1. Things You Dont Knowand should

2. Types of RiskManagement 3. James H. Moss, J.D.OSU Environmental InterpretationCapital Law School, J.D.Clients in Outdoor Recreation:Individuals to Organizations, Colleges & Universities,Concessionaires & Permittees,Manufactures to Retailers 4. Ground RulesWe can only talk about what I understand 5. No EthicsNo Morals Just Law 6. PeopleNotProperty 7. Roofs dont have a bad daySidewalks dont fight with theirspouseGrass does not have a slowcommute 8. Former Trial AttorneyFormer Insurance Major ClaimsAdjusterFormer Insurance UnderwriterFormer Insurance Salesman 9. F08 Sports Equipment &FacilitiesF27 Snow SkiingF32 Search & Rescue Voting Member 10. Expert WitnessCollege & University ProgramsSummer & Church CampsSki Accidents 11. Represent College ProgramsCornell, Ohio State University, OregonState University, Idaho State University,University of Idaho, Miami (OH),Southern Baptist, Ohio University,University of Utah, University ofSouthern Utah, University of Alabama,Florida State University, Humboldt,Colorado Mountain College, Universityof Wyoming, Thompson River University 12. WWW.RECREATION-LAW.COM Weekly Case Analysis Weekly Legal Analysis News & Information 13. Since 20017000 Medical Ski Evacuations (2years)16 Fatalities3 Quadriplegics1 Paraplegic 14. Disclaimer: All legal advice by its verynature is subject to change and the laws of each state. All legaladvice requires a review by yourlocal attorney 15. RealityNo matter what we learn here ajudge can change it. By the time we get done with theconference a judge has probably changed it.If you are really bad, you are goingto lose no matter what 16. I believe in Nike Just Do It 17. Whatever any student or college wantsto do..you can do it.Understand the real risks of the activity(Misunderstanding by everyone else including parents)Pre Activity EducationPre Activity PaperworkPost Accident Response 18. This you do know 19. Kids get hurt(Kids as defined by the kid: ages 2 to 99) 20. First major issue solelyfaced by colleges anduniversitiesWho is coming to your campus? 21. You have two groups to Educate 22. You Cant be afraid with yourEducation of the Parent 23. Next IssueYour primaryeducation group hasno understanding of: 24. Dealing with these issues 1. 25. HowRelease: Prescott UniversityVideosPhotographs 26. Appendix AOLIVET NAZARENE UNIVERSITY CLIMBING WALL RELEASE OF ALL CLAIMS AND COVENANT NOT TO SUE ASSUMPTION OF RISK / LIABILITY WAIVER FORMNotice: This is a legally binding agreement. By signing this agreement you give up your right to bring court action or recovercompensation or obtain any other remedy for any injury to yourself or your property or for your death however caused arisingout of your use of the Olivet Nazarene University Climbing Wall now or anytime in the future.1. Assumption of RiskI hereby acknowledge and agree that wall climbing and the use of the Olivet Nazarene University Climbing Wall is whollyvoluntary and may expose me to significant risks. I have full knowledge of the nature and extent of all risks associated with wallclimbing, including but not limited to:1. All manner of injury resulting from falling off the Climbing Wall and impacting against the wall or ground.2. Injuries resulting from being dropped to the ground during belaying or lowering.3. Failure of rope, slings, harness, climbing hardware, anchor points, or any part of the Climbing Wall structure.I understand that the risks inherent in climbing may result in serious injury, including, but not limited to broken bones,concussions, cuts, scrapes, bruises or even death.I understand that helmets are available upon request.I understand that I am responsible for the condition of personal gear (harness, helmet, climbing shoes, chalk bag).Paragraph 1 read and understood __________________________2. Release of All Claims and Covenant Not to SueIn consideration of my use of the Olivet Nazarene University Climbing Wall, I agree to release and on behalf of myself, my heirs,representatives, executors, administrators, and