This was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive, Suite 100, Houston, Texas 77057.
An indemnification is an agreement between two parties that addresses the possibility of a claim against one of them by a third party.
The party granting the indemnity (the “indemnitor”) promises the person indemnified (the “indemnitee”) that it,
Waivers and releases of liability can fail to protect for many reasons. Releases in three 2009 cases failed to protect because the waiver did not name the protected parties either by name or by function. These three cases can give sport, recreation, and fitness providers some guidance in writing a waiver or in evaluating a waiver currently in use.
Porter v. Dartmouth College
In Porter v. Dartmouth College (2009 U.S. Dist.
This article originally appeared in Fitness Management in January 2008. It has been modified slightly for the website.
Most sport, recreation, and fitness professionals should be able to identify the risks facing their business. The question is, what do you do about a risk once it is identified? Whether the risk involves a property exposure, liability for negligence, or business operations, management must determine the extent of the risk by examining the following: 1) its potential severity (possible impact on the corporation functioning and possible seriousness of a resulting injury),
This is the final part of a 5-part series of ways to reduce the risk of a lawsuit. This part focuses on guidelines dealing with the basic fundamentals of successful risk management. Each subject encompasses an immense amount of subject matter. See the sources cited for more information.
15. Know and Adhere to Industry Standards
Professionals are held to a standard of care that is deemed reasonable and any conduct that falls below that standard of care may leave the club liable for injuries or damages.