Helpers at Race Meets - Insurance
Discussion
Question regarding insurance liability.
I have been asked to give some trainee motorsports engineers some race experience.
i don't run a professional team, just one car at present.
However I can offer them some useful experience by supporting us doing basic mechanics, data logging and car set up.
What's the position regarding insurance, I've helped plenty of times for friends at race meets and track days and always assumed I take it on at my own risk.
Thanks in advance
Here's a liability waiver I just found on the internet. Replace "Sea Kayaking" with "Motorsport" and you'll be on the way.
Waiver of Liability, Assumption of Risks, Release & Indemnity Agreement
This is a binding legal document. The purpose of this agreement to exempt, waive and relieve Releasees, defined below, from liability for personal injury, property damage, wrongful death or other claims that may result from my being a Participant in the sport and activities of Nomad Ventures Limited (trading as NOMAD Sea Kayaking) specifically extended sea kayaking group trips and paddle sports in general.
In consideration of being permitted to participate in any way in the sport and activities of sea kayaking, and having voluntarily elected to participate, I, as Participant and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), covenant and agree:
1.1. RULES, TERMS AND CONDITIONS OF PARTICIPATION
I have read and understand the Rules, Terms and Conditions of Participation (and have explained them to my minor Participant, if applicable) and will comply with them at all times. Management and/or professional guides, at their sole discretion, may terminate my participation at any time if I fail to abide by the Rules, Terms and Conditions of Participation. Management and/or professional guides also reserve the right to modify or cancel sea kayaking activities or trips due to unfavorable weather conditions or technical difficulties.
1.2. APPRECIATION OF RISK
I comprehend and appreciate that there are foreseeable, unforeseeable and inherent dangers and risks of harm involved in the sport and activities of sea kayaking. I acknowledge that the activities can be physically and mentally intense. I know and understand that the risk of injury from the activities is significant, including the potential for partial or total disability, paralysis and death, and while personal discipline can minimize this risk, the risk of serious injury does always exist. I acknowledge there is a risk that my personal property, including clothing, jewelry, equipment and the like, can be lost, damaged or destroyed.
I recognize that these risks and dangers include, but are not limited to, those arising from participating in an outdoor environment and exposed to the elements. I acknowledge that these risks may arise from the conditions and use of Nomad kayaks and related equipment, including general strain injuries from paddling, exposure to the elements including the water and wind, colliding with, or being washed onto rocks, ledges, steep beaches, other paddlers, marine animals or any other substance. I understand that these risks and dangers may be caused by my negligence or the negligence of others, including the Releasees.
I acknowledge and understand that included within the scope of this waiver and release is any claim or cause of action arising from the performance, or failure to perform, of any maintenance, inspection, supervision or control of said equipment and for the failure to warn of dangerous conditions existing during a sea kayak trip or excursion, for failure to maintain or inspect equipment supplied to me, for negligent selection or retention of certain Releasees, or negligent supervision or instruction by Releasees. I understand and agree that all of the risks and dangers described throughout this agreement, including those caused by my negligence and/or others, are included within the waiver and release described herein. I (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN.
1.3. RELEASE & DISCHARGE
I, (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS the Releasees from and against any and all claims, liability and/or causes of actions I may have or that may be made on my behalf or by my spouse, children, heirs and legal representatives, for death, wrongful death, personal injury (whether physical, emotional and/or psychiatric or any combination thereof), loss of consortium, property damage and/or breach of contract or any other damage, occasioned by, arising out of or incidental to my participation in the activities of sea kayaking and paddle sports in general WHETHER OR NOT RESULTING FROM OR CAUSED BY NEGLIGENCE by, of and/or on the part of Releasees.
1.4. INDEMNITY
I shall defend, indemnify and save harmless Releasees from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney?s fees, brought as a result of my participation (or that of my minor Participant, if applicable) and to reimburse them for any such expenses incurred. I agree that this Agreement may be pleaded as a bar to any action, suit or proceedings taken at any time against any Release by me (or on behalf of my minor Participant, if applicable).
1.5. SEVERABILITY
I (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), further expressly agree that the foregoing waiver, assumption of risks, release and indemnity agreement is intended to be as broad and inclusive as is permitted by the UK law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
1.6. BINDING ON SUCCESSORS
This agreement binds the heirs, administrators, executors, personal representatives, dependants (if any) and successors of the Participant and ensures for the benefit of Nomad Sea Kayaking, associated businesses & trading companies and its successors and assigns.
1.7. DEFINITIONS
Releasees are Nomad Sea Kayaking, its principals, directors, officers and employees, guides, instructors and all of its agents, representatives, affiliates, suppliers, or distributors.
