All HI-AYH trippers and leaders must follow all local laws relative to alcohol. Moderate consumption of alcohol with the evening meal is permitted if local laws allow. For overnight trips, no alcoholic beverages are permitted to be taken back to the overnight accommodations (hostel, campground or other accommodation). Controlled substances other than alcohol are not permitted on any HIAYH trip unless prescribed by a physician.

On those rare occurrences when a tripper compromises the safety and well-being of the group, the trip leader has a right and a responsibility to dismiss

the tripper. The trip leader must first consult with a tripper to make him or her aware of the behavior and the impact on the group. After this consultation the leader may determine that it is still necessary to dismiss the tripper. The leader

should objectively document the specific actions that have caused the problems and a synopsis of the consultation with the tripper. The tripper should be informed of the leader’s decision with a witness present. Parents of minor trippers should be contacted as soon as possible. Reasonable accommodation

should be made to assist the tripper in making arrangements to leave the trip. The trip leader should inform the appropriate parties within the council of the events leading to his or her decision and the actions taken.

HI-AYH acknowledges that 100% compliance from our bicycle trippers may be unlikely but is a desired goal for our organization. Given what is known about the frequency and severity of injuries related to non-helmet use, HI-AYH feels it should be proactive in efforts to minimize the risk of such injuries by requiring helmets and making reasonable efforts to assure that participants abide by the policy. The following guidelines are provided to assist in the implementation of the policy, and to clarify expectations of local councils, their trip leaders and other volunteers.

The best approach on a mass event is to consistently and repetitively state the policy on all printed materials (brochures, posters, registration materials) that helmets are required. On mass events, registration forms frequently include the liability release waiver and can include language signifying acceptance of the policy by signing the release. Language can also be included in the release that if a participant chooses not to wear a helmet, he or she is no longer considered a ride participant by HI-AYH. All riders must agree (by signing the release) to wear a helmet. HI-AYH acknowledges the impracticality of confronting individual riders

on a mass event and recommends a consistent message to all riders that individuals riding without helmets are considered to be dismissed from the ride.

Riders who register and sign the waiver acknowledging their intent to abide by the policy but fail to wear a helmet during the event should be informed repeatedly of the policy to extent practicable. This could be done with signage posted along the route or by ride officials distributing brochures to these individuals. Again, HI-AYH acknowledges the difficulties in dismissing individuals during the event and recommends that the message be clear and consistent about the use of helmets.

Persons registering the day of the ride need not be required to show their helmets to ride officials. However, officials should decline registration to potential participants who freely inform officials of their intent to not wear a helmet. Ride officials can explain that we cannot prevent them from riding the route, but as nonregistered participants they do not have access to maps, food and water stops and any other event amenities. Preprinted cards or fact sheets can assist officials with providing information to potential participants without causing unnecessary delays the day of the event.

The helmet policy should be stated in all printed materials produced by the council including brochures and council newsletters and other announcement

materials. Councils should incorporate language in all liability release waivers signifying acceptance of the policy. If a participant chooses not to wear a helmet, he or she is no longer considered a ride participant by HI-AYH. Trip leaders are

authorized to refuse a potential participant if they show up for a ride without a helmet. If an individual insists on accompanying the trip, the leaders should inform them before witnesses that they are not considered participants and will not be permitted to register for the ride. While we cannot control the use of public roads, we can control who we accept as participants. Helmet usage in other recreational activities is recommended according to the risk management guidelines of that activity.

These are some of the risks involved in bicycling: falling, collision with other bicyclists, motor vehicles, or stationary objects, the effects of extreme weather conditions, and the conditions of the road, including but not limited to pinch points, potholes, sand, gravel, insects, snakes, and other hazards.

Call them liability waivers or assumptions of risk, these forms serve several very valuable functions. first, they provide the participant with detailed information about the activity that allows him/her to make an informed decision about whether or not to participate.

Second, they require the leader to define the risks inherent in the program to better help him/her make plans to minimize them.

Third, when signed, they provide a written record that the participant understood and accepted the risks.

Fourth, signed releases have been a valuable tool when defending trip leaders in court. In fact, a signed release may even stop a lawsuit before it is filed. While no waiver gives us iron-clad protection against claims and losses, there has been a

clear trend in recent years for courts to uphold good waivers. This gives organizations who use them some added protection. HI-AYH has won two cases recently because waivers were upheld in court.

