"Activity Liability Release Form"
Guides / Outfitters - Operations Endorsement This endorsement forms part of the policy to which it is attached effective on the inception date of the policy and must be signed and dated by the insured. It is a condition of coverage that any time Guides / Outfitters Operations are being conducted the insured will comply with the following operational guidelines. The insured agrees that each Guideline is material to The Insurance Company's decision to insure these operations. 1 Prior to embarkation, allowing a participant to take part in any activity or to use the equipment to participate in any activity, each participant and / or passenger will be required to sign the “Release of Liability” form, provided by the insured. In the event a participant or passenger is less than 18 years of age, his or her parent or (adult) legal guardian must sign the “Release.” The insured will ensure that this “Release” form, provided by the insured, is fully and accurately completed. 2 Proper signing must be posted and shall include but not be limited to, a brief explanation of adequate instruction on the safe use and operation of the equipment, verbal warnings of assumed risks and notification of local and State laws and requirements. 3 The insured will not allow any participant(s) to participate in any activity or use the equipment to participate in any activity when the insured knows, suspects or believes that those individuals are or may be intoxicated or otherwise impaired by alcohol and or drugs. 4 All applicable safety standards for the operations are to be followed at all times during activities. Each participant will wear safety equipment as required by the insured, applicable manufacturer, and as required by Federal, State, or Local law. 5 Employees must be properly trained and experienced in the operations. 6 The insured will inspect all equipment daily, prior to the commencement of activities. The insured will maintain and keep a written log of these procedures. Equipment, which a reasonable and prudent person would consider damaged and worn, so as to create a potential hazard to life or health, will never be used in activities. All equipment is to be checked by the insured or employees of the insured prior to use in compliance with manufacturer recommendations and guidelines. 7 All areas where participants are permitted must be maintained at all times. 8 Insured will have on each guest trip some form of emergency communication such as cell phone, radio or walkie talkies capable of summoning assistance from remote locations. 9 The insured will not allow the participation in any activity which is not a “Guided Activity”. Participants will be supervised by a guide or an assistant guide, with suitable experience during the time the facilities are in use. Guided Activities means that the activity is under supervision of the insured and / or the insured’s qualified guides / employees. 10 Insured will determine whether clients are properly attired for the activity and the weather conditions prior to embarking on the trip. Those not properly attired will not be allowed to participate in the activity. 11 The insured must have an emergency plan and have First Aid available. Employees must possess all relevant skills and knowledge of operations, including but not limited to; following established guidelines and safe operating procedures, exhibit proficiency in emergency techniques, capable of following instructions for the proper use of safety equipment and able to notify medical personnel. In addition, they must be able to clearly and adequately instruct the participants of proper emergency procedures that is expected of participants. 12 Guides, instructors, operators and employees are required to abide by all local, state, and federal laws relevant to this activity. 13 Insured will monitor all participants to avoid unsafe activities. 14 Guides and outfitter participants shall be given a safety briefing prior to commencement of activities. This safety briefing will be instructive, informative and should include: a. A description of the activity itself. b. The safety precautions while underway. c. The procedure in the event of an unexpected emergency. d. The proper use of hand signals where applicable. e. Precluding any participants who appear to be afraid or intimidated prior to their activity. 15 All concessionaires / bona-fide sub-contractors must maintain their own insurance for liability as covered under this contract or insurance for amounts and terms not less than stated in the contract of insurance. 16 Signed and dated waivers of liability and any incident /claims forms must be maintained on file for not less than three (3) years by the insured. 17 The insured will fully inform all employees of these requirements and agree to enforce them. I am either the owner of the business, or am authorized to sign on behalf of the designated insured, whether a partnership, corporation, or other form of organization, which has applied for Commercial General Liability insurance. By my signature below, I attest to the fact that I have read, understood, and agree to the stated terms, and conditions that are part of this endorsement. If insurance is offered to us this signed agreement will form a part of the policy. Submission to the insurer of this form or other information does not obligate the insurer to provide all, or any of, the insurance required not obligate us to purchase the insurance offered. However, if insurance is placed, we acknowledge that failure to abide by the terms of this agreement may lead to suspension of coverage, denial of coverage, and defense under this policy. In your handwriting, write the following on the lines below: “I have read and agree to follow the above at all times.” Failure to comply with any one of these Guidelines MAY render coverage under this policy null and void in the event of a claim. Authorized Signature of Insured Print or Typed Name of Insured Date RJ510 (03/06) Rev 04/08