1) “The ADA specifies what employers, government agencies, and managers of public facilities (including sport facilities) must do to ensure people with disabilities are not unfairly excluded from social life” (Ammon, Southall & Nagel, 2010 p. 81). How might you train your staff to be on ADA compliance and how to empathetically help disabled patrons have a great fan experience? What challenges exist in this endeavor from an organizational management perspective? How can you overcome these challenges to ensure your facility and staff is ADA compliant in a positive manner? You are to use at least 3 references to formulate your initial reply.

References

Ammon, R., Southall, R. M., & Nagel, M. (2010). Sports Facility Management. West Virginia: West Virginia University.

Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of this page under the heading of “Forum Guidelines.” Please be sure to support your facts with citations and sources. Also, as a courtesy to your classmates and instructor, please provide the URL of any online resource(s) you utilize.

Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of this page under the heading of “Forum Guidelines.” Please be sure to support your facts with citations and sources. Also, as a courtesy to your classmates and instructor, please provide the URL of any online resource(s) you utilize.

2)Attached as a Word Document is a sports contract where you will insert information ONLY WHERE YOU SEE RED.

Basically, you are the athlete or celebrity but in the contract you are listed as the STUDENT. You are to choose who the sponsor is (it can be Coca-Cola, Red Bull, Under Armour, etc.) who wants you to represent them at the 2020 Tokyo Olympics. Most important is clause 2 titled “Specific Requirements.” List at least 3 requirements that the sponsor and you agree to (it can be to come to a venue, hospitality center, go to a club, or anything), details and dates of those requirements also. Also, look at clause 3.1 and insert any special conditions you require such as specific lodging, foods, travel arrangements, etc.

Use your imagination here. Remember, YOU ARE BIG TIME!!!. If you want only a 5 star hotel, driven in a limousine or flown over to Japan with first class tickets then IT HAS TO BE IN THE CONTRACT. IF YOU DON’T ASK, YOU DON’T GET.

Upload and attach your completed contract in your initial post (it is too large to be pasted).

Aside from this please:

• Discuss/speculate what one possible breach of this contract might be.
• What might one remedy for this possible breach would be?

Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of this page under the heading of “Forum Guidelines.” Please be sure to support your facts with citations and sources. Also, as a courtesy to your classmates and instructor, please provide the URL of any online resource(s) you utilize.

3)Week 5 Forum | Lawsuits and Litigation in Sports

Lawsuits in sport and recreation have increased over the past 10 to 15 years. List two factors that you believe could explain this increase. How could risk management plans control these factors and concomitantly eliminate some of the litigation? Support your responses with specific examples and/or references. At least one of your references must come from the Sports Litigation Alert. To get to the Sports Litigation Alert you can find sample issues of the Sports Litigation Alert here: 

http://www.sportslitigationalert.com/sample.html

In the library you will see links for 

SPORTDiscus with Full Text

. You can do your forum using SPORTDiscus under “Selected Databases” under “Articles/Journals”. Let me know if you have any questions. 

So you can use the Sports Litigation Alert or another source from SPORTDiscus. 

Dr. Doukas

Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of the page under the “Forums” link on the course navigation panel.

Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of this page under the heading of “Forum Guidelines.” Please be sure to support your facts with citations and sources. Also, as a courtesy to your classmates and instructor, please provide the URL of any online resource(s) you utilize.

4)Please review the attached PowerPoint presentation on crowd management. Then, answer the following questions:

• Explain how crowd management and risk management differ.
• Name some crowd management problems that you have observed either on television or in person and explain how they were dealt with.
• How can cell phone technology (smart phones) help with crowd management, if at all?
• In the past crowd managers have had to deal with crushes, mosh pits, alcohol, terrorism and other issues.
• What additional issues might a crowd management team have to deal with in the next 10 years?

Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of the page under the “Forums” link on the course navigation panel.
Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of this page under the heading of “Forum Guidelines.” Please be sure to support your facts with citations and sources. Also, as a courtesy to your classmates and instructor, please provide the URL of any online resource(s) you utilize.

5)”Concessions include food service management (food and beverage sales) as well as the sale of merchandise” (Ammon, Southall & Nagel, 2010 p. 225). Describe at least one recent trend in concession management. Explain the significance of this trend, describe benefits for patrons, and predict the future of this trend. Support your responses with real examples and/or sources.

References
Ammon, R., Southall, R. M., & Nagel, M. (2010). Sports Facility Management. West Virginia: West Virginia University.

Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of the page under the “Forums” link on the course navigation panel.
Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of this page under the heading of “Forum Guidelines.” Please be sure to support your facts with citations and sources. Also, as a courtesy to your classmates and instructor, please provide the URL of any online resource(s) you utilize.

