Sport Waiver Risk Fitness Law

Sport & Recreation Attorneys

Reb Gregg — Adventure Law Attorney

Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. Reb Gregg is a licensed attorney in Houston, Texas. He has served as president of the Houston Bar Association and on the Board of Directors of the State Bar of Texas. For the past 15 years Reb has worked primarily with recreation and adventure-based programs and is a leading practitioner, lecturer and writer in managing legal liability issues for such programs. He was identified in the July 2002 issue of Outside Magazine as “the Dean of the Outdoor Bar.” Reb’s clients include outdoor schools, adventure travel and study abroad programs, college and university outdoor programs and clubs, and challenge course constructors, operators and facilitators. Reb serves as Counsel to the National Outdoor Leadership School (NOLS), and to the Association for Challenge Course Technology (ACCT). To see other risk management articles by Reb, click here.

Julie I. Fershtman – Equine Law Attorney & Expert

Julie I. Fershtman is widely considered to be the nation’s leading expert on Equine Liability.  A lawyer since 1986, her practice also focuses on commercial litigation, insurance defense, and equine law.  She is the author of the books Equine Law & Horse Sense and MORE Equine Law & Horse Sense and is co-author/co-editor of Litigating Animal Law Disputes: A Complete Guide for Lawyers, published in 2009 by the ABA.  She also authored more than 200 articles on liability and equine law and has spoken at conferences in 27 states.  For more information, visit www.fershtmanlaw.com and www.equinelaw.net.

Alexander “Sandie” Pendleton – Recreation Attorney

For over 20 years Sandie Pendleton has been helping businesses, organizations and individuals that provide recreational opportunities effectively manage the legal risk aspect of their operations.  A member of the Wisconsin and Minnesota bars, Sandie counsels businesses large and small that manufacture and sell recreational products (including power sports products) and that organize recreational events in all 50 states.  He has written extensively on waiver-of-liability issues, and is a frequent speaker on such topics.  He has successfully defended organizations in court that want to rely on waivers, and has successfully defended clients in recreational activity fatality cases.  To learn more about Sandie and his team, click here, or visit Sandie’s website www.ReleaseLaw.com.

Insurance

Daniel Hale — Insurance and Risk Management

Dan Hale is an insurance agent, attorney, risk manager, lecturer, author, and educator. For 35 years, his company, Cambridge Property and Casualty, has offered a wide variety of insurance and risk management services for sport and recreation-based businesses across the United States.  His clients include recreation centers, climbing gyms, yoga studios, fitness facilities, sports/clinics, outdoor equipment manufacturers and retailers. In 2008 he received an award from Michigan Lawyers Weekly recognizing his numerous accomplishments in the area of insurance and risk management. He is a contributing author of “Insurance & Risk” (a plain-language guide to complex insurance issues) and has authored a number of articles on issues associated with insurance coverage and risk of loss.  For more information, or to request a copy of his book, visit www.cambridge-pc.com , www.halesteinlaw.com or contact him directly at dhale@cambridge-pc.com.

Risk Management Specialists

Herb Appenzeller — Sport Risk Management

Herb Appenzeller is America’s Leading Authority On Injury Liability and Litigation in Sports.  He is a true authority in the area of risk management in sport. For current, reliable information on what is happening in sport liability, check out what is available at his website. His newsletter, From the Gym to the Jury, has been providing timely information for 20 years. Services that he provides include expert witnessing, legal consulting, and conducting risk reviews. In addition, he currently has 20 books available on the subject of sport liability and risk management

Ian McGregor — Sport, Recreation, & Fitness Risk Management

Ian McGregor is the leading risk management specialist in Canada.  His consulting business, McGregor & Associates, offers a wide range of sport, recreation, and fitness risk management services for sport and recreation businesses in the United States and Canada. McGregor provides a broad online risk management assessment. McGregor also makes available 3 online risk management courses.  He also provides cost effective, flexible, dynamic training options through a technique he calls Webinars. McGregor & Associates also offers up-to-date, accurate risk management information through two important publications: a Sportrisk Planning Manual and a  Risk Management Newsletter for Sport and Recreation. For complete information, click on www.sportrisk.com.

