US SAILING

Risk Matrix


Suggested Documents and Risk Control/Coverage for Sail Racing

by US SAILING Legal Committee

The Legal Committee serves the Board of Directors of US SAILING.  The Legal Committee is not tasked to serve the general sailing public.

However, with the constant rotation of officers and volunteers in racing sailing organizations across the U.S., continual training in Risk Management is needed.  Furthermore, when bringing new sailors into the sport, they too need a starting point.  This information is not intended as legal advice, but a road map to help get you where you need to go.  This information is designed for people involved in the sport of sailboat racing and it is not designed to include all of the potentials of operating a club, program or school (food service, bar, employees, etc.) as it focuses only on racing.

The most common request we get is to publish a standard waiver.  This is an impossible task for the reason that each State has laws that validate, invalidate, or specify what components should be in a waiver.  So to provide a standard waiver, we would have to provide 50 of them (unintentionally excluding our member organizations in the U.S. possessions and territories).  As the laws change in each State, constant updating would be needed by lawyers that are admitted in each one of those States to interpret the laws of the requested State.  For this example, using the Risk Management Matrix below, we advise that you turn to your own organization's attorney, and have a waiver designed that is up to date according to your own State laws.

IMPORTANT NOTE TO BOTH SAILORS AND REGATTA ORGANIZERS - It is a US SAILING policy not to hold any of its events where the host organization requires competitors to assume the risks (Assumption of Risk) of the event or to give indemnities (To Indemnify), and/or (Hold Harmless) and it also recommends against the use of assumptions of risk language (see US Prescription to RRS 68 on Damages), indemnities and/or hold harmless.  The first would prohibit a person from rightly collecting for damages/injuries from a boat to have been found to be in the wrong.  The second and third in giving of indemnities or hold harmless renders the liability insurance coverage of an individual inapplicable where s/he accepts the indemnity obligation by the “contract” granting the indemnity.  If a competitor finds the words “agree to indemnify and hold harmless,” we encourage the competitor to cross out those words, and initial next to it, before signing such waiver.   Additionally, releases should be limited to the activities of the event on the water, so as not to release events on shore, such as a race officer negligently driving his car into your boat on a trailer of your car.

HOW TO USE THE RISK MATRIX

For an example on how to read the Risk Matrix, let’s take the “Host(s) (Clubs, Community, Associations)” group as an example.  Legal items that these organizations may contemplate are 1 or 2; 4, 5.  What this means is that you may choose to use a Waiver (1) or Limited Release (2) for competitors to sign.  Where do you get such document?  Go to your organization’s attorney.  You may choose to implement a Medical Treatment Authority (4) form signed by a parent or guardian, so you can authorize a hospital to care for an injured minor.  Again, your club’s attorney should draft such document.  We encourage all clubs to have a Contingency Plan that defines the Disaster Plan.  It should include phone numbers, hailing frequencies, for all types of activities performed on behalf of the organization. 

On the Insurance side, each organization involved should contemplate Regatta Liability insurance (A), General Liability insurance (B), and a policy to cover boats owned, borrowed or leased by the organization (C).  Where do you go to get specifics on your organizations insurance?  We encourage the use of experienced marine insurance professionals.  US SAILING has endorsed insurance programs that can fill your organizations needs.  http://www.ussailing.org/membership/Insurance/

 

Persons/Organizations Documentation Risk Control/Coverage
Organizers (US SAILING, Charities, Sponsors, etc.) Be included in host's documents Named additional insureds by host policies
Host(s)  (Clubs, Community, Associations) 1 or 2; 4, 5 A, B, C
Race Officers 1 or 2 by host & 3 A & B by host; B & D
Judges/Jury/Protest Committee 1 or 2 by host & 3 A, B & C by host; B & D
Race Volunteers (Race & spectator boats, etc.) 1 or 2 by host A & C by host; B & D
Safety Officer 1 or 2 by host; 4, 5 A & C by host; B & D
Coaches/Instructors 1 or 2 by host; 3 A & B by host; B; omissions/commissions policy
Boat Owner/Skipper/Helmsman Keelboat/Dinghy certification; 5 & 6 B with medical; E & F if needed
Crew 6 Own medical; B
US SAILING Volunteers 3 & 6 B & D

 

Referenced Items

Documents Insurance Coverages/Policies
1. Waiver of claims limited to racing A. US SAILING Regatta Insurance
2. Limited release limited to racing B. General comprehensive liability insurance with "umbrella"
3. Certification by US SAILING as appropriate C. Endorsement to Regatta policy covering working boats, Marine policy to cover non-owned
4. Medical treatment authority from parent for minors (release & indemnity also?) D. Personal "lifestyle" endorsement
5. Contingency plan for illness, injuries and mishaps, on/off the water E. Boat liability (& Jones Act) policy
6. DO NOT assume risks (Assumption of Risk) or Indemnity (Indemnify) or Hold Harmless! F. "Contractual Endorsement" for indemnity coverage if needed