Liability can take many forms, and it is important for every business to take reasonable precautions to protect its interests in the event of either physical or emotional injury claims on the part of guests. Injuries of either type may often lead to claims for compensation and damages, even when the injuries are the result of reckless behavior on the part of a guest or the failure to follow posted rules and regulations. Businesses with greater inherent risks of injury must take greater precautions to protect themselves from the threat of lawsuits.
Campgrounds with greater inherent risks might include parks with ziplines, shooting ranges, river rafting, paintball fields, jumping pillows, mountain biking, mechanical bulls, and climbing walls; however, every park has liabilities, and there are probably more personal injury attorneys within a 50-mile radius of your park than there are churches, schools, and hospitals combined.
Many campgrounds utilize blanket release forms known as crowd releases. Crowd release forms are generalized notifications that your guests are surrendering their reasonable rights to sue pursuant to their use and enjoyment of your park and its facilities, and they typically apply to the taking of photographs or videos. A crowd release will warn people that photography and filming may be ongoing at any time, that the images may be used in any and all media, in perpetuity, and that the guest consents to the use of his or her image without compensation by nature of entry; however, crowd releases rarely cross the line and attempt to cover the issues of physical liability. Crowd release forms also constitute rather weak defenses in a court of law.
If your park offers recreational amenities or activities with greater inherent risk, you will want to incorporate some very specifically detailed liability releases. There is no question that risky activities offer a great deal of appeal, particularly among younger guests, and can go a long way toward expanding a park’s customer base; however, it is necessary for your business to take reasonable measures to ensure the safety of its guests and to take measures to protect itself against lawsuits that may result if injuries are inflicted during the pursuit of those activities. Needless to say, the incorporation of these precautions should go hand-in-hand with the purchase of suitable liability insurance. In fact, the right releases could actually lower those insurance premiums.
Downhill skiing and snowboarding are activities where participants assume a degree of risk. For years, the National Ski Areas Association has promoted a Responsibility Code that has attempted to shift responsibility for injuries upon skiers and snowboarders, not the ski area operators. The code advised users to ski in control, be able to stop at all times, avoid those downhill, yield to those uphill, not stop where they would obstruct a trail, utilize retention devices, observe signage, keep off closed terrain, and know in advance how to use lifts.
The Responsibility Code was a start, but the extensive text printed on the backs of most lift tickets these days is now designated as a “Ski Ticket Contract and Express Assumption of Risk”. The following text is typical and taken from the back of a lift ticket: “I accept and understand that skiing, snowboarding, and other forms of winter mountain sports are hazardous, with many inherent risks and resulting injuries or death. By my purchase and use of this ticket, I freely and willingly accept and voluntarily assume all risk of property damage, personal injury or death which results from my participation in winter sports activities and the inherent risks of such activities as they are defined herein.” This statement is followed by an extensive paragraph that itemizes those inherent risks, both natural and man-made. Most lift tickets these days have been replaced by RFID passes, where the purchase requires the acceptance of broad liability terms.
One might think that this broad wording would release the business operator from almost all liability; however, the ski industry takes added measures to reduce the risks of injury, including the use of ski patrollers to open and close trails during the course of the day, sweep trails at the end of the day, and evacuate injured skiers from the slopes. Grooming, signage, the increased use of helmets, chairlift safety bars, and improvements in the safety of equipment also help to reduce the likelihood of injuries. Despite all of these efforts to reduce liability, enforceability is never ironclad. In December 2014, the Oregon Supreme Court ruled that a season pass waiver was unenforceable, opening the way to a $21.5 million personal injury lawsuit, and this ruling has since been used to chip away at the overall validity of waivers and releases.
Accidents Happen
Bearing in mind the potential legal issues of enforceability, parks that provide higher risk amenities should follow the lead of not only the ski industry but also the amusement park and attractions industry, which routinely enforces height, weight and age restrictions, along with providing a long list of health conditions that should preclude participation. Those conditions typically include, but are not limited to, pulmonary problems, high blood pressure, cardiac disease, pregnancy, obesity, seizures, prior injuries, fear of heights, and psychological or psychiatric problems. Yes, that list covers just about everything. Health issues require a separate signed waiver.
Despite all those precautions, mistakes happen, sometimes when the wrong decision is made on the part of a ride attendant. Think back to June 2022, when Tyre Sampson, who was 100 pounds over the weight limit for the world’s tallest freefall ride – at ICON Park, in Orlando, Florida – slipped out of the ride’s safety harness and fell to his death. The owners of the ride were fined $250,000.00 by the state of Florida and agreed to remove the ride. A subsequent wrongful death lawsuit was settled out of court in March 2023. Within the outdoor hospitality industry, you might recall the case of a three-year-old girl, who died in 2021 after falling through an unsecured septic tank lid at a campground in New Jersey. In a more recent incident, the ski injury lawsuit against actress Gwyneth Paltrow gained broad media attention. The wealthy actress was named the defendant in the initial lawsuit, although the Deer Valley Ski Resort would have been named defendant under the so-called premises liability theory under most other circumstances. Paltrow countersued the plaintiff for $1 and a jury found in her favor after only 2 hours of deliberation (and thousands of dollars in attorney’s fees.)
Take Precautionary Measures
When I enjoyed the use of a high ropes and zipline course not that long ago, I signed both a written liability release and a health waiver. I was provided with copies of each, I was provided assistance in properly suiting up for the activity, and I was provided with basic instruction in the use of the equipment. In another outing, I visited a resort that operates mountain biking trails and a mountain coaster. At this facility, guests are directed to a row of computer kiosks where liability releases and health waivers are digitally signed before tickets may be purchased.
There are a number of companies that provide reasonably priced digital release services that work with either computer kiosks or mobile apps. These services save time, avoid the generation of a mountain of paperwork, are secure, offer cloud storage, provide analytical information, and can even integrate with email marketing programs as a means of generating return visits. Some services even allow seasonal businesses to adjust their subscription services between their peak season and off season. A few of the companies that you may want to look into include:
Whether your park uses crowd releases, liability releases, health waivers, or a combination of all three, it is important to make every effort to protect its interests and to avoid the many catastrophic impacts of personal injury lawsuits.
The goal of nearly every campground is to increase occupancy rates, either through increased reservation numbers or extended stays, particularly in the off-seasons. There are many ways to accomplish this. One is to invest in new park features and amenities that will appeal to a broader range of guests, but this can be a costly proposition with a lengthy period for investment recovery. Another way is to get lucky due to your proximity to somebody else’s investment, such as a new attraction that opens nearby (and hoping that it does not decide to open its own campground.) Yet another way is to benefit from a nearby campground that either ceases operation or has an unpopular change in ownership or management. All of those options involve changes of some sort, either on your part or on the part of other entities. One other means of building your business is to capitalize upon something that is already there, perhaps right before your eyes yet unnoticed for decades.
Americans (and perhaps most of humanity) have had a love affair with highways and the freedom of the open road for well over a century. When the National Interstate and Defense Highway Act was signed into law by President Eisenhower in 1956, it authorized the construction of 41,000 miles (today, more than 48,750 miles) of modern highways that would make both local and cross-country travel easier than ever. Inspired by the Autobahn in Germany, when you want to get somewhere fast, the Eisenhower Interstate Highway network is the way to go; however, not everybody is in a hurry all of the time, and the Interstates were not the first long-distance highways in America.
My intrigue with historic highways was kick-started with my reading about a year ago of “The Lincoln Highway: A Novel”, the New York Times bestseller written by author Amor Towles. More recently, I watched the pilot episode of the Route 66 TV series that premiered on October 7, 1960 and ran for four seasons on CBS. Two drifters traveling in a Corvette (that is said to have been replaced by sponsor Chevrolet every 3,000 miles) brought tremendous attention to what was sometimes called “America’s Main Street”, while doubling sales of Corvettes in the first season. I thought it odd that Tod and Buz found themselves in Mississippi in that first episode, nowhere near the actual highway, but it turns out that the series was actually shot on location in 40 states and rarely along the actual highway route.
