Richard Mason is considering throwing in his swimming towel after the City updated its policy regarding liability waiver forms for visitors to the Cariboo Memorial Complex.
Mason is a regular swimmer who has bought three-month passes to the facility for the last three years. He discovered the change when he was renewing his membership and was asked to sign the waiver; he refused and was told that he would not be allowed to swim at the facility.
“Why should we,” he asked. “Why should we waive our right to sue? That’s what they are asking us to do.”
The waiver form specifies that signees waive “certain legal rights.”
The document also indicates the City of Williams Lake, employees and volunteers will not be responsible or subject to a claim as a result of an individual’s injury or death due to participation in activities, “due to any cause whatsoever.”
The waiver applies to all programs and services run by the City at the complex. The change, said Geoff Paynton, director of community services, reflects a recommendation made by the City’s insurer.
Previously, the City required waivers for all registered programs; swimming lessons and fitness passes were exempt.
“We’ve had waivers in the complex for 10 years or more but only for certain programs. Now we’ve just gone universal,” he said. “Times change. People get more and more worried about litigation.”
Paynton said waivers are “pretty standard” throughout the industry and confirmed that by signing it visitors assume all the risk of participating in complex activities; he noted, however, waivers can still be challenged in court.
The waivers have generated some complaints.
“Absolutely it’s a change and no one likes to sign waivers but they are a reality these days for pretty much anything you do that has some risk inherent in it. … We’re not going to escape that because we are a municipality,” he said.
A waiver form is required when individuals purchase a daily, 10 drop-in or monthly passes.
