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Paddlesports Retailer, Madison Wisconsin, What a tradeshow should feel like?

I’ve just finished day one at the Paddlesports Retailer Tradeshow going on now in Madison Wisconsin. It is fantastic. I’m seeing old friends, many I’ve not seen for twenty years. I’m seeing boats that are beautiful and handcrafted that have disappeared from other tradeshows. I’m looking at accessories I did not know existed.

Over the past fifteen years the Paddlesports Industry has felt abandoned by the Outdoor Retailer Summer Tradeshow. During that period, the number of retailers attending Summer OR have continually dropped. This past show, there were probably about a dozen, but I did not count.

There are over 100 exhibitors here. People and products that I had forgotten about. An industry, paddlesports, with a big beating heart that loves water and helping people enjoy the water.

It is a feeling that I’ve not felt at tradeshows for a while, since Outdoor Retailer before it left Reno, NV. When people were excited to attend a tradeshow and looked forward to it. Maybe I’m being nostalgic or dreaming of days long gone and memories are always better than reality. But it just seems….

It is a little laid back, no one rushing down the aisles but that is possibly because you can get around easily, it is small. Larger than OR the first year it was at the Nugget in Reno, but still small. But everyone has a smile on their face. Everyone is happy to be here, and its a tradeshow.

I’ve seen orders being written. I’ve seen people showing lines after the beer came out. I’ve seen people working and product being bought.  I can’t remember the last time I saw an order being written at a tradeshow other than in the Bison Designs booth at OR.

Walking from my hotel in Madison this morning I found myself walking with a retailer. OR came up and he said he had never attended OR. I asked why. He said timing, I would lose thousands to take time off when OR is held and I can’t afford it.  Unsolicited by me. He was also a small Wisconsin retailer.

At the same time, I’ve not seen buyers form the big retailers like REI, etc., It’s a shame. If you believe that paddlesports is what shows up at OR, you are missing out on 90 exhibitors and their products you have not seen. Sure there is overlap, exhibitors, big ones, who attended OR and are here. However I think that is an indication of their support of the idea, rather than a fear of not being here.

The feelings I describe seem to be mirrored by everyone I have talked to at the show. No guarded answers on how things are going, how do you think this will work out or will you come back. All the answers were “this is great, awesome and yes.” People are happy here, people are taking orders and “writing paper” and paper are planning on attending the next one.

The paddlesports manufactures here like the association with other manufacturers in a small exhibit hall. It gives them the opportunity to learn and to shine. Several said it was nice to realize again, they where part of a larger industry.

This show would not have happened with out Darren Bush of Rutabega’s and Sutton Bacon of Nantahala Outdoor Center. Darren’s relationship in the community and knowledge of how conference center’s work, along with and I’m guessing his name and signature brought the show to life.  Sutton Bacon rounded up the hitters to sign on the dotted line to attend.

Are there issues, you bet. You can’t get everything you need here.  The other accessories that a paddlesports shop needs are not going to be here. No stoves (well one stove at the Point 65 booth by Liberty Mountain, no tents, no sleeping bags. None of those things that add up to more dollars spent at a store.  And a lot of those manufacturers are not going to be able to split and do two or more shows. Someone is going to have to give and I suspect, like always it will be the retailers. However if the money item is boats for a retailer, the draw, then this tradeshow is where those retailers need to be.

I was not really thinking of attending, but so many people asked me about the show at OR or told me they were going, I figured it was a Can’t Miss opportunity. I was right.

I’m glad I’m here. I fly home tonight and now wish I had more time to walk and talk the show, to spend more time with old friends, to meet new friends and to enjoy the paddlesports industry.

A little rambling, but an honest evaluation of 24 hours at a new Paddlesports Retailer Tradeshow in Madison.  Thanks Darren & Sutton the team you created to put this together.

