Insurance and the Use of 'Waiver Forms' for Probus Club-Sponsored Events

The issue of Waivers and their use at Probus sponsored events is a topic that we field from Probus Members on a fairly regular basis. The question is whether Probus Clubs that are hosting an event for Members and or guests of Members should be using waivers. Are they necessary? Should their use be insisted upon?

From an insurance perspective, you should understand that using a waiver is not a condition of coverage. In other words, the general liability and or D&O Insurer will not deny coverage simply because you do not use a waiver form at your events. When Insurers underwrite a risk they do often take a measure of comfort when they see prospective insureds using waivers because it demonstrates a level of responsible risk management. Having said this, insurers are not in the business of dictating how an insured should run their business and therefore they do not insist that you use a waiver.

The issue of whether to use a waiver is ultimately a legal one. We would encourage all Clubs to obtain proper legal advice on whether to use a waiver but in general terms the use of a waiver in certain circumstances will improve your chances of successfully defending a claim. A waiver will likely demonstrate that you brought certain risks associated with your event to the attention of the individual participating and if they are injured you will be able to show that you took certain precautions such that your liability should at least be lessened. Once again, we would encourage each Club to consult with a lawyer on the issue but from an insurance perspective using or not using a waiver will not impact on whether you have coverage or not.

Edit as per info from HUB July 22, 2024