Monday, June 30, 2014

Insurance

This has to be one of the most difficult posts to write.  Let's face it, insurance is a pretty dry topic.  It is, however, one of the most important aspects of putting on a race.  Most folks don't realize this until an incident unfolds at their event.  And from a racer's perspective, most don't read the waiver they sign as part of the registration process.  Your waiver is the public face of your insurance policy.

Have a look around at online waivers (found in a downloadable or online registration form) and you'll find a myriad of errors in the writing.  The most common mistake I spot in waivers is the listing of cities and other bodies that make it obvious the waiver was copied from another race.  The second biggest error is the use of past dates.  No big deal, right..most races unfold without incident...right?

Think back to my post on Permits and Policing.  For every land use permit and your policing contract(s), you are required to provide a copy of your insurance policy listing the land user as an additional insured.  To top it off, some municipalities make you sign an additional piece of paper attesting to the fact that you will bear all liability from any incidents that may arise during the event.  What does this mean?  You/your company/your organization assumes liability for any damages, not the land owner.  Good thing you're incorporated...or are you?  If you're an incorporated body, you personally do not bear the responsibility for an accident....except if alcohol is involved.  Having been through the process of obtaining a liquor license for an outdoor public event, did you know that the Liquor Control Board of Ontario is looking for the name of the one person that is ultimately responsible should any liability arise?  Incorporated bodies step aside!  How many races have a liquor tent at the finish line?  How many races use a "free bottle of wine" to registrants as part of their marketing strategy? How many new "wine runs" have popped up as part of the themed race trend?

Legalities aside, could you deal with the moral side of an accident or death occurring at your race?

Ever wondered if a lawsuit has popped up over a race issue - or even following a training run?  A quick Google search will tell you what's been going on regarding lawsuits and running in North America over the past ten+ years.

Buying Insurance

Athletics Ontario
Probably the easiest route to obtaining insurance for your race is to buy into a bigger policy.  In Ontario, Athletics Canada is one body offering this service.  The cost is the most economical if you are putting on a relatively small or one-time event.  The catch is you're going to have to have your race accredited by Athletics Canada.  It's actually a good thing as they walk you through the process of setting up the right number of aid stations, pylons, porta potties etc. Read more about accreditation here or go right to the online accreditation form and insurance costing page here.  If these links become outdated, Google "Athletics Canada insurance" or "Ontario Roadrunners insurance."

Local Running Club
If you belong to a local running club that puts on races, they most likely have a race-specific insurance policy.  For a fee, they may be willing to extend your event insurance by listing your land owners as an additional insured.

Buying Your Own Insurance Policy
If you plan on making your event an annual affair and/or your numbers warrant the additional cost, you can look into buying your own race-specific policy.  Make sure you check whether land owners require a $2 or $5 million policy.  Plan to spend anywhere from $1,500 to $2,000+ per year on this policy and budget for inflationary price increases every year (~3%).  You can Google "race insurance" or "running insurance" to find companies offering race-specific policies.  Pearson Dunn in Hamilton Ontario is one such company.  Intact Insurance is another that offers race insurance.  Alternatively, you can use a broker.

Note:  Make absolutely sure that your policy is RACE specific.  A policy to cover day-to-day operations of a fundraising organization may not be sufficient to cover an event that includes spectators, competition, road usage etc.

The Waiver
Your custom written waiver needs to include all the land owners you've listed as additional insureds on your policy.  It needs to include a statement that has the participant testifying to their level of fitness and readiness to race.  You'll also want to check on the state of Canada's new mass email communication policy that came out on July 1st, 2014 and possibly, include something in your waiver about this.  A good waiver also includes a statement on photography and use of photos for promotional purposes.  It's okay to start with another race's waiver, but your final legal document needs to reflect what's going on at your event.

Selling Bib Numbers Online
It's common practice in the race world - selling your bib if you can't run, or buying someone else's bib if you're desperate to run and the race has sold out.  This isn't a new issue as it's one that's been covered in the media in the past.  Read this NY Times article about bib selling.  From an organizational standpoint, it's a bit of a headache as a kit, which includes a timing device has been prepared specifically for the original registrant.  Here's an issue to consider from an insurance perspective:
  • Runner A registers for your 10k
  • The race sells out
  • Runner B wants to run, Runner A can no longer run, so sells his/her bib to Runner B.  The transaction is not officiated with race organizers so Runner B has not signed a waiver
  • Runner B gets injured during the race and decides to sue
  • Is Runner B covered? Who is liable? Runner A? Event organizers? No one? Everyone?
From an event organization perspective, one of your goals is to minimize the risks associated with putting on a race.  Why take the risk with this scenario?  Either create a transfer process, do not allow transfers or check with your insurer for advice on this process.


Questions about Insurance?  
diane [at] dirtyrunnerproductions [dot] com
I will post relevant questions here with my response for all to see

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