PaddleWise Discussion on
Starting a Club and the Use of
Waivers
From: wildwater
Subject: [Paddlewise] Paddling Clubs
Date: Sun, 08 Feb 1998 06:32:41 -0600
Hello everyone, I'd like your help....
I want to start a local club here in Oklahoma since interest in the
sport seems to really be growing. We have lots of lakes, a few
navigable rivers, and possible wonderful field trips to Arkansas and
Texas. Plus I go to Lake Powell and the upper Missouri in Montana once
a year. What I personally would like to see would be group paddles,
once a month, over a weekend, say May through September. I've been
alone in this part of the country for a really long time and I am
thrilled to see people move in that love this sport.
What I am asking for, from all of you wise folks that have been through
all of this
before, is advice. What are those lessons that you or your club have
learned the hard way, what about liabilities on club sponsored group
paddles, etc., etc. What would you like to see in a club? What are the
mistakes clubs make? What are the most useful things a club can offer
its membership? What was your favorite club sponsored activity?
I realize I am asking for alot of information here. If you don't feel
like tackling it all, that's okay. Every little bit helps. Thanks,
Alice
From: Jackie Fenton
Subject: Re: [Paddlewise] Paddling Clubs
Date: Sun, 8 Feb 1998 02:02:00 -0800 (PST)
> what about liabilities on club sponsored group
Use a waiver and go have fun but use common sense. This concern has been
mentioned many times but I haven't heard of and don't know anyone that is
aware of a paddling club being sued. It may have happened, but I haven't
heard or read of it. I'd be sure everyone understands that I am a trip
coordinator and not a guide or expert and everyone is responsible for their
own safety. Check liability laws in your state. It might be beneficial
to incorporate your club to protect the club and its members from being
sued for the negligent acts of a club member acting as a club representative.
I don't know if this is significant if you are not collecting dues.
> What would you like to see in a club?
Training and trips of all skill levels with the level indicated.
> What are the mistakes clubs make?
Not having a regular club meeting place and date and time.
> What are the most useful things a club can offer its membership?
Another paddling friend :-) (besides organized training)
> What was your favorite club sponsored activity?
Multi-day trips and seminars with boat demos, workshops and training.
my .02
Cheers!
Jackie
From: Mark Zen
Subject: Re: [Paddlewise] Paddling Clubs
Date: Mon, 9 Feb 1998 08:43:02 -0700 (MST)
by all means, use a good waiver. and then have LOTS of fun!! sadly, the
RMCC club pres, relayed a short story to us, at our winter meeting. he now
lives on the other side of the state, and says there is a club there...
but they never run trips, because someone told them a story about being
sued. now they are looking at adopting our waiver. we have people sign
them to become a member, and then again at the start of each trip. we've
not had any problems at all. we do have a couple lawyers in the club, and
they've reviewed it, and it should stand up in court. we also pray we
never need to find out.
>>> What would you like to see in a club?
>>
>>Training and trips of all skill levels with the level indicated.
training, training, training, this is the biggest way to attract & keep
members. trips are indeed the next most important thing.
>>
>>> What are the mistakes clubs make?
>>
>>Not having a regular club meeting place and date and time.
>>
we have 4 meetings a year [we're about 250+ member/families strong]
fall meeting -- potluck dinner/slides from the previous season
winter meeting -- potluck dinner/videos from the previous season
spring meeting -- annual safety fair
summer "rendezvous" a public campground, somewhere near rivers that offer
class I-IV trips, to satisfy most every one. usually 100+ folks attend
this one. and about 75-100 attend all the others...
>>> What are the most useful things a club can offer its membership?
>>
>>Another paddling friend :-) (besides organized training)
this was listed as the #1 reason for joining the club, by all the officers
at the last officers meeting.
>>
>>> What was your favorite club sponsored activity?
