Waiver, Passenger and Student Liability Insurance.
Informing the Participant
 

IMPORTANT:
As of 1st April 2006 ALL New & RENEWING Members Must Sign the HGFA Waiver PRIOR to undertaking any HGFA activity in order to be covered by HGFA Insurance. All other waivers previously being used should be discontinued and replaced with the HGFA Waiver.

The HGFA Board (2006) motioned that ALL MEMBERS be required to submit at least one completed and signed waiver to be held on file at the HGFA Offices for the term of their membership. It is a condition of membership that an appropriately completed and signed form be provided to the HGFA.

See example of completed waiver

The RARW (waiver) Form provides compliance with the Trades Practices Act which allow a person to waiver their rights to claim for services or loss incurred while involved with the activities of Hang Gliding, Paragliding or Weightshift Microlighting (activities of the HGFA). It assists in member to member protection and acts to assist confidence in Councils, Landowners, State Forests and National Parks in allowing our activites on and from their lands or land managements. Furthermore and not least, the HGFA insurance entitlement under our memberhsip cover is conditional on this form being provided to the HGFA by every member, new and existing.

New members need to submit a completed and signed HGFA RARW (waiver) Form upon application for membership.

Renewing members If not already provided to the HGFA Office renewing members need to submit  a completed and signed HGFA RARW (waiver) Form upon renewal. Once the waiver form has been received by the HGFA Office it will remain on file with no further requirement to submit the form unless explicitly asked for by the HGFA, usually only if the legal requirements for the waiver alter and a new form is drafted.

See example of completed waiver

Download: The HGFA RARW FORM (Waiver )

Instructions to Instructors or Passenger Endorsed Pilots For Completing the HGFA Waiver Form

Legal Implementation of Waivers

Passenger and Student Liability Insurance
At 31-Mar-2004 the pricing of the HGFA Liability Policy increased to a level that became unaffordable to maintain coverage for Liability to Passengers or Students.  This was based on a Claims history that between 1996 and 2004 saw claims totaling in excess of $4,250,000 or more than $525,000 per year.

The advent of Tort Law Reform has provided Liability Insurers the confidence to again invest their Capital in Sporting Activities.  This is subject to the participant being informed of the perils involved in the activity they are about to undertake.  The participant is then knowingly participating in an activity that may cause them injury, or possibly death, and they accept this risk.  This does not mean the Insurer may not need to make a significant payment (+$50,000) following an accident however, in tandem with a properly formed and delivered  "Release, Assumption of Risk and Warning Form" (RARW), the likelihood of a claim rising to the enormous heights previously attained is not as likely.

The HGFA current insurer, not the same insurer that existed in 2004, has agreed to provide limited coverage for Liability to Passengers and Students to a maximum of $250,000, subject to the Passenger or Student having signed the agreed RARW Form.

If a Passenger or Student has not signed the RARW form, the Passenger or Student Insurance Policy may not respond to a claim following an accident.

The agreed RARW was professionally written for the HGFA and should provide a formidable deterrent or protection.  One also must realise that any Legal Fees to defend a claim is in addition to this limit, not inclusive within it.  The smaller limit may also deter those lawyers seeking high payment for their work towards a claim as the pot at the end of the rainbow is not so attractive.

An important factor to any RARW being effective, is the way in which it is delivered to the person signing it.  The passenger/student should simply be asked to sit and read it before signing.  Do not try and answer any questions about the form but simply confirm that injury can take place.  By saying things like "it's alright, don't worry, it's just an insurance thing, you'll be OK, nothing is going to happen" could negate the effect of the RARW, as it is not in fact the truth, and you may be placing yourself outside the protection of the RARW and Insurance Policy!

The availability of the RARW and limited coverage of $250,000 is very important to the HGFA.  Securing protection for it's Instructors, who are at the core of the future for the HGFA is very important, as is protection to any member just carrying a passenger to experience the wonderful experience of soaring.
 

 Statement provided in cooperation with : Wayne Cottier - OAMPS Aviation
 (The above comments are only a summary and should not be relied upon as advice.  Formal enquiries must be made to the HGFA General Manager or OAMPS Aviation on 02-8838 5760 before making any decisions regarding Insurance based on the above comments)

RARW and Waiver are interchangeable definitions describing the same form – HGFA Release, Assumption of Risk & Warning_v1.pdf