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Third Party Waivers, Indemnification and Hold Harmless Agreements Procedure

Introduction

Scouts Canada differentiates two types of scenario when waivers, hold-harmless or reciprocal indemnification agreements (also called waivers) may be required to sign.

  1. Activities which Scouts Canada groups are “hosting” an event or activity, on another property (e.g. use of a building, school or a third-party contractor on behalf of Scouts Canada). In these cases, Scouts Canada is using the facility to host an activity, and more steps are required; refer to the Contracts Procedure.
  2. Activities in which Scouts Canada members “visit” an event or activity hosted or owned by a third-party require parental permission (e.g. indoor rock-climbing wall, downhill skiing, ziplines or high-ropes activities). In these cases, Scouts Canada permits parents / legal guardians to sign waivers on behalf of their children; however, Scouters cannot sign on behalf of the entire Section, Group or Council.

In all of these cases, when you consider an activity:

  • Make sure it is not a prohibited activity.
  • Parents/guardians should be given sufficient information along with the waiver to make an informed decision whether to sign it or not.
  • Allow enough time to deal with parental consultation or develop alternative plans.
  • Scouters can only sign waivers for their own personal participation and that of their own children.

 

Our Procedure

When asked to sign a waiver, indemnification or hold-harmless agreement for visiting a location or participating in an adventure:

  1. Determine if it is Parental/Guardian permission, or if it is asking for it to be signed for the entire group.
    1. Scouters cannot sign on behalf of the entire Section, Group or Council.
  2. Inform your Group Commissioner.
  3. In the case of parental permission (i.e. “visiting” a location for an adventure):
    1. Scouts Canada permits parents/guardians to sign waivers on behalf of their children to participate in approved Scouting activities.
    2. Scouters are responsible to ensure that the proposed activity is not prohibited and that all participants have signed waivers and parent consent forms if appropriate.
    3. Discuss and agree upon the risk management for the proposed adventure.
    4. Discuss and agree upon the communication plan for parents/guardians.

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