INTRODUCTION (back to top)

Cross Country Canada has Liability Insurance for its Directors, Provincial Divisions and their Directors, Members Clubs and their Directors, Members, Volunteers and Sponsors. The coverage in force is a Third Party Sports Liability Policy which includes Directors & Officers Errors & Omissions.

First, Second and Third Parties: definitional overview

There are three (3) Parties to an Insurance Contract:

First Party: The Insurance Company

Second Party: The Named Insured (CCC/ Divisions/ Clubs/ Members/ Directors/Volunteers/etc.)

Third Party: The Claimant

This Broad coverage will protect the Named Insured from any claims and/or suits where negligence is alleged, whether it be from a Spectator or a Participant, or any other legal entity. Claims and/or suits by Members [Participants (2 ^nd Party)] are allowed for within the Policy under the "Injury to Participants" and "Cross Liability" endorsements. The Member [Participant (2^nd Party)] then becomes "The Third Party".

In addition to Directors & Officers Errors & Omissions, coverage for member clubs includes the following: All Nationally and/or Divisionally Sanctioned Program/Activities/Events and the Participants, Officials, Organizers, Coaches, Leaders and Sponsors. Coverage will also extend to Venue Providers (Municipal, Provincial or Federal Governments and/or Private Landowners) if requested. Coverage also extends to Grooming/Maintenance of Trails & Tracksetting done by a Club, either on their own property and/or on land owned by others, provided permission is granted in writing by the landowner and kept on file with the Club. Some restrictions apply to the use and operation of a chainsaw for trail clearing. Please check with the CCC office.

This document details the extent of insurance coverage as well as registration/waiver requirements and other obligations of parties seeking to belong to this liability insurance program.

Incident report procedures are at the end of this manual. Please keep handy.

OUTLINE OF COVERAGE (back to top)

• up to $5,000,000 coverage per claim for all amounts in excess of $1,000 deductible for all bodily injury claims.
• up to $1,000,000 per claim for all Errors and Omissions.
• up to $5,000,000 coverage for Advertising Injury claims for all amounts in excess of $1,000.
• participant coverage included.
• cross liability clause included (one participant sues another).
• all named organizations and their registered members are included. These include CCC, its Divisions, member clubs, event organizers, sponsors and participating land owners.

COVERAGE FOR:

CROSS COUNTRY CANADA (CCC) includes the following: National staff, Board of Directors, National Committees, National Ski Team and nationally sanctioned programs/activities. These include:

• National Ski Team programs
• Nationally sanctioned races
• Coaching, Officials, Jackrabbit, Women's, Popular Ski programs and related administration.

Groups noted above and National sponsors to these groups must adhere to CCC safety guidelines and must be registered with the CCC National Office to be included in this policy. Registration includes listing names, job descriptions (if appropriate), teams, schedules, events.

CCC DIVISION includes the following: Division staff, Division Boards of Directors, Division Committees, Division Ski Teams and divisionally sponsored/sanctioned activities and events. The Division is covered for all nationally sanctioned programs/ activities as identified above.

Groups noted above and Division sponsors to these groups must adhere to CCC safety guidelines and must be registered with the Division Office to be included in this policy. Registration includes listing names, job descriptions (if appropriate), teams, schedules, events.

All clubs registered with their Divisions & Cross Country Canada.
 

PRIMARY COVERAGE (back to top)

Coverage is for all Nationally approved programs/ activities. These are directed by the Cross Country Canada Board of Directors and Committees, employees, volunteers, members and member clubs. Principally these include: Nationally (Divisionally) sanctioned races, coaching and officials programs, Jackrabbit, Schoolski, Challenge, Women's, Popular Ski programs and related administration of these programs. National (Divisional) sponsors to these programs are covered provided they are registered.

At the club level organized programs as listed below are covered:

The insurance coverage is primarily for all activities described above as sanctioned by CCC.
 

SECONDARY COVERAGE (back to top)

Other recreational activities provided by the club is covered subject to the following conditions:

• the club and its program is registered.
• the insurance coverage is secondary to any personal liability coverage a member has.

This includes but is not limited to:

• general recreational skiing
• socials
• fundraising and PR events
• out-of-town tours if sponsored and run by the club
• club house daily use
• trail preparation

CONDITIONS RELATING TO CLUB COVERAGE: (back to top)

1. Liabilities that relate to the operation of an owned vehicle (i.e. Division or club van) are excluded. It is important for individuals who use their vehicles for Division or Club activities and particularly for carrying passengers to have adequate Third Party Automobile Liability Insurance. A minimum Third Party Automobile Liability of $1 million is recommended. The Non-Owned Automobile extension on our Liability Policy will defend the Club, Division, CCC Business. The member's auto insurance will defend the Member, Club, Division, CCC against a claim arising out of the operation of an automobile while acting within the scope of duties.
2. The operation of all grooming equipment is included in this policy providing equipment is used by individuals experienced in their use. All grooming equipment is in included in this liability policy with the exception of licensed or licensable motorised equipment which must be ensured on an automotive policy. In this case any liability beyond the automotive coverage will be covered by this policy.
3. Club meetings, club socials, fundraising and public relations activities are covered by this insurance program. Availability of alcohol at these functions is not prohibited but good judgement should be used in the interests of safety and club reputation.
4. General club skiing by members is included in this policy, subject to members following commonly accepted safety practices. For example, if a club member is injured due to poor preparation of the trail, any liability action initiated would cover both the club and the person in charge of grooming.
5. Day use members are covered as regular members so long as they are appropriately registered. Clubs should have evidence that they are day members, e.g. day tickets printed with "skiing at your own risk", otherwise the club will not be covered on any claim registered by the day use member. Please provide the number of expected skier visits in your registration. As this an important part of the insurance coverage provided, clubs who do not provide this information accurately may jeopardise coverage in this area in future years.
6. Waivers: all club members and participants must sign a waiver (sample formats are available from your Division Office or National). Waivers should be kept on file by the club for three (3) years. By signing the waiver, both the participant and the club are formally aware that the activity does have some risk attached to it.
7. Non-club skiers: this policy provides for protection against claims initiated by non-club skiers who trespass on club trails.
8. Mountain Touring and Overnight Camping Tour: If this applies to your club, please contact your Division for the registration information necessary.

