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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 />
▲