Prior to the Interstate highways, there was a network of U.S. highways that travelled long distances, in some instances from coast to coast. Everybody is familiar with the appeal – enhanced through song, books and that popular TV series – of U.S. Route 66, which runs from downtown Chicago to Santa Monica Pier in California. Even before the numbering system was introduced, there were a number of established highways crisscrossing the country. Many of those highways, since bypassed by the new Interstates, still at least partially exist and appeal to a new generation of travelers who are seeking out historical landmarks and vestiges of a disappearing culture. Many of these highways are actively promoted by regional tourism associations, such as the PA Route 6 Alliance and Pennsylvania Wilds, both of which promote “400-plus miles of history and heritage, small-town culture, friendly people, and wondrous sights too-often forgotten” in the state of Pennsylvania.
In the early days of auto touring, travelers frequently had tents that attached to their Model T’s and stayed at “tourist camps”, the precursor of today’s modern campgrounds. It only makes sense to capitalize upon your proximity to nearby historic highways, reaching out to campers who are seeking to slow down, stay a while, and explore the history in your back yard. Most of these highways have had their identities usurped by numbered highways that either follow or parallel their routes, but there is adventure in following even vestiges of these original historic highways. Find one near your park, then promote your proximity. Partner with local historical societies, auto clubs, and tin can tourists, perhaps offering your guests “treasure maps” to special places of inspiration, fading away and forgotten without your help. The first on my list are two of the most popular historic highways in America.
The National Road
The National Road, also known as the Cumberland Road, was a 620-mile improved highway, the first to be constructed entirely with funds from the federal government. It was built over the course of more than 25 years in the early 1800s, preceding the advent of the automobile. It connected Cumberland, Maryland to Vandalia, Illinois, where construction ceased due to a lack of funds. Built to accommodate stagecoaches and Conestoga wagons, its use declined with the arrival of railroads but was revived by the Federal Highway Act of 1921, which introduced the grid system of numbered highways. The National Road evolved into both the Victory Highway (honoring American forces who died in World War I) and U.S. Route 40, with a resurgence of roadside businesses that catered to travelers. Later, as had been the case with the railroads, U.S. Route 40 was bypassed by Interstate 70. Today, The National Road Heritage Corridor is a government-business partnership designed to enhance tourism, where The National Road is now considered a tourist destination in itself. If your park is located anywhere along this route, you should be involved! There are historical bridges, monuments, tollhouses, milestones, and much more to be rediscovered along the route within in the following states: MD, PA, WV, OH, IN, and IL.
The Lincoln Highway
Spearheaded by Henry Joy (President of the Packard Motor Car Company), Carl Fisher (head of the Prest-O-Lite Company, which made the first automobile headlights, also developer of the city of Miami Beach, and developer of the Indianapolis Motor Speedway), and Frank Seiberling (co-founder of the Goodyear Tire & Rubber Company), The Lincoln Highway was the first transcontinental road specifically designed for automobiles in the United States. Funds were generated through donations both large and small, including Thomas Edison, former President Theodore Roosevelt, and current President Woodrow Wilson. One notable business leader who profited the most but refused to participate was tightwad Henry Ford, with the excuse that building highways was the government’s business. Dedicated in 1913, The Lincoln Highway passes through 14 states and over 700 towns and cities as it connects New York City with San Francisco over the course of some 3,000 miles. Evolving into U.S. Route 30 along two-thirds of its way, The Lincoln Highway today is somewhat of an historic patchwork quilt that attracts motorists who seek out its original remnants, ghosts of roadside attractions, and some of the 2,400 concrete markers that were installed along the route by the Boy Scouts of America on September 1, 1928. Although there is really nothing of note in the short section in the state of New York, there are historical bridges, original Boy Scout markers, sections of original brick pavement, monuments to Abraham Lincoln, so-called “roadside giants” that were designed to capture the attention of tourists, and landmarks that have been recognized in the National Register of Historic Places. States along the route: NY, NJ, PA, WV, OH, IN, IL, IA, NE, CO, WY, UT, NV, and CA.
Route 66
Established in 1926, U.S. Route 66 was one of the country’s first numbered highways, the first to be completely paved (in 1938), and quickly became one of the most famous roads in the United States, almost synonymous with what Americans envisioned as the open road. It extended 2,448 miles from Chicago to Santa Monica, California, passing through 8 states in the process, and it has played prominent roles in popular literature, songs, television and movies right up through the 2006 animated film Cars. Although formally replaced by segments of the Interstate Highway System in 1985, portions of the original road in at least 5 states have been designated a National Scenic Byway now known as Historic Route 66.
Famous for its art deco diners and service stations, motels with oversized neon signs, and curious roadside attractions, the highway also passes nearby natural wonders such as Meteor Crater, the Painted Desert and the Grand Canyon, not to mention the site of the first McDonald’s restaurant. Although the original route can no longer be driven in its entirety without a few detours, many of the roadside attractions have recently been restored to somewhat of their original luster and appeal, particularly after the National Route 66 Preservation Bill was signed back in 1999. States along the route: IL, MO, KS, OK, TX, NM, AZ, and CA.
The Dixie Highway
Inspired by the earlier Lincoln Highway and covering nearly 1,500 miles, the Dixie Highway connected Chicago to Miami on a Western route, and Sault Sainte Marie, Michigan to Miami on an Eastern route, along with cutoffs in both Georgia and North Carolina. Like its predecessor, this highway route was also spearheaded by Carl Fisher, who you may recall was the developer of the city of Miami Beach. The highway also passes by the Indianapolis Motor Speedway that Fisher also developed. Once again, civic responsibility was balanced with a good measure of private interest, in his desire to get travelers from the Northern states and Canada to travel to Miami Beach and perhaps stop to visit his speedway along the way. Not actually a single highway, this route was actually a network of consecutive paved roadways, with a distinctive “DH” logo painted on utility poles along the way. It still follows a network of now numbered routes, including stretches of U.S. highways, state routes, and Interstate highways. It passes through Louisville, Nashville, Atlanta, Orlando, and the Everglades on its way to Miami. There are still monuments along the way and even sections of original or restored brick pavement. States along the route: MI, IL, IN, OH, KY, TN, NC, SC, GA, and FL.
The Pikes Peak Ocean to Ocean Highway
Completed in 1924, this route was designed to compete with the National Road and the Lincoln Highway but started disappearing as soon as 1926. As its name implies, it extended from New York City to Los Angeles and was designed to promote the city of Colorado Springs and its Pikes Peak toll road. Often unpaved, with rivers sometimes unbridged, most of this highway would evolve into what would become U.S. Route 36. Keep in mind that most towns desperately wanted to be included along these major highways, due to the commerce and tourism that easy automobile transportation could generate. In this case, Colorado and northern sections of Kansas and Missouri felt that they had been bypassed and slighted by the Lincoln Highway. Needless to say, the promoters of this alternative route mostly came from those three states. The same group also promoted a similar North-South route, the Jefferson Highway, that extended from New Orleans to Winnipeg, Manitoba, in Canada.
Like the Dixie Highway, the Pikes Peak Ocean to Ocean Parkway was more of a patchwork of existing roads than a totally new highway. It included parts of the Lincoln Highway in the East, the National Road from Maryland to Indiana, and then pieces of other existing highways and traversing the scenic Rocky Mountains before linking up, once again, with the Lincoln Highway and the Overland Trail. Today, pieces of old cars and hubcaps can be seen by sharp eyes along the route. States along the route, though marginally including the Lincoln Highway sections of NY, NJ, and PA: OH, IN, IL, MO, KS, CO, UT, NV, and CA.
Historic Trails
There are other instances of historic trails that were made for explorations and migrations either on foot or by wagon, and that never evolved into long-distance highways. Two of those are included in this final installment in this series, the Oregon Trail and the Mormon Trail, nonetheless presenting opportunities to get off the beaten path to discover historic sites and markers that commemorate important routes, generally in our country’s westward settlement.