GENERAL SAFETY CONSIDERATIONS (back to top)

Olympic Style Events

These competitions include:

• International competitions held in Canada (FIS World Cup or FIS Calendar events).
• National competitions (National Champion- ships and National Race Series).
• Divisionally sanctioned events.

The following procedures are common for all events noted above.

1. Registration of the event for insurance must be completed by November 15^th.
2. All participants not in possession of a CCC Racing Licence must sign the required waiver form at the time of registration for the event (sample formats are available from your Division or National Office.)
3. All events will include a Technical Delegate/ Advisor who will ensure the races are run per appropriate rules and will include in the T.D. Report details of any accidents which occurred.
4. Adequate safety equipment and personnel will be provided, operating under the responsibility of the Chief of Competition. (For further details, see Officials Manual.)

Rules governing these competitions are:

• International: F.I.S. Rule Book.
• National and Divisional Races: CCC Rule Book.

To ensure clarity concerning required safety procedures, the following minimums are required:

1. All courses are to conform to technical criteria outlined in the FIS or CCC Rule Books.
2. All courses are to be properly groomed for training and competition.
3. The Chief of Course and/or Technical Delegate/ Advisor are to inspect the courses prior to the competition to ensure that the necessary conditions for safety are met.
4. Qualified safety patrollers are stationed at the race start/finish area with appropriate first aid equipment to access skiers at any time, anywhere on the course.
5. All courses are to be swept at the conclusion of the race.
6. Any especially difficult areas are to be clearly identified or, if necessary, removed from the course.

Loppets

These competitions include:

• Divisional loppet calendar events

The following procedures are common to the above identified loppets:

1. Registration of the event for insurance must be completed by November 15^th.
2. All participants not in possession of a CCC Racing Licence must sign the required waiver form at the time of registration for the event.
3. In addition to the safety procedures (points 2 to 6) outlined in the section "Olympic Style Competitions", the loppets must meet these safety pre-conditions:

• clearly visible signs and markers should be placed along the course to advise participants of medical stations, feeding areas, steep downhill, bridge/road crossings or other areas which require special consideration by skiers.
• preventative action such as cut-off time for late/ slow skiers, shortened tracks for extreme cold conditions, etc.
• patrollers on course at specified checkpoints.
• qualified doctor and ambulance on standby basis.

For further information regarding these competitions, consult the FIS Rule Book (pages 60 to 67) and the CCC Rule Book section on loppet competitions.

Club Races and Time Trials

These races range from coach-led time trials to Club Championships. For insurance purposes, the following safety considerations apply:

1. All courses need to be groomed and their safety insured prior to the competition.
2. Waivers need to be signed.
3. Adequate safety equipment and personnel should be available and an emergency plan defined.

Nationally Sanctioned Programs run by Clubs:

The following procedures and safety measures apply to Member Clubs with regard to coverage under the insurance program:

• insurance registration: refer to Registration Procedures: Club and Event Organizers .
• program administration: all programs are to be administered under the supervision of a qualified official. The suggested minimum requirements and applicable manuals are:

Common sense safety procedures are to be followed at all times. These include adequate supervision, providing safety officials at events when appropriate and ensuring participants are informed of the program's requirements prior to the start of the program.

Pre-season training for athletes includes the following activities: running, hiking, rollerskiing, rollerblading, road cycling, mountain biking**, organized games such as soccer, hill/track intervals, weight and resistance training, off-season glacier skiing. Other activities may be covered but contact CCC first to ensure the activity would be covered in the policy. Higher risk activities such as mountain biking** (regardless of the type of bike used in the activity) and road cycling are only covered for training purposes and in no case does the coverage include recreational biking, racing events or time trials.

** Mountain Biking: Due to the high risk involved and recent liability cases in this area, coverage is limited to 3rd Party Liability only.

Activities/procedures described in the manuals listed above are included in the insurance program. Other or new activities maybe covered but check with the CCC National Office prior to assuming these are covered. The leaders bulletin will beproviding information as to new activities or additional safety procedures.
 

DIRECTORS & OFFICERS ERRORS & OMISSIONS LIABILITY INSURANCE (back to top)

CCC Executive, all Division Executive, Club Executive, all members and volunteers are covered for Errors and Omissions.

This coverage includes but is not limited to:

• wrongful dismissal
• mishandling of funds provided not theft or fraud
• sexual and physical discrimination
• breach of promise
• unfair practise
• any actual or alleged Error or Misstatement or Misleading Statement
• any actual or alleged Act or Omission or Neglect or Breach of Duty
• first dollar defence