Insurance

Here’s a guide for FMCBC Insurance count:

Everyone who is a member of your club/organization must be included in the member count for the club’s insurance coverage. This means clubs that offer “Family”, Couples”, or “Honourary” memberships will have a higher member count for insurance than for FMCBC Membership purposes.

• For Family and Couples memberships, each person included in the membership category must be included in the member count for the club/organization’s insurance coverage.
• Minors (under age 19) who are members of your club should be included in your club’s/organization’s insurance count.
• Members who belong to more than one FMCBC member club that obtains their insurance through the FMCBC are only required to pay their FMCBC insurance fee once annually via their home or primary club.
• For Associate members, since the Associate member belongs to more than one FMCBC member club that obtains insurance from FMCBC, only the member’s primary or home club must include the individual in their club’s insurance count.
• For Honourary members, clubs must include Honorary members in their member count for club insurance coverage, even if the Honorary member does not pay club fees.
• Mentor organizations should include their members as of March 15, plus the number (or best estimate) of mentor program participants (mentors and mentees). If your organization has more than one mentor program intake, new participants (mentors and mentees) from any additional intakes will be included in the October/November invoice, based on the participant count as of September 15^th.

For additional support calculating individual members, view this chart.

Whether your event is a fundraiser, or related to trails/crags/site clean-ups, public awareness events or serve some other objective, it is important you consider the following questions about your proposed event:

This information about the proposed event should be submitted to the FMCBC. We will then inform the insurance underwriters to ensure they are aware of the event and to determine if the additional exposure of such events will be acknowledged as part of the FMCBC insurance coverage. If the additional exposure is not accepted or if there will be an additional cost to extend coverage to the proposed event, the additional insurance cost may be payable by the host club/organization. Any such additional costs will be confirmed before they incurred or passed on to the host club/organization.

No alcohol can be served or consumed at the proposed event. The FMCBC insurance policy does NOT provide alcohol related liability coverage.

If third parties, such as ACMG guides, will be part of the event, the club/organization will be required to obtain a Certificate of Insurance from the third party, showing the FMCBC and club/organization as additional insured.

The FMCBC will seek clarification about whether club meetings or social gatherings at members’ homes are covered under the FMCBC insurance. As factors such as the frequency, purpose and nature of club meetings and social gatherings at members’ homes may affect the underwriters’ acceptance of the risk, the annual renewal form includes questions about the use of members’ homes for club authorized activities. The information will be provided to FMCBC’s insurance broker to determine whether such activities will be covered and if there are any restrictions or limitations, if coverage is provided.

The current FMCBC insurance does NOT include alcohol related liability coverage and no alcohol can be served or consumed at or during activities or events sanctioned or authorized by your club/organization.

Waivers are an essential component to a club’s “risk management”. Insurance companies require signed waivers because they reduce the number of claims and the likelihood of successful lawsuits. Using waivers can lower insurance premiums for the clubs and FMCBC.

In BC, properly signed waivers have been upheld by BC courts and serve as the first line of defense against lawsuits. They are therefore a powerful legal document that can bar a participant from suing for damages if they are injured, even if the injury is caused by the negligence of the club, its directors, or volunteers. They protect club directors, officers, volunteers, trip organizers and trip participants, not just the club and FMCBC.

Yes, minors (under age 19) are covered under the insurance, whether they participate in club sanctioned/approved activities as a member or minor. If the minor is a member, the minor should be included in the club’s/organization’s insurance count.

We understand that we ask clubs to provide a lot of detail during the renewal process, and we want to reassure you that these questions are solely intended to help our insurance provider better understand the full scope of activities your club engages in.

The more accurately we can represent our collective activities, the more tailored and comprehensive the group policy can be. Without this level of detail, the coverage risks being too vague, which could lead to gaps in protection or uncertainty in the event of a claim.

The FMCBC is here to support and advocate for your club, not just to collect renewals. Our goal is to ensure your organization is as well-protected as possible under the group insurance program. Your input is essential to making that happen.

Yes. The Commercial General Liability (CGL) and Directors & Officers (D&O) policies have worldwide territory, including the USA, for club-sanctioned activities.

