MUNICIPALITY OF THAMES CENTRE RECREATION

Transcription

1 MUNICIPALITY OF THAMES CENTRE COMMUNITY SERVICES & DEVELOPMENT RECREATION REPORT NO. PR TO: Mayor and Members of Council FROM: Liz Murray DATE: January 12, 2015 SUBJECT: Facility User Group Liability Insurance Program Policy RECOMMENDATION: It is recommended that: That this report is received and that Council approves and endorses the attached mandatory Thames Centre Facility User Group Liability Insurance Program Policy. PURPOSE: To seek Council' s approval to endorse the Facility User Group Liability Insurance Program Policy effective April 1, 2015, and to and make it mandatory for all rental groups/ individuals that do not have adequate coverage to purchase insurance or provide a certificate of insurance. BACKGROUND: At the December 12, 2014 meeting Council directed staff to prepare a report outlining a policy and procedure with regard to mandatory insurance coverage for the rental of municipal facilities and the option to purchase the Facility User Group Liability Insurance should a group/ individual not have adequate insurance coverage. I attached a Policy utilizing documentation supplied by McFarland Rowlands Insurance for Council to approve. Council also requested that neighbouring municipalities be contacted regarding their insurance coverage requirements for facility rentals and that the results be included in this report. Below are the comments I received from local communities: City of Woodstock We have an insurance program through local insurer Jameson- Hilts but we administer it. Whether it is league based, groups based or for single rentals. A renter can provide their own coverage but if they do not it is added on to their rental. The coverage and the events look similar to yours. It covers arena rentals, park rental and aquatic rentals. If you have any other questions let me know. Middlesex Centre We began our program in June of I have attached the link below that takes you to our information page regarding the Facility User Group Insurance. www. middlesexcentre. on. ca/ Public/ Book- a- Facility

2 Report No. PR Date: January 12, 2015 Page 2 You will see the FAQ, Application Form and the rates sheet listed in the news items from June City of London We use an insurance program. www. london. ca/ residents/ Recreation/ Arenas- Skating/ Pages/ General- Information--- Last- Minute- Ice. aspx Southwest Middlesex Does not use an insurance program, but definitely something I' ll look into in the future. Strathroy- Caradoc We are using an insurance program through PIB. We introduced it last September as voluntary until September of 2015 then it will become mandatory. COMMENTS: No comments CONSULTATION: Stewart Findlater Dale Hunter and Marc Sequin, McFarlan Rowlands Insurance Brokers Local Community Recreation Managers FINANCIAL IMPLICATIONS: There are no financial implications to administer this program, the user pays for the insurance and the recreation department submits the money to McFarlan Rowlands. REFERENCES/ ATTACHMENTS: Facility Rental User Liability Insurance Program Policy. Prepar:`. by: Reviewed by: Li urray, Manger of Recreation Fewart Findlater, Director of Community Services Acting CAO

3 Facility User Group liability Insurance Program Policy Page 11 Purpose: The Municipality of Thames Centre is committed to ensure that all user groups are protected against liability for any losses of or damage to property resulting from the rental of all Municipal property. This includes but is not limited to the renting of playfields, ice, meeting rooms, auditoriums, parking lots, pool, office space, lobby space, gymnasium, pavilions and any other rented area. Policy: Any individual, group or organization using The Corporation of the Municipality of Thames Centre assumes full liability for any losses of or damage to property resulting from such use. Each applicant must obtain adequate liability insurance coverage for the use of the Municipal facilities, playfields, ice, meeting rooms, auditoriums, parking lots, pool, office space, lobby space, gymnasium, pavilions and any other rented area. Any person or organization using The Corporation of the Municipality of Thames Centre facilities that does not have their own insurance must purchase liability insurance from Thames Centre Facility User Group Liability Insurance Program depending on the type of activity, sport or event, and based on the pre- determined activities and rates subject to the limitation and exclusion outlined in the policy wording. Sport and recreation groups at local levels who do not belong would also be eligible for coverage. to a Provincial / National Association Note: Coverage only applies to the activity and dates disclosed on the permit application. The Insurance Company must approve activities. Some restrictions apply. User Groups are only covered while using The Corporation of the Municipality of Thames Centre facilities. This policy covers your legal liability for bodily injury to or damage to property of others such as spectators, passers- by, property owners and others resulting from your activity. In addition, your legal liability for injury to participants is covered. (A few disciplines may not be eligible see exclusions.) LIABILITY INSURANCE DESCRIPTION Why Liability Insurance? Because of your operations or actions you are open for possible suit from Third Parties. You may not be liable but you will need to be defended in court. A liability policy pays for this defense as well as any costs found against you. Legal fees can be very expensive and this can be an affordable way to have them covered. This Policy covers your legal liability for bodily injury to or damage to property of others such as spectators, passers- by, property owners and others resulting from your activity. In addition, you legal liability to participants is covered in most cases. Note: The Liability Policy DOES NOT provide Benefits for Medical Expenses incurred as a result of an injury sustained by an insured member while participating in a sanctioned insured activity. The Liability Policy PROTECTS YOU IN THE EVENT OF A LAWSUIT against claims of bodily injury or property damage. The typical types of claims filed against you include spectator slip/ trip/ fall injuries and injuries to sports participants.