6) We are now in the final week of the course. Identify one staff position associated with facility management that you would want to be part of. First, list the title of that specific position. Next, identify and describe the duties involved with that specific job title. Then, explain if this is a job you would consider doing in the future? Why or Why not? Please review your classmates post prior to responding and attempt to use an original job title in your response. 

Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of the page under the “Forums” link on the course navigation panel.
Please review the specific forum directions, including minimum word requirements, as well as information on the forum grading rubric, at the top of this page under the heading of “Forum Guidelines.” Please be sure to support your facts with citations and sources. Also, as a courtesy to your classmates and instructor, please provide the URL of any online resource(s) you utilize.

7.)This week’s assignment is a fun one. You will do a paper on a stadium or arena of your choice (1 – 2 pages) but YOU MUST DISCUSS the following (Be sure to have read the resources in “lessons” before starting this forum.).  The assignment should begin with an APA-format title page and references should be cited in APA format both at the end of the paper and in-text where the references are used. Please use each item below as a header for its respective section: 

· Tickets

· Luxury Suites and Club Seating

· Concessions

· Parking

· Licensed Merchandise

· Sponsorships

· Media

IF the following information is available try including: 

· Taxes

· Mortgage and Rent

· Insurance

· And Outsourcing

You must have at least 3 references for this assignment. You can have as many references as you like (above three references).  

8)This assignment will provide an outline of your final project.
Below is a sample outline. Remember that under the directions of the final project (see directions under assignment – Final Project) there are requirements for what to have in your project. BE SURE TO FOLLOW THOSE DIRECTIONS. Please provide one (1) paragraph for each heading below: 

1. Overview of the facility’s operation 

2. Risk Matrix

3. Identify TEN (10) specific risks
4. Indicate Indemnification

5. Waivers 

6. ANY type of facility will have hundreds of risks associated with it. You are required to cover only 10.

7. Narrative regarding risk reduction procedures. 

8. Personnel management

9. Discuss their emergency procedures. 

10. Compliance with the ADA
11. Crowd Management plan

12. Conclusion/summar

13. References

9) see risk analysis attachment

ANY QUESTIONS PLEASE ASK

DUE SUNDAY

1

SPORT CONTRACT

[INSERT STUDENT NAME AND LOGO OF SPONSOR AS APPROPRIATE]

ADVANCE \y 670

Contract prepared

by:

Olympus Sport Management Group

KEY TERMS

DATED
2013

SPONSOR’S CONTRACT

BETWEEN

[INSERT NAME OF NATIONAL SPORTING ORGANISATION] [INSERT LEGAL DESCRIPTION EG. INCORPORATED SOCIETY AND ADDRESS OF REGISTERED OFFICE ] (We or Us)

AND

[INSERT STUDENT’S FULL NAME] (You)

Congratulations! We are delighted to appoint You to
[insert reason for appointment – whether to a squad, for an event, for a series of events or simply to be a contracted official of the Sponsor]
. This Contract sets out the terms and conditions that You accept as a condition of your appointment. This Contract includes the Key Terms, the Standard Terms and Conditions and the Schedules attached.

1.
TERM

This Contract commences on the day that it is signed (Commencement Date) and will continue until:

1.1
[Insert Day, Month and Year that the Contract terminates on]; or

1.2
it is terminated in accordance with the provisions of this Contract.

2.
SPECIFIC REQUIREMENTS

You agree to meet the following specific requirements during the Term
[please insert below details of any specific events or activities that the student (you) is required to attend (if selected) or any other requirements specific to the Sponsor not already covered in the Standard Terms and Conditions for the 2020 Tokyo Olympics
:

Requirement	Detail	Dates (if relevant)

(Specific Requirement Schedule)

3.
OTHER SPECIAL CONDITIONS

3.1
[Insert any special conditions here. Is the Sponsor required to have any specific insurance cover? Is the Sponsor required to lodge expense claims by a particular date each month? Matters specific to the particular Sponsor should be dealt with here. If there are no special conditions this clause can be deleted.]

4.
ADDRESSES FOR NOTICES

Contact Name: [
insert
]

Fax Number: [
insert
]

Physical Address: [
insert
]

Mailing Address: [
insert
]

Address for Notices to Us:	Address for Notices to You:
	Contact Name: [ insert ]
	Fax Number: [ insert ]
	Physical Address: [ insert ]
	Mailing Address: [ insert ]

5.
EXECUTION

SIGNED for and on behalf of [INSERT NAME OF NSO AS APPROPRIATE
]

by:

	Signature
Name/Title

Witness:

Signature of witness

Full name of witness

Occupation of witness

Address of witness

SIGNED by:

Signature

Full name of Sponsor

Witness:
Signature of witness
Full name of witness
Occupation of witness
Address of witness

STANDARD TERMS AND CONDITIONS

1. ELIGIBILITY

1.1 General Eligibility: By signing this Contract You declare that, as at the date of this Contract, You meet, and You undertake that, for the Term of this Contract You will continue to meet, the following general eligibility requirements:

(a) You are a resident of New Zealand; and

(b) You are not currently disqualified or suspended under the Rules.