However, members still need their own travel and medical insurance. The FMCBC’s insurance program is for liability only, not medical or trip insurance.

Yes. Coverage is tied to the activity being authorized/sanctioned by the club and to normal risk-management practices (waivers, leader approval, etc.), not to the scheduling platform.

Yes, as long as the activity is club-sanctioned and your usual risk-management practices (waivers, leader approval, etc.) are followed.

Yes.

• CGL responds to third-party bodily injury, personal injury, or property damage arising from allegations of negligence. Legal defence/defence costs would be provided under the CGL. Note: This policy carries a $5,000 deductible, paid by FMCBC).
• If the allegations are management-type (e.g., discrimination, harassment, human-rights tribunal complaints), coverage would respond under D&O. Note: The D&O has a $0 deductible.

Coverage depends on the facts and wording of the claim. Report incidents to your club/FMCBC promptly.

Yes, if the recce is club-sanctioned, it’s covered. Guests must sign the club’s waiver. Members should already have an annual waiver on file.

No. Activities and events that are not club-sanctioned/authorized are not covered by the FMCBC group insurance program.

Some clubs/organizations do have club Meet-up sites with forums that allow for spur-of-the-moment trips to be organized among club members (with allowance for guests, who are required to sign waivers). These trips are club-sanctioned and would be covered. Being authorized/sanctioned/endorsed by the club is essential for coverage.

The FMCBC insurance is not personal third-party liability insurance. For this reason, the FMCBC Insurance is also not available to Individual members of the FMCBC.

Club members are always free to organize their own personal trips with friends and family, some or all of whom may be club members. But if the trip is not sanctioned/authorized by the club/organization, they are personal trips and will not be covered under the FMCBC insurance program.

No. Contractors must carry their own insurance. They should also sign the appropriate waivers with your club.

Yes. The CGL includes Fire Fighting Expense Liability. Please confirm limits in the current policy documents (found in the “Files” folder within the Reps group in Groups.io).

Email the FMCBC here with:

• Full legal name of the additional insured exactly as required (e.g., the municipality, land manager, or venue)
• Mailing address of the additional insured
• Venue/facility name and address (if different)
• Event/activity description & date range (or full policy year when a blanket certificate is acceptable)
• Any wording the certificate must include (from the venue/landholder)

Note: The insurance company issues PDF COIs. If the additional insured asks for “multiple certificates,” they typically mean separate PDFs for different entities or simply multiple copies of the same PDF for their files.

Often yes. If a venue does not require additional insured status, the group/master COI is usually sufficient as evidence of insurance (COI). If in doubt, ask FMCBC and we’ll confirm with the insurer.

COIs must reference an active policy period. For events after May 31 (our policy renewal date), we may need to wait for the new policy to be issued before the insurer can release the COI. We’ll advise on timing and options.

Club reps can access current policy documents (CGL & D&O) in: Groups.io → Reps → Files → Insurance. Always refer to the current year’s folder.

If you’re a Rep and are not part of the Reps group, contact us to request an invitation to join.

No. The program is for non-motorized outdoor recreation. Personal/club vehicles are not covered under the CGL; drivers must rely on their own auto insurance.

For attendance lists, keep and store them with the day’s waivers. For incident reports, retain them indefinitely (or at least as long as your club’s records policy and/or legal counsel advises).

See the Waivers FAQ section for more on this topic.

• Dogs are not covered by FMCBC insurance.
• Any dog-related incident is the responsibility of the dog owner and their homeowner’s
  or tenant’s insurance.
• Dogs are allowed only at the trip organizer’s discretion and must be clearly advertised
  as such in advance.
• Dogs are permitted only where allowed by park, trail, land-use regulations.
• Leash rules must be followed.
• Owners must always keep their dog under effective control.
• Dog owners are responsible for managing risk, ensuring the safety and comfort of all
  participants and their dog and risks to wildlife and the environment.

