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Roger
Roger, Attorney
Category: Business Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I run an annual gymanstics clinic that is a fund-raiser. Our

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I run an annual gymanstics clinic that is a fund-raiser. Our town has asked my program to become an official 501c3 charitable organization with insurance. This is a huge effort for such a small one-man operation, so I intend to fold my clinic under a Community Center program in town which is a 501c3 already. The Community Center board is concerned about any liability and legal issues. I am getting the Town-requested $1M liability insurance and I plan to have parents of participants all sign a waiver - what else do I need to do to protect or address the concerns of the board so that my clinic can exist under this new organization without causing them legal/liability concerns?

Thanks very much!

Hi - my name is XXXXX XXXXX I'm a Business litigation attorney here to assist you.

 

The insurance policy is the main thing. If you've got coverage, then you and the center/town are safe up to the policy limits (which usually covers any claim).

 

A liability waiver with a hold harmless provision is fine to request of the parents to agree that they assume the risks of the activity, etc. However, a waiver doesn't isolate you from liability if you or a co-worker or someone associated with the organization causes an injury to a participant. That type of liability cannot be waived - but, that's what insurance is for.....

 

This is really all you can do to provide adequate protection to yourself and the organization.

Customer: replied 5 years ago.

Is any contract needed between the clinic and the board that may state the type of relationship between the two? If so, what type of relationship might that be?

 

Thanks again..

 

It is likely that the Clinic will want a contract. The relationship will likely be an independent contractor agreement.
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