1.2 Eligibility for Selection:

(a) Notwithstanding your appointment under this Contract You acknowledge that You may be required to meet the Selection Criteria in order to be selected to represent Us for a specific event or otherwise during the Term.

(b) You acknowledge that We may, in our absolute discretion, determine the Selection Criteria for any event or otherwise during the Term.

(c) You acknowledge that your entry into this Contract does not create an obligation on Us to select You for any event or otherwise.

2. your obligations

For the Term of the Contract You will meet the following obligations.

2.1 Best Possible Condition: You will be available to officiate in the Sport to the best of your ability.

2.2 Specific Requirements: You will meet all Specific Requirements in accordance with the Specific Requirement Schedule set out in the Key Terms of this Contract.

2.3 Disclose Change in Circumstance: You will disclose to Us any change in circumstances, which could or will affect the declarations You made in clause 1.1 or which could or will affect your ability to meet your obligations under these Standard Terms and Conditions. Such disclosure should be made immediately upon You becoming aware of such changed circumstances. You acknowledge that We may terminate this Contract if any requirements under this Contract are not satisfied as a result of such change in circumstances.

2.4 Olympic Charter: You will comply with rule 41 of the Olympic Charter in that You will:

(a) respect the spirit of fair play and non violence, and behave accordingly; and

(b) respect and comply in all respects with the World Anti-Doping Authority Code.

2.5 Personal Conduct: You will conduct yourself in a manner so as not to bring You, Us or the Sport into public disrepute.

2.6 Wear Uniform or Apparel: You will wear any official uniform or other apparel supplied by Us as reasonably required by Us.

2.7 Authorised Use of Equipment Only: You will use any equipment supplied by Us only when expressly authorised by Us to do so, and at no other times.

2.8 Not Bet: You will not bet or accept, give or be involved in any way in any inducement or bribe in relation to your involvement in any event in which You are officiating, while engaged by Us.

2.9 Comply with Requirements: You will comply with our constitution, by-laws, regulations, protocols, the Rules and the Policies and Procedures (as amended from time to time), if any.

2.10 Our Reasonable Directions: You will co-operate and comply with all reasonable directions given by Us.

2.11 Co-operate: You will co-operate, to the greatest extent possible, with all other officials, athletes and persons affiliated with Us.

2.12 Retirement: You will advise Us in writing a reasonable time before publicly announcing your retirement from the Sport where applicable.

2.13 Costs Due to Termination: You agree to be liable for any expenses (including travel and accommodation related costs) incurred by Us as a result of your termination of this Contract in accordance with clause 10 of this Contract or as a result of our termination of this Contract in accordance with clause 12.1 or 12.3 of this Contract.

3. OUR OBLIGATIONS

For the Term of the Contract We will meet the following obligations.

3.1 Administrative Support: Where reasonable, we will provide administrative support to You to support you to meet your obligations under this Contract.

3.2 Access to Facilities: We will provide You with access to our facilities as considered appropriate by Us.

3.3 Uniforms etc: We will make available to You uniforms, competition apparel, other items of clothing and equipment as considered appropriate by Us.

4. MEDIA

4.1 Organise Media Contact: You acknowledge that We may organise, make and arrange any media contact or exposure on your behalf that We consider appropriate.

4.2 Availability: You will make yourself available for any media contact or exposure arranged by Us and will be prepared to answer questions, make comments and participate in promotional activities at our reasonable request. We will cover your pre-agreed travel and accommodation costs for media activities carried out at our request in accordance with the Policies and Procedures or as otherwise agreed between the parties.

4.3 Punctuality: You will punctually attend engagements arranged by Us including appearances in public, on radio or television and You will punctually attend public functions organised or supported by Us, when reasonably requested to do so by Us.

4.4 No Public Criticism: You will not comment, issue, authorise, offer or endorse any public criticism or statement having or designed to have a prejudicial effect on Us or our interests during the Term.

4.5 Interviews: You will not make any arrangements for exclusive media interviews, act as a journalist or in any other media capacity or give any interview for payment or other reward without our prior written consent. Our consent will not be unreasonably withheld.

4.6 Image: You acknowledge that We may use your name, image and likeness in any format or media We consider appropriate (including print, television, video and internet) and in connection with any promotional campaigns and other public and media announcements.

5. DOPING

5.1 Comply with Doping Requirements: You will comply with all rules, regulations, by-laws, policies and codes of conduct relevant to You and relating to drugs and doping. Without limiting the foregoing, You will at all times comply with the World Anti-Doping Authority Code, our anti-doping policies, if any, the New Zealand Sports Drug Agency Act 1994 and any statutory provision which amends or replaces it, and all Regulations made under that Act.

