Version 1.1 Updated 30th January 2023

Conditions:

004 – Public & Products Liability Section: COACHING AND INSTRUCTION CONDITION

The following applies only to the Public & Products Liability Section.

It is a condition precedent to Our liability that all coaches and instructors engaged by You for the delivery of Your Business activities are suitably qualified in accordance with the relevant recognised awarding body or national governing body for the activity in question.

006 – Public & Products Liability Section: SUBCONTRACTORS

The following applies only to the Public & Products Liability Section.

It is recommended that You ensure that all subcontractors engaged by You shall have in force and effect, Public Liability insurance for third party Personal Injury or Property Damage with an annual minimum limit of Indemnity of £5,000,000 throughout the duration of their contract with You.

You should undertake to obtain and retain documentary evidence of the said insurances prior to the commencement of any contract with You

018 – General Exclusion: TREATMENT EXCLUSION

The following applies to all Sections of the Policy.

This Policy will not Indemnify You in respect of any claim arising out of or in connection with:

1. The provision of any treatment or care by You, or
2. Omission in the provision of any treatment or care by You, or
3. The failure by You to provide any treatment or care to any person.

It is noted that this exclusion shall not apply in respect of Baby Massage activities.

Public & Products Liability Section: LIFEGUARDS CONDITION

The following applies only to the Public & Products Liability Section.

It is a condition precedent to Our liability that a qualified lifeguard or qualified swimming teacher/coach must be in attendance at all times whenever swimming or water based activities are undertaken.

Public & Products Liability Section: FACE PAINTING CONDITION

The following applies only to the Public & Products Liability Section.

It is a condition precedent to Our liability that whenever face painting sessions take place:

1. You shall obtain written consent from a parent or legal guardian before the child is permitted to participate in the activity, and
2. Any products and equipment used must be of a proprietary brand, specially designed for use by and/or on children, and
3. There must be a partition or barrier around the face painting area, or the session must be located in a separate room.

General Condition: MEMBERSHIP CONDITION

The following applies to all Sections of the Policy.

It is a condition precedent to Our liability that the coverage afforded under this Policy shall operate only on the provision that:

• the covered party remains an affiliated member of The Institute of Children’s Activity Providers, and
• the covered party has been approved for membership by The Institute of Children’s Activity Providers and has, within 45 days of policy inception, achieved a membership rating pass mark of at least 50.

All coverage under this Policy in respect of any covered party shall cease immediately in the event that any such covered party is no longer in compliance with the above provisions.

General Condition: RISK MANAGEMENT

The following applies only to the Public & Products Liability Section.

It is a condition precedent to Our liability that You shall:

1. hold valid and recognised professional qualifications, where applicable, for the activities you offer and for which cover is being sought,
2. where applicable, hold specific qualifications or have attended specialist training or have received written or verbal approval from a parent or legal guardian or qualified medical practitioner prior to the provision of any activities to any person with a disability or special medical requirements,
3. have conducted, and maintain written records of, risk assessments for all activities of Your Business, copies of which shall be made available to Underwriters upon request,
4. undertake regular equipment and facility inspections and maintain documented records of such inspections,
5. ensure that any equipment or materials are used and maintained in accordance with the manufacturer’s instructions,
6. maintain a documented accident reporting and recording process,
7. provide all necessary safety equipment to participants,
8. obtain written consent, including a disclaimer of liability, from the participant or parent or legal guardian prior to providing any services to such participant.

General Condition: BABY MASSAGE

The following applies only to the Public & Products Liability Section.

It is a condition precedent to Our liability that whenever You provide baby or infant massage, or instruction of baby or infant massage, You shall:

1. have obtained an appropriate nationally recognised qualification in baby or infant massage,
2. have obtained written consent from the parent or legal guardian prior to engaging in such activities,
3. provide demonstration of techniques only on a doll.