The Oregon Trail
First used by wagons in 1836, the trail was established 25 years earlier, when it could only be accessed by foot or horseback. Once the wagons started rumbling, over 400,000 brave souls drove from “back east” in Kansas City, Missouri to the Pacific coast or various stops along the way, usually traveling in wagon trains for added safety in numbers. As was often the case with early highways, use of the Oregon Trail essentially ended once the transcontinental railroad was completed in 1869. Travel by train was faster, safer, and far less expensive.
Parts of the Oregon Trail have now evolved into the routes of Interstate highways 80 and 84, passing through many of the towns that came into being in order to serve the needs of emigrants on the original trail. Highlights that may be visited include the Hollenberg Pony Express Station, in Kansas, on the Nebraska line. It is an extraordinarily rare example of an original building, in its original location, that served as a source for supplies, drinks, and mail services for travelers on the Oregon Trail. Over the state line into Nebraska, Fort Kearney also offers a historic glimpse into the migrations on the trail. Although it was discontinued as a military post in 1871, when the buildings were demolished and the land opened to homesteaders, Fort Kearney has since been rebuilt as Fort Kearney State Historical Park. Further along the trail, Fort Laramie National Historic Site, in Wyoming, presents another collection of exquisitely restored historic buildings. Scenic highlights along the former Oregon Trail include Scotts Bluff National Monument and nearby Chimney Rock National Historic Site, in Nebraska. Chimney Rock was a renowned landmark that offered assurance to migrants that they were on the right path and making progress westward. Still a remarkable landmark, it has lost some of its height over the decades due to natural erosion, weathering, and lightning strikes. States with historic sites, original wagon ruts, registers where emigrants carved their names, and landmarks to explore along the route: MO, KS, NE, WY, ID, WA, and OR.
The Mormon Trail
The Oregon Trail was actually a network of trails that followed the paths of earlier routes established by fur traders and the Lewis and Clark Expedition. On the same token, the Oregon Trail later served as part of the routes of the subsequent California Trail, Mormon Trail and Bozeman Trail, all now collectively known as the Emigrant Trail. Now preserved as the Mormon Pioneer National Historic Trail, the treacherous 1,300-mile trek of the Mormon Trail took members of the Church of Jesus Christ of Latter-day Saints, generally on foot or pushing wooden handcarts, from their original settlements in Ohio, Missouri and Nauvoo, Illinois to the Salt Lake Valley in what was not even yet the state of Utah. This migration took place from the mid-1840s to the late 1860s, once again until the completion of the transcontinental railroad in 1869. The trek began after the assassination of the church’s prophet, Joseph Smith, and frequent persecution of its members, primarily due to the polygamy that was commonly practiced at that time. There were settlements along the way, including Garden Grove and Mount Pisgah, in Iowa, and those that evolved into the cities of Council Bluffs, Iowa and Omaha, Nebraska. Crops were planted at many of these settlements, to replenish the food supplies of subsequent emigrants. Because this trail followed much of the same route as the earlier Oregon Trail, many of the same landmarks served as noted points of reference.
Noteworthy attractions along the Mormon Pioneer National Historic Trail include Fort Caspar (in Caspar, Wyoming), featuring reconstructions of the fort buildings, a Mormon ferry, and a section of the Guinard Bridge that crossed the North Platte River; the North Platte River Crossing (west of Fort Laramie, Wyoming), where the iron girder bridge built in 1876 still stands; the Mormon Handcart Historic Site (in Alcova, Wyoming), where visitors can experience handcart travel using handcarts (available for use at no charge) along the site’s trails or take a hike to Martin’s Cove, where 500 Mormons took shelter during a blizzard in 1856. States along the route: IA, NE, WY, and UT.
Many Mormon landmarks may be explored outside of the trail corridor, including the Smith Family Farm, Sacred Grove, and Hill Cumorah Visitors’ Center (in Palmyra and Manchester, New York); the Priesthood Restoration Site (in Oakland Township, Pennsylvania); the Joseph Smith Birthplace (in Sharon, Vermont); Historic Kirtland (in Kirtland, Ohio); Historic Nauvoo (in Nauvoo, Illinois); and Cove Fort (in Beaver, Utah). Most of these sites offer free guided tours.
Conclusion
There are many other historic highways that can still be navigated today to one extent or another, offering fascinating glimpses into American history, particularly the first half of the twentieth century. Some of these include the Yellowstone Trail (connecting Plymouth, Massachusetts with Seattle, via Yellowstone National Park, with drivable sections still existing in Wisconsin, Montana, Idaho, and Washington), the Bankhead Highway (from Washington, DC to San Diego, with many remnants existing in northern Georgia along “Old U.S. Route 29”), the Susquehanna Trail (DC, MD, PA & NY), the Skyline Drive & Blue Ridge Parkway (VA and NC), Black & Yellow Trail (Illinois to Wyoming), Pan-American Highway (Texas to Minnesota), and the Jefferson Highway, that extended from New Orleans to Winnipeg, Manitoba, in Canada. Once again, if your park is in close proximity to any of these historic highways, trails and landmarks, it would make sense for you to promote these nearby attractions, reaching out to the many potential guests who have an interest in exploring these important parts of our country’s history.
You may recall news reports in early June 2023, regarding the hack of the MOVEit file transfer software by a ransomware extortion group based in Russia, known as “Cl0p” but more commonly referred to as “Clop”. Keeping in mind that the vast majority of ransomware instances are not publicly reported, in order to avoid both embarrassment of the victims and attention for the perpetrators, this one was disclosed for a number of reasons. For one, it was widespread, affecting a diverse group of victims that included the U.S. Department of Energy and other federal agencies, Johns Hopkins University and the Johns Hopkins Health System, the University System of Georgia, CalPERS (the California Public Employees’ Retirement System), the Province of Nova Scotia, Shell Oil, British Airways, the BBC, and the state motor vehicle departments in Oregon and Louisiana. A second reason was that Clop publicized the victims of its exploit on the dark web. Whether or not you had ever previously heard of MOVEit, software that is widely used by companies and organizations around the world to share sensitive data, you may very well have used similar file transfer products such as WeTransfer and Dropbox.
In the MOVEit instance, the hackers exploited a previously unknown vulnerability in the software, gaining access to users’ files before the software could be patched. This is what is referred to as a zero-day exploit, when software engineers have “0” days to patch a vulnerability prior to its exploitation. What made this extortion a bit atypical was the fact that the perpetrators did not follow the usual pattern of locking down victims’ computers until a ransom was paid, but instead threatening to release sensitive data that had been accessed unless their ransom was paid, as always, in the form of Bitcoin or another cryptocurrency. According to the latest information published by Palo Alto Networks, which monitors ransomware payment trends, the average ransom demand rose to $2.2 million in 2021, with the average payment rising to $541,010.
The Value of Your Personal Data
Ransoms are one thing, but the stolen data may be even more profitable when sold on the dark web. Let’s very conservatively presume that a hack discloses the private data of 5 million users. According to Privacy Affairs, an organization that monitors and compiles lists of prices for personal information when sold online, the following are just a few examples of the going prices for everything from social media logins to credit card accounts.
Credit card details, account balance up to $5,000: $110
Credit card details, account balance up to $1,000: $70
Stolen online banking logins, with a minimum balance of $2000 on account: $60
Stolen online banking logins, with a minimum balance of $100 on account: $40
Cloned Visa, MasterCard or American Express account with PIN: $20
USA hacked credit card details with CVV: $15
50 Hacked PayPal account logins: $120
Hacked Gmail account: $60
Hacked Facebook or Instagram account: $25
Hacked Twitter account: $20
US eBay account: $20
Netflix account, 1-year subscription: $20
Hacked Spotify account: $10
10 million USA email addresses: $120
Clearly, these international thieves are playing a numbers game. Although the hackers in the MOVEit incident exploited a software vulnerability, the majority of breaches occur as the result of human error. Most typically, those errors involve unwarily responding to a phishing scam, carelessly clicking on a link, or using the same (usually weak) password on multiple sites. Many phishing scams appear legitimate because they utilize data from earlier corporate hacks. For example, if an email service provider has been hacked, its subscriber list will have been compromised, leading to subscribers receiving suspicious emails. Because nobody wants their email service to be disrupted, many people will quickly comply with a request to divulge further personal information.
