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Fitness Clubs

Introduction
Elliott Special Risks LP is Canada's leading independent insurance market for fitness clubs. We can provide cover for:
  • Aerobics and pilates clubs


  • Climbing walls, indoor and outdoor


  • Gyms and fitness clubs


  • Martial arts and self-defence clubs


  • Racquet, squash and tennis clubs


  • Spas


  • Yoga studios
Our cover is suitable for commercial facilities, non-profit organisations and member-owned clubs.

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Standard Coverage Features
Our program features broad commercial general liability (CGL) cover at competitive prices. Cover includes liability for participant and spectator injury as well as server liquor liability and incidental malpractice.

We can also provide property and crime covers — all at competitive terms. Standard CGL cover includes:

  • Occurrence form


  • Premises, operations, product liability and acts of independent sub-contractors


  • Bodily injury, including cover for injury to participants and spectators


  • Personal injury, including false arrest, invasion of privacy, wrongful imprisonment, libel, slander and discrimination (except where prohibited by law)


  • Includes competitions and other club events


  • Liquor liability is also available, either for catered banquets or for clubs with a licensed bar


  • Cover for tanning machines also available (claims-made form applies)


  • Defense expenses in addition to policy limit


  • Broad-form property damage including loss of use


  • No errors and omissions (E&O) exclusion in most cases


  • Environmental exclusion — hostile fire form


  • Cover for intentional injury in defence of property persons


  • Non-owned automobile cover


  • Incidental malpractice cover for liability arising from emergency first aid treatment


  • Contingent employers liability


  • Tenants legal liability — named perils or all risks cover available


  • Employee benefit liability cover


  • Blanket contractual liability cover


  • Your directors, officers and employees included as Insureds


  • For non-profit organisations, elected officers, referees, coaches and other volunteers also insured


  • Cover for contract or independent instructors and personal trainers also available


  • non-owned watercraft up to eight metres in length


  • Automatic 30 day cover for newly acquired companies


  • Attached machinery cover on automobiles


  • Cross liability & severability of interests


  • Misinterpretation of Date Exclusion

Additional Covers
  • Capacity up to $25 million for most risks


  • Our program is designed for Canadian risks only. Cover for incidental operations, for example, participation in out-of-country tournaments, or the sale of products and services outside Canada also available on request


  • Advertising liability cover


  • Directors and officers liability cover


  • Environmental cover for sudden events on a 120 hour form (IBC2313) Our program may also include broad property and crime covers for a wide range of risks, including seasonal, frame and unprotected club premises

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Other Related Subjects
New Hazards For Sport, Health and Fitness Clubs
Sport, leisure and recreation accidents cause many of the most serious injuries to young Canadians, with tragic consequences for the victims and their families.

Contemporary case law is shifting the risk of compensation for such injuries away from the victim. This shift increases the financial risk of others involved in sport whether amateur, professional or commercial.

The main legal defence in sport injury cases is the rule of implied assumption of risk. Usually, sport participants are presumed to accept the risk of injury associated with their sport. But in several landmark cases, the courts have failed to enforce this defence in actions against national and provincial associations, local leagues, coaches, referees, arena operators, and even opposing players.

We are alarmed by the escalating damages awarded here in Canada for sport injury cases, especially awards for serious injuries, which have reached staggering proportions.

The threat of under-insured litigation can cause havoc with your client's financial stability. Their ability to borrow, build and attract members or customers can be compromised. It may become much more difficult to attract and retain top quality directors, executives and coaching staff.

The uncertainty of injury litigation may be especially difficult for non-profit organisations, who, unlike businesses, cannot "earn" their way out of the cost of litigation.

Because the damages at stake are so high, it is vital that suitable CGL insurance is available to defend everyone who may be named in a suit. Fortunately, the commercial property and casualty insurance market is highly competitive so it is possible to deliver broad cover and competitive terms.

Not all CGL policies are alike, so cover should be purchased with great care. Insurance for sport, leisure and recreation risks should:

Provide sufficient limits. $1 million is no longer sufficient. $5 million or $10 million is better, more if affordable Cover participant injury. The insurer may recommend or require securing a suitable liability waiver agreement with each player (or their parents, in the case of young players) Cover spectator injury Provide cover for all officials and volunteers. The standard CGL is designed for corporations and does not name such officials and volunteers unless specifically endorsed therein. The policy may also name players whilst engaging in competition in addition to officials and volunteers. The cost to include such players may increase the cost of cover significantly. A cross liability provision is also necessary to provide cover for participant-to-participant injuries Include incidental malpractice cover for liability arising from emergency medical aid Cover all activities of the organisers including out-of-season activities and fund raisers, social events such as end-of-season banquet, with no restriction for liquor liability For single event cover such as a hockey tournament, the policy period should be long enough to include all pre- and post-tournament activities Cover activities such as competitions and tournaments away from the normal locations, including Cover tenants legal liability for damage to rented premises Provide directors & officers liability (D&O) insurance for non-bodily injury and property damage risks. In addition to liability insurance, consider obtaining cover for employee dishonesty risks with sufficient limits to recognize severity.

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Contact Us
For more information on this program, including new inquiries, renewal and changes to in force business please contact:

  •  Terry Parker in our Toronto office tparker@elliottsr.com
  •  Richard Champagne in our Montreal office rchampagne@elliottsr.com
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    For certificates of insurance, please contact:
     
  •  Terry Parker in our Toronto office
  •  Richard Champagne in our Montreal office
  •  
    Our program is available through the local insurance broker of your choice. We can recommend a suitable local insurance broker if required.

    The information in this web-site is intended to be general in nature and should not be construed as specific recommendations, nor as a substitute for the advice of a professional insurance broker who is familiar with a clients particular exposures or circumstances.

    The coverage summary should not to be construed as an insurance policy or the interpretation of an insurance policy.

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    Market Security - Fitness Clubs Program
    We are committed to deliver first class insurance security. Our Fitness Club program has been supported by Scottish and York Insurance Company Ltd since 1992.
     
    Carrier Interest
     
    Scottish and York Insurance Company Ltd 100%
    Rated A+/Stable by Standard & Poor's Rating Services.

    A member of the Aviva Canada Group of Companies, one of the leading property and casualty insurance groups in Canada, with annual written premiums of more than $3.0 billion.

    More information on this carrier is available at www.avivacanada.com
     
    Total100%
     
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    To Report A Loss To This Program
    Claims or incidents of any nature should be reported to:


    Aviva Canada Inc.
    1-866-692-8482


    The reporting condition of the policy requires that you report to the Company any incidents that might give rise to a claim, even though no such claim has yet been received.

    Liability claims for this class of business may often follow months or years after the event itself. Failure to report an incident promptly may jeopardise the Insurers investigation and defence of a subsequent legal action. To avoid the risk that individual losses may be denied as a result of late reporting, we would encourage you to report all such incidents promptly.

    Please note if your policy is written on a claims-made form, the policy contains certain restrictions that limit the reporting of losses after the policy has expired.

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    Fitness Clubs

    Introduction
    Coverage Features
    Other Related Topics
    Contact Us
    Market Security
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