I am or have been a member of at least five paddling clubs. Most clubs collect a liability waiver at the time a member joins, and it is done.
One club, and it happens to be the one I most frequently paddle with these days, requires a fresh, paper, signed, waiver for every trip. Well, almost every trip. They are a bit inconsistent, since they have standing, weekly paddles, for which they require only one waiver per year, no matter how many times you paddle with that weekly group. The club says the waivers are required under terms of their liability policy.
If you belong to a paddling club, please let me know how your club handles liability waivers, if at all. I’d like to know if there are other clubs that require freshly executed waivers for every trip.
Most clubs I have been associated with have been insured through the ACA and use the standardized liability waiver form drafted by the ACA: I believe this waiver is required by the ACA for any event insured by the ACA:
Generally, a waiver would be required for each club organized event, especially if any form of instruction was involved or any fee was charged. This would include clinics, training trips, and most group paddles in which there is a designated “trip leader” or leaders. For a multi-day trip or event, one waiver would be required.
Some informal club pick-up trips in which there was no designated “trip leader” would not require a waiver.
Increasingly, traditional paddle clubs are being replaced by meet-up groups which tend to use a “common adventure model” (whether they know it or not). Paddling excursions undertaken by these groups tend to have a “trip initiator” rather than a “trip leader”. Waivers are much less likely to be required by these groups, in my experience:
The common adventure model can be good and bad. There is a greater sense of freedom and a lessor sense of regimentation, but much less assurance that those who show up for a trip have the fundamental knowledge and skills to safely participate, which can make things very interesting at times.
Not a member of a paddling club, but I used to be a state-licensed hiking guide. When I went freelance leading wilderness trips of all kinds(both off-trail, off-water and on) I put together a liability waiver that a lawyer friend eyeballed and said was fairly ironclad. I listed almost everything imaginable under the Sun that I could think of(from Lyme Disease to alligators, etc.) The attorney of course(being an attorney)came up with a number of things I didn’t think of/or thought too improbably trivial to include. But I never started a trip or agreed to take on any clients, unless they signed one. I told them of the waiver right up front from their first inquiry call, to re-reminding them before the actual day of departure rolled around for the trip. Many said “Yeah, no problem” on the phone during their first call, then later balked upon presentation of the actual waiver arriving in the mail or being presented by me in person. If they declined, I said “That’s okay. I will now gladly refund your deposit. Thank you very much for considering the outing.”
We now live in too litigious a society to operate “professionally” without one, especially when tripping with strangers. When tripping with my buddies, we all have a tacit understanding “I got your back–If possible.” But we are all agreeably cognizant that in reality it’s “Every man for himself.” We agree not to fault the others for whatever happens in Mother Nature. Now if I really, really wanted to go on a particular outing with any paddle club(not likely, but if)I’d just read their waiver very carefully, ask any questions I might have, and…go head and sign.
I have dealt with liability waivers in a variety of situations. Currently my understanding is that the ACA provides liability insurance to Paddle America Clubs or PACS provided they operate their events within the ACA guidelines which are posted on their website. They suggest that PACS submit their list of events for the year. They require each participant /leader/instructor to sign a liability waiver. Only one needs to be on file for the current year as long as the event the participant is engaging in is included on the PACS submitted annual event list.
Don’t take my word on it. Things change a little bit from year to year.
If you agree to visit the ACA website, understand that tdaniel’s interpretation of how aca liability waivers work is only his own opinion, and acknoweldge that he is not an employee of the aca please respond by posting below …otherwise this post is null and void and has absolutely no value to anyone who might be viewing this.
I visited the ACA site and agree to hold you harmless, tdaniel. //s// Rookie
Both my ACA skills courses required a $5 payment to cover insurance for non ACA members. Had to show my ACA card at the time the waiver was presented. The ACA offers liability insurance to affiliated club events at a discounted price, but I have no idea of the cost.
Local paddling meet-up uses one that includes odd language releasing the meet-up group from liability associated with an automobile accident while driving to or from an event. Michigan is a no-fault insurance state.
Waivers are a good idea, but they aren’t bullet-proof because state law varies.
That is a deep wade into the common adventure model. It does seem odd that the meetups don’t really ask for much in terms of waivers. Are they getting their selves in liability trouble? I have not heard that.
I know my club looked into insuring through ACA. I was told ACA is on a per event basis and that it gets expensive. And for waivers, I’d like to think I could agree to it just once, but, I guess if you want iron clad there is nothing like a piece of paper with a signature for every glorious event.
I’m involved in a couple of clubs that use ACA insurance for big events and training sessions, but not everyday trips. One requires that a waiver be signed at the start of the trip, the other does not. Since most people are not ACA members, getting the waivers and collecting the ACA fee can be a pain. I don’t know any club around here that does that for every trip. AMC functions a little better since most people on those trips are AMC members anyway, so the fee is not an issue and getting the waiver signed isn’t such a big deal.
