Warning Labels or Signs: Do yours make sense and do they work?

The only constant in life is the speed of light (so they say) so your warning labels need to be written to be alive and changing.

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We write warning labels so that they are designed to last forever and cover everything. Again, like a constant, nothing lasts forever. So how do you write warning labels?

Identify three different warnings you need to tell your customers about.

1.     Those they need to see every time they use the product.

2.     Those labels your customers need to read to cover your butt and the legal ones (warranty disclaimers).

3.     Those you don’t know about

Group One

Let’s start with the first group. These warnings can be broken down into several questions to help you identify them.

A.           Does your product work the same way every time? If not you may need a warning label.

B.           Does your product have something that if used incorrectly will cause an injury and is done in such a way that the consumer needs reminded of it every time your product is used?

C.           Is there a warning that all of your competitors are using.

Group Two

The second group is a mix of information your customer needs to know, the information your customer can only learn from you; the information needed to protect your customer from every aspect of your product, including hitting someone on the head with it.

Finally add the legal disclaimers needed to CYA.

The label should state the maximum load the product can handle, divided by 3, the maximum stress labeled at 25%. You need to give yourself room for bad testing on your part and wild accusations on the part of your customer. The basics; hot, cold, electrical, wet, storage, heat, sun, freezing, those things that hurt or could kill your customers or ruin your product.

The final thing is the newest and the scariest. You must keep your customers informed of any changes or updates to your product as well anything new you discover about your product. A critical part of this is learning that your product is being used in a way that you did not anticipate or used incorrectly.

The good news is you can use your company website to inform people of the risks.

This is an emerging area of the law, now well-formed and not in all states. However, you can either take a marketing opportunity and make it possible CYA or be late to the game.

Your warnings must sense.

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One of my favorite signs.

Rules for riding the amusement ride. The ride is for little kids, who CAN’T READ! The sign says you can’t weight more than 170 pounds, but your knees would be bumping on the floor.

So is a warning sign effective if it can’t be seen? What if it can’t be understood? What if it can’t be read because the reader cannot read?

Do Something

Rules for Warning Labels

1.   They have to be readable, the first day through the last day of the product.

2.   They have to be found, easily, by someone using the product properly and if used improperly is a real possibility, seen by those using the improperly.

3.   They have to be readable. The print size must be large enough so that you can read them without glasses at the distance appropriate for the product and the warning.

4.   Labels have to be warning labels and marked as such. It can’t be cuddly bears showing what not to do or kittens. It should say Warning in big bright bold letters with the warning under it.

5.   You don’t search for warning labels; they are in your face.

6.   Any warning not to do something is the possible injury or problem is located. If sticking a pin in a hole would cause an injury the warning label needs to be next to the hole.

7.   All Warning Labels must be repeated in the owner’s manual. Important warning labels may need to be on a hangtag.

8.   The packaging, the owner’s manual and the warning label all must say to read all warnings.

What do you think? Leave a comment.

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

Copyright 2013 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

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Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

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

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

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RELEASE (Waiver) CHECKLIST

What do I look for when evaluating releases or writing one?

If you are getting ready for your summer recreation business it is always a good idea to make sure your paperwork is up to date and ready to go. This is a checklist to help you check your release and make sure your release is doing more than wasting paper.

Not all of these clauses mentioned in the checklist may be needed.  However, some of them are critical and they may all be modified based on your activity, program, employees, and ability to undertake the risks.

I’ve divided this checklist into three major parts:

·         Required for your Release to be Valid: What is absolutely required

·         Needed: What you should have for your release to be valid in most states

·         What Your Release Cannot Have: What you should never have in your document

There are some subsections also that are fairly self-explanatory. This will probably not be in all releases, but may be required in your release based on what you are trying to accomplish or what you are doing.

Required for your Release to be Valid

     Contract: The legal requirements for a contract are met if the release is signed

     Updated Recently: Has your release been reviewed by an attorney in the past year or do you work with an attorney that updates you on changes you need to make to your release?

    Notice of Legal Document: Does your release someplace on its face, give notice to the person signing it that they are signing a release or a legal document?

     Parties: You have to identify who is to be protected by the release and who the release applies too.

     Assumption of Risk Language: Does your release contain language that explains the risk of the activities the release is designed to protect litigation against.