>>
>>Multi-day trips and seminars with boat demos, workshops and training.
same here!!
see the 1997 trip schedule on the RMCC page, to get an idea of the variety
of trips going on for us, during on season.
mark
#------canoeist[at]netbox[dot]com--------------------------------------
mark zen o, o__ o_/| o_.
po box 474 [/ [\/ [\_| [\_\
ft. lupton, co 80621-0474 (`-/-------/----') (`----|-------\-')
#~~~~~~~~~~~~~~~~~~~~~~~~~~~@~~~~~~~@~~~~~~~~~~~~~~~~~~~@~~~~~~~~@~~~~~
http://www.diac.com/~zen/cpr [Colorado Paddlers' Resource]
http://www.diac.com/~zen/rmskc [Rocky Mtn Sea Kayak Club]
http://www.diac.com/~zen/rmcc [Rocky Mtn Canoe Club Trip Page]
http://www.diac.com/~zen/mark [personal]
--
From: ap294@freenet.carleton.ca
Subject: Re: [Paddlewise] Paddling Clubs
Date: Mon, 9 Feb 1998 11:08:02 -0500 (EST)
Please remember that you can always be sued for negligence.
A Waiver can not remove this right.
If you are taking members on outings its the
clubs' or leader's responsibility to know the skills of the group
and to NOT take anyone into a situation that they are not skilled for.
By having every member take a skill test and rating your paddling
adventures you can help mitigate the risk of suing. This is because you
have taken steps to reduce the risk.
Niels Henriksen
Ottawa, Canada
From: Mark Zen
Subject: Re: [Paddlewise] Paddling Clubs
Date: Mon, 9 Feb 1998 10:52:31 -0700 (MST)
On Mon, 9 Feb 1998, Niels Henriksen wrote:
>>
>>Please remember that you can always be sued for negligence.
true.
>>A Waiver can not remove this right.
depends on the state, and the country. i guess this is a good opportunity
to remind people that this is an international mailing list, and what
works in one place may not in another...
>>If you are taking members on outings its the
>>clubs' or leader's responsibility to know the skills of the group
>>and to NOT take anyone into a situation that they are not skilled for.
in colorado, and our clubs in particular, this is adamantly NOT TRUE. it
is the participant's responsibility to know _their_ abilities, and to ask
the trip coordinator questions about the trip.
>>By having every member take a skill test and rating your paddling
>>adventures you can help mitigate the risk of suing. This is because you
>>have taken steps to reduce the risk.
>>
>>Niels Henriksen
>>Ottawa, Canada
>>
who is going to administer the tests?? when, etc, etc. this has too many
problems, at least for a club our size [~250 families].
(SNIP)
great item for discussion!! what do other clubs do to work with this
issue??
mark
#------canoeist[at]netbox[dot]com--------------------------------------
mark zen o, o__ o_/| o_.
po box 474 [/ [\/ [\_| [\_\
ft. lupton, co 80621-0474 (`-/-------/----') (`----|-------\-')
#~~~~~~~~~~~~~~~~~~~~~~~~~~~@~~~~~~~@~~~~~~~~~~~~~~~~~~~@~~~~~~~~@~~~~~
http://www.diac.com/~zen/cpr [Colorado Paddlers' Resource]
http://www.diac.com/~zen/rmskc [Rocky Mtn Sea Kayak Club]
http://www.diac.com/~zen/rmcc [Rocky Mtn Canoe Club Trip Page]
http://www.diac.com/~zen/mark [personal]
From: dldecker
Subject: Re: [Paddlewise] Paddling Clubs
Date: Mon, 09 Feb 1998 13:28:06 -0500
This is what we use in Fla.
Dana
FLORIDA SEA KAYAKING ASSOCIATION
RELEASE AND ASSUMPTION
OF RISK
I , am participating in an excursion or clinic of the Florida Sea
Kayaking Association (FSKA) of my own free will and at my own request. I
understand and appreciate that kayaking and all other forms of boating are
dangerous and that by attending or participating in this kayak excursion or
clinic I incur the risk of serious injury to myself. In consideration
of being allowed by the FSKA to participate in this excursion or clinic, I
voluntarily assume the risk of any injury to myself or my property and
release and hold harm less FSKA and its members, officers, and agents from
any and all liability or causes of action of any nature for any injury to
myself or my property which may occur in connection with my participation
in an FSKA excursion or clinic today or at any time in the future I also
understand and acknowledge that it is sole my responsibility that I have
adequate equipment and training to participate in this kayak excursion or
clinic, and that FSKA is not responsible for the provision of any safety
equipment or supervision. I understand that my safety is my own
responsibility. I agree to follow the directions of the designated trip or
clinic leader, and I understand that failure to do so will result in my
being unable to participate in any further activities of the Florida Sea
Kayaking Association.
