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Loss Prevention Guide |
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| YELLOW LIGHT | |||
| Occasionally, PTAs want to sponsor activities which may require additional insurance coverage, waivers of liability, certificates of insurance or other special arrangements. PTAs must strictly adhere to PTA guidelines. All conditions must be met and/or the California State PTA Insurance Broker consulted before undertaking any activities listed on the YELLOW pages. | |||
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Under no circumstances should any PTA unit, council or district
sign a Hold Harmless Agreement for a vendor/concessionaire/service provider, or agree in
any way that the PTA will be held responsible for liability. Review all contractual arrangements
very carefully to make sure that they do not contain such provisions. If a contract includes
a Hold Harmless Agreement contact the California State PTA
Insurance Broker prior to signing. |
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| The numbers [e.g., (1)] following each activity refer to the CONDITION(S) that must be met prior to a PTA voting to sponsor an activity or event. | |||
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Aerobics (1) Athletic Events (1), (3), (4) and (5) Ballet or Dance Classes (1) Babysitting at PTA Meetings (4), (6) Bike Rodeo (1) Bingo (9) and (10) Camps — Outdoor Enrichment and Science (1), (2) and (3) Carnivals with Powered Rides and Amusement Vendors (2) and (3) Chartered Services, Limousine Services, Any For-Hire Transportation (2) and (3) (16) Childcare (3), (4) Climbing Walls (2) Craft Fairs, Holiday Boutique and Swap Meets (2) and (3) Defibrillators for School Use (20) Dunk Tank at PTA Event but Sponsored by the School (22) Enrichment (After School) Classes (19) Field Trips (1) and (2) — if questions, then (3) Go-Carts (1) and (2) Hay ride (3) Helmet Fairs (14) Hypnotist (2) Jog-A-Thon/Walk-A-Thon (1) and (5) Inflatable Slides - Must be tied down - No Homemade Slides (2) Interactive Games (1), (2) and (13) Grad Night (1), (2), (3) and (12) Laser Tag (2) Limousine, Bus Service or Transportation (2) and (16) Litter Cleanups (1) and (11) Opportunity Drawing Tickets (10) Parking Lots – where you charge a fee for parking (17) Petting Zoo (2) and (18) Purchase of Playground Equipment (15) Raffles (21) School Premises (7) Skate Night (1) Snack Food Concessionaire — Hired (2) and (3) Space Ball (2) Sumo Wrestling (1) and (2) Swim Classes or Swim Party (1) and (8) Velcro Walls (2) Virtual Realities (2) Water Slides - No Homemade Slides (1), (2) and (3) Yoga (1) |
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| CONDITIONS | |||
| ( 1) | Obtain a signed PTA student waiver from each student’s parent or guardian. A waiver may be signed for a whole year’s activities; place it in the school packet at the beginning of the year. You will need to adapt and add the wording “as respects all PTA-sponsored events for the school year 2006-2007.” Anyone eighteen or older may sign his/her own waiver. (See page 11 - English or page 12 - Spanish.) | ||
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| ( 2) | Obtain a Certificate of Insurance and an endorsement naming PTA as Additional Insured on the policy. The vendor/concessionaire/service provider must also sign the Hold Harmless Agreement (page 9). The Hold Harmless Agreement part (b) spells out the insurance requirements for the vendor/concessionaire/service provider. Please refer to PTA insurance web site for a list of vendors/concessionaires/service providers who have Evidence of Insurance on file with California State PTA. | ||
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| ( 3) | Call the California State PTA Broker with details of the event at (800) 733-3036. | ||
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| ( 4) | If a unit, council or district PTA chooses to sponsor allowable activities or events that the insurance company has excluded, the unit, council or district PTA must purchase the necessary additional participant liability insurance for that activity, and the entire organization (the California State PTA, its units, councils and districts) must be named as Additional Insured. Please contact the California State PTA Broker, Armstrong/Robitaille Insurance Services, for requirements for additional insurance. The California State PTA Broker understands the necessity of protecting the entire organization and will make sure that such additional coverage will match the existing PTA liability insurance and that the California State PTA will be protected. | ||
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| ( 5) | The only exception for which additional insurance need not be purchased is a Jog- or Walk-A-Thon. Parents and teachers may participate but must sign a Participant’s Waiver (page 13 - English or page 14 - Spanish). The Parent’s Approval and Student Waiver (page 11 - English or 12 - Spanish) needs to be signed by a parent or guardian when children are involved. General public is not allowed to participate. Keep in mind that the PTA does not have accident coverage for Jog- or Walk-A-Thon events. | ||
