Risks in the Amazon

By Doyice Cotten

There is risk everywhere, whether we are in a major U.S. city, a rural community in Kansas, on the Mekong River in Southeast Asia, playing a lottery, or an online casino. In this article, we will look at some risks faced by those living in the Amazon basin and in some cases by tourists visiting the area.

Photos 2, 3, and 4include some risks faced by tourist in the city of Iquitos – the gateway to the Amazon.

Three Approaches to Providing an Opportunity to Bargain

By  Alexander “Sandie” Pendleton

Waivers have failed, at least in part, due to the failure of the signer to have an opportunity to bargain over the terms of the contract. (Atkins v. Swimwest Family Fitness, 2005) Several tactics have been suggested to prevent a waiver from being adhesionary or unconscionable due to the lack of opportunity to bargain.

On the issue of bargaining, importantly, the Atkins decision talks in terms of “the form itself must offer the opportunity for bargaining” (para.25).

Duty and Liability

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?                                                                             

A. You can’t. People can and may sue you, with or without justification. And even the best program can make mistakes which might provoke the lawsuit.


This is the second in a 2-part series by Daniel Hale. The title says it all!

By Daniel Hale

5. Online Insurance Carriers Have No Duty To Advise The Policyholders of Coverage Adequacy

Most policyholders rely on their insurance agents to provide much needed expertise on technical insurance issues.  In fact, most independent agents strive to develop a personal and long term relationship with each of their policyholders. 


This 2-part series is authored by Daniel Hale,  a real expert in the field of insurance. Hale is located in Michigan so some of the considerations relate specifically to Michigan law. It is important that the reader find out if the reader’s state law is different.

By Daniel Hale

In today’s online marketplace, the ability for consumers to purchase insurance over the Internet is greater than ever.  With the continued development of electronic security and online bill payment,

Do Industry Standards Increase Our Liability?

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 SportWaiver.com. Touchstones is a publication of Experiental Consulting which focuses on risk management, staff training, and human resources for outdoor programs and is edited by Steve Smith.

Alert to Non-Profit Organizations!

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,

NOTICE: New Edition Now Available

Why learn about waivers?

With the constant threat of lawsuits looming in the sport, recreation, and fitness fields, providers often use contracts and other documents for financial protection. This comprehensive book will help you protect your business with the most effective waivers, releases, and other protective documents.

What is included?

  • 183 pages
  • Totally revised and updated
  • Table of contents
  • Public Policy is addressed and clarified
  • New Steps for Writing Waivers –

Do Your Certification Homework

Your certification requirements should go beyond taking an employee’s word for it. Research the certifying organization and make a paper trail to help avoid client injury and litigation.

Ask, “Are the actions of my personal trainers going to land me in a lawsuit?” Client Anne Capati thought the personal trainer she hired at Crunch Gym in New York, N.Y., was an expert. However, she suffered a brain hemorrhage and subsequently died as a result of his recommendations. Her husband, Doug Hanson, filed a lawsuit that has created a stir in the industry.