Print Name
Signature Date
Witness Date
Signature of Parent or other legal Guardian if under 18 years of age:
Date
From: Mark Zen
Subject: Re: [Paddlewise] Paddling Clubs
Date: Mon, 9 Feb 1998 11:48:13 -0700 (MST)
On Mon, 9 Feb 1998 dldecker
>>
>>This is what we use in Fla.
>>Dana
>>
>> FLORIDA SEA KAYAKING ASSOCIATION
>> RELEASE AND ASSUMPTION
>> OF RISK
that's very similar to what ours says. we leave out the provision about
following the trip coordinator [note, this is coordinator, as opposed to
_leader_, we changed the designation this year, as _leader_ is legally
differenent than coordinator, as far as responsibility goes]. everyone has
to sign this type waiver to join the club, and then sign another one,
prior to embarking on a trip. we actually use a slightly different form,
which has everyone sign one page, saying they have been provided with a
copy of the waiver, and have read and understood all parts. this way the
trip coordinator only has to keep up with one signed paper, instead of
many....
mark
#------canoeist[at]netbox[dot]com--------------------------------------
mark zen o, o__ o_/| o_.
po box 474 [/ [\/ [\_| [\_\
ft. lupton, co 80621-0474 (`-/-------/----') (`----|-------\-')
#~~~~~~~~~~~~~~~~~~~~~~~~~~~@~~~~~~~@~~~~~~~~~~~~~~~~~~~@~~~~~~~~@~~~~~
http://www.diac.com/~zen/cpr [Colorado Paddlers' Resource]
http://www.diac.com/~zen/rmskc [Rocky Mtn Sea Kayak Club]
http://www.diac.com/~zen/rmcc [Rocky Mtn Canoe Club Trip Page]
http://www.diac.com/~zen/mark [personal]
--
From: Jackie Fenton
Subject: [Paddlewise] Liability and Waivers
Date: Mon, 9 Feb 1998 11:43:46 -0800 (PST)
(this was under the subject header of "Paddling Clubs")
> From: dldecker
> This is what we use in Fla.
> Dana
>
> FLORIDA SEA KAYAKING ASSOCIATION
> RELEASE AND ASSUMPTION
> responsibility. I agree to follow the directions of the designated trip or
> clinic leader,
> and I understand that failure to do so will result in my being unable to
> participate in any
> further activities of the Florida Sea Kayaking Association.
I understand why you include this in your waiver but I'm not comfortable
with that.
Example: When participating in a canoeing class, I was a student of a
highly experienced instructor (ACA). We were traveling down a swolen river,
I was bow paddler. He had a tendency to be somewhat impatient, agitated,
and very loud. We traveled over a fall and some rapids where he began
yelling to me to draw right which would have put us directly on top of a
refrigerator lodged on a small island. He yelled louder, I refused
to draw right, and we passed the eddy-out he intended (with him yelling at
me as I refused to park the canoe on a refrigerator) and took a lower
eddy. I was new at this, confused why he wanted to paddle on top of
a refrigerator and why he was yelling at me so and was torn between his
extremely agitated instructions and my gut instincts. I don't know what
I would have done had I been told if I didn't follow all his instructions,
I would not have been allowed to paddle with the club again. Would it
have made me do differently? I was a beginner and new to the club. I
probably would have followed my gut instincts, anyhow, but would everyone?
Sometimes the gut instincts of the paddler are more sensible than some
trip leaders or instructors. Some people are more aware of their own
limitations than some trip leaders/coordinators who will push participants
into situations where they should not or do not want to be. I would
rather stress self responsibility of the individual paddler.
Turns out, my canoe instructor was too involved with trying to get me to
comply with his demands and never saw the refrigerator which was mostly
exposed which I couldn't imagine he couldn't see. He was used to paddling
that river and there had not been a refrigerator there before.
If I had followed his instructions because of the above waiver and we had
been injured (a *real* possibility with that particular swollen and fast
moving river which is also known to contain many strainers and probably
could contribute to his becoming more agitated at my not following
instructions), would the club have been liable because of the above
statement in its waiver? I don't know.