5.2 Right to Terminate: If You are found guilty of an offence connected with doping We may, in addition to other rights We may have, terminate this Contract immediately.

5.3 Obligation to Notify: You must notify Us of any doping case against You before You sign this Contract and must notify Us immediately of any doping case involving You that arises during the Term.

5.4 Make Public Name and Offence: If You are found guilty of an offence connected with doping, We may, in addition to any other rights We may have, make public your name and the offence committed.

5.5 Disclosure of Personal Information: You acknowledge that We have the right to disclose to Drug Free Sport New Zealand, or any other relevant doping authority, any personal information in relation to You that concerns, or may concern, doping.

6. medical

6.1 Injury or Illness: You agree to inform Us immediately of any injury or illness which may impact on your ability to perform your obligations under this Contract.

6.2 Testing: You will undertake any physical or medical testing reasonably required by Us.

6.3 Directions: You agree to comply with all reasonable directions given by Us or our nominee in relation to your fitness.

7. Travel

7.1 Arranged by Us: We may organise and pay for your travel, travel insurance and accommodation from time to time. We will advise You of the times when, and the extent to which, We will do this on your behalf as and when the need arises.

7.2 Airpoints: Where You accumulate airpoints from travel paid for by Us, whether national or international, We may require these airpoints to be credited towards future national or international travel by You under this Contract, or under subsequent versions of this Contract.

7.3 Passport/Visa: You will ensure that your passport is current and that You have all relevant visas required by any country to which You will travel.

7.4 Personal Belongings: You acknowledge, unless otherwise agreed between the parties, that You are responsible for the transportation of all your personal belongings under this Contract.

8. Limitation of Liability

8.1 The NSO: For the purposes of this clause, the term “the NSO” includes our management team, our other officials and employees engaged by Us, coaches, medical practitioners, sport scientists and therapists engaged by Us, any independent contractor from time to time engaged by Us or any voluntary worker carrying out duties for Us.

8.2 Limitation of Liability: You accept that the NSO will not be liable for:

(a) any loss, damage, cost, expense or injury of any kind arising directly or indirectly from any act, neglect or fault (whether negligent or otherwise) on the part of the NSO and connected with your obligations under this Contract unless it arises as a direct result of a deliberate and wrongful act or omission by the NSO; or

(b) any medical testing or treatment conducted on You, or any disciplinary or other action ordered or taken against You by the NSO.

9. indemnity

9.1 Indemnity: You agree to indemnify Us against:

(a) any claim, suit, actions or proceeding brought against Us as a result of a breach of this Contract by You; and

(b) any liability incurred by Us for the deduction or payment of tax in connection with payments made by Us to You pursuant to this Contract, including the costs of collection of such tax and any other incidental costs expenses penalties or claims. We will be entitled to offset any such claim from any payments to You in the event that We are assessed for any such tax.

9.2 Costs: You will pay all costs (on a solicitor client basis) incurred by Us in enforcing this Contract.

10. YOUR RIGHT TO END Contract

You may terminate this Contract on giving Us not less than 14 days’ prior written notice. In such event clause 12.4 will apply.

11. DISPUTE RESOLUTION

11.1 Discussions Between Parties: You will meet with Us and discuss in good faith any dispute arising out of this Contract.

11.2 Mediation: If the discussions referred to in clause 11.1 fail to resolve the dispute, either party may (by written notice to the other party) require that the dispute be submitted for mediation by a single mediator nominated by the President for the time being of the New Zealand Law Society. In the event of any submission to mediation:

(a) the mediator will not be acting as an expert or as an arbitrator;

(b) the mediator will determine the procedure and timetable for the mediation; and

(c) the parties will share equally the cost of the mediation.

11.3 Legal Proceedings: Neither party may issue any legal proceedings (other than for urgent interlocutory relief) relating to any dispute, unless that party has first taken all reasonable steps to comply with clauses 11.1 and 11.2.

12. DEFAULT/termination

12.1 Breach: You agree that We may, without prejudice to any other rights or remedies We may have, elect to terminate this Contract by giving notice to You in writing where You have committed a breach of this Contract and You have failed to remedy such breach within 3 working days of receiving such notice from Us.

12.2 Other Consequences: You agree that if You breach any provision of this Contract, We may, in addition to any other rights or remedies We may have, on giving written notice to You:

(a) caution or reprimand You;

(b) suspend You from officiating, whether nationally or internationally;

(c) withdraw You from officiating, whether nationally or internationally; and/or

(d) impose any fine or other penalty or sanction on You, provided this is done in accordance with the Policies and Procedures and/or the Rules.

