FMCBC Insurance Waiver FAQ’s

FMCBC Member Clubs have the option of participating in the FMCBC’s Insurance Program, which includes Third Party Commercial General Liability (CGL) insurance and Directors and Officers (D&O) Liability insurance. All club members and trip participants need to sign a waiver to help protect the FMCBC, its member clubs, their club members, and all FMCBC and club volunteers, leaders, and instructors.

Clubs participating in our Commercial General Liability coverage must use the FMCBC Universal Waiver available from
fmcbc@mountainclubs.org.

Some common questions regarding waivers:

Which waiver do I use?
Clubs should choose the waiver that covers all the activities in which their club participates, but not one that covers activities their club does not do. The waivers can be downloaded, printed, and used as is, or clubs can request to have their name included at the top. Email your request to us directly and we should have it back to you within a few days.

New! The FMCBC now offers e-Waivers for each of the printable waivers. Get your club members to complete the form digitally.

Who needs to sign waivers?
All club members and trip participants need to sign a waiver to help protect the FMCBC, its member clubs, their club members and all FMCBC and club volunteers, leaders and instructors. Note: Minors cannot legally sign waivers. Please see the following section for more details on how to handle participants under the age of 19.

Do minors need to sign waivers?
Minors (under the age of 19) cannot legally sign a waiver and their parent/guardian cannot sign on their behalf to waive any claims. The minor and his/her parent/guardian should instead sign the Acknowledgement of Risk (AR) form. Clubs need to make it clear to their trip leaders that neither a waiver nor an AR form will protect them in the case of a lawsuit from a minor. Both a waiver and AR form are ways to minimize the risk, but the risk cannot be eliminated. Therefore, trip leaders should be made aware if a minor has signed up to participate in their trip, and the trip leader should have the right to refuse to allow a minor to participate if he/she feels that there is too much risk involved. Sign the AR on PAPER ONLY!

How often do waivers need to be signed?
The FMCBC’s Universal Waivers can be signed annually or on a trip-by-trip basis. Technically, there is no expiry on the waiver, but we recommend having members sign it annually when they renew their membership. Signing annually ensures that all current members have a signed waiver on file with the club, shows that a club has good risk management processes in place, and reminds the member that he/she has waived their right to make a claim against the FMCBC and member club.

How far in advance do waivers need to be signed by members and guests?
A copy of the waiver should be posted on your website for members and guests to review before participating in a trip. It is not advisable to surprise trip participants with a waiver they have never seen at the trailhead and which they are required to sign if they want to participate. This situation would reduce the strength of the waiver in court.

Best practices for the use and storage of online and paper waivers can be obtained from the FMCBC. For more information, please send us an email at fmcbc@mountainclubs.org.

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