michigan USA

We are pleased to offer this exciting and unique joint forum.  These two research/educational programs will be seamlessly blended, while still retaining the individual identity of the two host organizations.  You will have the opportunity to submit a presentation(s), host a poster session, and attend any session of these two educational programs.

One registration form and one registration fee will cover both conferences.  The program will offer several joint sessions and field workshops, along with separate concurrent sessions tailored directly to the related themes of each conference.  The sessions will be carefully synchronized to allow participants to move across as many as seven choices.

This is a new model for professional education and development tailored for these difficult economic times.  With the co-location and the joint administration of the programs, participants will have more opportunities and a greater experience.

This joint call for presentations and posters allows you to target your presentation and/or poster session to the conference and theme that meets your needs.  People submitting abstracts will be asked to indicate which conference and sub-themes best fits with the content of their abstract.

2nd IUFRO Conference on Forest for People

The aim of this conference by the International Union of Forest Research Organizations (IUFRO) is to build a systematic body of knowledge about “forests for people” and its various facets, including possible future trends and challenges. The conference theme, “A Growing Interdisciplinary Task,” aims to integrate knowledge from various disciplines inside and outside of forestry such as tourism, recreation, education, urban planning and many others.

The main sub-themes of FFP are:

             Livelihoods — issues of agro-forestry, food security,  fuels, poverty alleviation, and human dislocation

             Health, Recreation and Tourism — issues of human health, recreation, and nature-based tourism

             Urban and Rural Landscapes — issues of ecosystem services, economic benefit and development, spaces and places for living, and urban forestry

             Culture and Education — issues of perceptions of forests, spiritual character, education, historical tradition and practice, communication and governance

2013 National Outdoor Recreation Conference

The Society of Outdoor Recreation Professionals is proud to be sponsoring the 2013 National Outdoor Recreation Conference.  The theme of the 2013 is “A Bridge to Prosperity” that will highlight and showcase best practices and case examples on how the outdoor recreation profession (planning, management, research and policy) is a bridge, connector and catalyst for prosperity through tourism, jobs, health and wellness, personal enjoyment and re-creation, education, environmental values and stewardship and sustainable communities.

“A Bridge to Prosperity” will also be examined for the context of four perspectives:

             Planning

             Management

             Research

             Policy and Administration

Presentations

Research presentations are 20 minutes in length (15 minute presentation with 5 minutes for questions).  Management sessions are 1.5 hours in length with 2-4 presenters.  Each presentation will be followed by a few minutes of questions.  Session leads may customize the format of the session to help ensure a quality learning experience.   Selected presenters will be contacted well in advance with more details. The meeting rooms will provide a laptop computer, digital projector, screen, lectern, and audio system (in the larger rooms).  Special requests for eraser boards, dissolve units, video equipment and other specialized equipment will be evaluated on a case-by-case basis.  Please include any special requests in your proposal.  Following the conference, the session presentations and handouts will be posted on the host websites, unless you request otherwise.

Poster Sessions

Participants are invited to submit an abstract for a poster presentation.  Posters will be on display during the conference, with special attention given at the Opening Reception when attendees will have a chance to visit and ask questions.  Tripods will be provided and placed in the large meeting room where breaks will be taken, helping to ensure opportunities for interaction.  The conference will not provide foam core or other supplies and materials to mount the posters.  We ask that you investigate local sources if your plan is to assemble on-site.

Abstracts

The deadline for research abstract submittal has been extended to January 15, 2013

People may submit several abstracts for either presentations and/or posters.  One submission is required for each proposed presentation and/or poster session.  It is important that each abstract includes all the required information.

Response to Abstract Submissions

All proposals will be peer reviewed and selected on the basis of relevance and appropriateness for this conference.  Because of the limited number of program times available, not all proposals are guaranteed a place in the schedule.  All participants submitting an abstract will be notified as to acceptance or rejection by February 1, 2013.

Submission Information

All abstracts should be submitted in English and emailed to Brenda Adams-Weyant at Brenda@RecPro.org.

Conference Information

Conference information will be posted and updated regularly at http://www.recpro.org/2013-sorp-ffp-conference.  Registration is expected to open in mid-January.

Questions?

Feel free to email the co-chairs if you have specific questions:

2nd IUFRO FFP:  Dr. Robert C. Burns at Robert.Burns@mail.wvu.edu

2013 NOR:  Dr. Glenn E. Haas at glennehaas@comcast.net

The following section outlines the costs of the joint conference:

Conference Registration Fees

Early Bird Rates: Register by April 19      Registration after April 19

$385 – Member, Full Conference

(IUFRO and SORP members) $485 – Member, Full Conference

(IUFRO and SORP members)

$485 – Non-member, Full Conference     $585 – Non-member, Full Conference

$250 – Student, Full Conference     $250 – Student, Full Conference

$150 – One-day Registration  $150 – One-day Registration

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2012 Recreation Law (720) Edit Law

Email: blog@rec-law.us

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

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Spokesmen Podcast Tomorrow

English: Cycling around the capitol in Madison...

Get it in on the discussion of the issues of cycling with the people that know….and me!

We’ve got a Spokesmen cycling podcast scheduled for this Saturday. An early Saturday morning of dealing with the quirks and legal issues of cycling…..and that’s just the people on the podcast.

Go to The Spokesmen to sign up and learn about the podcasts. A great discussion about the legal issues of cycling.

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2012 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

#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, Spokesmen, Cycling, Podcast, Fredcast, David Bernstein, Carlton Reid, Arleigh Jenkins, Tim Jackson, Donna Tocci, Richard Masoner, Richard Kelly, DL Byron, Chris Smith, VeloCast, John Galloway, Neil Browne, Jim Moss, Esq.,

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