Modeling waivers on those used by other shelters is a great start, but any waiver really ought to be reviewed by a lawyer in the state where the shelter operates. The waiver posted above would likely not work in at least one state that I'm familiar with -- the worry is that it could potentially be deemed void if someone sued in a state that is restrictive about pre-injury waivers. Waivers are legal documents, and shelters can almost certainly find a local lawyer who will volunteer a little bit of time to help.
It's become common for commercial general liability insurance (CGL) to exclude volunteers. When we used to do a lot of events with volunteers, I kept a separate volunteer policy, purchased through a local agent who sold business insurance -- my fear was adoption events and pet expo fairs, as things go sideways at those things for a lot of orgs. The volunteer policy was actually cheap compared to the CGL as it was only for medical expenses. The idea was that if they were injured, it could cover their medical bills immediately -- i.e., drive them to urgent care and get stitches. We never needed it, and I've stopped doing those events, as too much "crazy" happens at them.
We have never had any claims against us. But I know of several rescues that have been threatened with lawsuits and had to settle for significant amounts over incidents that happened at adoption events (not with volunteers, but with members of the general public claiming to have been injured by a dog).
Original Message:
Sent: 02-04-2025 12:55 PM
From: Anita Parisot
Subject: Who pays and how if a volunteer is injured while volunteering?
We have all our Volunteers sign a Relase of Liabilty form. A copy is below.
Release of Liability
This agreement stipulates conditions under which persons may volunteer for work at Companions Animal Center (hereinafter CAC).
I, ________________________________________________hereby acknowledge that I have voluntarily requested to participate in Volunteer activities, including, but not limited to work at CAC and assist at special events. I recognize that handling animals while performing services for CAC, there exists certain inherent risks involved when working with or around animals and risk of injury, including, but not limited to, personal physical harm, injury, illness, or disease caused by animals. On behalf of myself, my heirs, assignees, guardians, and personal and legal representatives and executors, I hereby release, discharge,; indemnify and hold harmless Companions Animal Center, its officers, managers, employees, and contractors for any and all claims, demands, losses, costs, liabilities, settlement agreement, damages, expenses connected with, or arising from, my volunteer service and participation in volunteer activities to CAC, or my Volunteer Agreement whether caused directly or indirectly by any negligence (active or passive), or other acts or defective conditions attributable the CAC, its officers, managers, or employees. I understand this release does not waive any rights that I may have against any person or entity for claims whether civil or criminal in nature, which are unrelated to the volunteer duties at CAC.
I AM AWARE THAT THIS ACTIVITY MAY BE HAZARDOUS AND I AM VOLUNTARILY PARTICIPATING IN THIS ACTIVITY WITH THE KNOWLEDGE OF THE DANGER INVOLVED, AND I HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF PHYSICAL INJURY FROM SAID ACTIVITY.
_________Volunteer Initials
I understand that CAC is a non-profit and charitable organization, and will not be paying compensation of any kind to volunteers. I further understand that my participation as a volunteer, in and of itself, does not render me an employee, independent contractor, or agent of CAC.
As a lawful consideration for being permitted by CAC to participate in the activities on a volunteer basis, I agree that I; my heirs, distributees, guardians, legal representative, and assignees will not make a claim.
I hereby represent that I have read this entire agreement completely and fully understand it to be a release of all claims, known and unknown; present or future, that I have, or may have, against the parties released, arising out of the matters described. I execute this agreement of my own free will and volition, and without reliance on any representation of any kind or character not expressly set forth.
Signature:_________________________________________________
Print Name:________________________________________________
Date:_______________________
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Anita Parisot
Volunteer and Event Coordinator
Companions Animal Center
ID
Original Message:
Sent: 02-03-2025 02:54 PM
From: Teri Casem
Subject: Who pays and how if a volunteer is injured while volunteering?
We are a true no-kill shelter in Illinois. We do a lot of training of volunteers, and restrict who can handle certain dogs and cats in our facility. My question is, Insurance is costing us a fortune, and its restricting everything. Plus, there is the very real concern that any insurance company can stop offering a policy at any time.
If a volunteer is injured either working with an animal or just serving as a volunteer in any capacity, do you carry insurance to cover it? Or does the volunteer agree to use their own health insurance to cover care, if needed? Workers Comp used to cover it here, but no longer.
Do they need to sign a waiver saying if they are injured, they must use their own insurance and it will not be covered by the shelter?
Or, third option, do you have a budget line item or fund for medical and just hope you never need to use it?
Have you faced a medical issue with a large bill and how did you solve it to stay in good graces, but protect your bottom line?
Thank you!
#PeopleManagement(includingVolunteerIntegration)
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Teri Casem
Save-A-Pet, Inc.
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