Cheers,
Jackie
http://www.gasp-seakayak.net/
From: Jackie Fenton
Subject: Re: [Paddlewise] Liability and Waivers
Date: Mon, 9 Feb 1998 13:26:24 -0800 (PST)
I agree about the waivers. When I coordinated trips, I rarely used
waivers. When I put together a trip on my own, I never use waivers.
Unfortunately, with club liability and club trips, waivers have become
necessary. In some areas, though, I think incorporating the club is more
critical than waivers to protect members from those who coordinate or
lead a trip and who might behave in an irresponsible and/or negligent manner,
or forget to have club members sign waivers :-)
My change in subject title was to hopefully stimulate discussion on this
topic specifically. I am still unaware of any paddling club that has
been sued.
Thanks for presenting your club waiver, Dana. It gives us some point
of reference for discussing pros and cons of specifics in waivers and
what the solutions might be for various organizations (of course,
location plays a large part in the writing of the waiver).
Cheers,
Jackie
From: RICHARD CLARK CULPEPER
Subject: Re: [Paddlewise] Liability and Waivers
Date: Mon, 9 Feb 1998 19:39:18 +0000
For clubs with assets, insurers usually require waivers -- their
waivers. It does not really matter if the waivers hold water or not --
if you want coverage you must use them.
For clubs without assets, the richest pockets will be the club
directors or trip leaders. Whether there is a waiver or not, the
injured party will be coming after them. If they had been insured
through the club, then the insurance company would also be on the
line and would mount a defence. Who would be better positioned to
put up a defence, Joe Instructor or State Farm? Regardless of how
good the waiver is, you can limit your exposure through insurance.
When it comes down to waivers, they let the defendant use the defence
of voluntary assumption of risk. They only come into the matter once
it looks like the defendant was negligent. Obviously the best way to
stop an action is to avoid being negligent, rather than to be
negligent and pray that a waiver will protect you. Consequently,
insurers are now requiring clubs to implement risk management plans,
and independant of the insurance issue, many clubs are requiring
formal, ongoing training and certification for trip leaders, the filing
of trip plans, and the preparing of emergency plans.
If the worst has happened and you find youself needing to be saved by
a waiver, you have to worry about a number of things. First, the
risk which you claim has been voluntarily assumed by the plaintiff
must have been expressly stated in the waiver. You have to be pretty
specific about what risk is involved, but if you get too broad then
you run the risk of the court saying that the contract was too
one-sided, and should be construed strictly against you because what
you were demanding was unreasonable or oppressive.
This gets very difficult for businesses, where the courts are
concerned about the bargaining advantage a business might have over a
client.
You also have to pay attention to when the waiver was signed. If you have
your client sign it too early, before she could know the risks, then
it is void. If it is signed after the formation of the contract, then
it is too late. Either way you are cooked.
To make it more difficult, you also have to watch out for prior inconsistent oral
representation -- for example if you say to Jackie that your kayaking
lessons are safe, so she decides to take one with you, your waiver
against her might not hold up due to your earlier assertion.
In short, waivers give you a shot at a defence, but the courts will
try to find a way of tossing them. Use a waiver, but don't depend on
a waiver.
The next area of voluntary assumption of risk concerns implied
assumption of risk. Waiver or not, when Jackie takes a header, you
will argue that she knew that kayaking was dangerous and that she
impliedly assumed the risk. This works quite well for minor stuff
which you can expect to encounter by mererly participating -- the
expected swims, bumps and grinds. It does not work for
extradordinary stuff, for example, a leader taking Jackie down
something hellacious on her first lesson, or a leader failing to warn
Jackie of an obstacle that could cause her grief. As you have
probably already noticed, a lot depends on Jackie's competence, on
the leader's competence, and on the implied relationship between
them. If Jackie is a new paddler and you run her through class IV, you
probably are negligent. If Jackie is a class V padder and you run
her through class II, you probably are not negligent. It really
depend on the circumstances. Looking at the circumstances, what
hazards are coincident with mere participation, and what hazards
involve negligence? There is no clear answer.
In conclusion, don't count on anything getting you off if you have
been negligent. Arguing voluntary assumption of risk via express
waiver terms or via implied assumptions is a last resort which may
get you off, but should not be depended upon. The more negligent
your behaviour, the less chance you have.