Participant is the individual who is engaged in the sport and activities of sea kayaking and/or paddle sports identified by NAME, ADDRESS, and TELEPHONE as submitted at the end of this form. For any Participant who is under the age of eighteen years, Participant includes the Participant?s parents, guardians or legal representative.
SIGNATURES I HAVE READ AND DO VOLUNTARILY AGREE THE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY AGREEMENT, and further state and agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made. I have also read, understood and agree to the standard Terms & Conditions of NOMAD Ventures Limited (trading as NOMAD Sea Kayaking).
The above stated Waiver of Liabilty covers all participants under the age of 18 and by ticking the acceptance box in the booking process you confirm that you have read and agree to the terms set forth above in this WAIVER OF LIABILITY, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY AGREEMENT. Furthermore, I permit my dependent to participate in sea kayaking and paddle sports under the terms of the foregoing agreement.
The person making the booking must be the guardian of the minors under 18 years participating in the event, programme or trip OR the person making the booking agrees that they have the permission of the said guardian of the minor to agree to the Waiver of Liability by ticking the box during the booking process
By ticking the acceptance box in the booking process you confirm the folllowing that you have read the Terms & Conditions of trade & the Disclaimer and agree to pay on demand for any equipment issued that is damaged or not returned to Nomad Sea Kayaking.
Waiver of Liability, Assumption of Risks, Release & Indemnity Agreement
This is a binding legal document. The purpose of this agreement to exempt, waive and relieve Releasees, defined below, from liability for personal injury, property damage, wrongful death or other claims that may result from my being a Participant in the sport and activities of Nomad Ventures Limited (trading as NOMAD Sea Kayaking) specifically extended sea kayaking group trips and paddle sports in general.
In consideration of being permitted to participate in any way in the sport and activities of sea kayaking, and having voluntarily elected to participate, I, as Participant and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), covenant and agree:
1.1. RULES, TERMS AND CONDITIONS OF PARTICIPATION
I have read and understand the Rules, Terms and Conditions of Participation (and have explained them to my minor Participant, if applicable) and will comply with them at all times. Management and/or professional guides, at their sole discretion, may terminate my participation at any time if I fail to abide by the Rules, Terms and Conditions of Participation. Management and/or professional guides also reserve the right to modify or cancel sea kayaking activities or trips due to unfavorable weather conditions or technical difficulties.
1.2. APPRECIATION OF RISK
I comprehend and appreciate that there are foreseeable, unforeseeable and inherent dangers and risks of harm involved in the sport and activities of sea kayaking. I acknowledge that the activities can be physically and mentally intense. I know and understand that the risk of injury from the activities is significant, including the potential for partial or total disability, paralysis and death, and while personal discipline can minimize this risk, the risk of serious injury does always exist. I acknowledge there is a risk that my personal property, including clothing, jewelry, equipment and the like, can be lost, damaged or destroyed.
I recognize that these risks and dangers include, but are not limited to, those arising from participating in an outdoor environment and exposed to the elements. I acknowledge that these risks may arise from the conditions and use of Nomad kayaks and related equipment, including general strain injuries from paddling, exposure to the elements including the water and wind, colliding with, or being washed onto rocks, ledges, steep beaches, other paddlers, marine animals or any other substance. I understand that these risks and dangers may be caused by my negligence or the negligence of others, including the Releasees.
I acknowledge and understand that included within the scope of this waiver and release is any claim or cause of action arising from the performance, or failure to perform, of any maintenance, inspection, supervision or control of said equipment and for the failure to warn of dangerous conditions existing during a sea kayak trip or excursion, for failure to maintain or inspect equipment supplied to me, for negligent selection or retention of certain Releasees, or negligent supervision or instruction by Releasees. I understand and agree that all of the risks and dangers described throughout this agreement, including those caused by my negligence and/or others, are included within the waiver and release described herein. I (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN.
1.3. RELEASE & DISCHARGE
I, (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS the Releasees from and against any and all claims, liability and/or causes of actions I may have or that may be made on my behalf or by my spouse, children, heirs and legal representatives, for death, wrongful death, personal injury (whether physical, emotional and/or psychiatric or any combination thereof), loss of consortium, property damage and/or breach of contract or any other damage, occasioned by, arising out of or incidental to my participation in the activities of sea kayaking and paddle sports in general WHETHER OR NOT RESULTING FROM OR CAUSED BY NEGLIGENCE by, of and/or on the part of Releasees.
1.4. INDEMNITY
I shall defend, indemnify and save harmless Releasees from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney?s fees, brought as a result of my participation (or that of my minor Participant, if applicable) and to reimburse them for any such expenses incurred. I agree that this Agreement may be pleaded as a bar to any action, suit or proceedings taken at any time against any Release by me (or on behalf of my minor Participant, if applicable).
