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Larry C wrote:
Legally, I doubt that the title matters much. Even as "trip coordinator" you will have acquired certain duties, but as long as you are within the realm of "reasonable and prudent", the liability just isn't an issue. The real reason that liability isn't much of a concern is that most clubs and very few members have deep enough pockets to make lawsuits very attractive. In some sense, the availability of liability insurance on a club trip probably increases the likelihood of being sued, although I still can't find a case of a paddling club being sued by a member or participate. I agree with you and fortunately, it's never happened to us. I only know of a couple of injuries in the club's history and neither of those was during an "official" activity. Neither was particularly serious and neither person required professional medical care. To respond to Brian. 1. I've had pretty good luck on the whitewater side. Most of the instructors are very competent and pretty good teachers. I'm only certified in SWR, and while I sometimes disagree with subject matter and teach methods with some instructors, I have a lot of respect for the ability of every ACA SWR instructor I've met. I can't comment on the whitewater side of things, since I'm not into it, but I would think that the nature of the activity dictates that to be an instructor, one has to possess significant skills. I expected that on the sea kayaking side, but that doesn't appear to be the case. Apparently, one can be certified as an "open water" instructor without actually paddling on anything other than flat water, unless that's changed in the last three years. Apparently, there is no requirement to demonstrate skills in actual, typical open-water conditions, which is an utterly outrageous situation. In my mind, "open water" means one needs to be able to deal with wind, waves, rocks, surf and other boat traffic. We went through something similar to what your club experienced in another club I paddle with on occasion. A group concerned with liability decided that we needed to "Certify" trip leaders. Unfortunately, the people that proposed this rule weren't leading trips and those of us that did were often not local to the main body of the club and didn't really feel like driving 4 hours to take a seminar to teach us something we had been doing for years, especially since it was being taught in many cases by people that had little experience leading trips. I refused to take the seminar for years, I'm a certified SWR instructor, if that ain't good enough then I just won't lead any trips. I've tried to get that changed for a number of years, but with no success so far. We actually have our own trip leader training program that's designed the suit the needs of the club. It's quite different from ACA/BCU training and isn't meant to be a substitute for other instruction. We concentrate on organization, situational awareness, teamwork and weather assessment, which are not the types of skills taught in most paddler training. The only "hard skills" we teach are tows, rescues, close-in boat control strokes, launching/landing, etc. As I like to put it, our program is not designed to produce great paddlers, it's designed to produce great paddling experiences for the trip participants. This program suits the needs of the club and is actually more extensive (40 hours) than the training the guides for local businesses receive. There was a cadre of people in the club who pushed hard to make ACA/BCU training mandatory for trip leaders. Some of the same people started the risk/liability debacle. We hired a couple of professional risk consultants (one of which is a well-known paddler/kayak store owner/attorney) who ultimately gave us some very good advice, much of which has been implemented. However, it nearly tore the club apart, many members left and our trip calendar has suffered greatly. We're still in the process of recovering from it. Perhaps the best advice they gave us was that whether we implemented their recommendations or not, we should keep doing what we're doing, as it's good for the paddling community as a whole. Nowdays I paddle mainly with a highly disorganized but fun club. I see more and more of that, and it seems to be a natural progression, especially among "serious" paddlers. As paddlers become more experienced and skilled, it's natural that they want to paddle with their peers. You can't push your personal limits when you're leading a bunch of beginners on a trip. This leads to another observation of mine, which is that clubs are at their best when they're serving the needs of beginner-intermediate paddlers. They're the ones who need the structure and the increased safety that results from it. They benefit most from pool/lake skills sessions, navigation clinics and other typical club skill-building activities. While it's obviously necessary to have skilled paddlers in a club to lead and teach the "newbies", there's often not much in the way of activities for them specifically, as the risk of higher level trips can be too high to accept. Most of the more experienced paddlers in our club stay with it for the purposes of giving back to the sport what others gave to them when they were neophytes. On Oct 31, 9:51�am, "Oci-One Kanubi" wrote: Several of the clubs I'm affiliated with have shelved the concept of "trip leader". �They are now called "trip coordinators" and their formal responsibility ends when (1) the trip has been publicized in such a way that any member who takes the trouble can learn about it, (2) a rendezvous place and time has been established, and (3) the shuttle has been organized and run. When I organize a trip, after discharging these responsibilities, I ask if anyone wants to volunteer to be probe boat and if two people will volunteer to be sweep team (I don't organize trips on rivers where I am not willing to be either probe or sweep, so the worst case is that I probe and the rest straggle randomly behind). �Then I gather the group together, count boats, ANNOUNCE THE COUNT so that everyone (this is my story if I ever have to tell it to a jury) shares the responsibility for keeping count of the participants, and briefly go over the simple paddle- and whistle-signals, make sure everyone knows who the probe and sweeps are, and tell them that if they fail to keep between the probe and sweeps they cannot expect any help from the group. �Sometimes, if it is a large group and includes paddlers whose skill-level I don't know, I will ask everyone to pair off into buddy-teams so that if the count ever comes up short everyone can check for his buddy's presence, and we will quickly know who is missing, so that we can then get on to "who saw him last, and where?" �Then, I count boats all-too-frequently all the way down the river. �But I do all this in the capacity of officious busybody, not as "trip leader". -Richard, His Kanubic Travesty -- ================================================== ==================== Richard Hopley � � � � � � � � � � � � � � � � �Winston-Salem, NC, USA . � � � � � � � � � �rhopley[at]earthlink[dot]net . � � Nothing really matters except Boats, Sex, and Rock'n'Roll . � � � � � � � � � � rhopley[at]wfubmc[dot]edu . OK, OK; computer programming for scientific research also matters Brian Nystrom wrote: wrote: Brian Nystrom wrote [...] Most of the other clubs in our area have eschewed membership in the ACA PAC program and just go it alone. They rely on the principles of the "Common Adventure Model" for liability protection. To date AFAIK, none of the clubs or their members have been sued for anything that has happened at any of their club functions, trips, etc., primarily because their safety record is exemplary, as is ours. With the cost of insurance going through the roof, I suspect that CAM is the wave of the future. The question of insurance is the major issue. Our current club officers are very nervous about going to a waver scheme -- feeling that they would not provide any reliable protection for the club or the paddle leaders. The issue is how your trips are structured. If you have defined leaders, they will have increased liability. If your trips are "let's get together and paddle" affairs with no formal structure, they fall under the auspices of the CAM. As for your club officers, depending on how many there are and how many members you have, it may be cheaper to just buy a personal liability policy for each officer than to pay for ACA insurance. I don't know if paddling is any more hazardous than playing baseball. What do baseball clubs use? I don't know. I assume that they must have some form of insurance, but being a more mainstream activity, there are probably several sources for it, unlike with kayaking.- Hide quoted text -- Show quoted text - |
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