assigns HEREBY DO RELEASE Olivet Nazarene University, its officers, agents,and employees from any causes of action, claims, or demands of any nature whatsoever, which I, my heirs, representatives,executors and assigns may now have, or have in the future against Olivet Nazarene University on account of personal injury,property damage, death or loss of any kind, arising out of or in any way related to my use of the Climbing Wall, whether arisingout of negligence, gross negligence, or any other cause.Paragraph 2 read and understood __________________________3. In further consideration of my use of the Climbing Wall, neither I the undersigned user, nor my heirs, representatives,executors, administrators, and assigns shall file a lawsuit or otherwise assert any claim whatsoever for personal injury, propertydamage, or death arising out of or in any other manner related to my use of the ONU Climbing Wall. I on behalf of myself andmy heirs, representatives, executors, administrators, and assigns agree to INDEMNIFY AND HOLD HARMLESS OlivetNazarene University, its officers, agents, and employees from any and all causes of action, claims, demands, losses, or costs ofany nature whatsoever, including attorneys fees arising out of or in any way relating to my use of the Climbing Wall, whetherarising out of negligence, gross negligence, or any other cause.Paragraph 3 read and understood __________________________4. I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the use of the Climbing Wall andthat I am voluntarily assuming these risks. I understand that I will by solely responsible for any loss or damage, including death,I sustain while using the Climbing Wall and that by this agreement I am relieving the Olivet Nazarene University of any and allliability for such loss, damage, or death. I further certify that I am in good health and that I have no physical limitations thatwould preclude my safe use of the Climbing Wall.Paragraph 4 read and understood __________________________BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS DOCUMENT,AND THAT I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS AND EXEMPT AND RELIEVE OLIVETNAZARENE UNIVERSITY, ITS OFFICERS, AGENTS, OR EMPLOYEES FROM LIABILITY FOR PERSONAL INJURY,PROPERTY DAMAGE, WRONGFUL DEATH OR ANY OTHER LOSS CAUSED BY ANY REASON ARISING OUT OFMY PARTICIPATING AT THE CLIMBING WALL.____________________________________________________________________________________Climbing Wall users signature Date Climbing Wall users printed name____________________________________________________________________________________Parent or guardians signature (if under 18) Date Parent or guardians printed name (if under 18)____________________________________________________________________________________ONU Staff signatureDate ONU Staff printed name 27. American withDisabilities ActHIPAARec/SportsPrograms & ClassesConfidentialMedicalInformationNo Physician, person with the ability (legal) to makethe decision is involved in this process: 28. Validity of Releases College Release Law Misc.Eastern Nazarene College,ProbablyParents sign away MinorsQuincy, MAright to sueMount Vernon Nazarene ValidParents sign away MinorsUniversity, Mt. Vernon, OHright to sueOlivet Nazarene University, ValidBourbonnais, ILTrevecca NazareneValid (Nascar Rule)University, Nashville, TNMid America NazareneValidNo Gross NegligenceUniversity, Olathe, KSSouthern Nazarene University, ValidBethany, OKColorado BibleValidParents sign away MinorsCollege, Colorado Springs, CO right to sueNorthwest Nazarene University,ValidNampa, IDPoint Loma Nazarene ValidParents sign away MinorsUniversity, San Diego, CA right to sue 29. Releases1. Must tell the person what they are signing2. Must tell the people about the risk3. Must say the word negligence4. Must say where the lawsuit will be5. Must say what law will be applied to the lawsuit6. Must be signed 30. Not NeededInitialsWhat it wont coverWhat it cant coverIndemnification issuesWitnessesOne document to cover all risks 31. Cant haveSmall printHidden documentsSign in sheetDancing around the wordnegligence 32. What you may not know. Post Accident Evaluations 33. Largest Payouts in OutdoorRecreationPtarmigan Peak: University of Alaska ($20 M)Mt. Hood: Oregon Episcopal School ($??)What did they have in Common?They hired outside (non-insurance/non-legal) review of the accidents. 