Sport Waiver Risk Fitness Law

The following article by Alexander “Sandie” Pendleton sounds an alarm to many non-profit organizations including those related to sport and recreation. Many are not aware of the new regulation requiring an annual filing by all non-profit organizations. Failure to comply will prove costly.  Go to http://www.irs.gov/charities/article/0%2C%2Cid=225889%2C00.html to find out if yours is in jeopardy.
Many Non-Profit Sports Organizations in Danger of Losing Tax-Exempt Status
By Alexander “Sandie” Pendleton
According to the Internal Revenue Service, over 300,000 non-profit organizations in the U.S. have failed to comply with a relatively new law that requires …

This article by Alexander “Sandie” Pendleton addresses some of the concerns regarding the validity of online waivers. Mr Pendleton is with Kohner, Mann, and Kailis of Milwaukee.
Do courts enforce waiver agreements that are entered into electronically, for instance, via an online registration process? Or instead, will courts only find an agreement enforceable if the agreement is printed on a real piece of paper and signed in ink in the traditional manner?
The above questions raise a host of issues. . .     Click here to read the entire article.

A fitness center injury lawsuit illustrates the importance of a proper risk management plan.
Attorney John Wolohan (jwolohan@ithaca.edu) reports on a fitness center injury lawsuit that illustrates the importance of a proper risk management plan.  John is a professor of sports law and chair of the Sport Management & Media department at Ithaca College. This article was published in Athletic Business in May, 2010.
As any administrator or employee involved in the sports and recreation industry will acknowledge, one of the most important tasks is to control or limit …

This article was written by Julie I. Fershtman, Attorney at Law (www.equinelaw.net). She offers expert comment on a timely question regarding liability waivers.
Dear Ms. Fershtman:
My friend gave me some form liability releases and boarding contracts. Will they hold up?
– K.B. (No state specified)
My office receives inquiries like this often. Since many people in the horse industry still buy, sell, board, train, lease, or breed horses with nothing in writing, it is always commendable when people at least recognize the importance of using written contracts. In difficult economic times, however, …

This case discussion is provided by Dr. Leonard K. Lucenko, a sports and recreational facilities safety expert.
Case Facts:
In September 2002, the plaintiff was playing a recreation hockey league game on the Red Rink at the defendant ice hockey facility.  This was the first time the plaintiff had played a league game at this venue.  Management had failed to warn the plaintiff or the other players that the kick plate on this rink was broken and cracked in several areas around the rink.
At the second-period face-off the plaintiff skated after the …