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| ( 6) | The only babysitting that is allowed is at PTA meetings where parents are continually on campus AND the following conditions are met: the babysitters do not change diapers, there are at least two unrelated adults (18 years or older) in attendance at all times, and coffee or other hot fluids are kept outside of the babysitting room or area. If over 11 children in attendance one additional person, who may be under 18, is recommended to be onsite. Refer to the California State PTA “PTA-Provided Babysitting Services” in the Finance section of the California State PTA Toolkit. If you provide Child Care instead of babysitting, refer to Item (4). | ||
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| ( 7) | The California Education Code 38134 precludes a school district from requiring that a PTA sign a “Hold Harmless Agreement” when using school premises. If the school district requires the PTA to sign a Hold Harmless Agreement for use of school premises the PTA should call the California State PTA Broker and use the enclosed “Facilities Use Permit Addendum” (page 10). | ||
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| ( 8) | Certified lifeguard required for all swim events. | ||
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| ( 9) | Refer to the California State PTA “Operation of Bingo Games for Charitable Purposes” in the Finance section of the California State PTA Toolkit. | ||
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| (10) | Please consult local government for ordinances. | ||
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| (11) | Adequate supervision must be provided. Reflected vests and rubber gloves must be used. Clean-up must not be done on freeways. | ||
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| (12) | See “Programs – Graduation or Prom Night” in the Programs section of the California State PTA Toolkit. | ||
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| (13) | If you are required to sign a contract by the vendor/concessionaire/service provider you must FAX a copy of the contract to the California State PTA Insurance Broker prior to signing; FAX number (818) 662-7197. | ||
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| (14) | If you sponsor a helmet fair do not accept payments for the helmets; instead have the payments for purchases be made directly to the vendor. | ||
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| (15) | For purchase of playground equipment make a gift of the money to the school to purchase and install the equipment. |
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| (16) | The California State PTA does not have excess coverage over bus company insurance. It is recommended you gift the money to the school and allow the school to arrange and pay for the bus. |
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| (17) | Parking Lots are NOT covered by our liability insurance. If you wish to operate a parking lot where fees are charged you need to arrange special insurance. Please contact the California State PTA Broker, Armstrong/Robitaille Insurance Services, for requirements for additional coverage. |
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| (18) | Children are exposed to dangerous E. coli bacteria at petting zoos. Children, after touching animals, may put their hands to their mouths. It is recommended that you use an antibacterial hand gel or have the child wash their hands immediately. |
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| (19) | See the red pages for enrichment classes that are not allowed. Enrichment teachers are required to have their own insurance. Contact the PTA Broker, Armstrong/Robitaille Insurance Services if the teacher does not have their own insurance. It is a requirement of the PTA insurance that two unrelated adults be in the enrichment classes at all times. | ||
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| (20) | When you purchase a defibrillator it is important that you gift it to the school and not be responsible for the operation or training of the defibrillator. | ||
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| (21) | Information on how to conduct a legal raffle can be obtained by going to the California Attorney General’s web site. (See www.ag.ca.gov Section 320.5 Gambling Charitable Raffles.) | ||
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| (22) | A dunk tank is permissible at your PTA event IF the school provides a letter addressed to your PTA unit stating school is responsible and PTA will be held harmless for any injuries resulting from the dunk tank. | ||
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