Sport Law Study Guide

Open and Obvious the organization may be exempt from the litigation if this policy
applies ex: mascot distracts a fan, fan gets injured as long as you can provide some
sort of safe area you are ok
Limited Duty- the owner cannot install safety net throughout the entire stadium, not
needed, but you need to install something to keep fans safe. Basically there is only so
much you can do for a person who is not paying attention. You are not liable
because in that it is the spectators fault for not paying attention.
What is the purpose of recreational use statutes?
- confer immunity upon landowners in certain situations
- designed to encourage landowners to open property to public
Compare and contrast the concepts of actual notice and constructive notice:
Actual: this is when you become aware of dangers through inspection. They
are known to you ex: defective joint in gym machine equipment
Cosntructive: This is when you cant see it during an inspection but should
know its going to happen ex: not refurbishing basketball court it will ware over
time and people could slip
Negligence- show where elements are met or not
Exculpatory agreement: tort law mets contract law ?? research..
Wavier / release:
- Context (contract law)
- Minority Public Policy (meeting on campus to rob a bank)
- Unfair Dominance (unfair bargaining power)
Should student-athlete minors have to sign a waiver? Yes:
1) you can use this document as secondary legal or supporting document in
court- what you did to protect minor
Context of waviers: public policy
- public policy
o contract to commit a crime?
Content of Waivers
- Terms must be conspicuous, clear detailed and specific
- Cannot give up more than negligence (we can sue for more than
negligent)
Conspicuousness pertains to the concept that waiver language must be called to the
attention of the reader. The language must be easily spotted. This can be done by

using capital letters, by making sections of the document in bold print, by using
larger typefaces, and by putting the waiver clause in a part of the document that the
reader will easily see.
In your role as a manager:
Exculpatory agreements:
- consult attorney
- exculpatory clauses should be conspicuous, clear and unambiguous
- Do not use group release forms
- Instruct employees to give adequate time to read and never say the
waiver is meaningless or just policy
public Interest
Community Benefits
essential services
- Education
- Medical service
Agreements to Participate
Informs participant of risks of activity
1) nature of activity
2) expectations of participant
3) conditions of participant
Nature of activity: 3 purposes
1) Let participant know you are doing whatever you can to communicate
necessary and important information about a program
2) Dissemination of risk information serves to ensure that the participant
cannot bring a suit against you for failure to warn
3) Strengten your ability to use the affirmative defense of primary assumption
of risk since the participant is voluntarily encountering the inherent risks of
the activity with knowledge and understanding of those risks
Expectations of the Participants
- Share your expectations for the participants behavior. Since the
participant knew what is reasonable behavior and deviated from that, the
participant failed to act as a reasonably prudent participant
Conditions of the participant
- Ask the participant to state that he or she has the appropriate skill level
to participate and that he or she is in proper medical condition to engage
in the activity. If the participant mispresents this information, this may be
viewed as unreasonable behavior leading to the participants own injry
exculpatory clauses

Participary, spectator,

Fundamental aspects of a Contract

-

Agreement
o Offer
o Acceptance
o Counteroffer
Consideration
o Capacity
o Legality

Contract Damages for Breach of Contract

1. Compensatory damages
a. Monteary damages at fair market value
b. Mitigation Principle : game reasonable efforts to lessen the
consequences of a breach
2. Specific performance
a. Only for unique goods or circumstances
b. Human resources vs land
3. Liquidated damages provision
4. Rescission and Restitution
a. Rescission: voiding the contract when fraud, duress, mistake or
misrepresentation has taken
5. Promissory Estoppel
a. A quasi-contractual remedy
b. Three elements:
i. A promise is made should be reasonably expected to induce
reliance
ii. There is reliance upon that promise
iii. Some detriment occurs to the party that relied upon the
promise
Employment Contract Provisions
- Duties and responsibilities
- Compensation
- Terms of employment
- Clatuses related to termination
- Restrictive covenant/covenant not to compete
- Miscellaneous provisions
Breach of of contract with cause
Breach of contract without cause
Length of conract
Duties/responsibilities

Liquidated Damages
Restrictive Covenant
Reassignment
Oral contracts
- generally speaking they are enforceable
- These need to be in writing
o agreements for the sale of land or an interest in land
o over $500
o Contracts cannot be performed within one year of the formation of the
contract
Hey Guys!
This is definitely a longer email this week since it made most sense to split it up person
by person. You do not need to read the whole thing, just the Everyone section, and
whatever is under your name. You guys are KILLING IT!!!! I know this is a bigger time
commitment season, but once we get past Kraziness we shall celebrate! Let's ZagUp and
do it big!

