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The Climbing Wall Association's blog is a place for indoor climbing professionals to find useful and relevant information from industry and business experts. Stay on top of best practices, thought leadership, and trends by subscribing to Thrive - A Climbing Business Blog! www.climbingwallindustry.org/lines

 

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Top tags: operations  leadership  management  staff training  community development  company culture  customer experience  customer service  risk management  human resources  marketing  programming  coronavirus  COVID-19  employee engagement  customer satisfaction  member retention  routesetting management  climbing culture  member communications  routesetting  staff retention  standards  youth team  youth training  coaching  member acquisition  OSHA  certifications  employee turnover 

Uniting to Face the Challenges Ahead

Posted By Laura Allured, Friday, April 17, 2020
Membership Assistance Program

We recognize that every indoor climbing business will encounter financial hardship over the coming year, so we are excited to announce the launch of our Membership Assistance Program: one free year of CWA membership for every climbing business in the world.

 

To help ease your financial burden, we’re giving you one less expense to worry about by providing uninterrupted access to our membership resources. The CWA is doing everything we can to support the industry during the current closures and to prepare for the reopening and rebuilding process.

 

What is the CWA’s Coronavirus Action Plan?

  • Coronavirus Resource Hub: We’ve created a centralized hub to address issues and challenges specific to the indoor climbing industry.
  • CWA Community Calls: Ask questions, share ideas, and get actionable advice from experts on our twice-weekly calls. Sign up now if you have not already!
  • Timely Articles: We're regularly publishing articles with guidance, best practices, and information on the most time-sensitive issues facing the industry.
  • Advocacy: We're building a coalition of small business associations and member organizations to advocate for our industry's inclusion in economic relief legislation.
  • Public Policy: We're coordinating industry volunteers with high-level experience to research, communicate, and shape public policy.
  • Lobbying: We're actively lobbying and making connections with state and national legislators.
  • Research: We’re convening industry experts and researchers to guide the creation of post-coronavirus operational and hygiene procedures.
  • Guidance: We’re developing guidance and best practices around reopening and rebuilding your business.

Just like you, our team is focused on finding creative and effective ways to get through this situation. We’re collaborating with industry professionals, thought leaders, and organizations from around the world to form a united front as we recover.

 

Through the Membership Assistance Program, we’re removing all barriers to membership in order to preserve the strongest possible community of indoor climbing businesses. Join us on the journey back to thriving operations!

 

When you’re ready to join, follow these simple steps:

  1. Pick your username.
  2. Enter your contact and member information.
  3. On the Membership Dues screen, enter the number of additional locations you have.
  4. Enter the promo code MembershipAssist if you’d like to take advantage of a free membership.
  5. Verify your billing details and click “Submit”.
  6. Make any partial payments or contributions you wish to our COVID-19 fund.

 

JOIN THE CWA

 

We look forward to welcoming you to our community, because together we’re stronger. If you need assistance accessing your free membership or if you have any questions, please email us at membershipassistance@climbingwallindustry.org.

 

The Membership Assistance Program could not be possible without the generous support of our sponsors. These companies have chosen to support the indoor climbing industry despite the challenges that we all face. Check them out and show them some love!

 

Membership Assistance Program Sponsors

Summit Level Sponsors



Lead Sponsors



Top Rope Sponsors



Anchor Sponsors



Sender Sponsors



Basecamp Sponsors


Tags:  coronavirus  COVID-19  member spotlight  public policy 

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The Impact of H.R. 6201 “Families First Coronavirus Response Act” on Indoor Climbing Gyms

Posted By Garnet Moore, Friday, March 20, 2020
Families First Coronavirus Response Act

On March 18th Congress passed the Coronavirus Response Act. In this bill there is assistance for you and your employees. Here’s a brief overview of some of the key laws that you will need to pay attention to.

