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This will depend on the type and nature of the services or products being considered for contracting. Refer to the Insurance Requirements Guideline Manual in the Risk Services tab in the Best Practices section.

The ASCIP General Liability Memorandum of Coverage (MOC) does have a specific exclusion for trampolines, mini-trampolines and similar rebounding devices in Section V- Exclusions, Part F. While the text does not identify what might be defined as a “similar rebounding device”, ASCIP considers similar rebounding devices as any device or mechanism which allows an individual to bounce, rebound, or oscillate more than once (carnival-type bounce houses, bungee jumping, trampolines, etc.) as an intended consequence, using spring tension, elastic action, inflation, flexation, or other similar means. Therefore, under the ASCIP MOC, the member would not have liability coverage for a bounce house. Carnival type devices that are covered under the MOC include inflatable obstacle courses, velcro walls and inflatable climbing walls. Since it would not be possible to list every activity that might be covered or excluded under the MOC, ASCIP generally recommends that members check with ASCIP prior to proceeding with plans to utilize a specific device or carnival event. See the ASCIP Risk Alert on rebounding devices located in the Risk Services tab in the Risk Alerts & Bulletins section.

The ASCIP General Liability MOC defines a "volunteer" as an individual that renders service to the "Named Covered Party" and its programs without receiving remuneration of any kind and, prior to the service, was approved by the Applicable Governing Board of the "Named Covered Party". The ASCIP General Liability MOC requires that volunteers must be named as “volunteers” by the organization governing board in order for them to be eligible for coverage. A formal Board resolution needs to be executed in order to designate and cover the volunteers. The same conditions exist under ASCIP’s Workers' Compensation MOC. Thereafter, volunteers would receive the applicable coverage while performing assigned duties within course and scope. Additionally, ASCIP generally suggests the following regarding supervision and types of duties assigned to volunteers: Volunteers should only perform duties within the course and scope authorized. This mitigates the liability which may result if the volunteer exceeds the scope of the volunteer job description. Volunteers should be supervised by certificated or management personnel. Volunteers should have limited one-on-one contact with students. Volunteers should work in group settings. Volunteers should not be assigned hazardous activities. Refer to the Risk Control Manual in the Risk Management Best Practices section.

In the event that a member chooses to use volunteer drivers or private vehicles for student transportation, ASCIP recommends the following guidelines in an effort to minimize liability: 1) A Driver Record Check should be performed either through an ASCIP sponsored provider or the California Department of Motor Vehicles (DMV) Driver Record Program. This requires the driver provide the member with authorization to check his or her driving record through the DMV Driver Record Program. 2) The Driver's license must be valid and driving records must meet the member's Driver Policy. A sample Use of Vehicle Request form that can be utilized to obtain the above information is in the Forms & Tools section. 3) Drivers must submit proof of valid insurance to the member. ASCIP recommends using the California Vehicle Code's "statutory limits" as the minimum acceptable limits of liability. 4) Drivers must be at least 21 years old. 5) Volunteer drivers need to be named/acknowledged by members' Board action. Also, volunteers need to complete fingerprinting and a background check as required by the member's volunteer policy. AB 346 (effective 7-1-10) requires that all volunteers who drive or otherwise work with pupils in a pupil activity program are required to obtain either a Department of Justice (DOJ) or Federal Bureau of Investigation (FBI) criminal background check, or an Activity Supervisor Clearance Certificate (ASCC) through the California Commission of Teacher Credentialing (CTC). Please see the ASCIP Risk Alert on ASCC in the Bulletins & Alerts section. 6) A transportation waiver needs to be completed by students prior to each event indicating that transportation will be provided by volunteers. A sample customizable transportation waiver is available in the Forms & Tools section. Refer to the Risk Control Manual in the Risk Management Best Practices section.

Education Code Section 38130, also known as the Civic Center Act (Act), provides the guidance and authority to the governing board of any public school to determine how best to grant the use of school facilities to groups and/or not-for-profit entities for a variety of uses that are not directly related to school activities. The Act allows the governing board leeway to establish criteria for use and provides direction on issues such as the types of organizations for civic center use consideration, applicability of usage fees, and liability. The Act grants the governing boards the authority to establish discretionary fees for the use of its facilities. Any such fees cannot exceed the direct costs associated with the use. The Act also proscribes that schools retain liability for any injuries resulting from it's negligence in the ownership or maintenance of the school grounds being utilized. Any external user group would be responsible for injuries related to its negligence during the use of the school grounds. Each party must bear the cost of insuring and defending its own interests; this would require that all external groups acquire general liability insurance for its facility use. Given the above, ASCIP generally recommends that members require a minimum of $1,000,000 per occurrence for general liability insurance from external groups. A certificate of insurance should be provided evidencing such coverage and the member be named as an Additional Insured by way of an Additional Insured Endorsement. In the event that commercial vehicles will be brought onto or used in an event, ASCIP recommends that automobile liability insurance in the amount of $1,000,000 per occurrence also be required. Refer to the Insurance Requirements Guideline Manual in the Risk Management Best Practices section.

“We Tip” posters, fliers, or other informational items can be obtained by contacting ASCIP’s Risk Control Department. Customization for incident specific losses is available as may be warranted. There are no charges for these services (there is a fee for “We-Tip” metal signage). Our partners at “We Tip” are very responsive to our members needs. On a regular basis ASCIP receives activity reports by type of incident and location. Please contact ASCIP’s Risk Control Team to assist you with details relative to your organization.

ASCIP’s 911 coverage provides for up to $2,500 in costs related to summoning emergency assistance. This coverage is triggered when a member believes it is necessary to summon professional emergency medical assistance in order to safeguard the health of a student or other non-employee. Coverage is limited to the initial medical evaluation and treatment at the site, and/or transportation to a medical facility. There is no aggregate limit on this coverage nor is a deductible taken. Use of this benefit does not impact rates.

Absolutely. Contact ASCIP’s Risk Services for assistance with waivers, recommendations for insurance limits and contract language.