2. Things You Don’t Know
……………and should

3. Types of Risk
Management

9. James H. Moss, J.D.
OSU Environmental Interpretation
Capital Law School, J.D.
Clients in Outdoor Recreation:
Individuals to Organizations, Colleges & Universities,
Concessionaires & Permittees,
Manufactures to Retailers

10. Ground Rules
We can only talk about what I understand

11. No Ethics
No Morals
Just Law

12. People
Not
Property

13. Roof’s don’t have a bad day
Sidewalks don’t fight with their
spouse
Grass does not have a slow
commute

14. Former Trial Attorney
Former Insurance Major Claims
Adjuster
Former Insurance Underwriter
Former Insurance Salesman

15. F08 Sports Equipment &
Facilities
F27 Snow Skiing
F32 Search & Rescue
Voting
Member

16. Expert Witness
College & University Programs
Summer & Church Camps
Ski Accidents

17. Represent College Programs
Cornell, Ohio State University, Oregon
State University, Idaho State University,
University of Idaho, Miami (OH),
Southern Baptist, Ohio University,
University of Utah, University of
Southern Utah, University of Alabama,
Florida State University, Humboldt,
Colorado Mountain College, University
of Wyoming, Thompson River University

18. WWW.RECREATION-LAW.COM
Weekly Case Analysis
Weekly Legal Analysis
News & Information

19. Since 2001
7000 Medical Ski Evacuations (2
years)
16 Fatalities
3 Quadriplegics
1 Paraplegic

20. Disclaimer:
All legal advice by it’s very
nature is subject to change and
the laws of each state. All legal
advice requires a review by your
local attorney

21. Reality
No matter what we learn here a
judge can change it.
By the time we get done with the
conference a judge has probably
changed it.
If you are really bad, you are going
to lose no matter what

22. I believe in Nike™
Just Do It

23. Whatever any student or college wants
to do…..you can do it.
Understand the real risks of the activity
(Misunderstanding by everyone else including parents)
Pre Activity Education
Pre Activity Paperwork
Post Accident Response

24. This you do know

25. Kids get hurt
(Kids as defined by the kid: ages 2 to 99)

26. First major issue solely
faced by colleges and
universities
Who is coming to your campus?

28. You have two groups to Educate

29. You Can’t be afraid with your
Education of the Parent

30. Next Issue
Your primary
education group has
no understanding of:

32. Dealing with these issues
1.

33. How
Release: Prescott University
Videos
Photographs

34. Appendix A
OLIVET NAZARENE UNIVERSITY CLIMBING WALL
RELEASE OF ALL CLAIMS AND COVENANT NOT TO SUE
ASSUMPTION OF RISK / LIABILITY WAIVER FORM
Notice: This is a legally binding agreement. By signing this agreement you give up your right to bring court action or recover
compensation or obtain any other remedy for any injury to yourself or your property or for your death however caused arising
out of your use of the Olivet Nazarene University Climbing Wall now or anytime in the future.
1. Assumption of Risk
I hereby acknowledge and agree that wall climbing and the use of the Olivet Nazarene University Climbing Wall is wholly
voluntary and may expose me to significant risks. I have full knowledge of the nature and extent of all risks associated with wall
climbing, 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 Sue
In 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 arising
out 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, property
damage, or death arising out of or in any other manner related to my use of the ONU Climbing Wall. I on behalf of myself and
my heirs, representatives, executors, administrators, and assigns agree to INDEMNIFY AND HOLD HARMLESS Olivet
Nazarene University, its officers, agents, and employees from any and all causes of action, claims, demands, losses, or costs of
any nature whatsoever, including attorney’s fees arising out of or in any way relating to my use of the Climbing Wall, whether
arising 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 and
that 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 all
liability for such loss, damage, or death. I further certify that I am in good health and that I have no physical limitations that
would 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 OLIVET
NAZARENE 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 OF
MY PARTICIPATING AT THE CLIMBING WALL.
____________________________________________ ________________________________________
Climbing Wall user’s signature Date Climbing Wall user’s printed name
____________________________________________ ________________________________________
Parent or guardian's signature (if under 18) Date Parent or guardian's printed name (if under 18)
____________________________________________ ________________________________________
ONU Staff signature Date ONU Staff printed name

35. American with
Disabilities Act
HIPAA
Rec/Sports
Programs & Classes Confidential
Medical
Information
No Physician, person with the ability (legal) to make
the decision is involved in this process:

36. Validity of Releases
College Release Law Misc.
Eastern Nazarene College, Probably Parents sign away Minor’s
Quincy, MA right to sue
Mount Vernon Nazarene Valid Parents sign away Minor’s
University, Mt. Vernon, OH right to sue
Olivet Nazarene University, Valid
Bourbonnais, IL
Trevecca Nazarene Valid (Nascar Rule)
University, Nashville, TN
Mid America Nazarene Valid No Gross Negligence
University, Olathe, KS
Southern Nazarene University, Valid
Bethany, OK
Colorado Bible Valid Parents sign away Minor’s
College, Colorado Springs, CO right to sue
Northwest Nazarene University, Valid
Nampa, ID
Point Loma Nazarene Valid Parents sign away Minor’s
University, San Diego, CA right to sue

