ASSUMPTION OF RISK

A minor should not be given a waiver to sign and a parent / guardian cannot sign a waiver on behalf of a minor. Instead, parents / guardians of minor participants should sign an ‘assumption of risk’ form that describes the physical risks related to the participation. This form also serves as ‘informed consent’ that the parent / guardian is aware that their child may be injured as a result of their participation. This form should have the following features:

• Clear application to participants under the age of majority;

• Does not refer to waiving the right to sue or to the club’s negligence;

• Defnition of the rink and individuals who are being included;

• Comprehensive description of curling-specifc physical risks;

• Clear language that it is the parent / guardian who is accepting the physical risk to the participant;

• Signature of the parent / guardian (the signature of the minor participant is not required).

WAIVERS AND FORMS UNDER COVID-19

Many insurance underwriters are issuing a ‘contagion exclusion’ that explains that your insurance policy will not cover your curling rink for claims related to COVID-19. This is important information that should prompt a review of your waivers and forms. However, even if you have not received this type of notice, your organization should still include COVID-19 into your waivers and forms as a risk management practice.

Essentially, you should want to be protected from participants fling a claim against your organization should they become exposed or infected. How best to do this?

We recommend reviewing the four general strategies for risk management:

• Avoid

• Transfer

• Reduce

• Retain

AVOID

Avoiding the risk would involve not having any programs or services in which participants could interact with one another and / or with the same equipment or facilities. This would not be practical or desirable for most sport organizations.

REDUCE

Risk reduction strategies include these ‘return to play’ protocols. Some of these protocols will be curling-specifc but others will be common throughout sport. In addition to the ‘return to play’ guidelines, we recommend introducing a ‘Declaration of Compliance’. This document would be signed by any individual who enters your facility and / or who participates in your club’s programming. Individuals younger than the age of majority would have a parent / guardian sign the document on their behalf. This Declaration does not replace a waiver or assumption of risk form. It is a risk reduction strategy and not a risk transfer strategy.