Meetings and the Law: Creating and Managing a Risk Management Plan

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DMAI’s Destinations Showcase Washington, D.C. CREATING AND IMPLEMENTING A VIABLE RISK MANAGEMENT PLAN DMAI’s Destinations Showcase Washington, D.C. Thursday, February 24, 2011 9:00 a.m. – 10:15 a.m. 10:30 a.m. – 11:45 a.m. 1

description

Join industry attorney Barbara Dunn and veteran meeting professional Bonnie Wallsh as they lead an interactive and informative session on today's most pressing liability and crisis management issues. Together, we will differentiate types of risk management, discuss risk management techniques, identify liability concerns, and review a risk management plan. Be prepared to share your questions and to roll up your sleeves and jump into real life case studies with your colleagues.

Transcript of Meetings and the Law: Creating and Managing a Risk Management Plan

Page 1: Meetings and the Law: Creating and Managing a Risk Management Plan

DMAI’s Destinations Showcase Washington, D.C.

CREATING AND IMPLEMENTING A VIABLE

RISK MANAGEMENT PLAN

DMAI’s Destinations Showcase Washington, D.C.Thursday, February 24, 2011

9:00 a.m. – 10:15 a.m.10:30 a.m. – 11:45 a.m. 1

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PresentersPresenters

Barbara F. Dunn, Esq., Attorney and PartnerHowe & Hutton, Ltd.1421 Buckhurst Court

Ballwin, Missouri 63021Direct Line 636/256-3351 Fax 636/256-3727

[email protected]

Bonnie Wallsh, MA, CMP, CMM, Chief StrategistBonnie Wallsh Associates, LLC

Meeting Management Consulting and Training6328 Red Maple Drive

Charlotte, North Carolina 28277Mobile: 704 491 0921

[email protected]

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Risk Management

As meeting and event professionals, our most important role is to take responsibility of our attendees.

It’s an awesome burden since there are many things out of our control.

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Risk Management

After participating in this workshop, you’ll be able to:• Identify types of risk management• Learn how to assemble a risk management team• Analyze the critical elements of your risk

management plan• Assemble resources to guide you in developing your

risk management plan

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Risk Management

• Definition• Risk Management Techniques

– Avoid the Risk– Accept the Risk– Transfer the Risk – Indemnification– Insure the Risk– Release and Waivers

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Sample Indemnification Clause

"Supplier shall indemnify, defend, and hold harmless [Organization Name], its officers, directors, employees and agents and each of them (collectively "the indemnitees"), from and against any and all claims, demands, actions, judgments, costs, and expenses, including costs of defense thereof, incurred by any of the indemnitees caused by or arising from the negligence, gross negligence, or intentional misconduct of Supplier, its officers, directors, employees, agents or contractors."

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Risk Management • Liability Concerns

– Tort• Negligence

– Duty– Breach– Cause– Damage

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Risk Management • Liability Concerns

– Tort• Liquor Liability

– Dram Shop vs. Social Host– Indemnification– Insurance

• Defamation– Speakers– Entertainers– Authors

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Risk Management • Liability Concerns

– Contract– Statutory

• Copyright Law– Ownership– Infringement– License vs. Ownership

• Trademark Law– Ownership– Infringement

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Risk Management • Current Events/Global Implications

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Risk Management • Crisis Planning/Management

– Before the event• Identify all potential problems• Ask questions• Obtain information• Assemble your team• Identify corresponding contingency plans for each risk• Check Insurance• Consult with security• Collect emergency contacts and information

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Risk Management • Crisis Planning/Management

– Once the Plan is in Place• Inform everyone of plan• Train staff• Communications equipment• Run drills• Life saving techniques, equipment or medical staff on

site• Regularly review and update as appropriate• Customize it to fit group• Troubleshoot potential problems• Prepare for being on site

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Risk Management • Crisis Planning/Management

– During the event• Manage it - don't panic• Communications• Compassion

– After the event• Follow up• Crisis Communication

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SCENARIO 1

What would happen if you had a conference scheduled in Cairo, Egypt the week of February 28, 2011?

What do you do?

