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No Street Shoes
Please:
Carry Your
Dancing Shoes in to the Dance Schools and owners of various
facilities are becoming increasingly concerned about scratches and
damage to wood and other floors of their gyms and other rooms from
such activities as square and round dancing.This is now more than
preventing black scuffmarks on the floor. Repairs and refinishing of
floors are expensive. Footwear worn outside will have sand and
stones, and in the winter, salt, imbedded in the soles that will
mark and scratch a floor in no time. Yes, even running shoes worn
outside can have stones and sand imbedded in them that will mark
floors! Failure to take proper action and prevent damage to floors
can result in claims for damage repairs and lawsuits. These repairs,
lawsuits and legal costs can be very expensive and can result in
increased insurance costs. What can and should be done by dancers
and those organizing a dance? Dancers: Carry your soft-soled
dancing shoes into the dance and put them on inside; Do not
wear your dancing shoes outside - they can get sand & stones
imbedded in them; Dance Organizers: Be sure your club or group
has a copy of the Society Certificate of Insurance. Publicize
all dance events indicating that soft-soled shoes are required and
that footwear worn outside is not allowed on dance floors.
Arrange for floor mats outside halls to help gather sand from
hallways before dancers enter halls. These also help prevent the
floor wax from the hall being tracked around the rest of the
facility (perhaps reducing cleaning costs). Arrange to have
brooms/mops and dust pans available for your use from the hall
owner; Sweep the floors before dancing to remove any sand and
debris left by those using the facility before your event.
Sweep the floor during the dance, if the sound of grit and dirt is
noticed while dancing. . Check that all dancers are wearing the
proper footwear on the dance floor and ask those not complying to
make changes or leave the facility. Some clubs have large size
woolen work socks to cover shoes that are in doubt. and Help
clean up the facilities after dancing, especially sweeping the
floors. This provides a chance to check that the floors are the same
as when you came in..
Cloggers should
make sure the building owner/manager knows that their shoes have
taps on them as certain floors are more susceptible to damage from
taps. If the owner/manager does O.K. your usage of the facility, get
it in writing. Check taps daily for loose nails & sharp edges.
If requested
make the school or other facility aware of your insurance coverage;
and if necessary show them a copy of the Certificate; show and tell
the facility owners about the dance shoe requirements in the ads;
show facility owners the kinds of footwear that are worn.
Happy dancing
and shiny scratch-free floors and satisfied hall owners!
THIRD PARTY
LIABILITY INSURANCE
What is Third
Party Liability Insurance?
If there is a
"third party", it would seem reasonable that there must be a first
and second party. There is.
The first party
is us,
the dancers or dance organizations that make up the movement. We are
called the "insured".
The second party
is the insuring company, which most likely is referred to as the
"insurer".
"Third party"
means someone else outside our dancing organization or the insurance
company.
Typically, it is
the corporate or individual owner of a hall or a building which we
rent for dancing.
it
could also mean someone or some organization we deal with to buy
something, or obtain some service from, or provide some service to.
As well we have
"cross liability" included in our insurance policies so that someone
within the square and round dance movement can take legal action
against someone else within the movement.
One important
point when considering the third party liability insurance is that
it is business insurance, and the Society's insurance policy is a
standard commercial business policy. At first glance, it may appear
that we do not fit easily into this type of insurance, but we do.
What is our business? Our business is dancing. We tend to treat it
as a hobby or recreation, but take the viewpoint that we dance for
money and that we spend a lot of time practicing (weekly dances) in
order to perform publicly (demos) to sell our product (dancing for
fun, health, recreation, etc.).
The Insurance
Policy
WHAT TO DO IN
THE EVENT OF AN ACCIDENT
In the event of
an accident or incident, members should render first aid and
assistance as
Considered
practical in the situation. If warranted, emergency services should
be contacted. At the first available opportunity, notification
should be given by phone to the person handling the membership
duties of the Federation./Association. It should be followed up in
writing providing the details of the accident or incident as
follows:
a. How, when,
and where the occurrence took place;
b. The names and
addresses of any injured persons, and of witnesses;
In the event a
claim is made or action brought against a member, the member must:
a. Provide
prompt notification to the Society's membership person of demands,
notices,
summonses, or
legal papers received in connection with the claim or action;
b. Authorize for
the insurance company to obtain necessary records and information;
and,
c. Co-operate
with the investigation and assist with the settlement.
Generally,
members should render all reasonable assistance possible for the
protection of life and property, then at the first available
opportunity, make notes of what happened. Notes greatly assist any
resulting legal inquiry.
The best guide
for the notes are:
"who", "where",
"what", "when", "why", and "how".
What to Expect
in a Legal Process
The legal
process is called "litigation" and although it sounds complicated,
it is usually straight forward. We are lucky that square and round
dancing is a safe activity. We have had national and provincial
insurance in place since 1978, and have had very few cases that
involved insurance.
However, there
have been, such as:
. Walking
into a glass window;
. Falling off
a ladder while decorating a hall;
. Falling off a
float in a parade; and,
. Slipping and
falling while dancing.
Even though we
are a "safe" activity, accidents do happen. That is why we insure.
And we get our insurance at such a low rate because we are a low
risk activity.