FMCBC recognizes that some members enjoy bringing dogs on outdoor trips, while others prefer
dog-free activities. This guidance clarifies liability and insurance responsibility and consistent
practices to ensure, respectful and well-managed trips for everyone. For more details, please read the full FMCBC Policy: Dogs on Club Trips. If a member brings a dog on one of your club trips, you may ask them to sign the Dog-Owner Acknowledgement Statement.

Insurance coverage costs $14 per individual in addition to the FMCBC’s membership fee of $8 per membership.

Commercial General Liability insurance policies are designed to provide protection for claims arising out of the insured’s liability for negligent acts and/or omissions causing injury or damage through operations, the ownership of property, and sale or distribution of products as well as professional services. Coverage includes defense costs and claims settlement. A series of exclusions apply for areas either uninsurable (e.g., intentional acts) or insured through other third party liability policies (e.g., auto liability, directors and officers liability).

D&O policies are designed to provide protection for officers and directors (and possibly others, including the organization itself) against liabilities arising out of wrongful acts committed while performing their organizational duties.

The activities/operations that the FMCBC, its member clubs and individual members from those clubs participate in includes, but is not limited to: hiking, backpacking, trail running, climbing, mountaineering, canoeing, kayaking, snowshoeing, backcountry skiing, snowboarding, ski touring, cross country skiing, mountain biking, horseback riding, building and maintaining trails, maintaining and operating backcountry huts, offering instructional programs, publishing guidebooks, and holding club socials and meetings.

Classification of e-bikes and insurance coverage

E-bikes continue to be a topic of discussion among insurers, in part because of lack of clarity in e-bike classifications and lack of regulation. Below is the e-bike classification from FMCBC’s insurance provider:

1. Class 1 e-bike– pedal assist only electric bike which provides assistance while the rider is pedalling. Top speed limited to 20mph/32kmh. No throttle.
2. Class 2 e-bike– electric bike with both pedal assist and throttle and with a motor up to 750 watts. Maximum speed of 20mph/32kmh. Difference between class 1 and 2 e-bikes is that class 2 has a throttle.
3. Class 3 e-bike– pedal assist electric bike which can reach speeds of up to 28mph/45kmh. May be banned from bike paths, trails and roads. 

FMCBC’s insurance policy provides coverage for use of class 1 e-bikes. Coverage for class 2 e-bikes requires pre-approval. For class 2 e-bike coverage, clubs must report how many club trips per year may include class 2 e-bikes and the number of participants per trip using class 2 e-bikes (best estimates are sufficient). 

There is no insurance coverage available for use of class 3 e-bikes, whether through FMCBC’s policy, ICBC or a member’s home/tenant insurance policy.  Since there is no insurance available for class 3 e-bikes, members should be aware that use of class 3 e-bikes may jeopardize personal assets in the event something happens.

Further relevant information about e-bikes:

ICBC provides important information about e-bikes (i.e., what qualifies as “motor-assisted cycles” (MACs) or power-assisted bicycles), their use, safety practices, and rules of the road.

BC Parks and RSTBC each have their own policies about the use of e-bikes.

• BC Parks e-bike policy: While electric bikes are generally welcome in many BC Parks, e-bike usage is regulated. Class 1 e-bikes are allowed where cycling is permitted unless signs indicate otherwise. Class 2 and Class 3 e-bikes are usually allowed where motorized vehicles are permitted, such as roadways and off-road vehicles. However, some parks will have additional e-bike regulations due to specific environmental and cultural concerns. Check the park’s webpage before planning a cycle in a park.
• RSTBC e-bike policy: Classes of e-bikes are permitted or restricted based on considerations of safety, environmental impact, and user experience. All classes of e-bikes are permitted on Established Recreation Trails open to both motorized and non-motorized use. Class 1 e-bikes are permitted on Established Recreation Trails open to non-motorized use unless e-bikes are specifically prohibited. Class 2 and 3 e-bikes are prohibited on Established Recreation Trails that prohibit motorized vehicles. No e-bikes are permitted on Established Recreation Trails that prohibit bicycles unless an Established Recreation Trail is designated as a single-use, e-bike only. Check the permitted uses on an Established Recreation Trail before heading out.