One of my clients recently received an email, indicating that his email account had been compromised, requiring him to click on a link to confirm his username and password. He did so, without a second thought, then had his email account disabled two days later because it was being used to send out massive amounts of spam, effectively turning his computer into a zombie device. When his password was reset and his account access restored, he received another email, no doubt from the same perpetrators who had lost access to his account, asking him to click on a highly suspicious link in order to “cancel the requested deactivation” of his account. Clearly, they were hoping that lightning would strike the same victim twice. Now you can see why a single hacked Gmail account sells for $60 on the dark web!
Take Precautionary Measures
I have said it before, and let me say it again, that we all need to be highly vigilant before clicking on links in an unsolicited email. If that email contains spelling mistakes or grammatical errors, you can be assured that it did not originate from the company whose graphics have been “borrowed” in order to enhance credibility. Hover over any links, and you will see how they go to some highly suspicious URLs. In addition, take the time to set up and utilize multi-factor authentication on every online account that involves either payments or passwords. Then be sure that you always use a secure and unique password for each site. Many of us tend to “recycle” our passwords, a truly lazy habit. In those instances, a hacked password on one account could lead to hacked access to multiple accounts, falling victim to what is referred to as a “stuffing” attack.
If you would like to learn more about the very serious nature of these online threats, I highly recommend a reading of “This Is How They Tell Me the World Ends: The Cyberweapons Arms Race” by Nicole Perlroth, a cybersecurity journalist for The New York Times and an advisor to the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA). This is a difficult book to put down (so you may want the audio book version), and it will keep you awake at night.
Apprehensively but out of necessity, I had to venture to one of our local supermarkets about 10 days ago, in order to stock up on essentials prior to what was predicted to be the coming peak of the COVID-19 pandemic here in the state of Massachusetts. I headed out early, equipped with mask and gloves, in order to quickly run through our household shopping list during the store hours that are designated for those over the age of 60 or otherwise considered high risk for the virus. The fact that the store has designated these exclusive hours represents an example of adaptation to these changing times.
Within the store, my
shopping habits needed to adapt as well. Once I grew accustomed to my eyeglasses
fogging due to my face mask, I also had to learn to navigate the departments
and aisles by following the new red one-way traffic arrows and, of course,
maintaining a safe distance between myself and fellow shoppers. There were
measures in place to reduce the interaction between employees and customers,
such as the deli products being strictly pre-sliced and pre-packaged, as well
as the large plastic shields separating customers and checkout clerks. It was
not time to casually compare and select fresh produce items, and there were of
course many items that either had a very limited selection or were totally
unavailable.
If the usual background
music was playing, designed to encourage shoppers to relax and linger, I did
not notice it. I only noticed announcements about how there should be only one
shopper per household, how there would be purchase limits of certain items
(including toilet tissue, of course!), how you needed to maintain a six foot
distance from other shoppers, and why reusable shopping bags were no longer
permitted at this time. At the checkout, my gloved hand held out my loyalty
card for the bar code to be scanned, rather than handing it to the clerk, and
there was a new set of rules and policies posted on signs affixed to the large
plastic shield. One of those new policies was that, during the course of the
pandemic, all sales would be final, with no returns, exchanges or refunds. That
policy makes total sense under the circumstances.
How
Does This Affect Your Business?
Over the years, cancellation
and refund policies were established and became the usual practice in the
airline, travel, hotel, and outdoor hospitality industries. These policies protected
those businesses that were reserving space that could otherwise be booked by
other consumers, helping to discourage double-booking and last-minute
cancellations. Although there were occasional grumblings and complaints,
generally from people who would otherwise abuse the spirit and intent of those
policies, most of us recognized and accepted the need for these practices to be
in place. These practices were essentially part of a fundamental two-way
contract. The customer was being guaranteed a room in a hotel, a seat on an
airliner, or a campsite or cabin at a campground, in exchange for a guarantee
of payment and a timely arrival at the reserved date and time.
During this same time,
supermarkets and most retailers generally established extremely flexible return,
exchange, and refund policies. Intended to keep customers happy, the primary
rule at the courtesy desk was to ask no questions. The only exceptions were
generally for custom-made merchandise, such as a gallon of a blended paint color
at a hardware store, or merchandise where returns were prohibited by law, such
as undergarments that had been worn. There were many instances when customers
abused those policies, exemplified in a short play that I enjoyed not that long
ago, involving a main character who predictably each January returned his
recently purchased artificial Christmas tree to a department store, seeking a
refund. In recent years, the desire to keep customers happy has been compounded
by the desire to avoid the reputational damage that can be incurred as the
result of online consumer complaints.
The
COVID-19 Pandemic Is a Game-Changer
During the current pandemic,
it is necessary for all businesses to reassess their policies and to accept the
fact that everybody is in the same big boat where we are all hurting. If you
own a campground, you know that people would like nothing better than a return
to what was normal just a few short weeks ago. Your customers are not
cancelling their reservations because they decided to camp elsewhere or because
there is rain in the forecast for the upcoming weekend. They are cancelling
their reservations either because your state has temporarily shut down your
business or out of a legitimate fear that social gatherings could currently
lead to either infection or death. In addition, many have lost the security of
employment.
With 15 million Americans filing for unemployment claims over the past three weeks, most of us are finding it necessary to limit our expenditures to necessities for the time being. The family who paid a $300.00 deposit to reserve a campsite for July now needs to be concerned about putting food on the table and paying their rent or mortgage.
When this pandemic has
passed its peak, but not until we have a proven vaccine, there is going to be
an understandably cautious return to the normalcy that we once enjoyed and took
for granted. Your business will return, but it is unlikely that it will return
as quickly as the opening of the floodgates at a dam. When business eventually
returns to normal, the businesses that will prosper will be the ones who
treated their customers with respect and understanding, not the ones who pointed
to their rules and refused to relax their refund and cancellation policies
during this pandemic.
If you would like to offer
your guests an option, you could give them the choice between a full refund or
an unexpiring credit with a value of 110% of what they paid. For those guests
who can afford to forego the refund, consider their deposit as a voluntary loan
that will help you to weather the storm. Have confidence that you and those
guests will be there when the dust settles.
Remember, we are all facing
this crisis together and need to pull together as a nation. We are all hurting.
At the time of this writing,
as limited and inadequate as they may be, your small business may qualify for
both a COVID-19 Economic Injury Disaster Loan (EIDL) and a Paycheck Protection
Program (PPP) loan, both designated to be at least partially converted into
non-taxable grants. Meanwhile, your customer is hoping to qualify for an
Economic Impact Payment of only $1,200.00 per adult taxpayer and $500.00 per
dependent child, with the expectation that those might not even materialize
until September.
It is not easy, and
it may be painful, but I suggest you to do the right thing regardless of what
your cancellation policy has outlined prior to this crisis.
There is no question that
our world has been turned upside down within the last few weeks. Just when some
people were concerned that the spring allergy season was about to begin, we have
been faced with a worldwide pandemic of an entirely new and highly deadly virus
called COVID-19. One impacted state after another has responded in rather
serious fashion, starting with the states that were hit with the earliest
concentrations of outbreaks, eventually leading to a nationwide response at the
federal level.
Here where I live, in
Massachusetts, we have been one of the most highly impacted states after
Washington, New York and California. As I am writing, most of our schools and
colleges are closed, restaurants and bars are closed, state and municipal
offices are closed, shopping malls and most retail stores are closed, and
hospitals and nursing homes are closed to visitors. Gatherings of 25 or more people have been prohibited,
including concerts, sporting events, theaters, conferences (including at least
one campground conference), and even church services and faith-based
gatherings. The terms “social distancing”, “self-quarantine”, and “sheltering
in place” have been added to our everyday vocabularies.