The legal
process is sure, but slow. Someone claims that someone else is
responsible for something and demands damages. Both sides hire
lawyers. Most of the time an out of court settlement is made as this
is the quickest method for all concerned. There have been cases in
square dancing when the insurer paid for some minor breakage rather
that go through the legal proceedings. For a large claim, there will
be a "discovery" prior to any trial when evidence is given and each
side weighs its chances. Settlements often occur here. If no
settlement is reached, the case goes to trial. It takes at least one
year for even minor cases to go to court. If there are appeals, then
it drags on and on.
If you follow
Supreme Court decisions, they are usually giving a judgment on
something that occurred five or more years ago.
Legal fees are
also a consideration here. Lawyers bill by the hour.
However, if you
have liability insurance, then the insuring company covers all the
costs. It still takes time, but at least someone else pays the
bills.
FREQUENTLY ASKED QUESTIONS ABOUT INSURANCE
Why do I need
insurance protection?
Accidents
happen. You need insurance today to protect yourself in the event
you are responsible for an accident.
We spill a cup
of coffee and someone slips. We sit on someone's glasses. We drop
the caller's
record player. We are not "lawsuit happy" in Canada, but we do have
lawsuits from time to time, and we need to protect ourselves. The
Society's policy offers that protection.
Who is the most
at risk?
Club executives,
callers, cuers, and leaders are the most at risk. If anything goes
wrong, they are the first to get blamed.
How much do I
get if I break a leg?
The short answer
is nothing. Our insurance is not accident insurance. It is third
party liability protection insurance and comes into effect only when
you are sued by someone. Payments are made only as the result of a
legal decision. If you break a leg, and you think it is the fault of
someone, you must take legal action to collect damages.
Can I sue
another club member?
The policy has a
provision called "cross liability", which means that each member is
treated as though a separate policy was in place. Members can sue
members. It makes no difference whether the member is an individual
or an organization.
What is a
"dancing related activity"?
Anything that is
done during the course of dancing is a dancing related activity.
Dancing during regular club dances, or dancing at open dances are
the most common examples. However, it may also be demonstration
dancing in a mall, dancing for seniors in a health care facility,
dancing on a float in a parade, decorating a hall for a dance,
participating in a club barbecue or picnic, preparing dance flyers,
taking tickets at the door, preparing coffee in the kitchen,
sweeping the floor, carrying in equipment, blowing up balloons,.
What happens if
I am sued by another dancer?
If you are named
in a lawsuit, you would notify the club executive, who, would, in
turn notify the Federation's membership administrator, who would
notify the insurance company. The insurance company assumes your
defense, and if the case is lost, it pays the damages and legal
costs. Right or wrong, the insurance company is on your side to
fight your battles. That is called peace of mind.
What is meant by
"Operations" in the Insurance Policy?
The policy is a
standard third party liability protection policy. It is business
insurance. Our business is dancing. Dancing is treated just like we
were running a store, or a restaurant, or selling cars, etc.
For example,
dancing is the basic operation in clubs. But related operations are
taking
tickets, serving
refreshments, holding executive meetings, putting out or picking up
chairs and tables, holding a Christmas party, etc.
Am I covered if
I dance in the States?
The insurance
policy provides World-wide protection. The only stipulation is that
lawsuits must be brought against you in Canada.
So if you are
dancing in Arizona, for example, and you are
responsible for
an accident and are sued, the suit must be laid in Canada. This is
common to liability protection insurance around the World.
Is food
poisoning covered?
Serving
refreshments is part of our standard operations. If you are sued by
someone because of food poisoning, the insurance protection under
the policy is in effect.
Do we have many
insurance claims?
We do not have
"claims" as such. We have had settlements as the result of some
legal action.. Since 1978 in Canada, we have had less than a dozen
insurance involved accidents.
What is a "named
insured"?
"Named insured"
is a buzz word in the insurance industry. It is used to establish
who is covered and who is not. For the Society, the named insured
are: . The Canadian Square & Round Dance Society, its directors,
members, and employees, and/or;
. All member
regional associations or equivalent organizations, their directors
members, and employees, and/or;
-All
member incorporated or non-incorporated clubs, their directors,
members, and employees, and/or;
. All member
callers, leaders, instructors, or cuers, and/or;
. All dancers
who are members, and/or;.
. It may also
include the owner of the premises used for dancing, if the owner so
requests.
What should I do
as a club president?
The most
important task you can perform for your club and its members is to
become a member of the Society. More importantly, ensure your club
executive and caller, cuer, or leader are also protected.
If you or your
club do not become members, then you or your club are at risk in
case of
an accident. But
you have to act. It is not automatic. It cannot be retroactive after
an accident has happened.
The Society has
to have your club names and appropriate dues before any coverage is
active.
Membership dues
are for the calendar year, and must be received before December 15th
to become effective on January 1. Ensure by December 1 that
you send in your dues to your local Association or if you do not
have a local association, to the Federation.
Disclaimer:
This information
is intended only as a guide for dancers and club executives to help
provide information regarding third party liability insurance.
The information
was considered correct at the time of publication.
This information
is made available by the CSRDS to members and other
interested
parties on the clear understanding that neither the Society, its
Board of Directors, or its staff can be held responsible for the
consequences arising from the use of this information.
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