Most of the trips that I go on are common adventure with people I know, or people who know people I know.
the key word here is “event”. We run our clinics like “events” because the “instructor volunteers” are for the most part are not aca certified instructors and the clinic curriculum varies a bit from the aca model. Fees are collected, and there is an expectation on the participants part that they will get instruction and supervision. As a club we are investing in instructor training this Spring to raise the caliber of our instruction. The other event that we use waivers for is when we host the National Youth Science Campers on the upper New River. That requires presigned waivers for minors in additional to all the adults. We use the aca waiver and we also have a specific club waiver. We don’t use waivers for pool sessions, meetings, or “wildwater weekends” even though these are preplanned “events”.
The vast majority of club “trips” are not considered events. They occur on a message board where participants “hook up” for trips- a bit like the forum on paddling.com.
We do have a few preplanned, prescheduled, club paddling trips- they have a coordinator, but they still operate under a common adventurer banner so liability/insurance waiver is not used. These trips have been diminishing over the years in favor of message board trips. We have a very active local message board that serves my and most other club member needs well.
Ninety-five percent of my paddling is done with club members, only 5% of that 95% of paddling requires a waiver. If fees are collected it is often considered an event and often a waiver is required.
Not even a waiver can protect you from negligence. A “standard of care” should permeate all you do. Bottom line, it is no fun when a buddy dies- paddling has inherent risks but you need to minimize them.
Waiver’s are about putting into writing that participants understand those risks and also address the limitations of the people providing leadership. That can be a requirement of people who manage venues- National Park Service, YMCAs etc. rather than the organization itself.
Does anyone know or can cite instances where from the ACA website the “ACA’s Liability Insurance Program protects paddling clubs, affiliate organizations, ACA members and ACA-certified instructors against liability claims brought by paddlers (or their family members) who have been injured and are seeking compensation for their injuries. This insurance will pay the costs of defending against an allegation of liability, including lawyer fees, and will also pay damages, up to the policy limit. Your event/course must be properly pre-registered in order to qualify for the ACA’s Liability Insurance Program.”?
I wonder how many times the ACA has provided legal assistance?
That is a deep wade into the common adventure model. It does seem odd that the meetups don’t really ask for much in terms of waivers. Are they getting their selves in liability trouble? I have not heard that.
I know my club looked into insuring through ACA. I was told ACA is on a per event basis and that it gets expensive. And for waivers, I’d like to think I could agree to it just once, but, I guess if you want iron clad there is nothing like a piece of paper with a signature for every glorious event.
I think part of the intent of the common adventure model is to reduce liability for trip initiators/organizers. Assuming the role of “trip leader” suggests that there is an implied contract between the leader and participants which assumes the trip leader will provide appropriate guidance and supervision, if not actual instruction. An unfortunate incident resulting in injury or death can be made to suggest that the trip leader did not responsibly fulfill these obligations, and is therefore liable.
The potential liability is increased if the trip or clinic participants pay a fee. Traditional canoe/kayak clubs that I have been involved with have typically had spring or early summer paddling clinics and pool sessions. They usually also have a number of ACA certified instructors. Dues and fees are required to provide these types of services. Pool facilities must be paid for. Training and re-certifying instructors entails considerable expense. The ACA certification classes are not cheap, and additional travel and lodging expenses for the instructor candidates are usually incurred. ACA certified instructors with the canoe clubs I have been a member of usually make no money instructing at clinics, but hope to have some of the personal expenses of getting and remaining certified reimbursed by the club. So all of the traditional paddling clubs that I have been involved with that held clinics and paddling schools have all charged a fee for the event as well as yearly dues. And as a result of the additional potential liability that resulted, they have all required waivers be signed by participants.
I know of at least one small paddling club that was voluntarily dissolved in the early 1990s on the advice of an attorney who felt that the club officers might be potentially liable for accidents. This was in the sue-happy Northeast and the club was too small to afford the insurance that was available at the time.
The common adventure model is more like “a bunch of guys and gals who just got together to paddle.” The meet-up group paddles that I have been involved with have typically been initiated by an individual who suggests a time and place to meet. People then show up or don’t. There really isn’t much in the way of guidance or supervision and people are free to sort of do what they want. Sometimes a fee is charged to reimburse a trip organizer for lodging expenses, and I have seen a very nominal fee charged (like $1) for group paddles to defer the cost of maintaining a small website to announce trips and provide for communication. But the trip organizers have been careful to make sure they could demonstrate that they derived no personal fiduciary benefit for their services.
One uses the common adventure process, but does have a waiver you fill out each trip. The waiver mostly reminds people of the common adventure process, and also is used as a check in/out process (has things like what color your boat is, car license plate, etc.). The club also has a waiver you fill in once when you become a member - this used to be annually, but not seems to be once only.