Yes – guests can participate in a few club trips without becoming a member and without paying for membership & insurance in the FMCBC.  Guests are still required to sign a waiver.  The club (and its members, volunteers, and leaders) and the FMCBC are still protected if that guest causes a claim to come against the club for something he/she did.  Guests should be encouraged to purchase a full membership after 3 trips.

Yes – but clubs should check with the FMCBC if they are bringing on a large number of volunteers for a specific event or activity as it might require additional coverage. The club (and its members, volunteers, and leaders) and the FMCBC are protected if a volunteer or trip leader causes a claim to come against the club for something he/she did.

Yes – it does not matter when someone joins your club. Our policy will extend coverage to them.

This Certificate of Insurance (also referred to as Evidence of Insurance) lists all clubs participating in the FMCBC’s insurance program this year and is proof of your club’s coverage.

If your club requires a certificate of insurance naming an additional insured (for example, you are renting space for a meeting or event), please email our Communications Manager at (admin.manager@mountainclubs.org) to request that certificate. You will need to provide details such as the name and address of the facility/organization/company requiring the certificate, and the event date.

Please do not reach out directly to the insurance company, because as liaisons to your insurance experience we need to document all processes.

Waivers are an essential component to a club’s “risk management”. Insurance companies require signed waivers because they reduce the number of claims and the likelihood of successful lawsuits. Using waivers can lower insurance premiums for the clubs and FMCBC.

In BC, properly signed waivers have been upheld by BC courts and serve as the first line of defense against lawsuits. They are therefore a powerful legal document that can bar a participant from suing for damages if they are injured, even if the injury is caused by the negligence of the club, its directors, or volunteers. They protect club directors, officers, volunteers, trip organizers and trip participants, not just the club and FMCBC.

Keep signed waivers at least 7 years.

• For minors, keep the waiver for 7 years after the person reaches the age of majority.
• Digital storage is fine as long as the files are readable, secure, backed up, and retrievable on request.

No. Keep attendance lists for every club-sanctioned activity, even when no incident is reported. Best practice is to date the list and store it together with the relevant waivers for that specific trip/event so everything is easy to find later.

For attendance lists, keep and store them with the day’s waivers. For incident reports, retain them indefinitely (or at least as long as your club’s records policy and/or legal counsel advises).

See the Waivers FAQ section for more on this topic.

Clubs should choose the waiver that covers all the activities in which their club participates, but not one that covers activities their club does not do. The waivers can be downloaded, printed, and used as is, or clubs can request to have their name included at the top. Email your request to us directly and we should have it back to you within a few days.

New! The FMCBC now offers e-Waivers for each of the printable waivers. Get your club members to complete the form digitally.

View all waivers here.

All club members and trip participants need to sign a waiver to help protect the FMCBC, its member clubs, their club members and all FMCBC and club volunteers, leaders and instructors. Note: Minors cannot legally sign waivers. Please see the following section for more details on how to handle participants under the age of 19.

Minors (under the age of 19) cannot legally sign a waiver and their parent/guardian cannot sign on their behalf to waive any claims they may have or may have in the future against the FMCBC, its member clubs, their club members and FMCBC and club volunteers, leaders and instructors. In this case, the waiver offers no protection and your club or organization will be relying on the FMCBC’s insurance policy against a claim from a minor.

The minor and his/her parent/guardian should instead sign the Acknowledgement of Risk (AR) form, which based on similar forms, the FMCBC’s Universal Waiver and the precedent set in the Wong v. Lok’s Martial Arts Centre court case. An AR form is not a binding contract or release of liability, but it does show the courts that the parent/guardian and the minor were aware of the risks inherent in the activity in which the minor was participating. The AR form also gives the club/trip leader permission to provide first aid and emergency evacuation for the minor if required.

Clubs need to make it clear to their trip leaders that neither a waiver nor an AR form will protect them in the case of a lawsuit from a minor. Both a waiver and AR form are ways to minimize the risk, but the risk cannot be eliminated. Therefore, trip leaders should be made aware if a minor has signed up to participate in their trip, and the trip leader should have the right to refuse allowing a minor to participate if he/she feels that there is too much risk involved.