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SCENARIO 2

A 3 day meeting of 180 attendees, which will be held several hours away by plane, is being managed by a meeting planner within your organization. He becomes ill and he can’t attend the meeting. You must take over in his place and manage the meeting.

What do you do?

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SCENARIO 3

A member of the executive board of the local chapter of MPI is found dead in her room the morning of the business meeting and educational session.

What would you do?

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SCENARIO 4

You are being brought in as a consultant to evaluate the 45th Super Bowl game at Cowboy Stadium in Arlington, Texas.What suggestions would you make?

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SCENARIO 5

You will be organizing an outdoor event at which constituents will meet their congressional representative.

How will you insure that the event gproceeds uneventfully?

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ORGANIZE A RISK ASSESSMENT MEETING

Who should attend?

Assign pre-work

Prepare a detailed agenda

What are the worst situations that could happen to your attendees and/or event and are you prepared to manage them?

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SECURITY ISSUESHurricane/ Flooding

• Allocate staff to notify facility, suppliers, attendees, and exhibitors.

• If hurricane occurs while event is in progress, safety of attendees takes precedence over event.

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SECURITY ISSUESHurricane/ Flooding

• Monitor weather reports closely. If event needs to be rescheduled, refer to contact lists.

• Determine whether location or date needs to be changed.

• Create list of decision makers who should be contacted to determine course of action.

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SECURITY ISSUESSnow/ Ice Storm

• Closely monitor weather reports and check flights/ airports.

• If an event is in process, contact decision makers to determine whether to terminate the event.

• Set up a transportation hub at the registration desk to reschedule flights.

• Contact decision makers to determine if event is to be cancelled. Notify all attendees, suppliers, exhibitors.

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SECURITY ISSUESTornado

• The safety of your attendees is the 1st priority.

• Check with facility for their emergency plan during your site inspection, prior to the event, and obtain copies for your records.

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SECURITY ISSUESFire

• Locate fire exits prior to the event. Be sure that exits are clearly marked and that doors are unlocked and open from within.

• Contact fire department immediately upon observing fire and contact facility to evacuate.

• Remain cool, calm, and collected. Rely on decision makers to determine course of action.

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NATURAL DISASTERSEarthquake

• Anticipate potential problems in earthquake-prone areas. Attendees should be advised to keep shoes, bathrobe, glasses, medication, and valuables in close proximity to the bed.

• Review emergency procedures with facility prior to the event and obtain copies of their emergency procedures prior to the event.

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HEALTHPlanner

Self Family

Document all meeting information and contact telephone numbers in a staging guide with a duplicate copy given to a trustworthy staff member.

This information should be computerized and printed out to include last minute information and changes.

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HEALTHMeeting and Event Planning Staff

Each staff member should completely document individual responsibilities and data with a duplicate copy given to a designated individual. Copies should be kept in an easily accessible location in case of an individual emergency.

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HEALTHSuppliers/ Facility Contact

Request that all suppliers and facility contacts have a designated back-up in case of an emergency. Get the names and contact information in writing.

Mobile phonesOffice telephone numberHome telephone numberE-mail address

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HEALTHAttendees

• Illness– On registration forms, attendees should be

requested to complete emergency contact information which includes the following:

• Person (s) to be contacted• Contact information including work and home medical

information• Health plan physician with telephone number• Authorization for emergency treatment

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HOME OFFICE/ON-SITE OFFICEBURGLARY

• Maintain back-up of data and staging guide in separate physical location.

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HOME OFFICE/ON-SITE OFFICEFIRE

• Are sprinklers and fire extinguishers up to code?

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HOME OFFICE/ON-SITE OFFICELoss of Conference Material

• Always carry one or more sets of originals separately from shipped material.

• If possible, allow a cushion of time to allow for delays in transit.

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STAFF RESIGNATIONS

• Before it’s needed, create a list of resources to use in contracting for temporary assistance. Networking is a key factor in helping to attain emergency assistance.

• Create a strategy plan ahead: who should be contacted if key people resigned on short notice.

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HOME OFFICE/ON-SITE OFFICETheft

• Keep all rooms locked up when not in use. Warn staff to keep close watch of handbags and laptop computers at all times.