Jim

 

 

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Schoeps v. Whitewater Adventures LLC; 136 Fed. Appx. 966; 2005 U.S. App. LEXIS 13181

Schoeps v. Whitewater Adventures LLC; 136 Fed. Appx. 966; 2005 U.S. App. LEXIS 13181

Hubert Schoeps; Christiane Schoeps, as heirs and beneficiaries of Sandra Schoeps, deceased, Plaintiffs – Appellants, v. Whitewater Adventures LLC; Mark Gholson, Defendants – Appellees.

No. 03-17071

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

136 Fed. Appx. 966; 2005 U.S. App. LEXIS 13181

June 15, 2005**, Submitted, San Francisco, California

** This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

June 29, 2005, Filed

JUDGES: Before: TALLMAN, BYBEE, and BEA, Circuit Judges.

OPINION

[*967] MEMORANDUM *

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Hubert and Christiane Schoeps brought a diversity jurisdiction wrongful death action against Whitewater Adventures and its managing owner, Mark Gholson, alleging negligence, breach of contract, and intentional misrepresentation arising from the death of their daughter, Sandra Schoeps, during a whitewater rafting trip organized by the defendants. The district court granted the defendants summary [**2] judgment on all claims. The Schoeps appeal only the dismissal of their negligence claim against Whitewater Adventures. [HN1] We review de novo the grant of summary judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir. 2004).

We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. The district court correctly concluded that California law precludes recovery for Sandra’s personal injuries because she expressly assumed the risk of harm when she signed Whitewater Adventures’ liability release form before participating in the whitewater rafting activity. See Sweat v. Big Time Auto Racing, Inc., 117 Cal. App. 4th 1301, 12 Cal. Rptr. 3d 678, 681 (Cal. Ct. App. 2004) (citation omitted). On the whole, the release is in plain language, contains a clear and comprehensive outline of the kinds of harm that may occur, and has [**3] the clear import of relieving Whitewater Adventures of liability for negligence or other harms. See Saenz v. Whitewater Voyages, Inc., 226 Cal. App. 3d 758, 276 Cal. Rptr. 672, 676-77 (Cal. Ct. App. 1990).

Moreover, we conclude that the liability release was not unconscionable. See Ilkhchooyi v. Best, 37 Cal. App. 4th 395, 45 Cal. Rptr. 2d 766, 774-75 (Cal. Ct. App. 1995) (noting that [HN2] unconscionability has “procedural and substantive elements, both of which must be present to invalidate a clause”). Substantively, it is not unreasonable or unexpected for an organizer of adventure sports to reallocate risk to the participants through a liability waiver. See, e.g., Ford v. Gouin, 3 Cal. 4th 339, 11 Cal. Rptr. 2d 30, 834 P.2d 724, 728 (Cal. 1992). Procedurally, there were no hidden terms in the liability release, and the most oppressive aspect of the situation was that if Sandra refused to sign it she could not go with the group on the river and might be stuck without transportation in an isolated area. But this was not caused by any action or inaction On Whitewater Adventures’ part; nor is there any evidence in the record that Denyse Caven, who had driven Sandra to the meeting point, would have been unwilling to [**4] leave with Sandra or to let Sandra drive herself, nor that no other transportation was available. The district court recognized that Sandra had only a few minutes to decide whether to sign the release and would have lost her pre-paid ticket price had she refused to sign. However, this is not sufficient to constitute oppression or lack of meaningful choice, particularly insofar as Sandra had been given a brochure before the rafting trip in which Whitewater Adventures stated: “we require all trip participants to sign a liability release [*968] waiver before embarking on your trip.” See Ilkhchooyi, 45 Cal. Rptr. 2d at 775.

[HN3] We may affirm on any ground supported by the record, San Jose Christian Coll. v. City of Morgan Hill, 360 F.3d 1024, 1030 (9th Cir. 2004), and therefore do not reach the issue of whether recovery is also barred under the primary assumption of risk doctrine. See Ferrari v. Grand Canyon Dories, 32 Cal. App. 4th 248, 38 Cal. Rptr. 2d 65, 67-68 (Cal. Ct. App. 1995).