12.3 Material Breach: You agree that We may, without prejudice to any other rights or remedies We have, terminate this Contract immediately by notice in writing to You, if You have committed a material breach of this Contract. For the purposes of this clause 12.3 a breach of clauses 1.1, 2.2, 2.3, 2.4, 2.5, 2.8, 2.9, 4.4, or 5.1 will be deemed to be a material breach.

12.4 Consequences of Termination: On termination of this Contract for any reason:

(a) the termination will be without prejudice to either party’s rights and remedies in respect of any breach of this Contract by the other party, where the breach occurred before the termination of this Contract; and

(b) termination will not relieve either party from any obligation which is intended to survive termination.

13. APPEALS

13.1 Policies and Procedures: You can appeal a decision made under clause 12.2 above, in accordance with the Policies and Procedures or, if there are no applicable Policies and Procedures, then in accordance with clause 11 of these Standard Terms and Conditions.

13.2 Date of Alleged Breach: You acknowledge that the Policies and Procedures may change over time and accordingly You agree to be bound by the Policies and Procedures current as at the date of the alleged breach.

14. Confidential INformation

You will maintain as confidential at all times, and will not, at any time, directly or indirectly disclose or permit to be disclosed to any person or use for yourself or use to the detriment of Us, any Confidential Information except:

(a) as required by law;

(b) as is already or becomes public knowledge, otherwise than as a result of a breach by You disclosing or using that Confidential Information, of any provision of this Contract;

(c) as authorised in writing by Us; or

(d) to the extent reasonably required by this Contract (and, without limiting the effect of this clause, You may disclose Confidential Information only to those of your professional advisers, on a “need to know” basis, as is reasonably required for the implementation of this Contract).

15. intellectual property

You acknowledge that We own the Intellectual Property and agree that You do not by this Contract and will not otherwise have or acquire any ownership in the Intellectual Property.

16. PRIVACY

16.1 Personal Information: You acknowledge that We will need to collect personal information from You, including contact details, performance results, sponsorship details and health related information. You acknowledge that You have rights of access to, and correction of, this information.

16.2 Consent: You consent to Us collecting and storing indefinitely your personal information for the purposes set out in this Contract which include:

(a) enabling Us to meet our obligations under this Contract;

(b) determining whether You are meeting, or able to meet, and ensuring we are supporting you to meet, your obligations under this Contract;

(c) enabling Us to contact You;

(d) facilitating the promotion of the Sport; and

(e) facilitating the promotion of Us.

You also consent to Us passing on such information to our sponsors, SPARC, the New Zealand Academy of Sport, and other bodies to which we are affiliated for the purposes set out above where applicable.

16.3 Health Information: Except as provided in clause 5 of these Standard Terms and Conditions, personal information in relation to your health will only be collected, held and used by Us for the purposes of assessing your ability to meet, and enabling Us to support You to meet, your obligations under this Contract and will not be passed on to third parties unless We are required by law to do so or have obtained your prior express consent.

17. NOT EMPLOYEE

17.1 Not an Employee: You acknowledge that You are not appointed as an employee under this Contract.

17.2 No Claim as Employee: You agree that at no stage either during or subsequent to the termination of this Contract will You claim that You are or were our employee.

17.3 Acknowledgment of Advice: You acknowledge that You have had an opportunity to seek advice about this Contract and intend this arrangement to be that of independent contractor.

18. YOUR LIABILITIES as an independent contractor

18.1 Goods and Services Tax: If you are registered for GST, You will provide Us with your GST number.

18.2 Insurances: Except to the extent otherwise agreed, You will arrange and be liable for any medical and other insurances including vehicle and third party insurance.

18.3 Payment of Fines: You are responsible for the payment of any fine for failure to comply with any statute or regulation.

19. Health and Safety

You agree to comply with all of our health and safety rules, policies or procedures. In the event that You fail to comply with our health and safety rules, policies or procedures, warnings may be given to You and/or this Contract may be terminated.

20. general

20.1 Notices: All notices and other communications required under this Contract must be in writing and delivered personally or sent by facsimile transmission to the address or facsimile numbers agreed between and notified to the parties.

20.2 Force Majeure: If a party is unable to perform its obligations under this Contract by reason of riot, fire, storm, Act of God, operation of law or other cause beyond the reasonable control of that party, that party will be released from its obligations under this Contract for the period of and to the extent affected by that cause. Nothing in this section shall excuse the payment of any money due or which becomes due under this Contract where the obligation to pay arose before the occurrence of the event of force majeure.

20.3 Waiver: No waiver of any default or potential default on any one occasion will constitute a waiver of any subsequent or other default or potential default, and no single or partial exercise of any such right, power or privilege will preclude the further or full exercise thereof.

20.4 Entire Contract: This Contract constitutes the entire Contract between the parties with respect to the matters dealt with in this Contract, and supersedes all or any prior oral or written understandings, representations or commitments of any kind. This Contract may only be varied in writing signed on behalf of both parties.