34. Outdoor RecreationEvaluations: Must beProfessional 35. Hire Professional to Help10 years of experience running a climbingwall only gives you experience running aclimbing wall.A wall is a wall that must be examined by anengineer10 years of experience running aRopes/Challenge courseAn engineer checks stress, loads, etc. 36. CurrentlyCampus hired expert to evaluate programProvided draft auditStudent/Employee fell on defectiveequipmentExpert suedExpert had no credentialsNow School looks dumb hiring the expert. 37. More Unknown? 38. Why do peoplesue? 39. Money 40. Yet, no study supports thatEmotionsQuestionsRevengeProtect Others Money 41. Who Handles Your Claims? 42. You really want to teach your students howto swim in this pool? 43. Risk ManagementPlans 44. How many of you have a Risk ManagementPlan? 45. Risk Management PlanUsed in an emergency. To be followed! 46. Tell me about your Risk ManagementPlanWhat is on page 17?When was the last time you trained onyour Risk Management Plan?All of your employees at thesupervisory level or above know theRisk Management Plan, Correct? 47. Breach of DutyIf you do not follow the riskmanagement plan and someone isinjured have you breached a dutyto them? 48. Breach of DutyIf you have an emergency that isnot covered in your RiskManagement Plan have youbreached a duty to the person ifthey are injured? 49. TornadoFireCollege RecreationHurricaneWindstorm HailSnake bite Lightening SkunkIncompatible Personalities Food AllergyCoyoteBranch/Tree fallsSunInsect bite allergy Pre-Existing Medical ConditionSky diver falls on camperHunger Trip & Fall DehydrationBear Poor Hygiene Issues Rope Burn Bleachers CollapseFireRain Fire Sprained Ankle Lost person Fatigue Exhaustion Forest Fire Environmental RisksStove ExplosionPoison Ivy Blister from hike ColdBack injury False FireBee StingSunburn Injuries Animal eats/steals food Bus AccidentOutside interference Bad WaterFish hook puncture Cut from knife or axCooking Pot Explosion Wind storm 50. DutyBreach of theDuty NegligenceInjury CausedBy the Breach Damages4/18/2013Professional Paddlesports Association61 51. Risk Management PlanPrepared to be used incase of an emergency 52. 100 of Hours being Prepared Cant be memorized Cant fit any situation if todetailed Cant cover all situations nomatter what Only used by the plaintiff toprove you were negligent 53. YOU WRITE ITDOWN AS APOLICYSTANDARDGUIDELINE YOUBETTER FOLLOW IT! 54. Review Programs & PoliciesSports & Recreation willuse AEDsRecreation programwent backpacking for upto 10 daysHard to add 14 poundsof AED to a backpack 55. 100 Hours better spentEducating staff on what to doCreating a training program that trainspeople how to respondKnowledge is better than any dustybook sitting on a shelf 56. You are in the jobof educating.. 57. Instead of writing what will never bereadTrain on what to do?Determine your resources forsituationsTrain to deal with disastersANY Disaster 58. Cover in your plan, why you onlyhave the items in the plan you do1-2 Pages longA. Who is in chargeB. Where to go for help off campus and whenC. Who can help on campusD. What are your resourcesE. When to evacuate 59. ICSIncident Command SystemThis is how the Federal and StateGovernment deals with disastersMost police and fire departments usethe ICS system 60. ICSWhen any agency comes intoassist, they are going to implementthe ICS systemWhy not use a system that can beused, rather than thrown out 61. ICS TrainingOnline Levels 100, 200 and 300 can betaken online 62. Proper Risk Management PlanWhat steps do you take in case of afire? Big OnesReally Really Big Ones 63. James H. Moss 2013 64. Jim MossRec-law@recreation-law.com James H. Moss 2013 65. James H. Moss 2013