The Schoeps’ maritime jurisdiction claim was not presented to the district court and so we do not consider it here. See United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir. 1991). [**5]

AFFIRMED.


If you throw a throwbag incorrectly (yes there is now a right way and wrong way) that can be used to sue you. It used to be the correct way was the swimmer got the rope; incorrect way swimmer missed the rope.

Yo! Raft guides, ever been sued? New ASTM standard will now make that possible!

Well meaning, hardworking volunteers have no idea how they are helping to create lawsuits but here is the perfect example.

ASTM F1730 – 96(2014)

Standard Guide for Throwing a Water Rescue Throwbag

Active Standard ASTM F1730 | Developed by Subcommittee: F32.02

Book of Standards Volume:13.02

Here is how this standard is explained.

Significance and Use

3.1 This guide establishes a recommended procedure for a throwing rescue to ensure the safety of all water rescuers who may be involved in rescue techniques at a water rescue emergency.

3.2 This water rescue technique can be utilized from land, boat, or any stable platform.

3.3 All persons who are identified as water rescuers shall meet the requirements of this guide.

3.4 This guide is intended to assist government agencies, state, local, and regional organizations; fire departments; rescue teams and others who are responsible for establishing a minimum performance for personnel who respond to water emergencies.

3.5 The procedure outlined in the document may vary with the number and type of victims, and water conditions.

1. Scope

1.1 This guide covers the recommended procedures for throwing a water rescue throwbag.

1.2 This guide is one in a series of water rescue techniques for the water rescuer.

1.3 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.

Does this apply to raft guides? I would say yes.

Is a raft guide a “water rescuer” who may be involved in rescue techniques at a water rescue emergency.” If so you have to meet the requirements of this guide.

Do you know the name of a group of people who meet this definition? “…others who are responsible for establishing a minimum performance for personnel….” They are called a jury.

Let’s see how this is a messed up idea.

You were a high school quarterback with a good arm. You can throw a throwbag just like a football with great accuracy.

You are right-handed and standing on shore next to a rock wall. There is not room to throw the throwbag underhanded.

You are on a 12’ raft in the Royal Gorge on the Arkansas River. Does the definition of 3.2, which describes a boat as stable apply to you? Since your boat is not stable should you knot use your throwbag? Are you allowed to throw any way you can, if you are not stable?

Seriously, why is someone writing these things? Can’t they see how broadly this is written and how much damage it will do?

Look, someone is in the river it doesn’t matter if you are throwing the bag backwards, blindfolded standing on one leg in a pink tutu. If you get the rope to the swimmer, that was the correct way!!!

 

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Bill before congress to open the Yellowstone River and Grand Teton National Parks to paddling has an interesting side

The bill is sponsored by, let’s say, a very non environmental supporter in Congress. The bill is part of several other bills which are not so innocuous and the bill opens vast areas to paddling that the NPS will not be able to control.

You can find the bill here:

113th CONGRESS

1st Session

H. R. 3492

IN THE HOUSE OF REPRESENTATIVES

November 14, 2013

Mrs. Lummis (for herself and Mr. Bishop of Utah) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To provide for the use of hand-propelled vessels in Yellowstone National Park, Grand Teton National Park, and the National Elk Refuge, and for other purposes.

1.

Short Title

This Act may be cited as the ” River Paddling Protection Act “.

2.

Regulations Superseded

(a)

In general

The following regulations shall have no force or effect with regard to hand-propelled vessels and the Secretary of the Interior may not issue substantially similar regulations that apply to hand-propelled vessels:

(1)

Section 7.13(d)(4)(ii) of title 36, Code of Federal Regulations, regarding vessels on streams and rivers in Yellowstone National Park.

(2)

Section 7.22(e)(3) of title 36, Code of Federal Regulations, regarding vessels on lakes and rivers in Grand Teton National Park.