The other club uses ACA, and posts out trips as club members only which would be insured under ACA, or non-club paddles which are uninsured. This club some 5 or 8 years ago some sort of battle among board members when they brought in lawyers for review and some strict requirements were proposed. Big drop in membership after that. Seems to be mellowing out now.
Hey Andy, I don’t know of any instances where the aca’s liability insurance was actually used but I only see my little piece of the puzzle. Just about every rafting company here in WV has been involved in some sort of settlement,
Unfortunately, the club that I belong to has had two members die in paddling accidents. No litigation, but a real tragedy for all involved,
Knowing firsthand the inherent risk of paddling, and ww in particular, I can’t fathom why any organization would knowingly provide instruction or supervison without some sort of release or waiver and insurance. The aca guidelines help keep paddlers safe.
I like the way the Watersedge Kayaking meetup handles the liability waiver. If you RSVP to go on a Watersedge trip a waiver pops up, which you have the choice to accept, or cancel your RSVP. It makes it easy for the trip organizer, because everybody who signed up had to accept the waiver, and they don’t have to mess with collecting paper forms. I guess the only hitch might be paddlers that show up without registering, somebody’s guest or something.
I wonder how many times the ACA has provided legal assistance?
Can’t speak to the claims paid under the ACA insurance program, but paddlesport accidents in general are pretty rare. According to the US Coast Guard there were 230 accidents involving canoes or kayaks in 2015.
Even if they missed a lot of them, that is not a very big number. That compares to 2.5 million auto accidents in 2015. Not to discount the risks of paddling, but our time would probably be better spent taking safe driver training, since we are much more likely to be involved in an accident in our car than in our boat.
The common adventure model is more like “a bunch of guys and gals who just got together to paddle.” The meet-up group paddles that I have been involved with have typically been initiated by an individual who suggests a time and place to meet. People then show up or don’t. There really isn’t much in the way of guidance or supervision and people are free to sort of do what they want.
That might be the case with meet-up groups, but that is not my experience on how common adventure trips work in the context of more advanced trips (especially whitewater, but probably longer open water trips as well) with more experienced paddlers. I find that common adventure trips are run just like any other trip, except that there is shared responsibility rather than a single leader. Everyone is expected to have the skills and experience to run the trip successfully (or to fess up if they don’t so the group can decide if they want to take them along), and help when needed. Leadership is fluid, but there are definitely leaders. If someone knows the area, they take the lead in showing the group the route. If there’s an accident and someone has good rescue skills, they will take the lead on the rescue. Some of the best run trips I have been on are common adventure trips with experienced paddlers. I’ve never been on a meet-up group paddle, but I can see how they would have more of a “wild west” feel.
Am glad to know canoe and kayak accidents are low on the bell curve for deaths. I am especially wary on the post paddle drive home as I am both weary and dreamy from the water.
Hey waitaminute…Since 2007, I’ve “met up” with people from at least four different states through the Pnet “Getting Together and Going Paddling” forum–OMG!!! Should I have signed a waiver each time??? WAS I RISKING LIFE AND LIMB OR PERHAPS A LAWSUIT FOR SHOWING UP WITH AN UGLY PLASTIC KAYAK??? Help me, help me somebody, please!!! :o
I here that a lot- “driving is more dangerous than ww paddling”. i just don’t believe it. A lot more people drive than ww boat… In my neck of the woods most commercial rafting company’s have had at least one fatalitiy despite precautions and well trained guides. That speaks to the “inherent danger” of ww. That danger goes up as you venture into higher rated rapids…
Many major ww events have had river fatalities- Gauley Fest, Russel Forks, ALF to name a few. I’m not trying to freak anybody out but stuff happens. and thus the need for waivers, releases, and insurance. You can make the case that those are extreme events- but they are popular annual events.
U sually the percieved danger of ww is pretty high (crashing waves, holes) While whendriving the dangers may be less apparent. So I do believe that driving may be more dangerous than what we percieve but that doesn’t make it safer than boating in my book…
What I often see on the other end of the spectrum, with the rec boat crowd, is a disregard for pfd use, little understanding of water levels, and sometimes a complete lack of boat control- fortunately they almost always pick a much more forgiving environment to float… Kind of like driving with one hand without your seatbelt on but only doing it on uncrowded freeways or deserted parking lots…
Here’s what the cdc says. about drowning in general:
How big is the problem?
From 2005-2014, there were an average of 3,536 fatal unintentional drownings (non-boating related) annually in the United States — about ten deaths per day.1 An additional 332 people died each year from drowning in boating-related incidents.2
About one in five people who die from drowning are children 14 and younger.1 For every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.1
More than 50% of drowning victims treated in emergency departments (EDs) require hospitalization or transfer for further care (compared with a hospitalization rate of about 6% for all unintentional injuries).1,2 These nonfatal drowning injuries can cause severe brain damage that may result in long-term disabilities such as memory problems, learning disabilities, and permanent loss of basic functioning (e.g., permanent vegetative state).3,4"