20.5 Severability: Should any part of this Contract be held invalid, the remainder of this Contract will continue in force and effect as if the invalid provision had been deleted, provided however that We may negotiate a valid and enforceable provision in replacement of the invalid provision.

20.6 Governing Law: This Contract and the rights and obligations of You and Us under it and any dispute in connection with it, shall be governed by and construed in all respects in accordance with the laws of New Zealand.

21. DEFINITIONS AND INTERPRETATION

21.1 Definitions: In this Contract, unless the context indicates otherwise:

Confidential Information means any information (in any form, written, electronic or otherwise):

(a) relating to the terms of this Contract;

(b) disclosed to You by Us on the express basis that such information is confidential; or

(c) which might reasonably be expected to be confidential in nature,

provided that, where information relates exclusively to Us, nothing in this Contract will require Us to maintain confidentiality in respect of that information;

Contract means this contract, including these Standard Terms and Conditions, the Key Terms and any Schedules to this contract.

Intellectual Property means all trade marks, patents, copyright, domain names, design rights, rights in inventions, know-how, trade secrets, confidential information and all other intellectual property rights of a similar or corresponding nature relating to Us;

Policies and Procedures means our policies and procedures as provided at Schedule A of this Contract or as otherwise advised by Us from time to time;

Rules means our rules as applicable from time to time;

Selection Criteria means the selection criteria outlined in Schedule B of this Contract or any other selection criteria as advised by Us from time to time;

Sport means the sport or sports administered by Us in New Zealand;

Term means the term specified in clause 1 of the Key Terms.

21.2 Interpretation: In this Contract, unless the context indicates otherwise:

(a) Defined Expressions: expressions defined in the Key Terms and Standard Terms and Conditions of this Contract have the defined meaning throughout this Contract;

(b) Headings: section, clause and other headings are for ease of reference only and will not affect this Contract’s interpretation;

(c) Parties:

(i) references to any party include that party’s executors, administrators, successors and permitted assigns;

(ii) references to We, Us and our are references to the National Sporting Organisation;

(iii) references to You, your and yourself are references to the Official;

(d) Persons: references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;

(e) Precedence of Documents: in the event of any inconsistency between any of the following, they will have precedence in the descending order of priority set out below:

(i) the Key Terms;

(ii) the Schedules attached (if any); and

(iii) these Standard Terms and Conditions;

(f) Plural and Singular: references to the singular include the plural and vice versa;

(g) Clauses: references to clauses are to clauses in this Contract;

(h) Statutory Provisions: references to any statutory provision are to statutory provisions in force in New Zealand and include any statutory provision which amends or replaces it, and any by‑law, regulation, order, statutory instrument, determination or subordinate legislation made under it;

(i) Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done;

(j) Inclusive Expressions: the term includes or including (or any similar expression) is deemed to be followed by the words without limitation; and

(k) Documents: references to any document (however described) are references to that document as modified, novated, supplemented, varied or replaced from time to time and in any form, whether on paper or in an electronic form.

SCHEDULE A: OUR POLICIES AND PROCEDURES

SCHEDULE B: SELECTION CRITERIA

Olympus Sport Management Group

Olympus Sport Management Group

Version 2

Version 2

RISK ANALYSIS FOR A SPORT FACILITY

IMPORTANT POINTS

You have just been hired as the Facility Manager at “American Military/Public University Arena” in Charles Town, West Virginia. The arena seats 65,000 and is used as a multipurpose facility to host events in college and professional basketball, football, and hockey. This is a newly structured arena. As the Facility Manager, you have been asked to develop a Risk Analysis Plan.

1. The project must be original; that is you must be THE author of it and it must not have been used for this or any other course. NOTE: PLAGIARISM WILL NOT BE TOLERATED. Make certain you understand how to properly cite information with APA formatting and understand the ramifications if you don’t.

2. Some type of creativity is required. Photos are
required
. These must be in color and embedded in the text. If you are not certain how to “wrap the text” around the photos I suggest you learn by researching the Internet and looking up tutorials to accomplish this task.

3. The project will be evaluated for the quality of research on the topic and writing style; in the latter case this means neatness of the paper, organization, and mechanics of writing (which includes spelling).

REQUIRED FORMAT

You need to make certain that all of these are included to receive full points. Failure to include these items will result in a reduction depending on the quality.

I.
Title Page

A. Use APA format. See the attachments I have on APA format on the home announcement. It is also a good idea to purchase the latest APA manual and keep for all your studies.

II.
TABLE OF CONTENTS

A. Should be very organized and comprehensive

III.
MAIN SECTION

A.
Overview of the facility’s operation (approximately 1-2 pages)

1.
Brief description of the following:

a.
What services are provided?

b.
If more than one type of facility exists what facilities are being analyzed (i.e., parking garage)?

c.
Who are the stakeholders?