• Value of the data matters even more than the value of the electronic equipment

• Always use security locks on laptops and projectors

• Con artists don’t look like con jobs

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HOME OFFICE/ON-SITE OFFICE Theft

• Cash, checks, and credit card receipts should be deposited in a safe deposit box regularly. Notify facility security that money is being collected and additional security is requested in the registration area.

• Be aware of distractions

• Valuables should NOT be left laying around sleeping rooms; they should be deposited in a room safe deposit box or hidden.

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HOME OFFICE/ON-SITE OFFICEAccidents

• In this litigious society, do NOT accept responsibility on your behalf, association, or facility for any accident.

• Respond to the situation emphatically and unemotionally.

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SECURITY ISSUESActs of War/Terrorism

Avoid dangerous areas.

Check with the State Department for areas to be avoided when scheduling an international meeting or event.

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SECURITY ISSUESIndustrial Espionage

Use acronyms to identify group on signs within facility. Always check signboard to learn other groups in-house.

In negotiating facility contracts, clause can be added that major competitors (must be listed clearly) can not be booked while your group is in-house. Use paper shredder to destroy left-over material.

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SECURITY ISSUESIndustrial Espionage

Do not leave material laying around. Lock meeting rooms when not in use.

Caution staff and attendees that “loose lips sink ships”.

Particular caution should be placed in the lounge/bar areas, restaurants, on telephones, and in elevators.

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SECURITY ISSUESGovernment Security

• State Department• Homeland Security• Foreign Security • Domestic Security

– Federal– State– Local

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SECURITY ISSUESGovernment Security

When dealing with governmental officials, they will usually be accompanied by their own security. This should be augmented by meeting security. Off-duty police officers are an excellent resource.

When dealing with the Secret Service, you will be expected to follow their guidelines and the security of the individual (President, etc) takes priority over any meeting responsibilities. Major hotels have usually had experience dealing with government security.

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SECURITY ISSUESExecutive Protection

High-ranking executives frequently have their own security protection. Contact them prior to the meeting. Determine whether inconspicuous vehicles rather than limousines should be used for ground transportation. Individuals can enter the hotel through the employee entrance and be checked in with a pseudonym.

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SECURITY ISSUESExecutive Protection

High-ranking executives frequently have their own security protection. Contact them prior to the meeting. Determine whether inconspicuous vehicles rather than limousines should be used for ground transportation. Individuals can enter the hotel through the employee entrance and be checked in with a pseudonym.

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SECURITY ISSUESHijacking

Remain calm.

People should travel inconspicuously.

Communicate with government and emergency contacts.

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SECURITY ISSUESBombing

If a suspicious item is observed, contact police immediately and evacuate the area.

Follow police guidelines.

If a bombing has occurred, evacuate, and search for victims.

Be calm, cool, and collected. Attendees will be looking to you for direction.

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SECURITY ISSUESDemonstrations/ Event Disruptions

Anticipate problems if group is controversial or has attendees likely to attract demonstrators. Do not announce unscheduled break until disruption is removed.

Cut power to microphone.

Call security to handle removal of disruptive people. Identify which areas are public and private.

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SECURITY ISSUESMugging/Rape

Assign an empathetic staff person to accompany individual to the police department.

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SECURITY ISSUESAssault

Do NOT attempt to personally stop assault in progress.

Contact security immediately.

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SECURITY ISSUESVandalism

Contact security and police immediately.

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SECURITY ISSUESVIP Speakers and Entertainment

VIPs usually travel with their own security and contact should be made prior to the meeting.

Determine ground transportation, assign reliable contacts to greet individuals at the airport or at the facility and accompany them to the hotel.

Assign rooms where security can be monitored for privacy. Pseudonyms may be used; arrangements can be made with facility contact.

Holding areas should be reserved to provide privacy.

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STRIKESTransportation

AirConsider the potential of a strike when you select

your site.

Ground/bus/taxiCheck when labor contracts are up for renewal.

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STRIKESSuppliers

Check when labor contracts are up for renewal. This is particularly sensitive for groups with ties to unions.