The Campground Industry
The impacts upon private
campgrounds are evolving on a daily basis. Let us start by looking at the
positive side of the situation. First of all, Americans are coming together
like we have not in years, sharing a common determination to overcome the
current crisis. Secondly, we will continue to find a healthy refuge in outdoor
environments. If nearby public parks and campgrounds are closed as a result of
the pandemic, you may be able to fill a new demand. Thirdly, campgrounds are
not being hit nearly as hard as businesses in many other industries, including
airlines, cruise lines, travel agencies, hotels, tourist attractions, and
restaurants. In that sense, we can count our blessings. On the other hand, many
campground owners have told me that their cancellations have exceeded their
reservations in recent weeks. Fear and uncertainty do not drive consumer
confidence and spending, and families who are facing layoffs at work no longer
have discretionary income to spend on vacations.
Your
Response
Keeping in mind that we are
all in this together, it is time to waive your usual cancellation policies for
the time being. Do not even ask questions. The tide will turn, and people will
return to the businesses that treated them honorably and respectfully. Next, go
out of your way to let your customer base know that you care about their health
and well-being and that you are introducing new measures to ensure their
safety. It is time for every business to introduce a personalized Coronavirus
Statement. This statement should be thoughtfully written and personalized for
your own unique situation. Outline any of your recreational amenities or
services that will be temporarily closed, curtailed or limited, stressing how
those actions have been taken in the interest of your guests and employees.
Outline the measures that you have taken to maintain cleanliness in your
facilities that remain open, including your store, restrooms, snack bar,
playground, fitness room, and rental accommodations.
When you have carefully
drafted your statement (and run it by
other sets of eyes for proofreading!), share it on social media and post it
to the Home page of your website, updating the statement as necessary, as the
crisis evolves and hopefully subsides. To post this statement to your website,
you can include it as text near the top of your Home page; however, you may
want to consider the alternative of providing a prominent link to a PDF file
that people may download, particularly if your statement is somewhat lengthy.
Another advantage to the PDF option is that it will avoid having text related
to the Coronavirus be what search engine robots are indexing, rather than text
that outlines the features of your park. One word of caution is to ensure that
your PDF file is tagged and ADA compliant. (Remember
when ADA compliance was one of your biggest concerns a few months ago?)
The
Impact Varies
Some campgrounds will be
impacted more than others. If your park’s primary selling point is that it
offers a remote natural setting, you might be offering the type of escape that
will be sought by an even wider group of people. If your campground has
proximity to local, state or federal parks that remain open and offer
recreational opportunities, try to capitalize upon that positive situation. On
the other hand, if your guests primarily stay at your park due to its proximity
to one or more major tourist attractions that have been closed as a result of
the pandemic, you will need to improvise a more creative approach. Similarly,
if people have historically flocked to your campground to partake in a
well-organized activity program, you may need to find alternatives that will
involve smaller gatherings and greater opportunities for social distancing. You
may want to even rethink or rename certain events. Just this morning, I found
myself updating the activity schedule on a campground website, and the annual
“Hooray! School’s Out for the Summer” weekend suddenly took on a different and less
jovial connotation, at a time when most schools are closed for either the next
two weeks or the entire semester. Prepare to adapt and modify your schedule.
Another impact will involve international travelers who would normally vacation in the United States. Many campgrounds have seen a steadily increasing volume of traffic from overseas, and many campgrounds in the Northeast rely upon an annual influx of guests from Canada. Travel from Europe is currently banned, as is traffic in both directions at the border crossings between the United States and Canada. It almost makes one long for the days when the greatest impediment to Canadian visitors was an unfavorable currency exchange rate! On the flip side, gasoline prices are currently at historic lows, which will help to encourage domestic travel.
The bottom line, as I sit here in mid-March, is that we have no idea where the chips will have fallen come Memorial Day and beyond. This may be the summer when people more than anything need to escape to the outdoors and experience a natural setting. It could even be that simply sitting around a campfire could be exactly the cure that the doctor has ordered.
I first addressed the issue of ADA compliance and its impacts upon campground websites in early 2019. In the year since, it has become a recurring nightmare and just about everyone has been made aware of the ongoing problem. Campground owners and website developers have reacted, some have overreacted, and we have all learned a great deal in the process. Rather than rehashing the background of the Americans with Disabilities Act of 1990, its implementation, and the case law history that has encouraged the proliferation of lawsuits against campgrounds and other small businesses, I would like to share some of what we have learned over the past year, offering advice on what you need to do to protect your business.
As the title of a seminar
that I recently presented before the Pennsylvania Campground Owners Association
(PCOA) would suggest, it is important to separate the myths and rumors from the
facts and solutions. Right from the start, let me explain that I am not an
attorney and, in most instances, neither are you. If you are the target of what
might be considered a frivolous lawsuit introduced by a serial plaintiff and an
opportunistic attorney, you need serious legal representation, hiring a defense
attorney with specific expertise in these matters. Far from small claims in a
district court, these are class action lawsuits entered in federal courts,
where the apparent objectives are costly out-of-court settlements.
A recent wave of lawsuits
randomly targeted campgrounds in the state of New York. The complaints allege
violations of both ADA Title II (which includes website construction, including
reservation components) and Title III (compliant facilities, such as accessible
facilities and rental accommodations.) In fact, one of the most significant
website complaints is a failure to adequately outline, in detail, the
accessible features within a park. Of course, this in itself presents a
Catch-22, where you do not want your website to present an admission of a failure
to comply.
The lawsuits that I have seen reference the need for compliance with the Web Content Accessibility Guidelines (WCAG 2.0), even though these were replaced by WCAG 2.1 guidelines back in June of 2018. It is important to understand that these are only guidelines, since actual regulations were never released, as planned, in 2018. The lawsuits also reference the availability of “several screen reading software programs” for use by the blind and visually impaired, but then specifically references the expensive Job Access With Speech (“JAWS”) screen reader. Free screen reader software can be easily installed on any computer, and will demonstrate that the text is fully readable on almost all websites.
Trust
the Competency of Your Website Developer
Regardless of which company you may be using, it is fair to say that if you are working with any of the major website developers serving the family campground industry, you can trust their competence. The greatest risks are when your webmaster is the man in the mirror, your nephew, a local computer shop, or the boy down the road. Remember that it is your business that is at stake. Your website must meet WCAG 2.0 (or 2.1) guidelines. There are online tests that may be run, including the Web Accessibility Evaluation Tool (WAVE) and the PowerMapper SortSite Desktop website testing tool. Though highly inaccurate and full of false positives, they can represent a starting point for evaluation. They use different heuristics for essentially guessing whether or not a site is accessible. For example, some checkers do not know the difference between a missing alt attribute (a very important factor with screen reader software) and one that is intentionally specified as blank. Your webmaster knows the difference.
Presuming that you are
taking a proactive approach and have not yet been sued, the following is a list
of some of the most important factors to check on your website.
Does your website include an “accessibility
statement” that outlines how you are making a good faith effort toward being
compliant (but NOT admitting a failure to comply)?
Do you have “alt” tags (text alternatives)
for every non-text element, not just images?
There should be no text on your site that is
scanned from a document and presented as a JPEG or other graphic file. Is there
any text that cannot be selected by dragging your cursor?
Are you identifying the site’s language
(typically “en-us” to indicate “English” with the “United States” subtag),
allowing text readers to more easily identify the language used?
Does each page on your website have a unique
and adequately descriptive title?
Can the text on your site be resized up to
200% and maintain its clarity?
Are all forms properly tabbed for easy
keyboard navigation?
Do your forms (including third-party
reservation forms) offer alternatives and suggestions for input errors?
Do your text and background colors maintain a
high contrast ratio, avoiding text that overprints images?
If videos on your site include any spoken
words, are the videos captioned?
Does your website allow users to pause and
stop any moving content?
Does your website avoid content that changes
upon visual interaction, such as so-called “mouse-over” or “hover” content?
Are PDF documents on your website tagged and
compliant with PDF/UA (ISO 14289) and WCAG 2.0 standards?
