July 2016 - Parks & Recreation - 59

Understanding Participant Waiver/
Releases and Consent Forms

aiver/releases and consent forms, properly prepared and obtained,
are more than worth the paper on which they are written. They
indicate that to participate is a conscious voluntary decision, they
have been successful under particular conditions in obtaining summary judgements for the defense, and they are typically required as a condition of
sport liability insurance coverage.

Test Your Park
and Recreation
Knowledge
The following question is a sample Certified Park and Recreation Professional
(CPRP) examination question.
The implementation of appropriate
risk management policies and procedures should reduce an agency's...:
A.
B.
C.
D.

Maintenance cost
Right of due care
Program attractiveness
Cost of insurance

Calling all beginning to midlevel professionals! The Certified Park and Recreation
Professional (CPRP) is the national standard for all park and recreation professionals who want to be at the forefront
of their profession. For more information
on the CPRP certification program, visit
www.nrpa.org/cprp.
Answer: D. Cost of insurance

A waiver/release obtains an acknowledgement that participation involves a
risk of injury, even catastrophic injury,
and that the participant accepts that risk.
By signing, participants " waive " their
right to sue should an injury occur, and
thereby " release " the sponsor and its
agents from liability for any such injury
that should occur. A parent or guardian
must also sign a waiver/release if the
participant is a minor, and minors are
encouraged to sign as well to show an
agreement of shared responsibility.
A consent form obtains an acknowledgement and acceptance (again, by
parent/guardian as well if a minor) of
whatever expectations and prerogatives
are stated by the sponsor as terms and
conditions for participating, such as
emergency medical treatment, drug testing, transportation provided by the sponsor and compliance with the laws of the
community.
Either both or neither of these forms
may be appropriate in a given context,
depending on the following implications
for use:
1. Participants (and if a minor, his or her

parents) must be allowed to read and
be required to sign all forms before
given the privilege of participation.
This may be done once annually as a
condition of annual membership and
access to the sponsor's programs, or as
a condition of entering a given event.
Signed forms are to be kept and be retrievable " forever. "
2. " Participants " also includes any nonemployee official or volunteer who
agrees to assist in the conduct of the
program in a preplanned capacity, or
who is allowed to enter a restricted area.
3. The form must be readable and understandable to the participant and meet
certain state and case law expectations. Properly drafted, the release can
extend to ordinary negligence.
4. Waivers/releases and consent forms
are not substitutes for good loss-control procedures and participant accident insurance.
NRPA's sponsored sports insurance
programs are made possible by K&K Insurance and include Team Sports Combined Liability and Accident Insurance;
Football Combined Liability and Accident Insurance; Instructors and Interns
Liability Insurance; Blanket Accident Insurance; Equipment Property Program;
and Directors' and Officers' Liability Insurance Program. Visit www.nrpainsurance.com for applications and brochures.
Email NRPA Membership Programs
Manager Hayley Herzing at hherzing@
nrpa.org with any questions.

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Parks & Recreation

July 2016 - Parks & Recreation

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