 

Emergency Paid Sick Leave Act

  • If you have fewer than 500 employees, you must now provide 2 weeks of paid sick leave.
    • If your employee has been advised to self-quarantine, is experiencing symptoms, or is subject to an isolation order, you must pay sick leave at the regular rate.
    • If they are caring for someone who has been advised to self-quarantine, is experiencing symptoms, or is subject to an isolation order, or if they are caring for a child whose school or care provider has been closed, you must pay sick leave at two-thirds the regular rate.
  • Full time workers are eligible for up to 80 hours of sick leave and part-time workers are eligible for sick leave based on their normal work hours over a two-week period.
  • If you have less than 50 employees, the Department of Labor may exempt businesses from this requirement if it threatens the viability of the business.
  • Employees must have been employed for 30 days to be eligible for this benefit.
  • If you have an existing paid leave policy, you must also provide this emergency paid sick leave.
  • You could be subject to civil penalties if you violate this law.

Tax Credits for Required Paid Sick Leave

  • You will receive a refundable payroll tax credit equal to 100% of qualified paid sick leave wages for each quarter.
    • This credit is claimed on your quarterly employment tax returns. To assist with cash flow, employers can fund the family leave pay by accessing employment taxes that have been withheld and set aside for deposit with the IRS.
    • The credit is capped at $511 per day for employees personally affected, and at $200 per day for employees who are caring for others.
  • If you are self-employed and you are diagnosed or have to comply with an isolation recommendation you are able to claim up to 100% of the qualified sick leave equivalent, if you are self-employed and you are caring for someone you can claim up to 67% of the sick leave amount.
    • The credit is refundable and will be credited against your income and self-employment taxes.
    • The credit is capped at $511 per day or the average daily self-employment income for the tax year.
    • You must retain documentation to establish eligibility for the credit.

Emergency Family and Medical Leave (FMLA) Expansion Act

  • If you have fewer than 500 employees your employees who have been working for at least 30 days are entitled to take up to 12 weeks of job-protected leave under the FMLA if they are caring for a child whose school or care provider has closed.
    • The first 10 days of this leave can be unpaid, but an employee could choose to use vacation, personal leave, or any other paid time off available.
    • After the first 10 days employers must provide two-thirds the normal pay rate.
  • Family leave pay is capped at $200 per day and $10,000 in total and is limited to 12 weeks in one calendar year.
  • If you have less than 50 employees the Department of Labor may exempt businesses from this requirement if it threatens the viability of the business.

Tax Credits for Required Paid Family Leave

  • You will receive a refundable payroll tax credit equal to 100% of qualified family leave wages paid.
    • This credit is claimed on your quarterly employment tax returns. To assist with cash flow, employers can fund the family leave pay by accessing employment taxes that have been withheld and set aside for deposit with the IRS.
    • The credit is capped at $200 per day and $10,000 dollars per calendar quarter.
    • The credit is triggered only after an employee has taken more than 10 days of paid sick leave.
  • If you are self-employed and you are caring for a child whose school or care provider has closed, then you are eligible for a tax credit equal to 100% of the qualified family leave equivalent.
    • The credit is refundable and will be credited against your income and self-employment taxes and it can be refundable against an employer’s payroll taxes.
    • The credit is capped at $200 per day or the average daily self-employment income for the tax year and is capped at 50 days.
    • You must retain documentation to establish eligibility for the credit.

 

Garnet Moore Head ShotAbout the Author

Garnet Moore is the Director of Operations at the Climbing Wall Association. Garnet brings more than a decade of experience in the climbing industry, including his time as the COO at Brewer's Ledge.

 

Tags:  coronavirus  COVID-19  human resources  leadership  management  public policy  regulations 

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CWA’s Public Policy Agenda: Protecting Our Sport

Posted By Robert Angell, Monday, February 17, 2020
Climbing Gym Regulations

If you are a gym owner or operator, chances are you have been approached by a representative of a government agency in your state at one time or another, and informed that the agency has begun, or is about to begin, a licensing and inspection scheme involving your operation. This article will walk you through the CWA’s stance on regulatory issues and how those issues can impact climbing wall operators like you.