Health Club Authorities

David L. Herbert — Health & Fitness Industry

David Herbert is one of the leading legal liability authorities in the health and fitness industry. Herbert is the senior member of David L. Herbert & Associates, LLC, Attorneys at Law, Canton, Ohio. Herbert is also the owner of PRC Publishing, which provides current, up to date information to Professionals in Legal, Medical, Sports, Fitness, and other Provider fields. PRC is best known for its Reporter Series of newsletters which includes The Exercise Standards and Malpractice Reporter,  The Sports, Parks and Recreation Law Reporter, and The Sports Medicine Standards & Malpractice Reporter. PRC also has an extensive collection of books available dealing with the legal aspects of fitness activities to the legal aspects of sports medicine. Check out www.prcpublishing.com for more information.

Doug Baumgarten — Exercise, Fitness, & Personal Training

Doug Baumgarten is a nationally-recognized expert in exercise, fitness, and personal training.  His company, SportFit Consulting, LLC, provides design, consulting, and risk management services to fitness clubs and personal trainers.  Baumgarten has also served as a legal Expert Witness in over 30 cases, ranging from fitness club accidents to criminal misconduct by fitness employees.    He has authored numerous articles for Club Management and Boardroom magazines, among others, and presented to Club Manager Association and other groups.  Baumgarten has over 30 years’ experience in fitness and personal training, as a personal trainer, club manager, company owner, and athlete.  He has a Masters degree in Exercise Science, as well as certification from the American College of Sports Medicine.  Baumgarten recently opened SportFit Lab, a testing, training, and research facility focusing on endurance athletes, particularly triathletes.   For more information, click on http://www.sportfitconsulting.com.

Expert Witnesses

Tom Bowler — Expert Witness (Physical Education & Playgrounds)

Tom Bowler has been an expert witness for seventeen years.  During this time, Tom has worked on 285 cases for plaintiff and defendant attorneys, throughout the United States involving physical education, athletics, recreation and playgrounds.  His areas of expertise are: physical education (33 years teaching experience), athletics, recreation, and his special emphasis is with playground equipment and playground supervision.  Tom is a Certified Playground Safety Inspector credentialed by the National Recreation & Park Association.  Additionally, he provides lectures on risk management to public school physical education departments. Tom has been an adjunct lecturer for two universities within the State of Connecticut, teaching sport and recreation law courses.   For six and one-half years, he supervised physical education majors in their practicum experiences at the elementary, middle and/or high school levels. For more information, click here. He may be contacted at bowlertpcs@AOL.com or (860) 670-2180.

Leonard K. Lucenko — Expert Witness (Sport & Recreation)

Leonard K. Lucenko, PhD is an experienced expert witness having consulted for more than 20 years for defendants and plaintiffs in over 300 cases in education, sport, recreation, and camp management.  He is a former soccer and track coach as well as the coordinator of the Recreation Professions Program at Montclair State University. Dr. Lucenko taught the ASEP coaching course as well as undergraduate and graduate courses in Administration and Supervision of Physical Education and Athletics.  He has presented papers at ASTM’s International Symposia concerned with Football, Baseball, and Ice Hockey.   He was invited by Major League Baseball to present risk management and safety programs for its RBI Division.  Dr. Lucenko is a Diplomate of the American College of Forensic Examiners and many other professional organizations such as AAHPERD, NRPA, NSCAA, American Camp Association and more.  Dr. Lucenko’s web site is: www.lucenkoleonard.com.

David D. Johnson – Expert Witness (Equine Industry)

David Johnson operates North American Equine Services (NAES) as its President and CEO and is considered one of the premier  providers of equine expert witness testimony in the United States and Canada. More than 30 years of experience in Professional Equine Appraisals and Litigation Consulting for all breeds and disciplines.  In the area of litigation consulting, services include extensive case review and research. At the Court’s direction via a properly served subpoena, NAES is specifically called upon to provide a myriad of legal opinions in order to clarify confusing equine activities. These opinions are necessary in enabling the jury or judge in forming the correct decision.  Mr. Johnson can be contacted at: Email: David@NorthAmericanEquine.com or 1-800-575-1669.  Visit the North American Equine Services website: http://www.northamericanequine.com

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