Use of 'Waiver/Release of Liability' form.

Posted by scot bower on March 10, 2011 at 11:50am

I'm not sure this is the most appropriate place in which to post this so forgive me if I cross-post. (moderator please feel free to move it! :) ).

 

The query is regarding short term mission teams. We have recently had our waiver/disclaimer/Release of Liability form challenged by a lawyer freind of one of our team applicants who felt several of the conditions were inappropriate. We are now looking at redrafting the document and wondering who else uses one, whether they are worth having (i.e. would they stand up should they need to be relied on)? and whether anyone would be willing to share the knowledge.

I've attached our current one as well as the comments we have had.

24-7_WAIVER_FORM.docx

email_8_3_2011.doc

thanks 

Scot

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Tags: disclaimer, insurance, liability, waiver
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Replies

  • 23l14lei1rwr9 March 24, 2011 at 3:19pm

     

    Dear Steve

     

    1. As you are aware my area of expertise is insurance and from this stand point it is my understanding that Waivers can be contested in court, particularly if they are seen to be unfair. If this were to happen, there would obviously be legal costs incurred by 24-7 even if it was felt the Waiver were fair – do you have cover for this?
    2. One other question I would pose and that relates to 24-7’s Duty of Care. Where there is an Employer/Employee relationship that Duty of Care is clearly defined. But I would also suggest that 24-7 has a similar Duty of Care to it’s volunteers.

     

     Suggestions for ways you can limit any financial risk for 24-7 Prayer;

    1. Ensure all volunteers are covered under the 24-7 travel policy rather than individual ‘holiday’ type policies which may not cover the type of activities being carried out – by doing this should an accident occur you know that the volunteer will receive the treatment required with no cost to themselves as the 24-7 Prayer policy has no excess for medical expenses.
    2. Take out Worldwide Combined Liability Insurance to protect 24-7 against any legal liability claims arising from it’s activities on a worldwide basis (the cover would include costs and expenses incurred relating to the claim).

     I hope this is useful

    Kind regards

    Sue

  • Norma Coles March 10, 2011 at 3:13pm

    Hi Scot

    You do seem to have a lot of objections there! We certainly use waiver release forms for short term mission teams that come over. I haven't looked at one recently as all those formalities are handled by our missions team in UK but I seem to remember it was more simple. If you contact Kathy Cooper, or Christina Baron at Elim HQ they may be able to show you a copy of ours. http://www.elimmissions.co.uk

    Hope you can get it sorted.

    Norma

    • scot bower > Norma Coles March 16, 2011 at 7:15pm

      thanks Norma

      Scot

    • 23l14lei1rwr9 > scot bower March 21, 2011 at 3:27pm

      Hi Scot

       

      Am I right in thinking you use this form to prevent any 'Volunteer' from bringing proceedings against 24-7?

       

      Sue Burtenshaw

      MasterPolicy Insurance Brokers

    • scot bower > 23l14lei1rwr9 March 21, 2011 at 3:52pm

      Pretty much Sue yes. It's used for any one who takes part in our short term mission teams. 

      from our research many organisations use them, ours was in fact based almost entirely on habitat for humanity (with permission). 

    • 23l14lei1rwr9 > scot bower March 21, 2011 at 4:08pm

       

      I need to discuss this with my colleague, Simon West, but you may want to consider protecting your organisation with a Worldwide Liability Insurance.

       

      I will reply again tomorrow when Simon is in the office.

      Kindest regards

      Sue

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