 

Through its public policy agenda, the CWA works to prevent inappropriate licensing and inspection schemes that drive up costs for you and your members and may increase your members’ risk of injury.

 

The CWA’s public policy agenda includes the following policy statements:

 

The CWA’s public policy agenda involves educating our members on policy matters that may have an impact on their programs and businesses; promoting positive regulatory and business conditions for the industry; and promoting sound public policy regarding health, physical education and recreation. The CWA ... coordinates activity on the state and local levels to defend against policies, laws, or regulations that might be harmful to our members or the public.

 

Legislatures have proposed laws that would allow state or provincial governments to establish licensing requirements, enact regulations, and administer climbing gym inspections. Frequently this is accomplished by applying amusement licensing laws to sports and recreation facilities, which we oppose.

 

Several state legislatures have proposed bills that would severely restrict use of visitor or participation agreements, specifically weakening liability protections for the business owner[;] we maintain that these liability protections are necessary for the long term health and viability of a sport like climbing.

 

State amusement licensing laws were mainly enacted before the advent of the dedicated indoor climbing facility and are somewhat similar from state to state. Ohio’s law is fairly typical:

 

"Amusement ride" means any mechanical, aquatic, or inflatable device, or combination of those devices that carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of providing amusement, pleasure, or excitement. (ORC 1711.50(A))

 

The three elements, “mechanical device,” “carries or conveys passengers on, along ... a fixed or restricted course,” and “purpose of providing amusement, pleasure, or excitement” are common to the pre-indoor climbing amusement statutes.

 

State agencies charged with regulating amusement devices and venues have indulged some tortured interpretations of these elements in order to fit commercial climbing walls into the amusement regulatory scheme. Most of these efforts involve the “mechanical device” and “fixed course” elements. State agencies have contended that carabiners, auto belays, holds, and harnesses fit the definition of “mechanical device.”

 

One state regulator even asserted that the wall itself is a “mechanical device” that “conveys passengers” to the top. The regulators then argue that the set routes on the walls fit the definition of “fixed course.”

 

The practice of classifying climbing walls as amusement devices has real-world consequences for the operator. States can:

  • impose high registration and licensing fees (which may be assessed per-wall instead of per-facility);
  • subject operators to inspections by inspectors trained to inspect amusement rides;
  • adopt operational standards designed for the amusement industry;
  • and subject operators to onerous penalties for failing to comply with the regulatory scheme, including hefty monetary penalties, cease-and-desist orders, and even criminal liability.

Classifying climbing gym employees as amusement workers may result in as much as a fivefold increase in workers’ compensation premiums. In turn, the cost of participation goes up.

 

The CWA does not oppose regulation per se. We recognize that state agencies are charged with protecting the public and ensuring competent operations. However, we believe that regulation should be appropriately tailored to the realities of our sport.

 

Our argument is that a commercial climbing gym is a training and fitness facility that cannot be appropriately regulated as an amusement venue, and that applying amusement regulations to our sport may result in increased risk to participants.

 

The CWA has developed valuable resources that help us to make those arguments, including the Industry Practices, standards for climbing wall instructors, work-at-height, design and engineering, structural inspections, and the ClimbSmart! program. This focus on the function of the facility has served us well in a number of states.

 

If state regulators come calling at your gym, we are ready to help! Give us a shout or an e-mail if you have questions or concerns.

 

Bob Angell Head ShotAbout the Author

Robert Angell is an Ohio- and Colorado-licensed attorney concentrating in the areas of administrative law, recreation, amusement, and entertainment law, and business formation. He served on the CWA Board of Directors from 2006 to 2013 and was reappointed to the Board in 2019. Bob has been instrumental in regulatory initiatives on behalf of CWA members across the U.S. since 2005. His clients include many gyms in Ohio and other states.

 

Tags:  certifications  operations  public policy  regulations  risk management  standards 

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