Newsletter has good ideas, but also misses the mark a littlePosted: November 14, 2012 Filed under: Insurance | Tags: AdventureTravel, Insurance, Jim Moss, Recreation-Law.com, Risk Management Leave a comment
Church Mutual newsletter needs a little clarification about allowing groups into your facilities.
The article was a newsletter to insured’s and interested parties to help them reduce their exposure to risk. The issue was a question and answer about how you deal with
groups that want to use your facility. There were three issues that I think need clarified.
The first was all groups that want to borrow, rent or use your space should provide the owner with a certificate of insurance. The quote was:
Once approved, all groups must provide a certificate of insurance from either a local or national organization as a condition of using our facility.
1. The Certificate of Insurance should be from a National Insurance Company.
2. The certificate of Insurance should name your facility or the owner of the facility as an additional insured on the certificate.
3. The certificate of insurance should also include a copy of the insurance policy. There are a lot of “fake” certificates of insurance and a copy of a policy allows you to call the issuing company and verify the insurance is in force.
The second issue was:
Small groups without insurance are required to sign a waiver stating that the group and individuals will not hold Presbyterian Church of the Master responsible for any injuries or other losses they might incur while on our property.
1. When a group signs an agreement that says the group will protect the owner of the property from claims, it is called a hold harmless or an indemnification agreement.
2. A waiver is a release signed by an individual before an accident releasing the other person from any liability.
3. A hold harmless or indemnification agreement without an insurance policy behind it is worthless. How many groups of “people” have enough money to reimburse you for a claim?
A better approach would be to have each person coming to the event at the facility to sign a release. Yes, it is a pain in the butt, but it is the only real protection you if cannot get a certificate of insurance and a copy of an insurance policy.
The best thing to do is make sure your facility is as safe as you can make it, any non-safe areas or not accessible and the place is clean. Better to not have an accident then it is to try to defend one. In a building situation, it should be fairly easy to have your facility inspected to make sure it is up to code, standards and the latest and greatest for your guests and others.
The final issue was the group using to facility had to abide by the “standards of use.” Have rules that the group agrees to abide by. Make sure the rules are understood. Do not use acronyms, explain everything. If necessary do a walk-through of the property and make sure the renters understand the rules.
Don’t expect the rules to be followed.
See Risk Reporter talks with Woody Burge about facility rental
What do you think? Leave a comment.
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