An exclusion to avoid
It is clear that all sports and recreation organizations have liability for incidents that occur during scheduled, sanctioned and supervised activities such as tryouts, practices, and play.
However, some sports organizations that own or are long term lessees of athletic facilities are also legally responsible for injuries that occur on a 24/7 basis for 365 days a year. Ownership triggers the liability for premises owners. Lease agreements with hold harmless and indemnification provisions trigger the liability for long term lessees.
If your sports organization has 24/7 liability as described above, you should avoid the endorsement entitled “Ownership, Maintenance, Management of Athletic Fields or Facilities Exclusion” and any similar exclusion. As an alternative to removing this exclusion, some sports General Liability carriers allow a buy back that is commonly called “24 Hour Premises Liability.”