1) Type of personnel and number of spectators/participants

d.
How many clients are serviced?

e.
Personnel used for risk management

B.

Matrix
– this is the
main
part of the analysis. This section will usually include 1-2 pages of matrices the rest explaining the reduction techniques. Photos with appropriate captions are a requisite for this section (approximately 2 – 4 pages).

1.
Identify TEN (10) specific risks – these should be either risks you identified as facility manager, or those that you recognize will be there due to your knowledge gleaned from this class. Identify
both
a financial treatment
and
a reduction treatment for each risk in your matrix.

2.
Your matrix needs classify each risk: severity & frequency (high, medium, low)

3.
Use an additional matrix to decide whether to transfer or retain financial risks – indicate
how
risk will be transferred (i.e. insurance, independent contractor, indemnification clause)

4.
Use waivers. Provide at least one your facility uses. Be sure and cite where it came from.

5.
Use key words for reduction of risks (i.e. supervisory plan, inspections, in-service education plan)

6.

ANY
type of facility will have
hundreds of risks associated with it. You are required to cover only 10.

C.
Narrative regarding risk reduction procedures (approximately 3 pages).

1.
Personnel management

a.
Make sure your facility utilizes miscellaneous personnel policies such as drug testing, anti-smoking.

b.
Discuss the facility’s sexual harassment policy. Provide an example of one.

2.
Discuss the facility’s emergency procedures. These should be
general procedures for dealing with accidental bodily injuries, natural phenomena, and behavioral problems –
not
specific first aid procedures.

a.
Include a sample accident report form. Provide one that is sufficient (give cite).

3.
Discuss your crowd management plan this facility has.

D.
Compliance with the ADA (approximately 1-2 pages)

1. Complete an ADA Checklist

a.
I expect a completed checklist to be included as an Appendix.

IV.
CONCLUSION/SUMMARY (approximately 1-2 pages)

A.
Need comprehensive conclusion or summary; Not a couple of short paragraphs thrown together.

V.
REFERENCES

A.
Must be done in correct APA format

VI.
APPENDICES

A.
Any forms used, i.e. inspection checklists, participation agreements, rental agreements, lease agreements, waivers, accident report forms, ADA Checklist etc. Note: for the ADA Checklist Appendix, feel free to include a hyperlink rather than including all pages in your Analysis.

B.
The appendixes should be discussed in order; first is Appendix A; then Appendix B etc.

B. Appendices should be paginated; need a title page for each

ANALYSIS

A.
This paper will be evaluated for thoroughness in identifying risks and planning risk reduction strategies. Error on the side of providing “too much” detail rather than not enough. The final paper should be something you could actually use if you were out in the real world. This is supposed to be a Risk
Analysis, NOT a report about Risk
Management
OR a report about a sport facility. Make
certain
you understand the difference!

1) Ec Part I.

 

Canarsie, Brooklyn is a neighborhood located in the southeast portion of Brooklyn, New York.   Named after the Canarsee tribe of Native Americans who inhabited the area before the Dutch settlement of the area in the 1600s.   Located on 86th Street, Our Lady of the Red Rose Catholic Church, a small Roman Catholic church,  runs a little league baseball league.  While many of the participants of the league are students of Our Lady of the Red Rose Catholic School, other youth participants of the little league do not attend the school.  David is a father of one of the participants of the league. Before the start of the most recent season, David volunteered to serve as a coach for one of the teams.   Rather than creating a unique logo and uniform for his team, he decided that it would be a good idea to name the team he coached the “Canarsie Indians.”  David hastily decided to use the logo and the home uniforms used by the Cleveland Indians that featured the word “Indians” printed on the chest of the shirt and a logo on the baseball cap featuring a caricature of a Native American.   Most of the youth players aged between ten and twelve years old expressed their pleasure at the choice of the uniforms and caps.  However, one of the parents, who practices law in Manhattan, took offense at the choice of uniforms and caps and took it upon himself to write the Cleveland Indians, the local newspaper, and to a local law firm that practices discrimination law with pictures of the children in the uniforms and wearing caps.  Upon receipt of these letters, the school receives a cease and desist letter from the Cleveland Indians, alleging that the use of the team’s logo and uniforms without prior approval constituted trademark infringement.   After that, a local attorney, who practices discrimination law, writes the school a letter stating that the use of the logo on the cap featuring a caricature of a Native American highly offended him, and he demands that school stop using the logo immediately.   Upon receiving these letters, the principal of Our Lady of the Red Rose Catholic asks David to resign as a volunteer coach. 

Discuss the legal issues raised by this fact pattern. Specifically, focus on any trademark infringement claim that the Cleveland Indians may have against David and the school.  Also, explore any defenses that the school and David may raise in their defense.  

