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Association Canadienne de Vol Libre
 
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Taking minors for tandems

 
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Mark Dowsett
HPAC/ACVL Member
Joined: 10 Dec 2014
Posts: 8
PostPosted: Sun Dec 21, 2014 10:47 am    Post subject: Taking minors for tandems Reply with quote

One thing not covered in this doc that I hear is coming our way is disallowing us to take minors for tandems.

We are on the fence about taking them now as we do realize there is no waiver that can truly protect us from an accident with a minor as even parents can't legally waive the rights of a minor with a waiver....but once again, is HPAC disallowing us to take them?

Is it true the USHPA has disallowed minors to go tandem (or learn solo) in the States? What a shame this would be.

And when I think of any other activity that requires a waiver, for instance going to any ski resort, parents sign those waivers for their kids all the time....why can't they sign ours the same...? After all, as statistics show, we know the chances of injury with most other activities is far greater than ours.
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Scott Watwood
HPAC/ACVL Member
Joined: 15 Dec 2014
Posts: 8
PostPosted: Sun Dec 21, 2014 03:40 pm    Post subject: Reply with quote

On the note of ski hill waivers.....I'm not sure that purchasing a single day ticket has a requirement to sign anything. The waiver is on the back of their ticket and is assumed to be accepted by simply purchasing and/or being in possesion of the ticket.

How is it that the ski hills can feel 'protected' in this case if a child gets hurt? Is this something the HPAC lawyers need to research?

Scott
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Mark Dowsett
HPAC/ACVL Member
Joined: 10 Dec 2014
Posts: 8
PostPosted: Tue Dec 23, 2014 12:17 pm    Post subject: Reply with quote

I do agree....most places (outdoor bike parks) just have disclaimers posted....no need to sign anything for these minors...
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Martina Lang
HPAC/ACVL Member
Joined: 10 Dec 2014
Posts: 2
PostPosted: Sun Jan 04, 2015 09:00 pm    Post subject: Reply with quote

When I went to a lawyer to get my personal waiver made, their recommendation was that I never take anyone under 18 because a parent can't sign for them. It's a personal call for sure, maybe that's where the "video waiver" would come in handy - discussing the tandem with child & parent and having them both sign/agree that they want to fly?
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Margit Nance
HPAC/ACVL Member
Joined: 10 Dec 2014
Posts: 26
PostPosted: Fri Jan 09, 2015 05:30 pm    Post subject: Minors and Waivers Reply with quote

I have checked again with our insurer who provided the following answer:
The insurer considers the activity of hang gliding or paragliding as of a higher magnitude of risk than other activities and thus requires a more detailed and comprehensive waiver.The insurer has also confirmed that they will most likely not cover third-party liability involving an under-age student or student/passenger.

Margit
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Jacques Blanchet
HPAC/ACVL Member
Joined: 10 Dec 2014
Posts: 4
PostPosted: Wed Jan 14, 2015 10:01 pm    Post subject: Reply with quote

in reference from Canadian Air Régulation, the minimum age is 14 for a PPG student pilot and 16 for a certified pilot. same minimum for a private pilot.
At our senior meeting we decided to not fix minimum age for pg or hg tandem activities but if the insurer said something different we have te review this ,, what is an under age ?
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Margit Nance
HPAC/ACVL Member
Joined: 10 Dec 2014
Posts: 26
PostPosted: Thu Jan 15, 2015 01:42 pm    Post subject: From Mark Kowalsky Reply with quote

From Mark Kowalsky:

You have asked for an explanation for why the insurer would refuse to provide coverage for tandem pilots giving instruction to minors.

The stance taken by the insurer is based on the law, which in a nutshell is "You cannot sign an enforceable contract with a minor unless it is for the necessities of life". Hang Gliding (my personal views notwithstanding) is not considered by the law to be a necessity of life. A parent cannot sign a contract on behalf of a minor that is not for the necessities of life. Therefore, a tandem pilot cannot rely on a waiver (a type of contract) signed by or on behalf of a minor that would limit liability for negligence.

The insurer relies on the waivers that are signed in order to be covered by insurance provided to pilots through HPAC. Unenforceable waiver = no insurance.

You have no insurance coverage, and you have no defense based on a signed waiver by or on behalf of a minor.

Sincerely
Mark Kowalsky
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