4 IacilitY [' ser Group Liability Insurance Program Polic } Page 12 Who is Covered? All members collectively including you, your spouse, your members, your partners, their spouses, an organization, your executive officers and directors, your stockholders, your employees, your volunteers, any member participating in a sporting activity including participants, executives, managers, coaches, trainers, officials and volunteers while acting within the scope of their duties on your behalf. COMMERCIAL GENERAL LIABILITY This policy covers your legal liability for bodily injury to or damage to property of others such as spectators, passers- by, property owners and others resulting from your activity. In addition, your legal liability for injury to participants is covered. (A few disciplines may not be eligible see exclusions.) User Groups are only covered while using The Corporation of the Municipality of Thames Centre facilities. 2, 000, 000/$ 5, 000,000 occurrence All Claims Subject to a $ 500 deductible ADDITIONAL INSURED The Corporation of the Municipality of Thames Centre is added as an additional insured but solely with respect to the liability which arises out of the activities of the named insured. THE POLICY INCLUDES THE FOLLOWING COVERAGE Premises Property and Operations: Provides coverage for the insured who is responsible in the scope of their operations for premises and property to which they have control over. It also includes coverage for their own operations ( activities). Blanket Tenants Legal Liability $ 1, 000, 000 Provides coverage for your legal responsibility for damage to premises that you rent in the course of your activities up to $ 1, 000,000. Occurrence Basis Property Damage: This is just a broader type of coverage. Occurrence happens over a period of time whereas an accident wording is sudden and accidental. Liability for injury to participants In many standard liability insurance policies participants are excluded but in the broad form coverage with ALL SPORT, this coverage is included if the injury is caused by the negligence of the insured. Voluntary Medical Payments: Reimburses others ( non- participant third party) for their medical expenses if they are injured as a result of your activities up to $ 10,000. Personal Injury Coverage against Libel, Slander. Cross Liability Clause: This clause allows for additional insureds to sue, if necessary within their policy. The description of coverage contained herein is not complete and reference must be made to the actual terms and conditions of the applicable policy forms. Underwritten by Certain Lloyd' s Underwriters through Allsport Insurance Marketing Ltd.

5 Iacilit User ( Troup Liability Insurance Program Policy Page 13 EXCLUSIONS Data Exclusion Terrorism Exclusion Asbestos Exclusion Fungi Exclusion Abuse or Molestation Exclusion Excluded Activities Endorsement * Listed below EXCLUDED ACTIVITIES ENDORSEMENT Minor Hockey ( 18 & under) Horse- related activities Contact Hockey Fireworks ( unless under the direction of a Fireworks Supervisor) Alpine Skiing Snowboarding Cycling Boxing Contact Lacrosse Kick- boxing Gymnastics Rugby Climbing Walls Skateboarding/ Skateboard Parks Contact Martial Arts Tackle Football Insurance Protection for You No one likes to think of accidents happening at sporting events but unfortunately they do occur. McFarlan Rowlands Insurance Brokers Inc. in conjunction with All Sport Insurance Marketing Ltd. has an insurance product designed to meet the needs of local sporting organizations and user groups. The Corporation of the Municipality of Thames Centre is pleased to offer this liability insurance to community organizations or individuals who rent The Corporation of the Municipality of Thames Centre facilities to host recreational events and programs, meetings and cultural events. Through McFarlan Rowlands Insurance Brokers Inc., a recognized insurance broker, insurance is affordable, accessible and provides $ 2 million liability coverage. Below is a list of frequently asked questions about the User Group Policy. Why does my group need User Group/Sports Liability Insurance? No matter how careful you are, accidents happen. Your group could be sued by anyone who claims injury or damages resulting from activities of your organization. Even if you are eventually found to be blameless, litigation expenses could severely strain your resources. Liability insurance will defend you and pay for damages that may be awarded against you. Insurance protection will provide you with peace of mind knowing that liability and any resulting legal issues will be handled for you.