Many of these standards have
been long followed by website designers for a variety of reasons. For example,
“alt” tags that are used by text readers are also read by search engine robots,
and tabbed forms enhance usability for all users.
Talk
with Your Insurance Agent
I am hoping that most people
reading this article have not yet been victimized by an ADA compliance lawsuit.
If you have not been sued, it is safe to say that it could happen at any time.
It is not a matter of “if” but a matter of “when” it is your turn. Fortunately,
every commercial insurance carrier serving the campground industry offers what
is known as cyber insurance coverage that will provide coverage under these and
a variety of other computer-related circumstances. Consider this a necessary
cost of doing business, and contact your insurance agent without delay.
Final
Warnings
You should also be aware
that, although frequently evaluated in visual terms that impact the blind and
visually impaired, the Americans with Disabilities Act of 1990 also prohibits barriers
to the deaf, dyslexic, or people with cognitive issues or learning
disabilities. We are currently only seeing the tip of the iceberg.
Many people are trying to capitalize upon the current fears and hysteria. Keep in mind that no website developer can build you a website that is guaranteed to be 100% ADA compliant (short of a site that consists of nothing but bold black text on a white background.) Avoid the temptation to believe that a compliance widget will solve your problems, even though it might help you and your webmaster to feel good. If you would like your website to include a tool such as the Userway Web Accessibility Widget, that is fine but keep in mind that it is not a substitute for proper coding and that it does not perform any functions that a handicapped person cannot already perform without the use of the widget. On the other hand, it might serve as one step toward potentially persuading a judge or jury that you are making a good faith effort at compliance.
Above all else, do not panic
and overreact. Some people have gone to the extreme of taking down their
websites or redirecting their URL to their Facebook page. Even temporarily,
that will inflict major harm upon the search engine ranking that you have
worked so hard to build over the years. You may as well disconnect your
telephone or take down the sign at your entrance. We are living in a
complicated world, where it is important to adapt to changing circumstances,
not retreat into a cave.
I would like to share the
knowledge that I have acquired as a result of my first-hand expertise on a very
important and widely misunderstood topic. Tick-borne illnesses represent a
broad spectrum of bacteriological infections, one of which is broadly
recognized as “Lyme disease.” Ever since a cluster of families in Lyme,
Connecticut first suffered varying but unexplained symptoms back in 1975, the
CDC (Centers for Disease Control and Prevention) has been in denial about
either the existence or the number of people infected, citing peer-reviewed
medical studies conducted by physicians and scientists on the payrolls of the
pharmaceutical and managed health (insurance) industries.
Family physicians have
widely misdiagnosed tick-borne illnesses or depended upon the highly unreliable
ELISA and Western Blot blood tests that the CDC endorses. Unless a patient was
“lucky” enough to display an erythema migrans (the bull’s eye rash that does
not always appear, does not always look like a bull’s eye, and does not
necessarily appear at the location of a tick bite) that the CDC accepts as a
definitive sign of infection, physicians tended to treat the symptoms rather
than the underlying causes.
Since the early days,
doctors who specialize in trying to help Lyme disease patients have frequently been
subjected to formal complaints, typically initiated by the health insurance
providers who do not want to pay for treatment and who have the CDC’s denial on
their side, often leading to the suspension or revocation of their licenses to
practice medicine. Often out of fear, as well as the lack of information,
general practitioners generally throw up their arms or grasp at any diagnosis
that might explain away the classic symptoms, uselessly prescribing
painkillers, steroids, or perhaps a short dose of antibiotics.
My
Journey
In my case, over the course
of decades of occasional tick bites, primary care physicians repeatedly told me
that I tested negative (the nearly useless ELISA tests) and explained away my
symptoms. Pain in my hands was written off as rheumatoid arthritis, being
continually tired was written off as chronic fatigue syndrome (an imaginary
illness) and spending too much time in front of a computer screen, pain in my
joints was written off as “tennis elbow” and too much exercise, and pain in my
neck was written off as sleeping on a bad pillow. Due to a combination of a
very strong immune system and a high tolerance for pain, my symptoms were
generally manageable. On two occasions, when the fleeting pain in my limbs
became overwhelming enough for hospital emergency room visits, the puzzle
pieces were not assembled and there was no diagnosis.
It was not until early in
the summer of 2019 that I experienced a flare-up of most of the classic
symptoms of Lyme disease – including the definitive rash – after being aware of
another tick bite. Fortunately, it was a Sunday, so I went to a nearby urgent
care clinic, where the physician’s assistant on duty immediately recognized the
rash and symptoms, prescribing three weeks of antibiotics. I called my (former)
primary care physician’s office afterward, asking to be tested for
co-infections, and the office never returned my call.
On that first round of
antibiotics, after an initially violent immune system reaction, many of my
symptoms subsided, and I started an odyssey of reading everything I could find
on the subject of tick-borne diseases. Certain that I was suffering from
co-infections, I searched out a nearby specialist who ordered what are probably
the only blood tests that are truly effective at flagging antibodies to the
various diseases. The results indicated that I am infected with two active
strains of borreliosis (Lyme disease) and six serious co-infections, some of
which have been present and undiagnosed for decades. I am now on a long-term
treatment program that includes multiple antibiotics, probiotics, powerful
herbal regimens, and herbal compounds to support my immune system. (It turns
out that the roots of the invasive Japanese knotweed plant – highly revered in
Japan, Korea, and parts of China – are a miracle herb, higher in resveratrol
than anything else on the planet.)
I am probably one of the
fortunate few who are now on what is nonetheless a long road to recovery.
Tick-borne illnesses usually have a much more debilitating effect upon infected
children and the elderly, where symptoms are quite often misdiagnosed (and
mistreated) as Amyotrophic lateral sclerosis (ALS), Multiple sclerosis (MS),
Parkinson’s disease and Alzheimer’s disease. Part of the problem is that
different people have different symptoms, co-infections require different
treatments, and chronic (long-term) infections are much more difficult to treat
than acute (recent) infections.
A
Few Facts
Although usually referred to as insects, adult
ticks have 8 legs and are actually arachnids, more closely related to spiders.
All types of ticks are infected, not just one
as was originally believed. This includes hard-bodied ticks, soft-bodied ticks,
deer ticks, dog ticks, and every other type of tick.
Most ticks carry a laundry list of infectious
bacteria, not just the Borrelia burgdorferi that cause Lyme disease.
The same diseases can also be carried and
transmitted (though less commonly) by mosquitoes, biting flies and fleas.
Infected ticks are endemic throughout the United
States (and most of the world), not limited to New England, the Mid-Atlantic,
Upper Midwest, and West Coast as is often believed.
A tick can transmit the disease spirochetes
into your bloodstream within 10 minutes, not the 24-36 hours that is commonly
believed.
The Borrelia bacteria are spirochetes, highly
adaptive organisms that respond to antibiotics by evolving into resistant cysts
and forming biofilms.
The bacteria spend little time in the
bloodstream, finding their way into ligaments (hence the common joint pains)
and tissues, favoring the knees, brain and heart.
You can be infected by a tick in any stage of
its development – larval, nymph, or adult.
Ticks most commonly feed on mice and deer;
however, they are known to feed on well over 100 host types, including lizards
and birds. Migratory birds have helped to make the diseases endemic. Check your
dogs and cats when they come in from the outdoors!
Lyme disease is not new. Remember the 5,300
year old ice mummy found in the Austrian Alps back in 1991? That corpse
contained Lyme disease DNA.
Ignore the conspiracy theories and quack
cures found on the Internet.
Sounding
the Alarm
If you run a campground, you
are probably spending a significant amount of time outdoors doing things like
raking leaves, cutting brush, and cleaning sites. Perhaps you hunt, fish, hike,
golf, or pursue other outdoor activities in your leisure time. Ticks prefer
moist woodland environments, tall weeds and grasses, edge zones (such as the
roughs on a golf course), and places such as stone walls and wood piles. If you
are spending time in any of these environments, it is recommended that you
treat your outer clothing, footwear, and camping gear with permethrin solution
which will kill ticks within 10-20 seconds. It is also recommended that you use
an effective tick repellent when outdoors. DEET is commonly recommended, but
there are equally effective herbal compounds that are safer to use.