Richard Culpeper
www.geocities.com/~culpeper
From: Mark Zen
Subject: Re: [Paddlewise] [clubs] intruction
Date: Mon, 9 Feb 1998 15:07:54 -0700 (MST)
On Mon, 9 Feb 1998 dldecker
>> I am no lawyer, and don't play the part on TV, and did not write the
>>Waiver. I can only say that I don't like the whole idea of having to have
>>waivers. The people I paddle with on club trips are the same I paddle with
>>at other times.
>>
>>Dana
i hate them too ;-) my solution in the past has been simple. if everyone
that shows up for my trip is a friend, and i know them, have paddled with
them, etc, i cancel the club trip, throw the waivers in the back of my
car, and then we have a private trip ;-) if i've never paddled with
members of the trip, i do the whole "formal trip thing" to protect my a**.
i think fully 50% of my trips have ended up as "privates"
now, maybe i should clarify one thing, i usually only lead class I-II
trips, and go as a participant on the harder trips. i am an ACA certified
whitewater instructor, and do teach a few classes a year, at the flat and
moving water levels, never whitewater.
when you get students for whitewater, you open up a couple kettles of
worms, as there is usually a pre-requisite, the flat/moving water class.
do you require them to be taken from a known source, or what?? our club's
answer, finally, had to be, the course HAS to be taken through the RMCC,
for club sponsored classes. the instructors many time in the past took
someone's word, when they said they had taken class X from teacher Y, at
location Z. too many students really weren't ready, and were over their
head quite soon, in more ways than one...
#------canoeist[at]netbox[dot]com--------------------------------------
mark zen o, o__ o_/| o_.
po box 474 [/ [\/ [\_| [\_\
ft. lupton, co 80621-0474 (`-/-------/----') (`----|-------\-')
#~~~~~~~~~~~~~~~~~~~~~~~~~~~@~~~~~~~@~~~~~~~~~~~~~~~~~~~@~~~~~~~~@~~~~~
http://www.diac.com/~zen/cpr [Colorado Paddlers' Resource]
http://www.diac.com/~zen/rmskc [Rocky Mtn Sea Kayak Club]
http://www.diac.com/~zen/rmcc [Rocky Mtn Canoe Club Trip Page]
http://www.diac.com/~zen/mark [personal]
--
From: John Winters
Subject: [Paddlewise] Waivers
Date: Tue, 10 Feb 1998 07:44:52 -0500
Ahh Yes, the old waiver thing.
I use one. All participants on my trips get the following;
I ____________ hereby acknowledge that John Winters, an incompetent paddler
with next to no rescue skills our knowledge of the outdoors has requested
my
presence on this trip to provide advice and safety to his person and
possessions. I acknowledge that I have forgotten more about paddling than
he will ever know and that he is too stupid to pour piss out of a boot with
directions on the heel and would not be going on this trip were it not for
me.
If John Winters is obligated or feels obligated to rescue me or any of my
possessions and incurs any injury or loss in so doing I acknowledge and
accept full responsibility and agree to reimburse him, his heirs or assigns
for any damages real or imagined..
Signed __________________
Cheers
John Winters
Redwing Designs
Specialists in Human Powered Watercraft
http://home.ican.net/~735769/
From: Niels Henriksen
Subject: Re: [Paddlewise] Paddling Clubs
Date: Tue, 10 Feb 1998 09:49:18 -0500 (EST)
>On Mon, 9 Feb 1998, Niels Henriksen wrote:
>>>Please remember that you can always be sued for negligence.
>true.
>
>>>A Waiver can not remove this right.
>
>depends on the state, and the country. i guess this is a good opportunity
>to remind people that this is an international mailing list, and what
>works in one place may not in another...
There is no document that I know that can waive the right to sue for negiilence.
A waiver can state to the indivuidual that there are inherent risks in the
undertaking and therefore it is the person's responsibility to make sure that
they understand the risks.
IF amemeber were to state that they have never paddle before and a team leader
were to reply. " no problem, where we are going it won't cause you a problem.
Then if an accident were to happen (eg. a storm came up quickly and the team leader
was able to get weather information so that he/she could have palnned accordingly. Then
there may be grounds for a neglilence suit.
A club that take resonable measures to reduce risk, while not always perfect, will be
able to demonstate they did what prudent peple do and therefore no ground for suit.
