The document discusses the preventative law process for risk management in organizations. It involves five steps: [1] identifying potential legal risks, [2] assessing the probability and impact of those risks, [3] evaluating which risks are worth addressing, [4] developing a preventative law plan using strategies like risk elimination, transfer, and control, and [5] implementing the plan through policies, contracts, training programs, and evaluation. The goal is to minimize liability possibilities and make the organization more effective for all stakeholders.

1. Preventative Law Process(Risk Management) Jeremy Siden

2. Advantages of Risk Management The function or process by which an organization identifies and manages the risks from its activities. Understanding legal strategies to add value to your organization. Minimizing liability possibilities. Make the organization more functional for employees, clients, and spectators. More efficient Less chance of injury or casualty Often viewed as an “evil necessary” instead of beneficial and advantageous.

3. Preventative Law Looks at risks that could affect an organizations financial health. Broader focus than Risk Management by focusing on Risks including: Environmental Political Economic Regulatory Institutional Cultural

4. Preventative Law Process Five Steps Risk Identification Assessment of Risks Risks are Evaluated Preventative Law Plan Implement preventative law plan

5. Risk Identification the legal audit Identify what the liabilities could be Personal Injuries Sports Weight rooms Pools Gymnasiums Saunas Legal Issues Tort law Contract law Employment law Administrative law Intellectual property law

6. Possible Liability ConcernsFitness Club Employment issues Breach of contract Wrongful termination Discrimination Sexual harrasment Working conditions Employee theft Facility Issues Zoning Lease Disability access Premises Liabilty Slip and fall Pool safety Parking Client/Participant Supervision Warnings Equipment safety Intellectual Property/Advertising Use of trademarks/copyrights False advertising Deceptive Practices

7. Risk Assesment Determining the probability that particular risks will result in mishaps. Determines the magnitude of the potential liability arising from the mishaps. History and statistics from organization and similar organizations. Stay up to date with new trends and topics of litigation. Trade Journals Athletic Business, Athletic Management, Fitness Management The Assesment should include Type of risk Frequency of risk Magnitude of risk How to handle the risk

8. Risk Evaluation Evaluate risks in conjunction with mission of organization. Is the Risk worth the Reward? Examples Pool (necessity) Alcohol distribution (luxury) Need to develop strategies to lower risk of the necessary risks.

9. 4 Strategies of The Preventative Law Plan Risk Elimination If only risk greatly out weights benefits Risk Retention Organization chooses to bear financial consequences of an activity Not insured under certain risk but still keep it Risk Transfer Insurance coverage Independent contractors Risk Control Actual reduction of risk Ex. Warning signs, proper supervision, equipment instruction

10. Implementation of Preventative Law Plan Congruent with Organizations Core Values All members of organization must understand concepts Key Elements Developing effective policies Drafting contracts that protect your interests Designing effective training programs Developing evaluation procedures

11. Policies and Procedures Provide evidence that organization is ran effectively Communicate your commitment and concern to constituents Ensure fairness and consistency Less likely to receive claim against your organization if you are trying to do “the right thing” Examples Protocol following a medical emergency Protocol for hiring competent and suitable staff

12. Draft Contracts to Protect Your Interest Negociate through several drafts to protect organization’s interests Draft contracts that are congruent with business practice and values Ex. Alcohol concessions Draft with “worst case scenario” in mind Consult Attorney to develop effective contracts

13. Training Programs Employees are more likely to follow procedures if they understand the connection between preventative law plan and core values. Areas to Train: Employment practices Inspection and maintenance of facilities Proper supervision and instruction Protection of intellectual property

14. Evaluation Process Process is ongoing Must follow through with procedures Evaluate if risk prevention is being implemented