Ask a School Insurance Underwriting Expert is a quarterly column addressing insurance and risk management related questions for ABACC members.
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Ask a School Insurance Underwriting Expert: What Should Our School Require from Those Who Use Our Facilities?
Kevin Beer, President, Wright Specialty Insurance • September 16, 2024
Question: Is it a good idea to allow outside groups not affiliated with our school to use school facilities?
Allowing third parties to use school facilities fosters good relations within the community, of which you are a prominent member. However, the use of campus assets comes with risks that must be controlled. A good “Use of Facilities Agreement” helps protect the school from potential risks such as accidents, injuries, property damage, or legal disputes. Written agreements between the school and the third party that outline the terms of use, including rules, responsibilities, and liabilities, are an essential means of transferring risk to the entity or group that benefits from the school’s allowing them access to resources such as meeting rooms, auditoriums, athletic facilities, etc. These agreements should include clear language on who is responsible for damages or injuries.
Some of the most common injuries that occur when the public uses your facilities are:
1. Slips, Trips, and Falls:
- Causes: Wet floors, uneven surfaces, loose mats, or poor lighting.
- Prevention: Ensure surfaces are dry, well-lit, and free of hazards.
2. Sports-Related Injuries:
- Causes: Misuse of sports equipment, lack of proper training or warm-up, and overexertion.
- Prevention: Enforce rules on equipment usage, provide training, and encourage proper warm-ups and stretches.
3. Sprains and Strains:
- Causes: Overexertion, sudden movements, or improper lifting techniques.
- Prevention: Encourage proper form, equipment, and reasonable activity levels.
4. Cuts and Abrasions:
- Causes: Contact with sharp objects, broken glass, or poorly maintained equipment.
- Prevention: Regularly inspect facilities and equipment for damage or hazards.
5. Head Injuries:
- Causes: Falls, collisions during sports, or accidents with equipment.
- Prevention: Ensure participants wear helmets or other protective gear when necessary.
6. Burns and Heat-Related Injuries:
- Causes: Exposure to hot surfaces, equipment, or prolonged sun exposure.
- Prevention: Provide shade, hydration stations, and restrict access to hot surfaces.
7. Injuries from Equipment:
- Causes: Faulty or improperly used equipment (e.g., weight machines, playground structures).
- Prevention: Ensure equipment is maintained, safe, and used correctly.
8. Dehydration and Heat Exhaustion:
- Causes: Lack of hydration during physical activities, especially in hot weather.
- Prevention: Provide adequate hydration breaks and monitor for signs of heat-related issues.
Question: What requirements should users provide within the Facilities Use Agreement before allowing them to use school owned facilities?
The Purpose of Use is an important first piece of information to determine the specific risks involved. Naturally, a group meeting in an auditorium to hold a forum on a local issue will typically have fewer exposures than a local football team whose own fields are unavailable and seeks accommodation. Schools should require external groups to carry liability insurance and list the school as an additional insured. This ensures that the third party’s insurance will cover any claims that arise during the use of the facility. Participants should also sign waivers that release the school from liability for accidents or injuries that occur during the use of the facilities. As the examples above illustrate, a waiver may be more critical for one type of use and less so for others. The agreement’s language should include indemnification clauses requiring the third party to assume responsibility for certain risks, including legal defense and financial losses in the event of a claim.
Question: Aside from the Facilities Use Agreement itself, what additional steps are appropriate to guard against liability accruing to the school?
Supervision and Security
Schools may want to or need to require external groups to provide appropriate supervision, security, and medical personnel for events, especially if large crowds are involved or if the event presents unique risks.
Maintenance and Inspection
Facilities should be properly maintained and regularly inspected to reduce the risk of accidents and claims. Schools must also document these inspections to demonstrate due diligence in maintaining a safe environment.
Permits and Licenses
Some activities, like contact sports or concerts, can carry more inherent risks. Schools may impose additional requirements, such as heightened insurance coverage, event coverage or extra security measures.
Activity-Specific Risk Considerations
Some activities, like contact sports or concerts, can carry more inherent risks. Schools may impose additional requirements, such as heightened insurance coverage, event coverage or extra security measures.
The use of school facilities is a great way to maintain good relations with your surrounding community. If managed properly, everyone wins.
About the Author: Kevin Beer is president of Wright Specialty Insurance, an underwriting manager of specialty insurance and risk management solutions for public and private universities, colleges and K-12 schools. Visit their website or call (877) 976-2111.
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