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Posted By James Fleming
Your comments welcomed here.
I am looking to organise a weekend event. On a river, going from point A to point B about 3 kilometres in length with about 7 major rapids.
In Scotland. Nothing like this has been done before, that I know.
The event is simple. Teams of two are timed from point A to point B and the quickest wins. The teams are separated by a time delay of 10 minutes with an average time of about 20 minutes to go from point A to point B.
I would be looking to charge people a nominal fee of about £10.00 for trophies and other sundries.
I would provide trained safety people at the more difficult rapids.
Some control measures would be as follows.
Those entering the race would have to sign a stiff disclaimer identifying that death or serious injury could occur.
An age limit would be set. No kids.
Those taking part would have to demonstrate they have the expertise of taking on such a river, through qualification or the like.
There would be about 20 trained and very experienced safety people marshalling it.
First aid would be on scene.
My questions would be the obvious.
Do I need insurance or as this is a non-profit event will what I have done be enough. If so is there anything I can reference it against.
If some one, heaven forbid, dies or is seriously injured, have I done all that is reasonably practicable to prevent it.
If one of the team members has to be rescued and one of the marshalling team assists (good Samaritan and all that) will they be liable?
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Posted By Mitch
Fell at the first hurdle, what purpose would a disclaimer serve?
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Posted By John J
Disclaimers do have some relevance if they outline some of the risks likely to be encountered.
I have successfully used them for claims against my paintball site were one individual tried to claim for bruising caused by paintballs and another tried to claim for a broken ankle. The risks were clearly defined in the disclaimer and individuals were able to walk away without participating.
They would not however cover us for one of our failings such as a gas bottle exploding.
John
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Posted By AF
Are you sure nothing like this has been done in Scotland before?
To my own knowledge, I experienced something similar with an adventure company based in Aberfeldy.
Dont get me wrong, I am all for encouraging participation in something we would not normally do, and get the old adrenaline flowing.
However sometimes these things are sometimes best left to the experts who do this for a living.
Try a google on "white water rafting in aberfeldy" and you may find this of some use.
May be worth your while giving them a bell to see what exactly is involved.
Alex
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Posted By James Fleming
John J. Some good stuff there. Thanks. What type of insurance do you have for the paint ball and where did / do you get it from.
AR. Okay there has been one event called the “Liquid Life” event on the River Tummel. “sometimes best left to the expert…” Whilst I do not do this for a living I have been in the sport for some 24 years, been to a lot of countries kayaking, qualified coach, qualified this and that also. So, I am not a novice and I have a wealth of experience. Whilst the company in Aberfeldy is quite good. This isn’t for them.
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Posted By MT
I think you should do a bit of reading on the Adventure Activities Licensing Service's website: http://www.aals.org.uk/index.php
Lots of good info there.
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Posted By TomP
Sounds fun....
I used to organise mountain bike races for a local club which admittedly is lower risk, but we had to ensure we were covered even when not for profit so just a couple of observations (by no means exhaustive) as enablers rather than ‘can’t do that cos of elf and safety’.
I would suggest as a start doing the dreaded risk assessment. Document how people could get injured then ensure you have put mitigation measures in place where you foresee dangers. As an example, you mentioned marshals for rescue so you would need to consider how they are to provide rescue, what level of training they had? Should they get in the water to do the rescue or can it be done from shore? Your best bet is to discuss the event with the White Water Rafting Association in Bala. This is right up their street and I am sure they would advise you on what to do.
I think you would need to consider public liability insurance and possibly employers liability (although this is not my area of expertise) as although no one is getting paid, you would be seen as an organiser. Charities often fall foul of the same regulation as even if you are not paying people, they could be seen as being in your employ. Ask yourself if one of the marshals drowned while rescuing someone else, what would you need? I would want to make sure I was insured and covered by adhering to guidance.
You would need to make sure all your marshals or rescuers are suitably trained and would check with the BCU. Off the top of my head you should perhaps ensure they have:
• BCU Whitewater Safety & Rescue
• Swif[expletive deleted]er Rescue Technician (SRT)
I agree you shouldn’t bother with a disclaimer. Carries very little weight in law.
My advice is be very, very careful but if you put the work in to make it safe, good on you…!!!
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Posted By Tabs
Good advice from TomP.
Disclaimer is often worthless, but a piece of paper describing the risks and hazards of the event is vital. You know the course, the event and the likely problems - you have a duty of care to describe these to those taking part.
Insurance is only needed to protect you from claims of negligence, and this is something you cannot shrug off with the participant's signature.
Think of the family left behind, and see if you can get all-event insurance - and add it to the cost of entry.
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Posted By Phil Grace
James,
I work in insurance. Others have said it - do NOT consider running this event without insurance. You must have Public Liability but you are not acting as an employer so will not need Employers' Liability.
As has been said you should start by doing a Risk Assessment - this should confirm that the measures you have decided upon are both sufficient and address all the likely risks.
Again, I'd confirm that against a claim from an injured participant a disclaimer will not protect you. But some form of sign on sheet outlining the risks is v useful.
Phil
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Posted By James Fleming
Phil, and others Thanks for all the pointers.
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