by Deborah Martin,
www.portagecoach.com[editor's note: This is exchange is reprinted with permission from the Adventure Coaches Network on Ryze,
www.ryze.com. It began with a question from Jennifer Wright,
www.midlifeheroine.com.]
Jenn:
Hi Deb and All,
Having done my adventures in NZ where liability is not an issue like the states, I do risk assessment whereby participants sign that they understand. We also have public health care which covers tourists also... and we are using private land... So, now I am going to Oregon to do my new adventure.
1. What sort of release do y ou give to people? ie. the responsibility of what to tell me about any health issues that they have and what to do about it? ie. bee stings, etc...
2. First aid and CPR? Do we need to have designated people with this certification? We do in NZ, not that it helps a great deal with people traveling in pairs.
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Deb:
Hi Jenn and all,
There's just no good, quick answer to the liability issues here in the states. When I started addressing the liability issue, I first checked out getting insurance. For me, I found insurance unaffordable. So after many talks with an agent from the insurance company that carries my coaching liability insurance, here are his suggestions that I try to follow:
1. You can create a liability sign-off form if you want to (I don't have one) but they don't carry much weight. An individual signing the form does not give up their right to sue you if they choose to. The form may help by causing someone to pause and not sue, thinking that the form binds them in some way. According to the agent, this type of form is worthless in terms of your liability.
2. Have good coaching liability insurance and leave the physical stuff to a collaborator who carries the insurance to do these types of outings, like an outfitter. In other words, collaborate with someone who is in the biz of providing the physical experience. And you, as coach, provide the coaching experience and the insights. For instance, on my fishing trip to Ontario in July, I provide the cabin and the coaching. My participants deal directly with the camp owner for their boat. When I took a group over to S. Manitou Island in Lake Michigan, most of them wanted to kayak. I gave them the names of three kayak rental businesses in the area that would be happy to deliver kayaks to the island. I let the group make arrangements for their own kayaks. I did not do any coaching from a kayak or make kayaking a requirement of the outing. And I gave them a choice of rental places so the decision of who to rent from was theirs.
3. If you can't afford or don't need an outfitter for the entire outing, bring in experts who are insured for the physical activities only. For instance, I've done day outings at a camp not too far from my home. If the outing requires maybe a rope course, I hire the camp's expert for the hour or two, we all go through the activity with him/her, and then I facilitate the insights.
4. If it's not possible to collaborate with an outfitter, make all physical activities optional. Patt and I do this at Maho Bay Camps in the Virgin Islands. Maho Bay Camps, like any good resort business, is well insured for accidents that may happen at their facility, like slipping on the boardwalk steps, falling in the tent-cabin, etc. Patt and I provide participants with the camp phone number, email address and website and ask them to make their own tent-cabin reservations. We also give them names of other places on the island should the accommocations be a little too rustic. We provide all our retreat activities in a pavillion at the camp in the mornings. Afternoons are free with the exception that we ask participants to do some reflection activities and bring their insights with them in the morning. There's no requirement about how or where they do these reflection activities. Some prefer to "reflect" while sailing, some while taking a snorkeling tour, some while just sitting on the deck of their tent-cabin. It's their choice and they make all the arrangements for additional activities. On S. Manitou, I did the same in that none of the physical activities were required. We met around the campfire in the a.m. for discussion. The afternoon was free to hike, kayak or sit around camp. My only requirement was that at some point during the day, they completed some reflection activities that we could discuss that evening at dinner around the campfire.
Of course, if you want to become an outfitter that offers coaching and get liability insurance, that's possible. I'm just not interested in running that kind of biz. So the thing to remember when you're thinking through your arrangements and activities for your participants is that you are a coach. If an activity falls outside of the coaching arena, ask participants to register directly with those providing the physical experience and/or make that experience optional.
None of this will make you totally free from liability. But it will greatly reduce your liability. It takes a little practice to remember that you are a coach offering coaching in a unique environment rather than an outfitter offering a physical experience with some coaching added. But with practice you'll find yourself making the right decisions when the group has requests. If a few folks in your group want to go on a hike, for instance, let them make that decision and then join them if you want. Just be clear that you've decided to join them rather than they've decided to join you. And be clear that the hike is not a requirement so others can stay behind and reflect individually. I like to find places where there are a variety of hiking loops that all come back to the starting point. I provide the "coaching" at the beginning of the day, before things get physical, and again at the end. What happens between these times is each person's unique experience based on their choices.
The reflection activities really help with all this. In my outings, it's the participant's decision about how and where they choose to reflect. I just ask that each participant find some time each day to be alone in nature and complete the reflection activities.
Some coaches prefer to offer retreats/outings/adventures that are based on teamwork and group facilitation. I do that occasionally when asked by an organization or business to coach their team. But it's not my preferred style. When I do these types of adventures, I collaborate with an insured instructor for the less-than-safe activities and I have a ton of very safe and simple exercises that I can use to bring the group together.
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Jenn:
Deb, how would you handle this sort of thing... bee stings, etc... or do you?
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Deb:
I'm usually in a place where I can direct or take one of my participants to help. Say, for instance they get stung by many bees and have an allergic reaction they were not expecting. That's why my outing's base camp is always a short distance from medical help. On St. John, it's right there at Maho Camps with trained staff. On Dog Lake in Ontario, it's a 15 minute boat ride to a community with medical assistance. On S. Manitou, it's less than a mile to the ranger station. And that's why I always do a base camp and let participants explore on their own according to their level.
If someone is allergic to bees and they know it before the outing, I would likely tell them that they need to come prepared to handle their own emergency or this trip is not appropriate for them. Perhaps they want to come with a "buddy" who will be solely responsible for their medical condition. I'm pretty tough about taking the stance that someone's precondition to a potential medical emergency is not my responsibility. And, further, it is their responsibility to not compromise the outing by putting themselves in a situation beyond their capabilities and depending on their fellow adventurers for help. That's one of the primary reasons I have my participants register with the facility provider. They secure their own tent site, their own boat, their own kayak, etc.
If someone tells me they have a condition that may cause them problems (weak knees, bad ankles, a heart condition, allergies, etc.) I tell them to let the facility know. I've never turned someone down but I would in a heartbeat. A few folks have backed out on their own after talking with me. I know that I'm pretty politically incorrect, what with the Americans with Disabilities Act, but it's important to me that my participants know I'm just doing coaching in a remote location. I'm not providing a physical experience.
If I did not have a base camp and I was doing a moving trip (say the canoe trips I used to offer where we set up camp at a different location each evening) I'd definitely be working with an outfitter to provide the physical experience and handle the medical emergencies.
And here's one other tip that might help when registering folks who have health conditions they may or may not share with you. I always arrive at my base camp a day or two early. My participants are expected to find me. I don't pick them up at the airport, gather everyone, and lead them to camp. That little extra effort on my participants' part to finding the fishing boat rental and get a map to the cabin or find the ferry dock and catch the ferry and then follow the trail to the camp tends to keep me playing with very able people.
I actually have quite a bit of rescue and life saving training and so I personally feel pretty comfortable handling emergencies. But that's a well kept secret from my participants. Actually, I think it's my past years of rescue experience that has made me so tough about not wanting to be seen by my participants as the person who can handle their emergency.
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Deb Martin is a Master Certified Coach, coaching individuals to simplify life transitions and create more adventure. To learn more visit
www.portagecoach.com