     Agreement to Assume Risks: Do your release have language that states the signor agrees to assume the risk

     Magic Word: Negligence: Does your release have the signor give up their right to sue for negligence?

     Plain Language: Is the release written so that it can be understood? Is it written in plain English?

     Venue: Does your release have a Venue Clause?

     Jurisdiction: Does your release have a Jurisdiction Clause?

     Signatures: Does your release have a place for the signor to date and sign the release

     Nothing in your marketing program invalidates your release.

     Information to complete the continuing duty to inform

Items that may be Needed Dependent upon the Purpose of the Release

  Parental Release

  Product Liability Language

  Release of Confidential Medical Information

  Signor has viewed the Website

  Signor has viewed the Videos

  Signor has read the information

  Signor has conveyed the necessary information to minor child

  Reference to required Statute

     Demo Language

Needed

  Notice of Legal Document:

        Notice of Legal Consequence: Does your release state there may be legal consequences to the signor upon signing?

     Opening/Introduction: Does your release have an opening or introduction explaining its purpose

 Assumption of Risk Language

              Minor Injuries Noticed

              Major Injuries Noticed

              Death

              Mental Trauma

     Risks Not Associated with Activity

              Required Statutory Notice

              List Not Exclusive/ Exhaustive

     Agreement to Assume Risks

              Capable of Assuming Risks

     Lost Personal Property

     Drug & Alcohol Statement

     Company Right to Eject/Refuse

     Good Physical Condition

              Able to Undertake

              Good Mental Condition

     Magic Word: Negligence

              All Magic Words

     Protects Against

              Lost Money

              Lost Time

              Loss of Life

              Medical Bills

              Injuries

     Indemnification Clause

              Parent/Child

              Spouse/Spouse

              SAR

              Medical Evacuation

     Parties

              Legal Entity

              Employees

              Officers/Directors

              Agents

              Volunteers

              Other Participants

              Other Parties

     Participant Parties

              Participant

              Participant Spouse

              Participant Children

              Participant Heirs

     Plain Language

     Alternative Resolution

              Arbitration

              Mediation

     Venue

              In the US

              Out of the US

     Jurisdiction

     Indemnification

              Third party costs

              First party costs

     Severance Clause

     How Release is to be interpreted

     Liquidated Damages

              Breach of Covenant of Good Faith

     Misc. Clauses

              Severance Clause

              Enforceability post Trip

              Copy as good as original

              Photo Release

     Adequate Insurance

     Medical Release

              Medical Transportation

              Permission to release medical information

              Waiver of medical confidentiality

              Waiver of HIV status

     Statement as to Insurance

     Incidental issues covered

     Previous Experience

     Medical Condition

     Read and Understood

     Signatures

              Participant Signature

              Both Parent Signatures

              Child Signature

     Medical Insurance information

     Overall Review

     Plain Language:         Readability Level ________

     Adequate Typeface: Typeface Size _________

     Readable

     Release language in Plain English

     Agreement that the document has been read

     Agreement that the signor agrees to the terms

What Your Release Cannot Have

     Places to Initial

     Small Print

     No heading or indication of the legal nature

     No indication or notice of the rights the signor is giving up

     Release Hidden within another document

     Important sections with no heading or not bolded

     Multiple pages that are not associated with each other

Miscellaneous Clauses your Release may Need

     Electronic Signature Clause

     Rental Agreement Clause

     Alternative Resolution

              Arbitration

              Mediation

     Demo Language

              Understand use of Equipment

              Accept Equipment As Is

              Agree to ask questions about Equipment

              Understand Demo Equipment has more Risk

     Rental Language

More articles about releases.

Release/Waivers: The basics, the very basics!                                                  http://rec-law.us/AaqwqH

Releases 101                                                                                                           http://rec-law.us/xGL0I3

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

States that do not Support the Use of a Release                                               http://rec-law.us/zHGQsZ

What is a Release?                                                                                                 http://rec-law.us/xMECTc

I found a release on the internet. It will work right!                                            http://rec-law.us/14w6qeh

If you are interested in a Professional Review of your Release please let me know.

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, Release, Waiver, Covenant not to sue, Exculpatory clause, Exculpatory Agreement, Contract,

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