>who is going to administer the tests?? when, etc, etc. this has too many
>problems, at least for a club our size [~250 families].
The test do not have to be extremely vigourous. They only have to be resonable.
There may be even some enjoyment in club members achieving higher qualifications
as they progress up the skill levels.
From: rdiaz
Subject: Re: [Paddlewise] Waivers
Date: Tue, 10 Feb 1998 11:28:43 -0800
John Winters wrote:
>
> Ahh Yes, the old waiver thing.
>
> I use one. All participants on my trips get the following;
>
> I ____________ hereby acknowledge that John Winters, an incompetent paddler
> with next to no rescue skills our knowledge of the outdoors has requested
> my
> presence on this trip to provide advice and safety to his person and
> possessions. I acknowledge that I have forgotten more about paddling than
> he will ever know and that he is too stupid to pour piss out of a boot with
> directions on the heel and would not be going on this trip were it not for
> me. etc.
Gee,
You see, a moderated list allows John to confess his inadequacies
without ridicule, flaming or any such dastardly responses. I think I
will forward his admission to a fellow Canadian of his who has been
trying to tell us all along how poorly prepared John is for anything wet
(other than a Molson's) that he might as well make out a will before
every paddling trip. That individual will feel vindicated. :-)
ralph
--
-----------------------------------------------------------------------
Ralph Diaz . . . Folding Kayaker newsletter
PO Box 0754, New York, NY 10024
Tel: 212-724-5069;
"Where's your sea kayak?"----"It's in the bag."
-----------------------------------------------------------------------
From: John Winters
Subject: Re: [Paddlewise] Waivers
Date: Wed, 11 Feb 1998 07:07:55 -0500
Ralph wrote;
(SNIP)
Don't you dare.
Alice wrote;
>I like this waiver. This waiver works for me. Can I use it? TIA!
Feel free to use it. I think it is it is time the shoe was on the other
foot. Those who run trips need protection too.
Cheers
John Winters
Redwing Designs
Specialists in Human Powered Watercraft
http://home.ican.net/~735769/
From: Jackie Fenton
Subject: Re: [Paddlewise] Paddling Clubs
Date: Tue, 10 Feb 1998 10:47:30 -0800 (PST)
> From: Niels Henriksen
>
> There is no document that I know that can waive the right to sue for negiilence.
Actually, there is. As scary as it may sound, there is an new tactic being used
by some HMO's and it is called a physician-patient arbitration agreement that
the patient signs giving away their right to a jury or court trial in the cases
of malpractice and instead, use an "independent" arbitrator, regardless of whether
it is a case of negligence or not. You don't sign, you don't receive service.
I guess if physicians, hospitals, and insurance companies can do it....
> A waiver can state to the indivuidual that there are inherent risks in the
> undertaking and therefore it is the person's responsibility to make sure that
> they understand the risks.
I read the waiver on the web site that Hank gave:
http://www.teleport.com/nonprofit/LCCC/waiver.htm
What I really liked was the emphasis on individual responsiblity. In other
words, it is the paddler that is ultimately responsible for their own safety
and I think this is an excellent beginning for a new paddler. To understand
that the risks they take are ultimately of their own decision. I can't help
but wonder if a statement which reads that failure to follow the directions
of the trip leader/coordinator will result in the paddler being unable to
participate in any further club trips might send the message that the
leader/coordinator is ultimate authority and therefore accepting responsibility
for the safety of the paddlers. Waivers and liability issues aside, I think
getting the paddler to think about what they are doing and the possible
outcome is the most important lesson. That could start with the waiver they
sign when joining the club. Doesn't matter whether it holds up in court, imho,
but it could be used as a springboard to teaching safety awareness which is an
important benefit of joining a club.
Actually, I liked John Winter's waiver. I think I'll change his name to
mine, all the he's to she's, and run off several copies for my next coordinated
trip :-)
Cheers!