What is a good waiver? First and foremost, a good waiver is one that is signed by the participant, and the parent or guardian of a minor participant.

Most of us would prefer to use a very short waiver. However, to be recognized in court, there are a number of elements that must be included.

A good waiver contains at least 10 elements. These include:

1. Instructions, in bold type, that direct the participants to read the release before signing it.

2. Language explaining that the participant is taking part at his/her own risk.

3. Language that establishes a contract between the participant and the trip organizers, e.g. "In consideration of..."

4. Naming of all parties to be released. Any interested party must be specifically named in order to be released from liability by this waiver.

5. Identification of the risks inherent in the activity, as well as those that might be unique for the particular activity. Trippers should be aware that boaters drown, bicyclists are hit by cars, cavers get lost, rock climbers fall. However, on a hike that reaches a mountain summit of +14,000 feet, there is a unique danger of altitude sickness.

6. Identification of appropriate safety equipment for the activity. For example, ANSI/Snell approved helmets on all bicycle rides.

7. Certification that the tripper’s health and fitness has been considered before allowing him or her to participate.

8. Language that indemnifies and holds harmless the organizers, sponsors etc.

9. Any ‘buzz words’ required in the local jurisdiction. For example, California requires the use of the specific word ‘negligence’.

10. Certification - in bold type- that the participant has read the waiver before signing.

While not required, it can also be helpful to include two other elements:

1. A medical permission to treat.

2. Permission to use the tripper’s likeness (a photo, for example) in the organization’s materials.

The general standard applied to determine the validity of the waiver is: Should anyone who reads the waiver be reasonably expected to know, understand,

and appreciate the risks involved in the activity?

The concept of liability insurance is simple. In any endeavor that involves risk, the people involved in that endeavor agree to pool their money to pay damages any one of them might incur during that activity. By sharing risk, they protect what they value.

This is the case with HI-AYH and our national liability insurance program. We know that our activities, like all activities, involve an element of risk. Yet we know that, in order to have activities, the leaders, the councils and the National Organization must have liability protection.

Therefore, HI-AYH has developed a national liability insurance program to provide protection for us all against losses resulting from liability claims. This insurance assures that:

1. Any volunteer or staff person who is sued as a result of leading a trip for the council or national organization, and who denies wrongdoing and/or disputes the damages claimed, will be defended.

2. Any volunteer or staff person who is held liable for act of negligence as a result of leading a trip for the council or national organization will have their damages paid to the extent of the organization’s liability coverage and/or assets.

There are two exceptions to this coverage that should be noted. First, like your homeowner’s insurance, or your auto insurance, this insurance will not automatically pay for damages caused by a leader that is found guilty of intentionally breaking the law, or acting in a blatantly reckless way. For example, a leader who is found guilty of child molestation will not be able to make use of this policy to pay damages. A leader who decides on the spur of the moment to scale Mt. McKinley in a snowstorm with a group of inexperienced 10-year-olds might not be covered.

It is reassuring to note that coverage has never been denied to any HI-AYH leader as a result of this.

Secondly, it does not include automobile insurance for HI-AYH volunteers while driving for a HI-AYH sponsored activity. We presume that each driver will have adequate insurance to cover his/her driving for this trip, and the cost of duplicating this coverage would be enormous.

Often HI-AYH leaders are asked to provide proof of insurance, when using facilities. This can be done, using the form in Appendix 4.

This is a Request for Certificate of Insurance (Proof of Insurance) Form. Send this in when someone, perhaps the owner of a facility you are using, asks for proof of insurance.

This form can also be used to request someone be named as an additional co-insured. If you are using a school, for example, it may request that it be added to our insurance for the duration of this usage.

HI-AYH has a $250,000 per occurrence deductible with a $750,000 aggregate cap. This means that HI-AYH is liable for defense costs and losses up to $250,000 for each claim filed with a maximum out of pocket expense for one year of $750,000.

The limit on the General Liability policy is $1,000,000 per occurrence, $2,000,000 aggregate. This means that when HI-AYH has met its deductible, the policy kicks in and pays defense costs and lost claims up to $1,000,000 for each claim filed up to a maximum of $2,000,000 in any one year.

The limit on the Umbrella policy is $13,000,000. Once the General Liability policy

limit has been reached, the Umbrella policy kicks in to pay defense costs and losses up to $13,000,000.