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?

 

Tony Hirsch
Hirsch Claims & Risk Services

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.