Evaluation. Heightened attention must be given to a participant’s qualifications, including height, weight, and maturity of judgment as they move among the elements. Are they clipping onto the proper cables? Are they prepared for the upcoming platform? Where is the accompanying adult? THE BOTTOM LINE The essential nature, and significant values, of self-guided parks and tours require new and enlarged risk manage- ment strategies for the operator and participants. Operators who comply with the applicable industry standards and follow the advice of experts, train their staff, and inform their partic - ipants accordingly, can reasonably expect to meet the legal duties of care owed to the people they serve, and will spend their days at the park and not in the courthouse. Reb Gregg is a Houston-based attorney specializing in legal issues of outdoor adventure programming.
(E.g., Strategy A: “The monitor can phys - ically intervene to ensure proper use of the System”; or C: “the monitor can communicate verbally”; or D: “the mon - itor can hear and properly respond to a call for assistance and provide that as- sistance.”) Finally, minimum supervision strategies are described, setting out, in graph form, the strategy appropriate for various age groups, depending on the safety systems in use. SUPERVISING THE PARTICIPANTS Risk management strategies of a reasonable operator must also ad- dress the unique needs of self-guided participants, who will navigate their way through the activity without the degree of staff supervision and intervention ex - pected in the traditional course or tour. There are several strategies to consider. Education. Aspects of the experience that a participant might not reasonably anticipate—the indirect-only involvement of staff, for example—must be promi - nent in descriptive materials and in the
orientation, and reinforced by signage. The park’s release or visitor agreement must be explicit regarding the special characteristics of the self-guided tour. The law does not favor the assumption of, or release of, claims arising from con- ditions that a participant cannot reason- ably have known or anticipated. Instruction. Participants must under- stand the course and their responsi- bilities for managing its risks, including proper use of gear and the hazards of unsupervised adjustments or removal, the use of safety systems, and a reliable means of calling for help. Orientation. Preparation of participants begins most importantly with an on-site orientation, during which critical aspects of the course, activities and equipment are discussed. The orientation must be serious in tone, not rushed, and provide ample opportunities for questions. The orientation must be conducted in such a manner that the visitor cannot reasonably claim that they were not given a vital piece of information and an opportunity to ask questions.
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