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STRIKESPicket Lines

Do not place attendees in a position where they must cross picket lines. Some attendees will not cross the line.

Be aware that some union members or government officials will not attend functions in a non-union facility in locations with strong labor affiliations.

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MISCELLANEOUSSpeaker No-Shows

When hiring a professional speaker, use speakers’ bureaus which will obtain a suitable back-up.

Be knowledgeable about other speakers and attendees who could cover session.

Alert attendees to substitution.

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MISCELLANEOUSPersonal Injury

Never accept personal responsibility for your Client or yourself.

Contact Emergency Medical Service or physician for

immediate care.

In case of serious injury, contact emergency contact.

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MISCELLANEOUSLiquor Liability

Establish firm rules on liquor liability.

Use bartenders with TIPS training.

Use drink tickets.

Shorten receptions. Also, serve food with liquor. Provide designated drivers or sleeping rooms for attendees

unable to operate a vehicle.

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Risk Management Plan

Check the types of crimes and quantity of crimes in various cities and states

Advise your attendees of areas to avoid

Check the # of violent crimes and theft on property within the last 12 months(ex: sexual assaults, robberies, deaths)

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Risk Management Plan

Check the types of crimes and quantity of crimes in various cities and states

Advise your attendees of areas to avoid

Check the # of violent crimes and theft on property within the last 12 months(ex: sexual assaults, robberies, deaths)

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Risk Management Plan“For most, if not all, disasters, your best defense is:

knowing what the resources are where you are

knowing what the emergency responders will do

This is one reason you need to contact the local emergency response officials (police, fire, medical, etc.) when conducting your site inspection (the other is to let them know who you are and that you will be/are there).”

Julia Rutherford Silvers, CSEP

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DEVELOP LIST OF KEY CONTACTS

Nearest HospitalNearest DentistFire DepartmentEmergency Travel AgencyTransportation24 Hour Copy Center

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Meeting Planner’s Emergency Kit

What do you have in your emergency kit?

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American Red CrossEmergency Preparedness Kit

FlashlightBattery Powered RadioPlastic Sheeting and Duct TapeFoodWaterMedicationsFirst Aid SuppliesAdditional Tools and SuppliesGeneral Information

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TRAVELER SAFETY AWARENESS

Provide Written Guidelines for Attendees at your Meeting

Checking inIn your roomIn the facility

Facility Fire Safety

In an Emergency – NEVER PANIC

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ClientSheraton Philadelphia

Wednesday, July 29 – Friday, August 8, 2009 Risk Management Plan

While Client endeavors to ensure the safety and security of all who attend, and discussions have taken place with the venue, Client is not responsible for any omissions in this plan.

The Risk Management Plan is created to help the organizing committee and volunteers (and others the team feels should know) understand the process and chain of command to take in case of any crisis which occurs onsite during the implementation of the conference.

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Contact Information

NAME E-Mail Mobile Phone

Conference Co-ChairMeeting PlannerProgram Chair Fund Raising Chair Technology Guru Hospitality Resource Room Exhibitor Chair Tours/ TransportConvention Service ManagerBanquet ManagerGeneral Manager

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Medical Emergencies

Dial the hotel operator and explain the emergency. The hotel operators are better suited to give exact location details to emergency personnel.

It is suggested that Client staff and volunteers familiarize themselves with the location of hotel house phones.

This information is confidential and should only be used in extreme emergencies. It should only be given to the Client.

Defibrillators are NOT on property; the hotel provides first aid only.

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Medical Emergencies

Closest hospital: Hahnemann University Hospital, Broad and Race Streets

Closest pharmacy: Walgreens, 17th and Market Streets

Closest Dentist Office: Leonard Parris, 220 S. 16th Street, 9th floor

Closest Optometrist: Wills Eye Hospital, 840 Walnut Street

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Fire/Evacuations

If the fire alarm sounds, all guests are to go to the lobby area for direction. Emergencies are reported over the fire alarm system during all hours.

In the event of other evacuations (such as chemical

spills, etc.), do not evacuate unless directed by emergency or hotel security personnel.

If unsure of situation, contact the front desk at 0 for clarifications.

