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We're
currently working on a new and improved newsletter.
Below, we've compiled our Top 5 Things to Think
About from previous communications.
#1 Public Skating
Challenge
Make certain you're using our risk management
suggestions to reduce public skating losses. Although
Richardson Group-insured rinks do not have many
losses, the ones we do have are public skating
related.
#2
No More Rink Rules
In one of our recent letters, we encouraged you
to get rid of your rink rules and replace them
with the new Responsibility Code. If you offer
any public skating at all, you need to post the
Responsibility Code so we can better defend you
should you have a loss.
#3
Post A Waiver
It's a good idea to have waivers signed when renting
skates. We do understand, however, that this is
not always easy to carry out. What can help: a
waiver posted next to the skate rental shop. (Please
call 800-990-RINK if you'd like one we've developed.)
Although the posted waiver is not as effective
as a signed waiver, it does add to our ability
to defend.
#4
Embrace Tickets & Wickets
Another risk management technique we've mentioned
in the past is the use of ski industry type tickets
for public skating. With the help of some friends,
we were able to contact one of their major ticket
and wicket suppliers. Please call 800-990-RINK
for further information.
#5
Talk to Us
Your input is very important. Let us know what
works and what doesn't. Our goal is to keep your
losses low and your premiums reasonable!
Why
Do We Request Signs?
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Tony
Hirsch
Hirsch Claims & Risk Services
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I would be remiss if I did not first talk about
the value of the License Agreement before I move
onto the value of proper signage around your rink.
Remember anytime you have an insured group coming
into your rink, you need to secure a properly
executed License and Hold Harmless Agreement.
This document allows your rink to transfer the
risk to the user group.
This,
by far, is the best risk management tool you have
at your disposal. The Rental Agreement spells
out what the rink is responsible for, but more
importantly, it spells out that the user group
is taking responsibility for the activities of
their group while at the rink. Also it gives your
rink defense and indemnification, if you are named
in a lawsuit. Always secure a License and Hold
Harmless Agreement with any user group.
Now I would like to go into why we request you
utilize proper signage around your rink and concentrate
on how they apply to public skating. If you recall
one of the changes we made several years ago,
was to eliminate rink rules and go with your responsibility
code. The reason for this is rules require enforcement
and documentation of the enforcement. The responsibility
code puts the compliance on the user and eliminates
the duty of enforcement on the rink. This is a
proven way to deal with the general public and
allowing them to understand their responsibility,
while using your facility.
The Admission ticket for public skating should
capture the wording and emphasize the skater’s
assumption of the risk. This has proven very beneficial
to the industry, as it allows the user to understand
there are inherent risks to the sport. This also
allows them not only to be aware of the risk,
but also accept them when they decide to venture
out on the ice.
The
Skate Rental sign reaffirms the inherent risks
of the sport and the acceptance of those risks
by the user.
When
considering the sport of hockey a warning sign
is posted advising Hockey is an active and fast
moving game and the general public should pay
attention to the puck at all times. This puts
the responsibility for paying attention, on the
general public. This is not a bar from recovery,
but it is one more sign that warns the public
and allows us to use it in defending your rink.
The
rink operator needs to ask what is the value of
having all these signs. It was recently discussed
at a seminar we attended that the signage is useless
and the rinks should have rules. This is contrary
to what we have been preaching for the last ten
years. We have spent a great deal of time and
money perfecting this program, so it will work
for you, if your facility is sued. It is a fact,
that the responsibility code and the way it is
written allows the jury to see what the user’s
responsibilities were and if they breeched them.
If you used rules, those would be looked at differently.
Rules need to be enforced and no responsibility
is placed on the user. In fact the rink can be
held liable for not enforcing the rules. Any decent
attorney, who deals day in and day out in the
court room, will tell you signs are made to not
only inform the user’s, but to educate the
jury at time of trial. Without the signage and
code, the jury would have nothing to base their
decision on, other than the event itself. Signs
are posted to allow us to defend your facility
and allow the jury not only to listen to each
side’s version of the incident, but also
give them the opportunity to have something concrete
to view for the entire trial. Yes, the signs keep
the inherent risk of the sport and the assumption
of those risks in front of the jury for the entire
trial.
In
summary, the signs and code is your best friend
if a claim is ever presented against you.
Please
feel free to contact us to discuss this approach
at your leisure.

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