37. Releases
1. Must tell the person what they are signing
2. Must tell the people about the risk
3. Must say the word negligence
4. Must say where the lawsuit will be
5. Must say what law will be applied to the
lawsuit
6. Must be signed

38. Not Needed
Initials
What it won’t cover
What it can’t cover
Indemnification issues
Witnesses
One document to cover all risks

39. Can’t have
Small print
Hidden documents
Sign in sheet
Dancing around the word
“negligence”

40. What you may not know…….
Post Accident Evaluations

41. Largest Payouts in Outdoor
Recreation
Ptarmigan 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.

42. Outdoor Recreation
Evaluations: Must be
Professional

43. Hire Professional to Help
10 years of experience running a climbing
wall only gives you experience running a
climbing wall.
A wall is a wall that must be examined by an
engineer
10 years of experience running a
Ropes/Challenge course……
An engineer checks stress, loads, etc.

44. Currently
Campus hired “expert” to evaluate program
Provided “draft” audit
Student/Employee fell on defective
equipment
Expert sued
Expert had no credentials
Now School looks dumb hiring the “expert.”

45. More Unknown?

46. Why do people
sue?

47. Money

48. Yet, no study supports that
Emotions
Questions
Revenge
Protect Others
Money

49. Who Handles Your Claims?

52. You really want to teach your students how
to swim in this pool?

54. Risk Management
Plans

55. How many of you have a Risk Management
Plan?

56. Risk Management Plan
Used in an emergency.
To be followed!

57. Tell me about your Risk Management
Plan
What is on page 17?
When was the last time you trained on
your Risk Management Plan?
All of your employees at the
supervisory level or above know the
Risk Management Plan, Correct?

58. Breach of Duty
If you do not follow the risk
management plan and someone is
injured have you breached a duty
to them?

59. Breach of Duty
If you have an emergency that is
not covered in your Risk
Management Plan have you
breached a duty to the person if
they are injured?

60. Tornado Fire
College Recreation Hurricane
Windstorm
Hail
Snake bite
Lightening Skunk Incompatible Personalities
Food Allergy Coyote
Branch/Tree falls Sun
Insect bite allergy Pre-Existing Medical Condition Sky diver falls on camper
Hunger Trip & Fall Dehydration
Bear Poor Hygiene Issues
Rope Burn Bleachers Collapse
Fire
Rain Fire Sprained Ankle Lost person Fatigue
Exhaustion
Forest Fire Environmental Risks
Stove Explosion Poison Ivy
Blister from hike
Cold Back injury False Fire Bee Sting Sunburn
Injuries
Animal eats/steals food Bus Accident
Outside interference
Bad Water Fish hook puncture
Cut from knife or ax
Cooking Pot Explosion Wind storm

61. Duty
Breach of the
Duty
Negligence
Injury Caused
By the Breach
Damages
4/18/2013 Professional Paddlesports Association 61

62. Risk Management Plan
Prepared to be used in
case of an emergency

63. 100 of Hours being Prepared
• Can’t be memorized
• Can’t fit any situation if to
detailed
• Can’t cover all situations no
matter what
• Only used by the plaintiff to
prove you were negligent

64. YOU WRITE IT
DOWN AS A
“POLICY”
“STANDARD”
“GUIDELINE” YOU
BETTER FOLLOW IT!

65. Review Programs & Policies
Sports & Recreation will
use AED’s
“Recreation” program
went backpacking for up
to 10 days
Hard to add 14 pounds
of AED to a backpack

67. 100 Hours better spent
Educating staff on what to do
Creating a training program that trains
people how to respond
Knowledge is better than any dusty
book sitting on a shelf

68. You are in the job
of educating…..

69. Instead of writing what will never be
read
Train on what to do?
Determine your resources for
situations
Train to deal with disasters
ANY Disaster

70. Cover in your plan, why you only
have the items in the plan you do
1-2 Pages long
A. Who is in charge
B. Where to go for help off campus and when
C. Who can help on campus
D. What are your resources
E. When to evacuate

71. ICS
Incident Command System
This is how the Federal and State
Government deals with disasters
Most police and fire departments use
the ICS system

72. ICS
When any “agency” comes into
assist, they are going to implement
the ICS system
Why not use a system that can be
used, rather than thrown out

73. ICS Training
Online
Levels 100, 200 and 300 can be
taken online

74. Proper Risk Management Plan
What steps do you take in case of a
fire?
Big Ones
Really Really Big Ones

75. © James H. Moss 2013

76. Jim Moss
Rec-law@recreation-
law.com
© James H. Moss 2013

77. © James H. Moss 2013