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Fire/Evacuations

When evacuating from the hotel, all guests are to go to the lobby and will be directed outside by hotel staff to assemble on 17th Street on the sidewalk across from the hotel.

The Life Safety and Fire Protection systems installed at the hotel are the Simplex Grinnell fire and life safety system; smoke detectors, fire pull stations and sprinkler systems throughout the hotel.

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Emergency Evacuation Procedure for People with Disabilities

For more Clarification, contact: Dial 0 and the front desk will immediately contact

Director of Security or Director of Engineering

In addition to hotel security, Client has contracted with a professional security company to augment the security at the conference.

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Hearing Impairments

Get people’s attention (they cannot hear the fire alarm) and tell them they must leave

the building immediately. You may have to write this information down.

Accompany them out of the building.

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Visual Impairments

Explain what is happening (that the building is being evacuated).

Lead them safely out of the building and to a safe location.Wait with them until other people have left the building.It is helpful if you describe the environment to them.

If there are stairs, explain to them as you approach and count each step, telling them when the final step is reached.

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People Who Use Wheelchairs

Do not try & pick the person up if stairs are involved. Contact the front desk at 0 and give the location. You can, if you choose stay with them, until security comes. It is recommended that you immediately proceed to the stair walls.

If on the ground level, ensure that they get out of the building and in a safe area.

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People With Mobility Impairments Who Are Ambulatory

Ask them how you can help them get to safety as quickly as possible.

If danger is immediate, do not attempt to carry them. Ask their permission and instructions on how they wish to be picked up.

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General Safety

In the case of emergency:Stop all ongoing work.Shut off power supply.Do not take time to pick up personal belongings.Leave the room you are in and close the windows/doors.Leave the building and cross the sidewalk to assemble on

designated street.Do not block circulation ways (to allow for vehicles to come

in).

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General Safety

Become familiar with exit signs near your sleeping room and meeting rooms.

Ensure nothing is blocking exit doors.

Theft of laptops: Please do not let your laptop out of your sight. Hotel is not responsible for theft. This would also be so for any other conference materials, etc.

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General Safety

Hotel provides 24 hour security. Guestrooms are equipped with Vincard electronic locks with deadbolts.

Meeting rooms will be secured at the end of each day.

Safe deposit boxes are located behind the front desk for the safekeeping of valuables.

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AV and/or Other Technical Issues

Client volunteers should contact the meeting planners if issues arise.

Prior to the start of each day, the meeting planners and the AV Technician should check AV in all rooms and ensure all cords, etc. are taped down to prevent falls, etc.

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Speaker No-Show

Client should put a plan in place in case a speaker becomes ill, or can’t come for any other reason.

This could include:

Having a person who is familiar with their material, present on their behalf

Creating a backup session (could be a panel)

Canceling that session and moving people to another session

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Food/Other Allergies

Client has requested that people with special allergy needs include the information on their registration forms.

The meeting planners have given this information to the chef to prepare special meals.

Attendees should identify themselves to the serving staff. 80

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Risk Management Plan

While there are certainly many other issues to be dealt with in risk management, this covers the basics.

This report should be reviewed in some detail at the pre-conference meeting with the hotel and the pre-conference meeting with the meeting planners and volunteer chairpersons.

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MURPHY’S 3 GREAT LAWS…

• Anything that possibly can go wrong will go wrong

• Anything that goes wrong will do so at the worst possible time

• Anything you plan will cost more and take longer

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MURPHY’S 3 MINOR LAWS…

• Anything you try to make absolutely clear will confuse everybody

• Anything you want to fix will require a tool you don’t have

• Anything that seems to be going well is a delusion

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What will YOU do differently following this Workshop?

1.

2.

3.

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Wrap Up

Questions???

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Resources

Julia Rutherford Silvers, CSEPRisk Management for Meetings and Events (Butterworth-Heinemann, 2008)www.juliasilvers.comwww.FEMA.govwww.travel.state.comDiscussion Groups (free to qualified people within the hospitality industry) Only rules are no self promotion and no bad mouthing of any company www.meetingscommunity.orgwww.miforum@googlegroups.comwww.meetingsfocus.com

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