Everyone:
Updates:
- **We are not selling Zag Nation memberships during Kraziness due to Ca$hnets
incompetencehowever we WILL be marketing it as a Pick Up so well be pushing
the link hard this week**
- Hold off on marketing Uber deal for social club for now. Some administration
contacted me about the legal aspect of it so I am working with them to get their
concerns satisfied.
- New Silent Night Committee: Cait, Greg, Maddie, Matt C , Claire and Kylie will be our
new Silent Night Committee: first action item is to get together asap and start creating a
proposal to give to athletic. If I could attend your first meeting that would be
great, but Cait will run point on it.
- We will be doing 1 on 1s after Kraziness is done

Priority Projects:
- Thaynes gift (Sharon you will be running point on this)
- Create Zag Nation AND general Kennel handout for Kraziness (Collin you will be
running point on this)
- Website to launch so we can direct them here for the Zag Nation cashnet link
- Advertise Student Focus group on Tuesday from 7-830 pm in Jepson 018 FREE KRISPY
KREMES (Matt will be running point on this and everyone else please talk it up with
your friends)

Time committments:
- No meeting next Monday 10.20 (unless you want to! Cait, I will leave you to decide
on this), but we will meet on Wednesday 10.22 from 8:45-10 to finalize our Kraziness
schedule
- Tuesday 10.21 we are having our student focus group from 7-8:30 in Jepson 018.
Let's talk it up with our friends and Matt if you could start advertising this every day that
would be great! Please come prepared to take notes on our peers comments! Cait,
Connor and I will lead this meeting.
Ally
- I sent Maddie a link to The Girl Effect that Nike is doing and asked her to brainstorm
on it a little then set up a meeting with you to develop
- Think of a little spiel you can do during Kraziness (30 seconds or less for Kennel Cares)
Kylie
- Make sure those Krispy Kremes get to campus for the focus group on Tuesday nomzz
- This weekend, please write in as many classrooms as possible Want your cheers in the
Kennel? Kennel Club Student Forum Tuesday 10.21 7-830 Jepson 018!
- Besides that, let's just make sure we get the Kennel Cares items checked off so we can
begin to pull you off Kennel Cares and onto other events YAHOO
Maddie
- The University contacted me with some liability issues concerning Uber. I just asked
that they write out their concerns so you and I can sit down and research them. So
when I get that email we can meet and figure them out!
- Keep researching that Nike link I sent you and set up a meeting with Ally this week to
discuss it, I think it could turn into something really cool!
- Would you be able to find a time / place that works for the first Silent Night committee
meeting?
Collin
- Send the final Thank You draft to Sharon she can take care of ordering
- Priority: We are going to launch the website with the Zag Nation tier, so they can
get familiar with it as they access the cashnet link. Realistically can we have a
working website up this weekend? Doesnt need to include the media piece
- ^ This is the priority, so if you dont have time to do the Kennel flier / Zag Nation
flier let me know
- Just communicate with me this weekend on where we are with everything so I can
know if we need to delegate the fliers to someone else. Well need to hand those
during Kraziness so let me know
- Awesome work on everything Collin, wed seriously be lost without you
Laura

