Community Partnerships Can Be Risky Business - determining risks and responsibilities associated with camps' involvement in community development programs

Camping Magazine, Sept-Oct, 2001 by Ed Schirick

As camps reach out to their communities to provide facilities and services for various programs, the principles of risk management can provide structure and help you avoid problems. Let's consider some risk management and liability issues facing camp community partnerships with schools, alternatives to incarceration for juvenile offenders, and elder hostel programs.

Camp and School Partnerships

Camp and school relationships have been built around the camp's facilities as an extension of the classroom. Science teachers, in particular, have taken advantage of the wonderful earth science and environmental education opportunities that abound at camp. Some camps have found this to be a fulfilling way to help their local communities, educate children, and improve their bottom line. Opportunities always present some risks. School and camp partnerships are no exception.

Directors should recognize and be prepared to manage the risks involved with these relationships.

Create a community-service contract

The scope of risk depends to some degree on the size of the group and the activities planned. Often an entire class participates in a field trip to camp. Whether you plan one program a year or one hundred, the relationship, responsibilities, and services to be provided should be concisely spelled out in a contract.

For example, some camps lease their premises for use as an environmental classroom and only provide cabins, snacks, and meals. None of the camp's recreational facilities are available to the students. No operations are conducted by camp staff. Teacher(s), volunteer chaperones (parents), and other school staff provide the supervision and instruction. This is one of the more basic arrangements. In spite of its simplicity, the details of this relationship and the services provided should be outlined in a contract.

Enlist an attorney

You should hire an attorney to put the relationship and responsibilities shared between your camp and the school into concise legal language. Always use an attorney to write a contract so it can comply with your state's laws and reflect your operation. Consider sharing samples of your contract with directors in other states. This is a great way to generate ideas. However, keep in mind that laws differ from state to state. Writing contracts is definitely a situation where one size does not fit all.

Identify risks and responsibilities

The contract should indicate that each party is responsible for its own negligence. The school should be responsible for the acts and omissions of its staff (failure to properly supervise, etc.). The camp should be responsible for injuries that occur on the premises, which arise out of the premises (buildings and other improvements) and risks inherent to the premises (roots in paths, uneven ground, etc.).

Be specific about insurance requirements

All organizations who wish to contract with you for use of your premises, or to jointly conduct programs, such as challenge courses, should have their own insurance. Your contract should require proof of their insurance in the form of a Certificate of Insurance. Furthermore, the contract should stipulate that their General Liability Insurance provides coverage for injury to participants. The limits of liability carried by the contracting organization should be at least $1 million for General Liability.

The Certificate of Insurance

The Certificate of Insurance should also indicate that the organization carries Workers' Compensation and Employers' liability Insurance in accordance with the laws of your state. Employers' liability Limits should be at least $500,000. If no Workers' Compensation Insurance is carried by the organization, an injury to one of its employees could wind up being paid by one of your insurance policies. All independent contractors and organizations who lease your premises to conduct any activity either independently or jointly with you should have Workers' Compensation for their staff.

Upon receipt of the Certificate of Insurance, send a copy to your Insurance Broker, or Agent. Ask your broker to review the information for anything unusual and to check the A. M. Best rating of the other organization's insurer to determine whether the insurance company is admitted to do business in your state. Ask your agent to report back on these issues and identify any concerns based upon the information obtained. This process may present other risks, which you may have to address before the group arrives. It is recommended that all contractual requirements be met before you permit the group to conduct any operations on your premises.

Why bother to have a contract, if you don't enforce it?

Insuring Volunteers

Some camps go so far as to insist that volunteers (chaperones, parents, etc.), who accompany the group, be covered by accident medical insurance, since these people may not be considered employees and not covered under Workers' Compensation if they are injured.

If any joint transportation is provided, for example, when your staff or volunteers ride on another organization's bus, request evidence of Automobile Insurance on the Certificate of Insurance.