6 I User Group I: iahility Insurance Program Policy Page 14 Who is covered? All members of your organization including Executives, Managers, Coaches, Trainers, Officials, Employees and Volunteers while acting within the scope of their duties on your behalf only while using the facilities of The Corporation of the Municipality of Thames Centre for which you have obtained a permit. What is covered? The policy covers your legal liability for bodily injury to or damage to property of others such as spectators, passers- by, property owners and others resulting from your activity. In addition, your legal liability for injury to participants is covered. We are part of a provincial/ national sporting organization; do we need the User Group coverage too? Check with your association before purchasing the User Group coverage. The association' s insurance may or may not extend to your event or activity. If the association sanctions your event, a certificate of insurance should be provided to The Corporation of the Municipality of Thames Centre. What activities are covered? Sanctioned or authorized events within your sport discipline included related training authorized by you only occurring at The Corporation of the Municipality of Thames Centre facilities. The insurance company must approve these activities. How do we apply for coverage? Contact The Corporation of the Municipality of Thames Centre. Coverage can be obtained at the time of renting the facility. Do we need to advise when people join or leave our group? Yes, advise The Corporation of the Municipality of Thames Centre so they can maintain accurate records. Isn' t insurance on sports activities expensive? It can be. However All Sport has evaluated the risk associated with different types of sports. Premiums are charged according to your specific sport, number of members and types of activities to ensure you the best possible rate. What do we do in the event of a claim? As the policy is providing liability coverage, in the event of a serious injury or a legal action, please contact The Corporation of the Municipality of Thames Centre immediately. They will contact the representative from McFarland Rowlands. Who do we call if we have questions about the policy? Contact The Corporation of the Municipality of Thames Centre. If they are unsure of the answer they will make inquiries on your behalf. Note: Some activities may not be eligible for coverage due to the nature of the activity.

7 Facility User Group Liability Insurance Program Policy Page 15 USER GROUP RATING SCHEDULE Municipalities, Universities, Colleges, School Boards, Sports Facilities $ 2, 000, 000 / $ 5, 000, 000 Commercial General Liability: All non- Canadian User Groups must be referred to McFarlan Rowlands Insurance Brokers ALL PREMIUMS ARE SUBJECT TO 8% Tax Type of Event of 2, 000, 000 Liability 5, 000,000 Liability Participants Low Medium High Low Medium High Hourly Rate for Sports Less than $ Refer $ $ Refer day( other than $ Refer $ $ Refer Hockey) $ Refer $ $ Refer One Day Sporting Events/ Refer $ Refer Refer $ Refer Tournaments( other than Hockey) Refer $ Refer Two or Three day Sporting Events/ Tournaments( other than Hockey) Refer $ Refer Refer $ 105 $ 150 Refer Refer $ 130 $ 190 Refer Events/ Tournaments+ 250 or more than 3 days( other than Hockey) Refer to McFarlan Rowlands Insurance Brokers Inc. All Season Sporting Activities Refer $ 110 $ 150 Refer Maximum Coverage up to one year Flat Rate $ 125 Refer $ 150 $ 190 Refer $ 150 Refer $ 190 $ 225 Refer other than Hockey) Over 250 Refer Refer Refer Refer Refer Refer Occasional Pool Use Only Hourly Rate( if applicable) Recreational Pool Activities Pickup Hockey Per Team 5. 00/ hour 7. 50/ hour 5. 00/ hour 7. 50/ hour Pickup Hockey Max. 30 players $ 125 per 9 rou p per session 190 per group per session Adult Non- Contact Hockey League Hockey $ Seasonal Use Maximum Coverage- up to one year) Adult Tournaments 225 per team per session 340 per team per session Up to 8 teams$ 250 Up to 8 teams$ teams$ teams$ 565 Refer larger tournaments Refer larger tournaments BEER GARDENS Beer Gardens Separate Coverage for Host Liquor Liability Rate is in addition to Sport Tournament Rate 0 100/ day 2 2 5/ d a y / day 225/ day / day 300/ day Over Refer Refer 500

8 Facility User Group Liability Insurance Program Policy Page 16 Type of Event of Participants 2, 000, 000 Liability 5, 000, 000 Liability Meetings Flat rate $ per meeting max 1 day $ per meeting max 1 day per meeting max 1 day $ per meeting max 1 day No Alcohol With Alcohol No Alcohol With Alcohol Inc. Beer garden Inc. Beer garden Events Flat rate Refer 375 Refe Over 1000 Refer Refer Refer r 2-3 Day Meetings/ Events Twice Daily Rate 4-5 Day Meetings/ Events Triple Daily Rate Annual Monthly Meetings Children' s Birthday Parties Five Times Meeting Rate 1. Birthday Party/ Meeting Room 2/ hour 3/ hour UNLIMITED 2. Birthday Party/ Meeting Room/ Sports 4/ hour 6/ hour includes gym/ pool/ arena use) Special Rate for the following events only No Alcohol With Alcohol Family celebrations such as: showers, Refer Refer christenings, family dinners, picnics and No Alcohol With Alcohol retirement parties Camp Programs Including Multi- Sport Coverage applicable Per Camp Session Up to flat rate 150 flat rate Maximum 2 weeks) Does not include Hockey. Over per participant 3 per participant