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#1
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My local club seems utterly confused by ACA and their proposed rate
increases. Is this situation common to all paddling clubs? |
#2
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#3
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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. I don't know if paddling is any more hazardous than playing baseball. What do baseball clubs use? |
#4
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#5
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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. |
#6
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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 availablity of liability insurance on a club trip probably increases the likelyhood of being sued, although I still can't find a case of a paddling club being sued by a member or participate. 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. 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. Nowdays I paddle mainly with a highly disorganized but fun club. Larry 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 - |
#7
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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. [...] So is this "Common Adventure Model" a legal concept or document or what? Thanks. |
#8
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Well, you might try our clubs model. We decided to forego the PAC
membership since most of it wasn't very relavent and instead became an Affiliate member. No real advantage but it still gets you access to the insurance program. Instead of trying to get every member of the club to join, we just charge the event membership to anyone that doesn't have an ACA number. The only real strong point of the ACA is instruction and safety. Their insurance program allows instructors protection that just isn't available commercially. And if you do have an ACA certified instructor, you have some clue to the level of competence that he has acquired. We don't insure any club trips, although one club that I belong does sometimes. As a SWR instructor, I follow liability issues fairly closely. As far as I or my fellow instructors can find, there has never been an incident that involved a club trip and an injury that resulted in a lawsuit. IMO, Liability in paddling clubs is an issue that tends to get blown way out of porportion. Larry On Oct 28, 8:35*am, Brian Nystrom wrote: Disclaimer: I'm a member of one of the largest PAC clubs in the US, but the opinions expressed below are my own and do not necessarily reflect those of other club members or officers. That said... wrote: My local club seems utterly confused by ACA and their proposed rate increases. Is this situation common to all paddling clubs?Yeah, pretty much. It seems to me that they must have hired a former IRS employee as a consultant with the mandate to "make the fee structure as confusing as humanly possible". Frankly, when I see something this unnecessarily complex, it makes me suspicious that the real motive is to try to conceal the true cost from the clubs until it's too late. It's not as if the ACA has been above concealing things from their member club in the past. Remember the insurance debacle a couple of years ago? The ACA is one of the most unprofessional, inefficient, bush-league organizations I've ever dealt with. It seems that every year they come up with grandiose plans for club services that never come to fruition. Heck, it's taken them YEARS to get to the point where they can get membership cards out in a reasonably timely manner, yet now they think they can manage all of our membership mailings and fee collection? "Sure, sign me up and I'll take some of that swamp land you're selling too! What's that, my check is in the mail? Okee doke!" Of course, they have no trouble at all reaching deeper into our pockets every year, pretty much without fail. However, there's a limit to how much the ACA is going to be able to get out of the PAC "cash cow". IMO, the only thing they provide to clubs that's of any real value is liability insurance (unless you're into whitewater, Paddler magazine is a waste of good trees) and I'm not sure that it's worth what it's costing us now. We've been forced to increase our membership dues substantially over the past few years, due entirely to increases in what we have to pay the ACA. That has undoubtedly cost us members to other local, non-ACA clubs and we're probably one fee increase away from reaching the breaking point at which point we'll just drop our ACA affiliation. If they ever make their new Trip Leader certification mandatory, that will be the last straw for sure. 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. Is anyone from the ACA listening out there??? |
#9
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Larry C wrote:
Well, you might try our clubs model. We decided to forego the PAC membership since most of it wasn't very relavent and instead became an Affiliate member. No real advantage but it still gets you access to the insurance program. Instead of trying to get every member of the club to join, we just charge the event membership to anyone that doesn't have an ACA number. The only real strong point of the ACA is instruction and safety. Their insurance program allows instructors protection that just isn't available commercially. And if you do have an ACA certified instructor, you have some clue to the level of competence that he has acquired. I would differ with that last statement somewhat, as I've paddled with an ACA "Open water" instructor who is uncomfortable in 2' seas, has no endurance and won't paddle within 50 yards of a rock, except when landing. How this person ever got their rating is beyond me, but I've heard of several similar situations. We don't insure any club trips, although one club that I belong does sometimes. As a SWR instructor, I follow liability issues fairly closely. As far as I or my fellow instructors can find, there has never been an incident that involved a club trip and an injury that resulted in a lawsuit. IMO, Liability in paddling clubs is an issue that tends to get blown way out of porportion. I agree. Our club has gone through a long and painful process of dealing with problems caused by a few "Chicken Little" types that scared us into getting overly worked up over risk/liability, despite the fact that we had never had a problem. While there have been some positive changes made due to the analysis we performed, overall it's done a lot of damage to the club. Ironically, the people that screamed the loudest about risk/liability have all left the club, leaving others to clean up their mess. |
#10
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Brian Nystrom wrote:
Larry C wrote: The only real strong point of the ACA is instruction and safety. Their insurance program allows instructors protection that just isn't available commercially. And if you do have an ACA certified instructor, you have some clue to the level of competence that he has acquired. I would differ with that last statement somewhat, as I've paddled with an ACA "Open water" instructor who is uncomfortable in 2' seas, has no endurance and won't paddle within 50 yards of a rock, except when landing. How this person ever got their rating is beyond me, but I've heard of several similar situations. Brian, go to http://www.acanet.org/instruction/kayak_instruction.lasso and read the syllabi for the various ACA courses. There seem to be many stages of classes, especially in ocean kayak (which is essentially unknown territory for me, represented by all those articles in "Canoe & Kayak" and "Paddler" which I irritably skip). Recruiting volunteer instructors is always difficult, and most certified instructors (at least in the whitewater world) take the certification for volunteer activities, not to teach for pay[1]. Given that, and given that more certified instructors is good for the sport, as a whole, it makes sense to certify anyone who has mastered ***the specific skills (and any prerequisite skills, of course) covered in the course ***, and demonstrated the ability to actually teach those skills. Think of it as the "one-room schoolhouse" model, since, in the scope and scale of society that's kinda what our clubs are. The fourth-graders teach the first-graders to count. The sixth-graders teach the second-graders addition and subtraction. The seventh graders teach multiplication and division, the eighth-graders teach fractions. the 11th-graders teach geometry, and the 12-graders teach algebra. So, perhaps, in the progression of skills and classes set up by the ACA, the specific instructors you have observed are actually acting within the parameters of their certifications, even though they might be highly uncomfortable if asked to exceed those parameters. And always remember that, absent a few idiots who try to make a living by turning a recreational activity into a job, ours is essentially a VOLUNTEER activity and the standards are commensurately... uh, "flexible"? [1] this is a separate beef of mine: that I have to pay ACA an additional annual fee to retain my Swif****er Safety and Rescue certification... PAY for the privilege of giving away several perfectly good weekends to VOLUNTEER to teach something that we all hope every paddler will learn? How twisted is that? ACA oughta be giving FREE memberships to anyone who will take the trouble to become certified then give up the time to teach safety and rescue. -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 ================================================== ==================== |
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