Recreation & Adventure Law, Liability & Risk Management

I consult with and advise recreation and adventure providers and product manufacturers/sellers and related organizations on a variety of law, liability and risk management issues, including:

  • Reviewing client’s operation in the endeavor to run a quality program and address the risk of loss to both participant and provider. This includes overall risk assessment and management;
  • Reviewing/drafting of materials used with participants, including application and registration, participant agreements containing releases and other content, medical screening, other information exchanged with participants, as well as the process that goes with it;
  • Reviewing/creating content for brochures, websites and other external information;
  • Reviewing/drafting a variety of contracts including agreements with independent contractors or outside parties, mutual services arrangements or facilities rental;
  • Reviewing/drafting internal documents such as staff manuals, operations manuals, risk management plans, emergency/incident response and crisis management plans, or other policies or guidelines;
  • Review of issues with (for example) equipment/animals, minors or special populations, activities and programming, staffing and staff training, outside contractors, participant supervision and instruction, equipment rental; infrastructure & premises, environment/preparedness, emergency/incident response and crisis management; transportation, document record keeping and document retention/destruction, choice of entity;
  • Advising clients regarding the application and ramifications of relevant state or federal law.  This can include general case law, release law, premises laws, laws regarding inherent risks and assumption of risks, negligence and the duty of care, recreational use acts, the Americans with Disabilities Act (‘ADA’), consumer protection laws, e-Sign laws, etc.;
  • Working with clients to understand the application and ramifications of standards, state licensing laws or other practices “out there” in a given situation;
  • Understanding or interpreting federal or state land use or permitting issues and negotiating with government officials regarding issues related to federal or state public land use;
  • Understanding and analyzing insurance issues in conjunction with the client and their insurance representative;
  • If I am working with a product manufacturer/retailer/lessor – products liability laws or other legal issues come into play regarding structure and development of contracts, participant agreements, website content and product and/or website warnings and instructions, etc.;
  • Lobbying/working with clients regarding legislation relevant to the industry;
  • Presenting and speaking to groups on a local, regional and national basis regarding issues important to the industry;
  • Writing articles on recreation and adventure legal issues;
  • Working with clients to assist in resolving disputes with their clients before litigation, and providing legal direction and assistance to organizations immediately post-incident;
  • Working with clients to advise on substantive legal issues where suit has been filed, may be filed, or the parties desire to attempt settlement or mediation.