(b)

Wildlife-Dependent recreational use

Notwithstanding section 25.21(a) of title 50, Code of Federal Regulations, regarding National Elk Refuge, the use of hand-propelled vessels on rivers and streams in the National Elk Refuge shall be considered a “wildlife-dependent recreational use” as that term is defined in section 5(2) of Public Law 89–669 ( 16 U.S.C. 668ee(2) ).

On the surface it looks great. We can paddle on a couple of rivers that have been closed forever. However, does it open up too much?  It does not stop on the Yellowstone River but all rivers in Yellowstone National park. The same with Grand Teton National Park, everything will be fair paddling game.

Honestly, I don’t know if that is good, great or bad.  You need to read and investigate for yourself.

Here are some comments: Protection of parks requires self restraint and Lummis Boating Legislation for Yellowstone and Grand Teton Parks Misguided.

Do Something

Read, educate yourself and get involved.

What do you think? Leave a comment.

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Copyright 2014 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Northern Forest Canoe Trail looking for new Executive Director

header-logo

Am sorry to advise that Kate Williams will be leaving the Northern Forest Canoe Trail in mid-February after many years and incredible accomplishments as Executive Director. She has accepted a new position at 1% For The Planet, a locally based group with worldwide influence that creates a venue for corporations to donate 1% of their profits to environmental non profits (http://onepercentfortheplanet.org/).

NFCT 2

But onward and upward for the Northern Forest Canoe Trail and we are now in search mode for her replacement. Here’s a link to full particulars about the opportunity: http://www.northernforestcanoetrail.org/AboutNFCT-2/NFCT-Jobs-83

Feel free to circulate as you see fit! The Trail is rapidly becoming a sought after model of environmental stewardship, outdoor recreation, and rural community vitality.


News May 27, 2013

Rundown of weekly news that might be of interest!

 

Legal

The age that minors become adults.

I am constantly writing about the different legal issues of minors, here you can check on what that means for your state.

The age when a minor becomes an adult is currently 18 in 47 states. Alabama and Nebraska state law says an adult is someone who is 19 or older and Mississippi an adult is 21 or older.

There are exceptions for all the laws on minority in each state. A minor can become an adult if they marry, if they are emancipated or by special statutory exceptions.

See http://rec-law.us/13YGKFq

 

Against the law now for kids to not pay attention?

Parents sue because kids were playing. Group of kids on a YMCA outing to a miniature golf course were playing around. One kid hit another in the mouth with a golf club and injured the girl. The parents are suing for inadequate supervision.

How many adults would you have to have to keep kids from playing around? 10 kids, 20 adults? The only result of these suits is kids are not going to be taken care of by adults except their parents.

See http://rec-law.us/11s9pNV

 

Commercial whitewater fatality on the Kenai Peninsula‘s Six Mile Creek.

See http://rec-law.us/11qnIm6

 

 

Skiing

Vail just got bigger!

Vail resorts just signed a 50 year lease to run The Canyons in Utah. This will make the Vail Season pretty amazing. Nine resorts (the PR forgot about #A-Basin) will be available to season pass holders in three states: CO, UT and CA.

See http://rec-law.us/159gWWI

 

Is resort a fake? Town is

New 23 lift resort has been approved in #BC Canada. Approval was granted by a town council of a town that does not exist…..

See http://rec-law.us/11yCD3F

 

Paddlesports

Rituals v. Habits

Great article about how commercial boatman, sometimes pick up habits that become rituals in the Grand Canyon.

See http://rec-law.us/13SNq7U

 

If you can call water flowing between concrete walls on a concrete floor a river……

The Los Angeles River is now open to the public again. Or at least 2.5 miles of it.

See http://rec-law.us/15iCm3b

 

Training

Future Career or future disability

Training kids too hard to early does not create great athletic prodigies, only injuries.

See http://rec-law.us/124vKIG

#Nike has stopped its support for #LiveStrong.

See http://rec-law.us/10xQPsb

 

Mountaineering

Climb meaning sitting in you easy chair with a beer

New iOs App allows you to climb Mtn Everest.

See http://rec-law.us/18om8tK

 

One way to get down

Video of a base jump? Paraglide off Mt. Everest

See http://rec-law.us/10MdBJm

 

Overachievers!

