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Technical Manual - Tyrolia

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74 / RISK MANAGEMENT<br />

RISK MANAGEMENT<br />

Indemnification, Insurance, and your liabilities.<br />

Indemnification<br />

Indemnification simply means that some one<br />

agrees to reimburse you for certain costs. In the<br />

ski industry it normally means that provided you<br />

fully follow the manufacturer’s requirements and<br />

install and adjust the binding system correctly, the<br />

manufacturer or distributor will provide a defense<br />

and pay any judgment which may be entered<br />

against you if you are the subject of a claim or suit<br />

by a customer who claims to have suffered bodily<br />

injury as a result of using certain equipment.<br />

The key here is you must be able to prove that<br />

you did your job properly in order to qualify. If<br />

you do not, you will not be entitled to a defense<br />

or indemnification in the event of a claim.<br />

Your personal Liability<br />

It’s simple: If you make a mistake which causes<br />

harm to another, you can be held liable for it.<br />

Be very careful not to make verbal warranties<br />

that extend beyond those made by TYROLIA.<br />

Read the manufacturer’s literature and warranties<br />

carefully. If a feature or benefit is not mentioned<br />

there, don’t mention it to the customer.<br />

Shop Liability Insurance<br />

No indemnification program is a substitute for<br />

liability insurance.<br />

Common sense dictates that you should have an<br />

insurance policy that covers your shop and employees<br />

for commercial general liability and completed<br />

operations. Check with your insurance<br />

broker.<br />

Shop Procedures To Reduce<br />

Legal Exposure<br />

Risk Management has become a very important<br />

area in virtually every industry. In today’s world it<br />

is more important than ever to do as much as<br />

possible to recognize how and where we might<br />

be exposing ourselves to a potentially serious<br />

problem.<br />

TYROLIA has been the leader in molding valuable<br />

risk management concepts into a program that<br />

virtually the entire ski industry follows today.<br />

TYROLIA has defined proper shop practices and<br />

how shop personnel and customers need to<br />

interact in order to maximize skiing enjoyment<br />

while lowering the risks of liability.<br />

If these procedures are followed properly, both<br />

the skier and the industry are well served. In the<br />

event of a mishap, the programs documentation<br />

and record keeping system will provide strong<br />

evidence of work performed.<br />

▲<br />

CONTENTS<br />

Your Obligations under the<br />

TYROLIA Retailer Indemnity<br />

Program<br />

Selecting equipment for your customer.<br />

• Make sure the products are suitable for the<br />

skiers height, weight, ability, shoe size and level<br />

of ability.<br />

• Always make sure your recommendations are<br />

consistent with the manufacturer’s.<br />

Binding selection<br />

Generally, the idea that top of the line products<br />

offer the greatest margins for safety as well as<br />

performance and durability is correct – provided<br />

the skier fits the weight range of the product.<br />

Combine this knowledge with our weight and<br />

ability recommendations for the skier when<br />

selecting a binding. Avoid selling a product with<br />

the idea that the customer will grow into it. If a<br />

product is not suitable for their current requirements<br />

make another choice.<br />

Avoid the temptation to do the customer a favor<br />

by re-writing the rules. More often than not, all<br />

you will do is cause problems.<br />

At the time of delivery to the customer, the bindings<br />

must be accompanied by all the informational<br />

materials supplied by the manufacturer,<br />

i. e., pamphlets, forms, etc.<br />

The product must be fully demonstrated to either<br />

the intended user or their parent or legal guardian<br />

if the child is a minor.<br />

This includes instructions on inspecting the low<br />

friction surfaces, cleaning the boot sole,entry of<br />

the binding, re-entry after releasing on the hill and<br />

exiting the system.<br />

You must also explain what care and maintenance<br />

the skier is responsible for, as well as when to<br />

return the equipment to your shop for a thorough<br />

function check. Routine maintenance it is the<br />

most cost effective thing a skier can do to protect<br />

their well being.<br />

Boot selection<br />

Make sure the customer’s boot choice is consistent<br />

with their level of skiing and that the boots<br />

meet all current DIN or ISO standards.<br />

Ski selection<br />

Take care to ensure that the skier’s intended use<br />

of the chosen equipment is consistent with the<br />

manufacturer's recommendation for the skier's<br />

weight and level of skiing. This is another area<br />

where regular maintenance is critical. It is only<br />

logical that skis which help keep your customer<br />

upright reduce their overall chance of injury.<br />

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