The AR form should be signed on paper only and no online signing option should be made available by your club. This may change in the future, but for now the reason for this is because the AR form could be confused with a waiver, which could accidentally result in an adult participant signing the non-binding AR form by mistake. Your club needs to make absolute sure that the AR form is only used for minors.

The FMCBC’s policy for university/college clubs is for their student members who are under 19 to sign the Universal Waiver and not the Acknowledgement of Risk form. The reasons for this are:

• It can be difficult for a university student to obtain a signature from his/her parent/guardian because the student has moved away from his/her hometown to attend university.
• By only using a waiver, it ensures that no adult participant signs a non-binding AR by mistake.
• It is better to have a signed waiver than no signed form, but in reality neither are going to protect the club or the trip leader in the case of a lawsuit from a minor.

The FMCBC’s Universal Waivers can be signed annually or on a trip-by-trip basis. Technically, there is no expiry on the waiver, but we recommend having members sign it annually when they renew their membership. Signing annually ensures that all current members have a signed waiver on file with the club, shows that a club has good risk management processes in place, and reminds the member that he/she has waived their right to make a claim against the FMCBC and member club.

A copy of the waiver should be posted on your website for members and guests to review before participating in a trip. It is not advisable to surprise trip participants with a waiver they have never seen at the trailhead and which they are required to sign if they want to participate. This situation would reduce the strength of the waiver in court. Please review our best practices below for more information on how to use the Universal Waiver and Acknowledgement of Risk forms.

These best practices may seem onerous, but we have spent considerable time researching and discussing each point with our lawyer and insurance broker in order to come up with best practices that improve the enforceability of online waivers in court.

Please note: We are in the process of updating the e-waivers & best practices according to new legal advice. We will let all clubs know as soon as we have updates to share.

1. The online waiver document needs to include the exact wording from the FMCBC’s Universal Waiver with similar colour highlighting and bold text formatting.
2. The online system needs to present the waiver clearly and unambiguously as a stand-alone document that is not incorporated into the membership application form, sign-up form or any other forms.
3. Member/guest information needs to be collected and should include family name, given name, date of birth, and current email address.
4. ‘Agree’ checkboxes need to be included for each waiver statement.
5. A text string method of signing (typing of full name) needs to be used – a checkbox is not a sufficient means of signing.
6. Submission of the waiver must be restricted until each checkbox is agreed to and the document is signed.
7. A signing confirmation email needs to be sent to the signing party’s email inbox and a reply must be received to confirm the waiver signing action. An email address must be unique to the applicant and not shared by other applicants.
8. A process for securely storing, retrieving, and backing up the digital data needs to be in place.

Storage of Online Waiver Data

The following points need to be considered when designing a system for storage of online waiver data:

1. Data needs to be easily and reliably retrieved.
2. Data needs to include personal information: full name, date of birth, phone number, email address.
3. Data needs to include timestamps and meta-data.
4. Data needs to be securely stored and the owner of the data needs to have a method of proving that the data cannot be tampered with or altered.
5. A reliable off-site system for backing up the data needs to be in place.
6. As online systems are continually changing, a description of the user process must be stored with each version of the online waiver signing process.
7. Ideally, signed waivers should be stored indefinitely, even if stored electronically, because “historical” waivers demonstrate the person’s familiarity with waivers.

Additional Points to Consider When Using an Online Waiver System

1. Guests: A process needs to be in place for guests to view and sign the waiver in advance of participating on a trip. If no online process is in place for guests, then paper waivers should be used.
2. Family/Couple Memberships: Clubs who have couple or family membership categories will need to have an online waiver system in place which requires each adult member of the family or couple to sign the waiver before the membership application/renewal can be completed.
3. Minors: Unless the process for an online version of the FMCBC’s Acknowledgement of Risk (AR) form for minors is approved by the FMCBC, the AR form needs to be signed on paper because it requires three signatures (minor and his/her parent/guardian, and a witness).
4. Technical Skills and Support: To ensure that a club is storing the appropriate data, which will be their first line of defense from a claim, it is recommended that the club seeks an individual with programming experience to develop their online waiver system. The FMCBC has developed an optional system for clubs who would like to have an online waiver system in place, but do not want to develop one on their own or do not have the technical skills within their club to develop one on their own.