- Research the golden tent concept this weekend and get back to me with some
different designs and price options
- A big one for us is to figure out exactly how much student inventory we have so we
can figure out how much more to order before our senior event. That is definitely a
priority, so if you would be able to do this maybe with Sharon or Connor and let us
know exactly how many of each size we have, then well know how many to order
- Narrow down the digital inventory app choices down to three or so and present
those to Connor, once you figure out what youd like to go with, you two set a date to
do inventory organization and well get the board to help!
Sharon
- One Collin send you the Thank You image, lets order 4 x 6 folding thank you notes
(enough for the year), and larger like 8 x 10 pictures that we can give to the
Trustees and Regents when they come in for their meetings and include in the
ESPN analyst box
- Thayne Package: this will include a Thayne Big Head (Matt R is working on this)
one of the 8 x 10 pictures framed with a matte signed by the board, a ZagUp long
sleeve, a student shirt, a written thank you note (I can write it), ZagUp socks and a
Zag Nation shirt. Size: Large Deadline: this week if possible! This is huge Sharon,
thank you so much!
- If you can figure out which software the restaurant you worked at used for
inventory and get that to laura that would be awesome
Matt Risso
- Please organize a time for the board to cut out and glue big heads before Kraziness
- Also, Sharon is assembling a pack to get to Thayne by this week so lets make sure
we have a Thayne Big Head to be able to put in that!
- Finally, lets get a meeting set up with Dr. J for Tent city. I spoke with athletics and
well need to edit the strike system a little but it wont be that different just no
banning from actual basketball games. Let me know when you have a date set up,
and lets have you me Daniel and Cait meet before to go over it. Awesome work!
Daniel
- A really big project for us is to make sure we get transportation for students from
campus to the Arena game. I would like to you to run point on this project. Start
researching how much this would cost us, where we could get transportation, if
GAB (Gonzaga Activities Board) would work with us on doing this (which would
be nice because then they could provide funding)
- Id love to get a quote of how much your professor thinks we could spend on the
tent city video to get a high quality production. Could you talk to him this week
and let me know what he thinks? Thanks!
Matt Clark
- Weve got a couple things that we really need to push this week/weekend: 1) the
student forum on Tuesday 7-830 pm Jepson 018 free Krispy Kremes 2) the Zag
Nation membership cashnet link / link through our website. Please also market that

there will be a pick up at Kraziness in the Kennel, but if you cant be there, it will be
shipped to you. Push these 2 messages every day because its pretty important that
we get them out lets create a graphic to market each of them the Zag Nation one
outlining the perks of the membership in its graphic. Awesome work this week Matt!
Greg
- Since we are just doing a pick up session for Zag Nation we need to get it out as
much as possible to buy before Kraziness lets work with Alumni to do this
maybe they can send out an email?
- Hold off on marketing Uber as part of the social club package were having a little
legal trouble with the University
Jacqueline
- If you could check in with Collin this week on how hes doing with the fliers that
would be great since he is really trying to focus on the website part. Ideally wed
have a general kennel club flier, and a zag Nation flier to be able to hand out with
the shirts
- Pennies look SICKKKKKKkeep working with Stoes on this Im going to get
through Kraziness then I can start meeting with you guys about the senior event
Maggie
- If you could team up with Greg to help push the Zag Nation tier hard this week that
would be great make sure the messages are clear in explaining if they cant pick it
up at Kraziness, we will still be mailing it
- Collin / Jacqueline are making a flier to hand out with the Zag Nation tier if you
could just work with them to ensure that gets done and that the messages are
accurate that would be great!
Claire
- Do you have the freshman email password yet? If not, contact Keaton Leander who
was the freshman rep last year to get that
- We put the order in for your jacket, and you are now on the silent night
committee!
Connor
- Lets figure out if we can see the shirt size on the cashnet statement release
- Kennel crew is having their first meeting right after the student forum on Tuesday
if you would like to come they will be narrowing down the cheers to present to us
8:30 10 in Jepson
Cait
- Kennel Crew is going to meet after the student forum on Tuesday from 8:30 10
we have decided that it would be best if the two of us were there
- Im having Maddie set up a time for the first Silent Night meeting if you could
prepare an agenda for that that would be awesome
- Lets start brainstorming a date and activity for the board bonding event

Joey
- Lets make sure EVERY SINGLE KRISPY KREME is present when they arrive
- Could you work with the Banner people to try and get Connor access to the
budget?
- I have been contacting Joe Madsen several times to get a list of his Uber concerns
but havent gotten a response maybe you could put a call in on Monday? Might
be beneficial to meet with him and Steve Lundeen