Whether or not you
are aware of having been bitten by a tick, if you are experiencing flu-like
symptoms, pain in your joints (particularly knees and elbows), pain that seems
to migrate from one part of your body to another, headaches, a stiff neck, swelling
in your knees or other joints, a feeling of always being tired, or memory
problems that are often described as “brain fog,” seek out a Lyme disease
specialist. Lyme-related diseases represent one of the fastest growing
epidemics in the United States today, and they are not to be taken lightly.
I recently wrote how one of
the biggest mistakes was to have a website without the advantage of running
Google Analytics. It is a free tool, it is easy to install, and it provides a
wealth of extremely valuable information regarding a website, its traffic
sources, and much more. I have also learned over the years that most people
never take the time to actually review the data now at their fingertips, or
they get lost in the sheer volume of all that is available. I have often spent
20 minutes on the phone with a client when both of us are logged into their
Google Analytics account, walking them through the process of what to look for
and where to find it. Let me attempt to take a similar approach to guide
readers through the process.
Is
it Installed?
Prior to proceeding any further, you need to confirm that Google Analytics is actually installed and running on your website and that you have been set up with user access. Ask your webmaster. If either you or your webmaster are uncertain (and it is not a good sign if your webmaster is uncertain!), view the source code on the Home page of your site by right-clicking on the page and choosing “View page source”. Then search the page’s source code for a string of text that begins with “UA-”. This will show you the Google Analytics tracking code and script if it is installed, usually near the top or the bottom of the page.
Presuming that Google
Analytics is installed and running on your site, you also need to be set up as
a user with access to the account. By only being accessible to authorized users,
you are prevented from allowing just anybody to access this data, particularly
your competitors. Once you have confirmed that Google Analytics is installed
and that you have been set up with user access, it is now time to log into your
account to sort through the mountains of data.
Changing
the Default View
When you reach your Google
Analytics Home page, you will be shown a snapshot that includes active users
(the number of people who are on your site right now) and a summary of some of
the basic data compiled over the past 30 days. Although it is fun to see the
number of active users on your site, along with which pages they are visiting,
this information is generally not as useful as cumulative data. To get into the
detailed data, click on the “audience overview” link. By default, this is going
to show you a graph with daily traffic counts over the last 30 days; however, I
think that it is generally more useful to chart the previous year’s traffic. In
the upper right of the page, click on the down arrow to the right of the date
range, then choose “custom”. There will be two date boxes, with the one on the
right showing yesterday’s date. Change the date in the box on the left to show
today’s date last year. While you are there, check the box that says “Compare
to previous period”, then click “Apply”. I suggest that you continue to graph
your data on a daily rather than weekly or monthly basis.
Sort
the Wheat from the Chaff
Because most campgrounds are
seasonal businesses, the annual graph is likely to look like a rocky roller
coaster ride. For parks in northern states, the lowest traffic volumes will
probably occur in December, after your park has closed for the season, people
are more concerned with holiday shopping than where to camp next August, and
the winter camping shows have not started to spur new interest in camping for
the following year. You are also likely to see occasional spikes in traffic
that may coincide with marketing efforts such as camping shows, investments in
advertising campaigns, or links that appear in social media or review sites.
The overview data will display the number of users, new users (people who had
not previously visited your site during this time frame), sessions (which
accounts for users who visit your site more than once and which is directly
related to the number of sessions per user), pageviews (a cumulative number),
pages per session (where you want people to visit enough of your site’s content
to progress to your reservations page), the average session duration (where
more time is more likely to persuade), and bounce rate (worthless traffic,
generally bots that visit a single page on your site for a total of 0 seconds.)
Because you have elected to compare data to the previous period, every set of
number will be accompanied by a percentage showing an increase or decrease from
the previous year, a useful demonstration of overall trends.
Refer to the “Reports” in
the left-hand column, then scroll down to Audience > Geo > Location, and
you will reach a world map and summary of demographic information. Your primary
source country for traffic will undoubtedly be the United States, but it is
also useful to know if you have significant amounts of traffic from beyond our
shores. Click on “United States” (or the U.S. on the map) to open or zoom into
a sequential list of the states that are sending you traffic. You can also
click on any state to see the clusters of cities and towns within the state
that are sending you traffic. With Google Analytics, you can click on almost
anything to open a more detailed breakdown. Do you want to know if your
participation in a camping show or advertising in a local newspaper provided
you with a return on investment? This is one place to look.
Scroll down again to
Audience > Mobile > Overview, and you might be surprised by the increase
in traffic from users of mobile devices, generally coming at the expense of
users of desktop (including laptop) computers, with tablets generally never
gaining a significant amount of traction. If your site is not mobile-friendly,
here is proof that it is losing you income.
Traffic
Sources
When you are driving down
the highway, the last thing you want is to encounter traffic; however, when you
have a website, traffic is mission critical. Scroll down to Acquisition >
All Traffic > Channels, and it will not be surprising if your primary source
of traffic is organic search on Google. Although the results will show a list
of the most important search phrases that have been used to actually reach your
site (and which should influence the keywords in use on your site or chosen for
any paid advertising campaign), the highest number will probably be “(not
provided)”, which represents tracking data that Google was unable to gather,
generally because the user was logged into Gmail or another Google Account
while performing their Google search. When this occurs, the search is conducted
over SSL and the search query data is hidden. Hopefully enough actual keyword
numbers are shown to still provide you with the useful information you need.
Pennies
from Heaven
Scroll down again to
Acquisition > All Traffic > Referrals to see the other sources of traffic
to your site. The top of the list will probably include your state association
website, various campground review sites, Good Sam, state and local tourism
websites, Facebook, Yelp, and local businesses with reciprocal links to your
site. Once again, these numbers will help to justify your involvement with any
paid advertising programs on referring sites. Although there may be costs
involved in Good Sam advertising, your state association membership, and your
membership in your local chamber of commerce or tourism association, their
websites are targeting your market demographics and are likely to send you
significant amounts of traffic that far outweigh your out-of-pocket costs.
These are only a few tips in
the process of discovering what Google Analytics can do for you. There are
hidden treasures to be found with many other clicks, but you will never
discover them if you do not log into your account and put it to work.
The biggest mistake that
many small business owners might make would be to build and maintain their own
website. Sure, companies like GoDaddy, Wix, Weebly, and Vistaprint make it look
like an easy task that anybody can handle, but do you simply want a website or
do you want a website that can effectively compete online? Playing part-time
webmaster when your business is at stake is clearly an example of being penny
wise and pound foolish.
The next temptation is to
hire one of the thousands of amateurs who hang out a “webmaster” shingle simply
because they can navigate their way around the basic use of a CMS website
building platform. That might be the computer repair shop in town that is
trying to keep itself busy or even a family member or that “nice kid who knows
a lot about computers” down the road. Inevitably, these people know very little
about how to generate effective online buying decisions, and they absolutely
understand zero about your particular business and its competitive environment.
Whether you insist on
building your own site, or whether you simply want to keep an eye on your
webmaster, there are a few common mistakes that you will want to avoid. Usually
these mistakes are errors of omission, but they can also be reflections of
careless work habits.
Ignoring
Mobile Devices: Checking the Google Analytics of two client
websites in recent days, I was astounded to see that over two-thirds of traffic
was now coming from users of smartphones, with conventional desktop and laptop
computers coming in third to tablets. If your site is not mobile-friendly, you
are turning away a tremendous portion of your market. Do not be deceived by the
fact that almost any website may be viewed on a smartphone. There is a big
difference between being able to view a site and actually engaging in a
non-frustrating experience. Has your site abandoned the use of Flash (a popular
way to present dynamic website content until support was dropped by iOS and
Android devices), is content scaling down to the size of the display, does the
navigation work with pudgy fingers, and can users tap a phone number displayed
on your site to initiate a phone call?