Visuals

• The waivers are meant to be printed or displayed online in colour so that the highly visible yellow areas draw the reader’s attention.
• The waivers fit 8 ½ x 11 letter-sizedpaper.
• Waivers should be printed double-sided to minimize the two pages becoming separated.
• When printing double-sided, heavier weight paper should be used so that the colour does not bleed through the page.

Signatures

Three signatures are required for each waiver:

Member/participant signs in two places:

• Top of first page to acknowledge that he/she has given up the right to sue or claim compensation
• Bottom of second page to confirm he/she has read and understands the waiver and has waived his/her rights

Witness signature (only for paper waivers)

• The witness needs to be an individual over the age of majority
• The witness can be next-of-kin
• The witness needs to watch the participant sign the waiver and immediately follow with his/her own signature.
• The witness should request a piece of ID (such as a driver’s licence) from the individual signing the waiver, in order to confirm the participant’s identity.
• A waiver should not be witnessed if the member/participant is intoxicated when signing the waiver.

Additional Points to Consider When Using Paper Waivers

• Ensure that the member/participant was given ample opportunity to read the waiver. By having them sign the waiver, they confirm they have read and understood it.
• Post the waiver prominently on the club website. This gives members/participants ample time to read and become familiar with the waiver.
• Don’t wait until you reach the trailhead to sign waivers. The waiver should be signed when opting out of the trip is still an option
• Don’t trivialize the waiver or downplay its legal effect (ie “Don’t worry, nothing will happen!”). It’s an important legal document that can protect your club, your volunteers and your leaders in the event of a lawsuit.
• Explain to your trip leaders the importance of the waiver and that its purpose is to protect them and the club.
• The waiver should be a separate, standalone document. It should not be combined with other documents (i.e., trip sign in list, membership registration form, health form, etc).
• The waiver should not be interpreted or explained. It is self-explanatory.
• Members/trip participants must not cross out or delete areas of the waiver. If they do, or if they refuse to sign the waiver altogether, they should not be allowed to go on the trip.

Storage of Waivers

• Ideally, signed waivers should be stored indefinitely, even if stored electronically, because “historical” waivers demonstrate the person’s familiarity with waivers.

• The AR form should be signed on paper only and no online signing option should be made available. This may change in the future, but for now the reason for this is because the AR form could be confused with a waiver, which could accidentally result in an adult participant signing the non-binding AR form by mistake.
• Clubs need to ensure that the AR form is only used for minors.
• AR forms should be printed in full colour on heavier stock paper (so the colour does not bleed).

For attendance lists, keep and store them with the day’s waivers. For incident reports, retain them indefinitely (or at least as long as your club’s records policy and/or legal counsel advises).

See the Waivers FAQ section for more on this topic.

Generally, any incidents that involve serious injury (i.e., require a doctor or hospital visit), a head injury, potential head injury or concussion, ambulatory loss (i.e., injured party unable to walk away from scene), an altercation or adversarial comments (i.e., “call your lawyer”, “call your insurer”, “better have a good insurance policy”) should be reported.

When an incident occurs that meets the criteria, the incident should be reported promptly to the FMCBC by email to insuranceriskmanagement@fmcbc.groups.io. As the FMCBC’s first point of contact after an incident, the Insurance Risk Management team will liase with our insurance provider. This allows FMCBC’s insurance provider to monitor potential injuries, losses or incidents and take appropriate risk management measures.

The club should complete and promptly submit the Incident Reporting Form to: insuranceriskmanagement@fmcbc.groups.io. The club may be asked follow-up questions, including whether the incident took place during a club-sanctioned trip, and may be asked to provide a copy of the signed waiver.

To make the incident reporting process go as smoothly as possible, clubs should document and keep a record of all their trips and have a well-organized system for storing waivers so the club can produce them when required.

Questions about the Incident Reporting Form or information to be collected should be directed to: insuranceriskmanagement@fmcbc.groups.io.