Protecting the Pursuit of Happiness

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.”

The Declaration of Independence boldly sets forth the American belief that governments are created to protect freedom and, specifically, our right to “Life, Liberty and the Pursuit of Happiness.”  For many, the “Pursuit of Happiness: is inextricably intertwined with being able to engage in active, exciting, and adventurous endeavors in their scarce free time.

But the availability of active recreational opportunities is threatened by a philosophy amongst more and more plaintiffs’ lawyers, judges, jurors and reporters that citizens should live in a risk-free society, one in which every injured person has an inalienable right to be compensated by someone. Holders of such ideals continually seek to expand legal doctrines, so as to hold more and more providers of active recreational opportunities liable.

At Pendleton Legal, we continue to believe the “Pursuit of Happiness” is a right worth preserving. We represent, guide and fight for businesses and organizations that provide recreational opportunities and products, so that our clients are not overwhelmed by liability that might otherwise threaten their continued success (or even existence). Preserving this right is often not an easy task, but we know this mission is an important one to our clients, and to the future of a free, healthy and vigorous society.

These days, every organization that provides recreational opportunities and/or products needs to have a well-thought-out liability risk management plan, including having (and properly using) well-crafted agreements (containing properly drafted waiver, assumption of risk, release of liability, and indemnification terms).

One of the things in which we specialize is helping clubs, organizations and businesses that use pre-event waiver-of-liability forms to ensure that their forms are optimally drafted and deployed so as to best ensure that a court will enforce the waiver and other important terms therein. We also help our clients with memoranda of understanding with property owners, agreements with sponsors, and agreements with professional and stunt athletes. See our website for details about the full range of services we provide to recreational-opportunity providers.

We provide services to clubs, organizations and businesses that organize athletic and recreational events in all 50 states, and welcome the opportunity to discuss your organization’s events, activities and goals.

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