Google
Analytics: Yes, that comes next on the list. One of the
biggest mistakes that can be made is to have a website without the advantage of
running Google Analytics. It is a free tool, it is easy to install, and it
provides a wealth of extremely valuable information regarding the visitors to
your site, traffic sources, and much more.
Using
Templates and Ignoring META Content: I am amazed at how many
website titles display as “Just another WordPress site” because the webmaster
did not take the minimal time and effort (or perhaps did not have the
knowledge) to substitute an appropriate keyword-based title for the default
template setting. A site’s title tag is critically important in organic search,
and nobody is ever going to search for the term “just another WordPress site
campground”, so it should be clear that having that as your site’s title will
put your park at a severe disadvantage. Without naming names, I just found
campgrounds suffering from exactly this failure located in Wisconsin Dells, WI;
Marcellus, MI; Crossville, TN; Antonito, CO; Fletcher, NC; and Calvert City,
KY.
ADA
Compliance: Many of the factors that determine whether
or not a website is ADA compliant involve the same META content that search
engine robots love. These include image ‘alt’ tags and a site’s language tag.
Other factors are part of a site’s mobile-friendliness, including scalable text. Your site should also
maintain a proper contrast ratio between text and background colors, the site
should be navigable by keyboard, and videos should be captioned. Very importantly,
let people know about any accessible accommodations and facilities at your
park.
Orphans:
I
am not talking about Mickey Rooney and Boys Town. I am talking about pages on a
website that fail to link back to the other pages of the site. Sort of like a dead
end in a corn maze or a hall of mirrors, orphan pages are very frustrating to
site visitors.
Broken
Links: Formula 409 is a well-known cleaning and degreasing
product that has been around since the 1950’s, but 404 error messages on a
website are about as popular as a “door-buster” item at Walmart that is out of
stock the moment the store opens and the sale begins. People see these
frustrating messages when they click on a broken link, typically because a page
has been deleted without updating its incoming links.
Unencrypted
E-Mail Links: You would not display your credit card
number on a poster in Times Square, and you would certainly not hand out keys
to your home or automobile to total strangers, so why would you display an
unencrypted e-mail address on your website? Without encryption, the message to
e-mail address harvesting spam robots is “Here I am. Come get me!”
Broken
Graphics: One of the telltale signs of a beginning webmaster is broken
graphics. If graphics are linked to files on a local computer, they will appear
normally, but only on that computer. Anybody accessing the page from any other
device anywhere in the world will see a broken graphic link.
Slow
Loading Images: Have you ever visited a website, only to
watch images slowly loading, as if they were being slowly painted onto your
screen? Almost inevitably, it is because the person maintaining the site has used
enormous photos on the pages then has those images being scaled down to size by
the browsers of end users. The enormous files are being needlessly downloaded,
then resized, when properly sized and optimized images would have loaded
immediately.
Out of Date Content: You
would not buy a gallon of milk that was past its expiration date, would you?
Well, why would you expect people to “buy” what you are selling on your website
if its content looks like it is way past its “best used by” date? Specifically,
rates and schedules should show the current year. Particularly when it involves
pricing, nobody wants to make a buying decision when there is pricing
uncertainty.
These are only 10 common
mistakes that webmasters frequently make. The overall best advice is to avoid
working with that webmaster in your mirror (or that clever kid down the road)
and to choose one of several professional companies that understand the
campground industry and with reputations you can trust. You have better things
to do than look for mistakes on your website … or to deal with the consequences
of those mistakes.
I have always had an
affinity for small family-owned businesses. I was raised in a small business
environment, I own and operate a small business, and most campgrounds are small
businesses. My favorite clients are probably otherwise known as Mom and Pop.
What we have in common is a willingness to work endless hours and the ability
to wear a variety of hats during the course of the day.
My small business experience
began during my early childhood. My father’s business was located on the same
parcel of property as our home, and I was fortunate enough to be able to
appreciate the continuous overlap between our family life and business.
Sometimes it’s just in your blood to control your own destiny and be your own
boss, although you quickly understand that you are actually working for your
customers. My father was one of 10 children of French-Canadian immigrants who
built their lives out of virtually nothing, and most of his siblings were also
small business owners.
In my father’s instance, his
destiny was in the wholesale produce business, leaving high school in his
junior year when he was offered a partnership in an existing business that he
grew into that home-based business and a warehouse that was built the year I
was born. When I was in grade school, I could not wait to return home in the
afternoon to see what chores I could be assigned in the warehouse, even though
most of the activity took place much earlier in the day. When I was a 16-year-old
high school student, I remember getting my driver’s license one morning and
being sent off by myself in a truck to pick up a load of butternut squash that
afternoon at a farm in the next county.
What I learned from my
father I also see when observing my clients at work and fellow vendors at trade
shows. In addition to the aforementioned commitment to long hours, I find that
the key ingredients to success are a commitment to quality, a willingness to
take risks, and the ability to innovate. Above all else, it involves a total
dedication to the needs of your clientele.
My father’s customer base
consisted of a combination of small businesses and larger commercial enterprises.
Those customers included corner grocery stores (and later convenience stores),
supermarkets, restaurants, caterers, schools, hospitals, nursing homes, and the
commissary at the nearby air force base. At an earlier time, before I was born,
truckloads of produce would be driven non-stop to be unloaded into the backs of
transport planes that were part of the Berlin Airlift.
As times changed, my
father’s customer base changed. In 1958, the “Chef” potatoes that were peeled
and prepared by hand in virtually every food service operation in the country
were suddenly replaced by the frozen French fry. Three railroad carloads of
Maine potatoes sat and rotted in a new warehouse expansion that had been built
specifically for their short-term storage. The crystal ball was not always
crystal-clear, and the risks involved in the perishable food industry have
always been enormous. It was important to explore new product offerings and to
respond to new customer demands. Exotic fruits were introduced, and ethnic
Asian and Hispanic businesses had demands for produce that had been previously
somewhat “foreign”. Soon thereafter, organic produce became a major product
line rather than merely a niche.
In every instance, it was
important to not only respond to customer demands but to attempt to forecast
that demand, influencing it through marketing that was based upon inventory of
a highly perishable product line. It was also important to source produce as
locally as possible, at least on a seasonal basis. Although primary sources of
supply were large regional distribution centers (in our instance, Boston) with
railroad sidings and easy highway access, every effort was made to buy directly
from local farms during their harvest seasons. Freshness was mission-critical,
along with same-day delivery – usually within two to three hours.
In the years since my family
business experience, the produce industry – like the campground industry – has
changed dramatically. Large buying groups were designed to eliminate the
middleman, with large supermarket chains and food distribution networks like
Wal-Mart, Whole Foods and Costco having the power to buy direct, providing
their own transportation, warehousing, and distribution network. For the
smaller buying organizations, the integral role that was played by wholesalers
such as my father’s business was replaced by much larger food distribution
companies such as Sysco, U.S. Foodservice, Performance Food Group, and Gordon
Food Service – each of which maintains dozens of distribution centers
throughout the United States.
With all of this background
in my blood, it is easy to understand how I have an appreciation for smaller
small businesses, and campgrounds provide a very natural fit. Fortunately for
campgrounds, the vendors within the industry provide a myriad of opportunities to
work with businesses that are similarly sized – or even smaller than most
campgrounds themselves. I would encourage you to maintain loyalties with
vendors that have proven their reliability and commitment, thinking “small” or
more “local” whenever it makes practical sense.
As I walked the halls
of industry trade shows in recent months, it was easy to spot not only new
vendors within established product and service categories, but also several
startup companies with new approaches to old ideas, as well as some with
entirely new ideas that might benefit your business. Be open to considering
what they have to offer, understanding that they may or may not offer any
advantages whatsoever over working with proven performers. Ask them to share
their visions, explaining the problems their businesses are designed to solve,
and giving them an opportunity to listen to you. Generally speaking, vendors
who take more time listening and getting to learn about your business, rather
than telling you about their products, are the ones whose trust you want to
establish and maintain for years to come.