Part II.   

In our readings, we explored various challenges to the practices of a professional sports league that have been the subject of anti-trust litigation.  Provide an example of a practice of a professional sports league that has been challenged using the anti-trust laws. 

2) What is your opinion of the effect that salary caps have had on professional sport? Outside research is welcomed as are your opinions on the subject.

3) Assignment Instructions

Brief the case University of Texas at Arlington v. Williams, 459 S.W. 3d 48 (Tex. 2015)  found in the Resources section of the class and attached to this Assignment and labeled as “Williamscase x” 

Please remember to you the approved case brief format that includes the following parts: (1) Facts, (2) Procedural History, (3) Issues Statements, (4) Holdings, (5) Reasoning, and (6) Decision.  

Case briefs are used to highlight the key information contained within a case for use within the legal community as court cases can be quite lengthy.

When writing case briefs, all information must be properly cited.  Make sure you are not copying and pasting from your source. Most of the material should be paraphrased; quotations should make up no more than 10%  of the brief.  Note: since the purpose to is highlight and summarize key information, merely copying and pasting from the case does not accomplish this goal. You must summarize the facts in your own words, using quotations sparingly.

 
 

4) Please take a look at the three handouts that I have attached here.  

 

The one handout outlines how to brief a case with a detailed explanation of each part of the case brief. Another handout outlines how I will be grading these case briefs.  The third handout provides an example of a properly done case brief.  If you would like to read the case briefed in the model case, please find the case on Lexis at Delanhanty v. Hickley, 564 A.2d 758 (D.C. 1989).   

Legal case names should be done in standard “Blue Book” format. Example:
York v. Smith, 65 U.S. 294 (1995). For further information see http://www.law.cornell.edu/citation and look under the “How to Cite” section. Bluebook citation information is also found in the course materials and announcement sections of the class. 

Your brief should be 2 pages in length and in the approved format.  

Remember that if you need any help with this case brief that I am here to help. 
 

 
 

Supporting Materials

·  

CaseBriefI-Rubric

 (49 KB)

·  

howtobrief

 (167 KB)

·  

williamscase x

 (52 KB)

·  ModelCasebriefDelahanty (1)  (70 KB)

5) What are the elements of a claim for trademark infringement? Please also provide an example of trademark infringement. YOUR RESPONSE MUST BE AT LEAST 350 WORDS MINIMUM.

6) Does a school need to satisfy each part of the three-part test to be in compliance with Title IX? Explain your answer. YOUR RESPONSE MUST BE AT LEAST 350 WORDS MINIMUM. PLEASE INCORPORATE CASES FROM OUR TEXTBOOK AND DISCUSSIONS IN YOUR ANSWER.

7) Provide an example of a sports league rule that has become the subject anti-trust litigation because of accusations that the rules are or were too restrictive.
Your answer to this short answer must be at least 150 words and should incorporate examples from our textbook.

8) Create your own fact pattern to illustrate an example of a violation of the First Amendment in the public school setting. Please avoid the school prayer examples that we discussed in the forums.
Just remember, a fact pattern is a made-up story that illustrates a legal issue without actually discussing the legal rules raised by the fact pattern created. Your answer to this short answer must be at least 150 words.

9) Please read the attached article. After you read the article, please summarize the author’s thesis and state whether you agree or disagree with the author’s argument. 
Your answer should be no more than 500 words. 

14_DePaul_Bus._&_Comm._L.J._111,_ (1) x     45 KB

10) Fully explain the potential liable partners and their respective potential liability for the following facts: 
A junior high baseball player aged 14 is warming up in the batter’s box while standing next to another player doing the same. The two are acting against school policy but at the direction of their coach. 
While one is watching the pitcher the other bends down to tie his shoe. The one watching the pitcher takes a full swing as the other is standing up. The bat connects with the rising players head, shatters his batting helmet and injures him. 
YOUR RESPONSE MUST BE AT LEAST 350 WORDS MINIMUM. 
Please remember to list your references in Bluebook format.

11) Explain fully the types of authority that a principal can convey to an agent. Please provide examples of each type of authority. YOUR RESPONSE MUST BE AT LEAST 350 WORDS MINIMUM. 
Please list your references in Bluebook format.

12) Please create a fact pattern that illustrates an example of a potential hostile work environment based on sex.
A fact pattern is a made up story that illustrates a legal concept.
Your answer to this question should be at least 250 words.

13) Describe the difference between the business necessity defense and the bona fide occupational qualification (BFOQ) defense. Provide an example of each type of defense.
Your response to this question should be at least 250 words.

14) Please read the attached law review article. After reading the law review article, please summarize the article’s thesis and discuss whether you agree with the article’s thesis.
Your answer should be no more than 500 words long.

68_Ala._L._Rev._551,_ (1) x     64 KB

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