Advanced Legal Services for Athletic & Recreational Businesses

We can help businesses and organizations not only with the basics (well-drafted, well-deployed, release-of-liability language), but also with a variety of other important risk-management considerations, including:

  • Representation of organizations and their insurers in claims arising out of athletic/recreational events (especially cases involving the enforceability of pre-event waivers of liability).
  • Policy creation and staff training materials relating to waiver-of-liability and risk-management issues.
  • Legal audits for best practices relating to accident prevention/liability reduction.
  • Event and facility insurance coverage issues.
  • Negotiation and litigation with insurance companies that refuse to comply with their insurance coverage or defense obligations to your organization.
  • Insurance coverage analysis/opinions (both pre-accident, and post-accident).
  • Warning signage wording, design and deployment.
  • Creation/review of stadium and other venue "back-of-the-ticket" language (addressing warnings, and assumption of risk terms).
  • The wording of event public-address announcements relating to safety issues (important to assumption of risk defenses in spectator injury cases in many states).
  • Asset-protection strategies, relating to, for example:
    • Whether your organization should or can be organized as a non-profit or for-profit entity, and whether doing such would provide liability-reduction or tax-reduction benefits?
    • How assets should be owned (e.g., whether ownership of facilities used for an athletic/recreational activity should be held by the same entity that organizes the athletic/recreational activity).
  • Accident investigation, documentation and evidence preservation.
  • Advice relating to handling media inquiries relating to serious injuries/deaths.
  • Pre-construction of recreational facilities legal risk and liability analysis. For example, we can address legal issues relation to such questions as “Should our organization build a swimming pool?", and if so:
    • If someone drowns or is injured in this pool, what is our organization's potential liability?
    • "How should we structure/design our operations so as to minimize the risk of personal liability for our organization’s officers, directors and employees?"
    • “What insurance coverage would be available, what would it cover (and not cover) and at what cost to the organization, compared to the likely revenue that could be generated by the new facility?”
    Such answers can help your organization make important business decisions on an informed basis rather than on speculation.
  • Best practices leading to the prevention of sexual impropriety/abuse claims in athletic/recreational settings, and advice relating to potential liability resulting from such claims.
  • Neighbor relations/conflicts (such as communications, negotiations and defense of lawsuits relating to nuisance claims against facilities relating to event or operational noise levels).
  • Electronic registration forms (including waiver of liability terms).
  • Waiver of liability record management program design.

To learn more about how we can assist you, click on any of the topics at right, or click here to get started now on the process of having your current release form reviewed. 


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