Jackie (who can't wait to read about Barb's hippos!)
http://www.gasp-seakayak.net/
From: outdoors@ gwi
Subject: Re: [Paddlewise] Waivers
Date: Tue, 10 Feb 1998 22:35:57 -0500
Concerning the waiver thread for Alice (it started with Alice, didn't it?),
the Southern Maine Sea Kayaking Network uses the following:
The Southern Maine Sea Kayaking Network
Acknowledgement of Self-Responsibility and Release
I, (printed name) understand
that sea kayaking involves significant potential risks to my health and
equipment, in part due to cold and/or turbulent water. I agree to assume
these risks in their entirety when participating in Network events. I also
understand that while others may have skills and/or knowledge greater than
mine, they are not responsible for my well-being. I agree to inform my
fellow paddlers of any significant aspects of my physical condition or
medical history that might increase the risk to myself or others. I give my
permission to participants to seek emergency medical treatment for me should
I require it during a Network event. I agree to exercise all necessary
caution during Network events and to exercise my personal judgement in a
manner consistent with my skill level, knowledge and experience.
Network Trip Paddling Guidlines
- Self-rescue skills are essential. Do not count on being saved by someone
else.
- Consider tide and weather information before launching.
- Discuss a float plan among the group before launching.
Advised Equipment:
PFD pump
sprayskirt compass & chart
paddle float flares
proper flotation whistle
wetsuit or drysuit spare paddle
waterproof light water, food, & matches
complete change of clothes reflective tape on boat, paddle, & PFD
first-aid kit weather/VHF radio
strobe light tow line
I have read this statement and fully understand its content. I am aware
that I am releasing certain rights on behalf of myself and my family in
return for being permitted to participate in Network events. I totally and
completely release and absolve the Southern Maine Sea Kayaking Network, its
members, its officers, and all trip/event participants from liability of any
sort relating to bodily injury or damaged equipment.
From: Chuck Holst
Subject: [Paddlewise] FW: Paddling Clubs
Date: Mon, 16 Feb 1998 13:30:02 -0600
I think the liability question has been pretty thoroughly discussed, though hardly resolved; however, I think Alice might like to see more discussion about other club issues. Here are some opinions based on nine years of sea kayaking and my experiences in several organizations.
First, I agree with all of Jackie's responses. I think a paddling club has two primary functions: (1) Organizing group outings and providing other opportunities for people to find paddling partners. (2) Education and training. A third function could be lobbying and other action to promote the sport and the environment.
Ideally education and tripping should mesh. Skills and safety training should prepare club members for club trips, and club trips should give members an opportunity to safely gain experience and practice their skills in a more challenging environment than the local lake or pool.
There are issues that a club has to deal with that a group of friends does not. One is setting safety and leadership standards. Don't be surprised if some people resent this. For open water trips on the ocean or the Great Lakes, I personally think leaders should have the skills and knowledge required to pass the BCU Four Star Proficiency assessment, whether they actually take the test or not.
Make sure your officers are elected, as opposed to self-appointed. Elected officers will have more authority when making hard decisions, such as who is competent to lead a trip and who is not. Elected leaders will also (hopefully) be more in touch with the membership, and the membership, in turn, will more likely think of the club as theirs rather than the leaders'.
Make sure that there is a division of labor among the officers. Officers should be elected to serve as president, secretary, treasurer, etc. Lack of clearly defined responsibilities leads to lack of accountability, to inaction, to acting at cross-purposes, and to an unhealthy accumulation of power in the hands of the most active individuals.
To echo what Jackie said, make sure that there are frequent meetings, both of the board and of the general membership. Frequent membership meetings serve to involve the members more in the club and to help them to get to know each other. Frequent (preferably monthly) meetings of the officers are needed, especially when the club is new, to define bylaws and rules of conduct and to deal with issues in a timely manner. Any officer who cannot or will not make a committment to attend monthly board meetings, especially when his absence prevents the discussion and resolution of important issues, should resign.
Make sure that the club newsletter has a regular and preferably frequent schedule and comes out on time, so members will know when their contributions (news, trip reports, opinion pieces, etc.) are due. Timely publication also makes it possible to defray the cost of publication by selling advertising space.
Also, make sure that the newsletter editor is responsible to the entire board and not just to one individual. As an example of what can happen, in one club that I am active in, after an unfortunately flippant article about a tragedy appeared in the newsletter, the board required the editor to submit future issues for approval before they were printed. The subsequent issue contained an individual opinion piece by one board member about issues raised during the previous board meeting, but the newsletter was printed before the other board members could reply or ask for a correction. This matter is yet to be resolved.
Chuck Holst