What are the legal risks that may be encountered in outdoor sports?

Reading

For some time, on the Internet or in the media, you can see news that some ALICEs have been successfully rescued by outdoor rescue teams after participating in outdoor activities. They are undoubtedly fortunate, but these events remind us that in addition to the outdoor knowledge and self-help knowledge, outdoor sports should also know how to use the law to protect themselves.

What is outdoor sports?

The so-called outdoor sports generally refers to the development of potentially dangerous and unpredictable outdoor sports in the natural environment outside the tourism built-up area or open area, including but not limited to: the original jungle desert snow crossing, high mountain alpine climbing, stream canyon tracing Rafting, exploration of the Tiankeng Cave, climbing over the cliffs, etc.

What is the legal risk in outdoor sports?

In outdoor adventure sports, it refers to the predictability of the cognitive ability of ordinary participants, but it is difficult to accurately determine the danger or harm of their occurrence and consequences. Such as lightning strikes, rock fall, flash floods, slipping, air crashes, drowning, snake bites, etc. In the open flood on the open floodplain, there may be a lightning strike, but at what time hit, hit who? Is it hurt or dead? Crossing in the forest grass, it is possible to be bitten by a snake, but who is it? Toxic and toxic? Is it dead or hurt? Predictable, but the occurrence and the result is inaccurate, is the risk.

What are the forms of outdoor sports?

1

Natural person combination

It is divided into non-profit portfolios and for-profit portfolios. A non-profit group is also known as the AA self-help group, which is a group of two or more natural persons who voluntarily form a “community at public expense, task self-fulfillment, and risk responsibility” rule; The individual (one or more persons) is the sponsor or organizer of the event and publicizes in advance a fee other than the public expense of the activity and then charges the participant another fee, or a combination of fixed sums that are not agreed to be settled, such as the payment of a leader fee, organization Fees, equipment use fees, or the combination of the leader's share of the leader's fee, and the way the fixed fee does not make up for it.

2

Business combination

That is, the operating legal person or a community organization such as an outdoor product store, a sporting goods seller, an outdoor sports club, an operating outdoor site, etc. is the initiator or the organizer, and the combination formed by the activities to the unspecified counterpart is publicly disclosed. The business portfolio consists of fixed fees or variable fees, regardless of whether the final profit or loss.

3

Controversial combination

The nature of this type of organizational form is somewhat controversial. The common ones are: 1. The outdoor operating website does not use the name of the website itself, but the outdoor activity initiated by the authorized individual or the moderator's personal name to the unspecified counterpart; 2. The outdoor outdoor club is not in the name of the club. Instead, it uses the personal name of the person who has hired or affiliated with it to post on various websites or forums to convene activities (ie, online phishing). In fact, it is planned and implemented by the club. 3. There is income from advertisements for goods (with advertising agents or The outdoor activities of the outdoor activities QQ group leader who is imagining advertisements) initiate outdoor activities initiated by the individual in the name of the individual. This type of organizational activity, although its fees may not always be profitable, and even some have public welfare, but in legal terms, this type of combination is suspected of operating or profit, or has actual or potential commercial interests, such as In order to gather potential consumer sentiment, publicity websites or certain brands of outdoor products are generally presumed to have organizational activities for commercial purposes. Unless the promoter can provide enough credible evidence to prove that he has no interest in any form between himself and the website, between the club and the advertiser. In fact, such self-certification is very difficult, including the difficulty of gathering evidence, the interest of the witness, and the unity of the evidence. It is difficult for the judge to believe.

What obligations and responsibilities should organizers assume for commercial outdoor sports?

In commercial outdoor sports, the participants pay for the activities to the organizer, and the participants and organizers form a travel contract relationship or commission contract relationship. The organizer shall undertake the necessary obligations and responsibilities as agreed upon by the participants in the contract, such as ensuring the safety of outdoor sports, ensuring the smooth conduct of outdoor sports, and ensuring the personal safety of participants. If there is a security incident due to the organizer, the organizer should bear the relevant liability for breach of contract.

What obligations and responsibilities should organizers and participants take on non-profit outdoor sports?

For non-profit outdoor sports, organizers should provide participants with necessary risk tips; participants, as civil capacity performers, should also be responsible for their own actions. If an accident occurs because the organizer's wrong direction leads to victimization, the organizer shall compensate the victim according to the tort liability principle. If it is not for the organizer's reasons but for other reasons, the participant, as a person with full capacity for civil conduct, must bear some responsibility for the results. In litigation, the judge may decide that the organizer should bear certain liability according to the principle of fair liability.

Article 132 of the General Principles of Civil Law states that if the parties are not at fault in causing damage, they may share civil liability according to actual conditions.

After commercial and non-profit outdoor sports, organizers and participants have accidents, what legal disputes may be involved?

Commercial outdoor sports may involve breach of contract responsibilities and tort liability; non-profit outdoor sports may involve infringement issues and compensation for the principle of fair liability under force majeure.

In some outdoor sports, organizers let participants sign exemption clauses, disclaimers, and whether they have legal effect.

The disclaimer can be viewed as a participant's recognition of risk. However, in the event of an accident, the organizers and other members are obliged to help people in distress. In the case of profitable outdoor sports, the organizers have the necessary responsibility for the safety of the participants and should be responsible for the safety of the participants. In the case of non-profit outdoor sports, the organizers and other members are liable for the assistance to the participants. Therefore, they should be liable under the principle of fair liability.

The signing of the exemption clause does not exempt the full liability, but it shows that the participants have a certain degree of predictability of the risk and are willing to bear the risk, and can exempt part of the organizers from their responsibilities.

Other matters needing attention

In participating in outdoor sports, if the organizer has made necessary warnings about the risks and necessary dissuasion of the participant's behavior, but the participants are still carrying out dangerous activities, the consequences of the harm caused by the participants themselves are the responsibility of the participants.

Nowadays, our country's legislation in the field of outdoor sports is not perfect, mainly based on the Tort Liability Act. For past outdoor sports security incidents, the organizer will also be judged to bear the necessary liability according to the principle of contract or fairness. Therefore, outdoor sports should be aware of their ability and whether they can participate. When joining an outdoor sports organization, it is necessary to sign the necessary contract with the organizer. In particular, when paying for outdoor sports activities, it is necessary to stipulate clearly the rights and obligations of both parties. In addition, when participating in dangerous outdoor sports, you must purchase necessary commercial insurance for accidental injury to protect your rights and interests.

Rolltop Fence

BRC Fence Introduction:

Rolltop Fence,Roll Top Mesh Fence,Brc Mesh Fence,Hot Dip Galvanized Brc Fence

Anping County Shengxin Metal Products Co., Ltd , https://www.shengxin-fence.com