1.5. SEVERABILITY
I (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable), further expressly agree that the foregoing waiver, assumption of risks, release and indemnity agreement is intended to be as broad and inclusive as is permitted by the UK law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
1.6. BINDING ON SUCCESSORS
This agreement binds the heirs, administrators, executors, personal representatives, dependants (if any) and successors of the Participant and ensures for the benefit of Nomad Sea Kayaking, associated businesses & trading companies and its successors and assigns.
1.7. DEFINITIONS
Releasees are Nomad Sea Kayaking, its principals, directors, officers and employees, guides, instructors and all of its agents, representatives, affiliates, suppliers, or distributors.
Participant is the individual who is engaged in the sport and activities of sea kayaking and/or paddle sports identified by NAME, ADDRESS, and TELEPHONE as submitted at the end of this form. For any Participant who is under the age of eighteen years, Participant includes the Participant?s parents, guardians or legal representative.
SIGNATURES I HAVE READ AND DO VOLUNTARILY AGREE THE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY AGREEMENT, and further state and agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made. I have also read, understood and agree to the standard Terms & Conditions of NOMAD Ventures Limited (trading as NOMAD Sea Kayaking).
The above stated Waiver of Liabilty covers all participants under the age of 18 and by ticking the acceptance box in the booking process you confirm that you have read and agree to the terms set forth above in this WAIVER OF LIABILITY, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY AGREEMENT. Furthermore, I permit my dependent to participate in sea kayaking and paddle sports under the terms of the foregoing agreement.
The person making the booking must be the guardian of the minors under 18 years participating in the event, programme or trip OR the person making the booking agrees that they have the permission of the said guardian of the minor to agree to the Waiver of Liability by ticking the box during the booking process
By ticking the acceptance box in the booking process you confirm the folllowing that you have read the Terms & Conditions of trade & the Disclaimer and agree to pay on demand for any equipment issued that is damaged or not returned to Nomad Sea Kayaking.
I help out with a club race car and it has never ocurred to me to worry about this. Like you I do it at my own risk.
When I worked full time for a race team nothing was ever mentioned about insurance.
Drivers 'sign on' - helpers, wives, girl friends, etc. don't.
I go into the pitlane and as far as I know the pitlane is classed as part of the circuit - I just make sure I look before crossing, both ways!
Having said that I can understand your concerns in this age of 'no win no fee' compensation.
Liability Insurer Lurker here.
Any apprentices/helpers can be deemed employees under the Employers Liability Compulsory Insurance Act (irrespective of whether you pay them/tax/NI for them). You should probably organise some of that at least, possibly if you have some sort of motorsport insurance package this might be included/added anyway - speak to your insurers.
We can all assume we are there at our own risk, but they could, if injured, claim indemnity against you. Even if the injury is sustained via the actions of another person, you will still be subject to defense costs which would be covered by Insurers if cover was in place. Any no win no fee injury claims rubbish will usually go to the 'Employer' as well as other potentially liable persons/companies. I assume you are not a Limited Company, so in the event of a claim - you would be liable for settlement (without Insurance). Then there is the small legal matter of avoiding a compulsory insurance.
It goes without saying (I think) that serious injury claims can get well into the £Millions.
Waivers of Rights etc, are often worthless, especially where the decision may end up being taken in court. A large injury claim would cut that to ribbons. Not only is it potentially an unfair contract, liability would attach by virtue of a master servant relationship/compulsory insurance and over-ride that. Such waivers may have value where there is no master servant relationship; i.e. any damage/injury you cause to other 'members of the public'/other drivers/teams, but generally only to discourage a claim in the first instance.
Hope this helps, and serves to inform.
Jim.
Any apprentices/helpers can be deemed employees under the Employers Liability Compulsory Insurance Act (irrespective of whether you pay them/tax/NI for them). You should probably organise some of that at least, possibly if you have some sort of motorsport insurance package this might be included/added anyway - speak to your insurers.
We can all assume we are there at our own risk, but they could, if injured, claim indemnity against you. Even if the injury is sustained via the actions of another person, you will still be subject to defense costs which would be covered by Insurers if cover was in place. Any no win no fee injury claims rubbish will usually go to the 'Employer' as well as other potentially liable persons/companies. I assume you are not a Limited Company, so in the event of a claim - you would be liable for settlement (without Insurance). Then there is the small legal matter of avoiding a compulsory insurance.
It goes without saying (I think) that serious injury claims can get well into the £Millions.
Waivers of Rights etc, are often worthless, especially where the decision may end up being taken in court. A large injury claim would cut that to ribbons. Not only is it potentially an unfair contract, liability would attach by virtue of a master servant relationship/compulsory insurance and over-ride that. Such waivers may have value where there is no master servant relationship; i.e. any damage/injury you cause to other 'members of the public'/other drivers/teams, but generally only to discourage a claim in the first instance.
Hope this helps, and serves to inform.
Jim.
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