Not satisfied to climb Mt #Everest once, David Liano Gonzalez climbed it twice, in the same season, once from the South Side (Nepalese) and once from the North Side (Chinese).

See http://rec-law.us/13nZV9j

 

It’s still climbing….right?

Companies are considering putting a ladder on the Hilliary Step on Mt. Everest. There is already a ladder on the North side.

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

Nepal demanding payment for summit broadcast

There are actually rules for climbing Mt. #Everest. One of those is you cannot #broadcast from sacred areas. The summit is a sacred area. Now Nepal wants paid for a broadcast.

See http://rec-law.us/146m6Qi

 

OR Business

Things change

#Nike has stopped its support for #LiveStrong.

See http://rec-law.us/10xQPsb

 

OR Life

Animals are amazing

Video of amazing ways that animals defend themselves.

See http://rec-law.us/13YGCWv

Oh, I’m a survivor

What happens after 400 years under a #glacier and the glacier retreats? Well if you are a #Moss you start to grow again.

See http://rec-law.us/13YGExx

 

This is just so wrong

10 Apps for Enjoying the Great Outdoors

See http://rec-law.us/159rmWq

 

 

Environment

With Glaciers retreating the mountains are coming down also.

See http://rec-law.us/16sM4o9

 

Cycling

Infographic for cycling pre-ride checklist.

See http://rec-law.us/133kAka

 

Mind the Ride

A bike riding group, Denver Cruisers (http://rec-law.us/17t1bOD) which rides every Wednesday night around downtown Denver has created a bicycle awareness campaign.

The campaign is pretty stark, very good and great for a group just not to promote themselves.

See http://rec-law.us/18z1SDb

 

 

What do you think? Leave a comment.

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

What do you think? Leave a comment.

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

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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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Be Part of a World Record of People Wearing PFD’s (life jackets)

CALLING ALL DENVER AREA COUNCIL CUB SCOUTS, BOY SCOUTS, VARSITY TEAMS, VENTURING CREWS AND SEA SCOUTS SHIPS —

National Safe Boating Council

National Safe Boating Council (Photo credit: Wikipedia)

YOU ARE INVITED TO COME JOIN THE COAST GUARD AUXILIARY AT CHATFIELD STATE PARK, SATURDAY, MAY 18, @ THE SOUTH MARINA RAMP AREA

TO HELP SET A NEW WORLD RECORD OF PEOPLE WEARING LIFE JACKETS.

This event is the kickoff to National Safe Boating Week, May 18-24, 2013, by the National Safe Boating Council. All Scouts in full uniform (bring your life jacket with you though) will be admitted at the Park’s entrance on Saturday morning for this photo opportunity. Arrive prior to 11:45 a.m. to allow time for parking. Gather by 11:45 a.m. at the grassy area adjacent to the South Marina ramp area. There will be Auxiliary signs posted for your convenience. A group photo, like the one above, will be taken at Noon and submitted later to the National Safe Boating Council so they can add up the numbers. LET’S BREAK 4,000 THIS YEAR!

Auxiliarists will be on hand to answer questions from scouts and parents about Recreational Boating Safety as well as be available for vessel safety checks on any and all boats you or your unit might be using this boating season. The Auxiliary hopes to have their Patrol Boats in the water on Saturday as well. Scouts would be allowed to view these facilities and ask questions about what the Auxiliary members do while on patrol on our reservoirs. (However, U.S.C.G. regulations prohibit anyone other than Auxiliarists be on board these facilities. Sorry Scouts.)

Any questions or concerns please call Amy McNeil at (303) 973-6207. Hope to see you all there.

English: United States Coast Guard Chief Direc...

English: United States Coast Guard Chief Director Auxiliary (“The Director of the Auxiliary is the direct representative of the Commandant of the United States Coast Guard to the United States Coast Guard Auxiliary” (Title 14 United States Code Chapter 23) (Photo credit: Wikipedia)