RENTAL Manual 2010 Engl. - Tyrolia

76 | Rental Helmets
If you have questions about whether the agreement you
use is legal and provides maximum protection in your
state or province, you should seek advice from qualified
legal counsel. If you have questions about whether your
agreement complies with the requirements of HEAD, send
it to HEAD for review and approval.
Some shops may prefer to use one rental agreement form
for all equipment, e.g., skis, snowboards and helmets.
This is acceptable, but only if the rental agreement includes
all of the appropriate warnings and risk statements for
helmets. A combined form which is acceptable to HEAD is
included with this manual.
Accidents and Injuries
Talking with Your Customers
Accidents and injuries are inherent in skiing and snowboarding.
Protective headgear can help to protect against
some head injuries, but skiing and snowboarding can expose
people to forces which exceed the limits of protection
offered by a helmet, and helmets do not guard against injury
to the neck, spine, face or any other part of the body.
When an injury has been reported or if a customer, friend
or family member makes comments about a legal claim or
suit, it is important to observe, listen and gather information.
When speaking with an injured person, their family or
friends, be polite and compassionate, but do not apologize;
do not get involved in a confrontation; do not get involved
in discussions of blame, fault, indemnity, or “who will pay.”
If there is a legal claim or suit, the lawyers and claims adjusters
will address these issues after they have completed
their investigation and analysis. Well-intentioned statements
made without full knowledge of all pertinent facts and
legal issues can lead to misunderstandings, and must be
avoided.
If someone asks questions about topics such as lawsuits,
blame, fault, whether a product is defective, payment for
medical bills or other legal issues, it is best to say something
like “All I can do right now is gather information.
I am not authorized to speak about accidents, liability or
legal claims, but if there is anything you’d like me to pass
along, I will do that.” Remember that nothing is “off the
record,” and if someone persists in trying to draw you into
discussions of these topics, it is best to end the conversation
politely and report the circumstance immediately to
HEAD as a potential claim.
Post-Accident Inspection and Report
If an injury has been reported involving a HEAD helmet, no
matter how insignificant it may sound at the time, every
effort should be made to get the helmet back, inspect it,
and hold it intact for possible use as evidence in a claim
or lawsuit. Do not return the helmet to inventory or allow
others to do anything with it. As soon as possible, start
filling out a HEAD Protection Post-Accident Helmet Inspection
Report. Complete the report accurately, sticking just
to the facts and without any editorial comment. Do not
guess or speculate. If some of the information called for in
the report is not known or unavailable, just state "not
known" or "not available" and finish the report with the
information available.
Responding to Claims or Lawsuits
Notify HEAD and your insurer immediately upon receipt of
any lawsuit, lawyer’s letter or other written complaint, claim
or request for compensation. You must provide a copy of
the claim notice (including any letters or legal papers),
a copy of the Post-Accident Helmet Inspection Form, and
copies of the Rental Agreement, Helmet Inventory Log, certification
records for involved employees and other written
materials pertaining to the claim. If you still have the helmet
and it has not already been set aside, find it immediately
and keep it in a safe place. Do not get involved in giving
statements or discussing anything about the case until you
have spoken with HEAD and with your insurer. Lawsuits
are serious business, and you should leave all legal issues
to the lawyers.
Indemnity for HEAD
Protection Rentals
If you are a current Head Authorized Retailer who has been
authorized by HEAD to rent or demo (as opposed to sell),
HEAD helmets, you are entitled to participate in HEAD's
offer of conditional contractual indemnity as stated in
the current HEAD USA INC. or HEAD CANADA INC.
Authorized Retailer Agreement and this HEAD Rental
Helmet Manual. In order to take advantage of this offer,
you must do the following:
• Have a current (2010-201 1) Authorized Retailer Agreement
on file with HEAD that authorizes you as a HEAD
Protection Rental-Demo Authorized Retailer and remain
in compliance with its terms;
• Comply with all requirements of this HEAD Rental Helmet
Manual, including all recordkeeping and employee training
requirements; and
• Use only helmet models that are currently authorized by
HEAD for rental-demo purposes; for 2010-201 1 the following
models are the only models authorized for rental
demo:
327106 Rental SR Chrome
327506 Rental JR Orange
329109 Rental PRO SR
329509 Rental PRO JR
Remember, it is the HEAD Rental Dealer’s obligation to get
their employees trained and certified, and to maintain strict
compliance with the HEAD USA INC. or HEAD CANADA INC.
Authorized Retailer Agreement and this HEAD Rental
Helmet Manual. In order to be certified, employees must
read and become familiar with this HEAD Rental Helmet
Manual as part of their training; the HEAD Rental Dealer
must return a properly completed Employee Training
Documentation Form to HEAD for each employee. A rental
agreement that lacks the signature of a certified employee
does not comply with the conditions for indemnity.
Keep your rental agreements, inventory logs and post
accident inspection reports, as well as any helmets and
parts involved in incidents for which you have prepared
a post-accident inspection report, for at least five years
from the date of the transaction or one year past the
statute of limitations for negligence and product liability
actions in your state or province, whichever is longer.
There is absolutely no indemnity of any kind for any sale
or gift of a used helmet, other than a helmet that has been
rented exclusively to a single customer, in which case, the
HEAD Authorized Retailer may sell that helmet to the same
rental customer so long as the helmet is undamaged and
is provided to the customer with all labels, liners, straps
and other original components as provided by HEAD.
HEAD USA INC.
Shore Pointe, 1 Selleck Street
Norwalk, CT 06855
USA
Phone: 800-874-3235
203-855-8666
Fax: 203-855-5719
www.ridehead.com
HEAD CANADA INC.
P.O. Box 3620, Station Main
Guelph, Ontario N1H 7H1
Canada
Phone: 800-265-7257
519-822-1576
Fax. 519-822-2202
www.ridehead.com