Colorado Court Enforces an On-line Waiver

By Doyice Cotten

Berenson (Berenson v. USA Hockey, Inc., 2013), an amateur hockey player, played in an amateur hockey league for several years. She was required by the league to complete the standard player registration on the USA Hockey website annually. To complete the registration, she had affirm her agreement to the terms by inserting her initials on the webpage with a liability waiver and release. She subsequently sustained injuries during a USA Hockey-sponsored game and sued USA Hockey.

California Court Dismisses Lawsuit Against Online “Virtual Race Organizer” Strava

By Alexander “Sandie” Pendleton

On June 2013, a San Francisco trial court ordered a wrongful death lawsuit commenced against the Strava website operators dismissed. The court agreed with Strava that “cycling is inherently risky,” and that the deceased cyclist assumed the risk when he chose to race on a public course. Based on the ruling, the court held that the parents of the deceased cyclist could not proceed with their wrongful death claims.


A Tale of 3 Waivers

By Doyice Cotten

On a recent trip to North Carolina, I picked up a copy of their waiver from three whitewater rafting companies – Nantahala Outdoor Center, Inc. (NOC), Carolina Outfitters, Inc., and Whitewater LTD Rafting. The waiver of each company is probably adequate to protect the company from liability for injuries resulting from negligence of the operator or from the inherent risks of the operator. Some important points from each waiver will be examined here.

Electronic Waivers – More Cases

By Doyice Cotten and Mary Cotten

We have previously addressed the question “Do online electronic waivers work?” (see Online Waiver Agreements: Not Worth the Paper They’re (Not) Written On?, Online Waivers/Electronic Signatures in NY,  and Waivers: Do Electronic Signatures Work?). There have been at least three recent cases addressing the issue.

Two Florida cases addressed the issue. In Hinely v. Florida Motorcycle Training, Inc. (2011 Fla.

Equine Law and Horse Sense

I want to take this opportunity to make horse owners and all involved in equine-related businesses aware of a terrific new book available from Julie Fershtman, a leading authority in equine law.


The book examines many legal issues related to equine law. More than 350 pages including such topics as:

  • equine activity liability acts                       
  • liability of horse owners, stables, & more
  • insurance
  • veterinary malpractice
  • attractive nuisance liability
  • land use and zoning
  • contracts,

Do Industry Standards Increase our Liability? (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Nothing has changed since the article was originally posted. It provides important information for the service provider.


Readers will find that this is one of the best pieces to be found relating to industry standards and liability. Our thanks go to author “Reb” Gregg and to Steve Smith who originally published the article in Touchstones – News and Resources for Outdoor Programs for permission to run the article in

Duty and Liability (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Nothing has changed since the article was originally posted. It provides important information for the service provider.


by Charles R. Gregg

Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.

Q. How do I run a good program without being sued?                                                                             


By William W. Ballinger
       Attorney at Law

What does your current vacation rental agreement look like?  Is it a lease agreement, or one that has been pasted together from various online sources? If so, you are putting yourself and your property at risk.


The short-term vacation rental business is growing by leaps and bounds. The industry has expanded to include not only professional vacation managers, but private homeowners who recognize the benefits of renting out their second homes or rooms in their residences to create additional income for themselves.


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,