Forum: Race Officers

caution about new SafeSport requirements (USA)

Philip Hubbell
Nationality: United States
Certifications:
  • Club Race Officer
  • Judge In Training
I just tried to switch over to the new SafeSport carrier and found that we are now obligated to indemnify safesport for undefined mis-use.
Each of us needs to understand the difference between release/waiver (good) and indemnify/hold-harmless (bad), and determine whether we want to endanger our nest eggs and heirs. 
The difference, in a nutshell, is that if safesport is judged to be at fault, you nevertheless have to pay their defense and penalty.
Bear in mind that U.S.Sailing forbids hold-harmless agreements in its prescriptions. RRS 81
Created: 21-Apr-10 01:38

Comments

P
Angelo Guarino
Certifications:
  • Regional Judge
  • Fleet Measurer
0
Can you point to the specific language/section that is of concern?
Created: 21-Apr-10 01:39
Charley Rathkopf
Nationality: United States
Certifications:
  • National Race Officer
0
  • Limitation of Liability and Indemnification.  User agrees to indemnify and hold harmless SafeSport and its directors, officers, employees, agents, shareholders, partners, and members against any and all claims resulting from User’s improper or unlawful use of the Training.  USER AGREES THAT SAFESPORT AND ITS PERSONNEL SHALL NOT BE LIABLE TO THE USER FOR ANY CLAIMS, LIABILITIES, OR EXPENSES RELATING TO THIS ENGAGEMENT FOR AN AGGREGATE AMOUNT WHICH IS THE GREATER OF (a) $100; OR (b) THE TOTAL AMOUNT OF FEES PAID BY THE USER TO SAFESPORT PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  IN NO EVENT SHALL SAFESPORT OR ITS PERSONNEL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSS, DAMAGE, OR EXPENSE RELATING TO THIS AGREEMENT, EVEN IF SAFESPORT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.  The provisions of this Section 8 shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise. In circumstances where all or any portion of the provisions of this Section 8 are finally judicially determined to be unavailable, SafeSport’s aggregate liability for any claims, liabilities, or expenses relating to this engagement shall not exceed an amount which is proportional to the relative fault that SafeSport’s conduct bears to all other conduct giving rise to such claims, liabilities, or expenses.

Created: 21-Apr-10 04:52
P
John Culter
Nationality: Canada
Certifications:
  • National Race Officer
1
For the benefit of those among us who are not USA, what's a SafeSport?
Created: 21-Apr-10 05:05
Matt Bounds
Nationality: United States
Certifications:
  • National Judge
  • National Race Officer
0
https://safesport.org/
https://www.ussailing.org/competition/rules-officiating/resources/safesport-race-officals/

SafeSport training is a free online course that provides education on:
  • Sexual Misconduct Awareness
  • Emotional and Physical Misconduct
  • Mandatory Reporting (Understanding Your Responsibilities)

It is now required by US federal law due to misconduct in swimming and (especially) gymnastics.  The very short story is that SafeSport training is required to become or maintain a race official certification in the US.
Created: 21-Apr-10 11:26
P
Angelo Guarino
Certifications:
  • Regional Judge
  • Fleet Measurer
0
This is the problem with a group agreement.  

If this was a one-on-one contract, I would redline and negotiate.  As it is, we’d have to rely upon US Sailing to negotiate for us.  

I agree with Philip, a mutual release is much more appropriate language when you are talking about people who are volunteers for the sport.

Luckily, I renewed my SafeSport cert before this change, so maybe they can adjust this within the year.  
Created: 21-Apr-10 13:10
P
Angelo Guarino
Certifications:
  • Regional Judge
  • Fleet Measurer
0
Everyone in US Sailing should have received an email on April 2 titled: “Notification: SafeSport Transitions to New Learning Platform

If you scroll down in the email, the US Sailing liaison for SafeSport is listed along with contact info.  I will not post that info here (and please DO NOT post it here), but any concerns regarding this agreement’s terms should be directed there. 

Created: 21-Apr-10 13:24
US Sailing
Nationality: United States
3
This is a clarification from US Sailing's Staff Counsel:

The US Center for SafeSport (the “Center”) has authority under federal law to require US Sailing’s certified race officials to complete the SafeSport training curriculum. As the Congressionally recognized national governing body for the sport of sailing in the United States, US Sailing is obligated to support the Center’s training requirements.
 
The Center recently transitioned to a new training platform, which includes a user agreement containing the following indemnity provision: “User agrees to indemnify and hold harmless SafeSport and its directors, officers, employees, agents, shareholders, partners, and members against any and all claims resulting from User’s improper or unlawful use of the Training.” This means that the user is only obligated to indemnify and hold harmless the Center for third party claims arising out of the user’s – not the Center’s or another individual's – improper or unlawful use of the training. You are not being asked to defend the Center against claims unrelated to your personal misuse of the SafeSport training materials.
 
By including the above provision in the user agreement, the Center is trying to prevent unlawful replication, reuse, or reselling of the training course to non-users as well as the improper sharing of user access credentials to other individuals. As a US Sailing race official, you are not permitted to share the training course materials or your personal SafeSport login and access credentials, or to assist a third party in any other way to fraudulently access SafeSport training or certification credentials.
 
If you have further questions about the SafeSport user agreement, please contact US Sailing’s Staff Counsel, Justin Sterk, at justinsterk@ussailing.org or (401) 342-7938. 
Created: 21-Apr-12 19:47
P
Angelo Guarino
Certifications:
  • Regional Judge
  • Fleet Measurer
0
Justin, thank you for that clarification and for making yourself available for any questions or concerns.
Created: 21-Apr-12 23:34
Philip Hubbell
Nationality: United States
Certifications:
  • Club Race Officer
  • Judge In Training
0
That is a dismissive reading of the indemnification’s impact. But I judge the writer, not you the reader.
If a judge rules that SafeSport was partially or even mostly responsible for an episode that tangentially included a mis-use by the user, the agreement nevertheless requires user to hold SafeSport harmless. 
If SafeSport wants to prevent the mis-uses it describes, it should take the specific action needed.
A blanket capture of volunteers in an undefined legal trap holding SafeSport financially solvent unnecessarily endangers the volunteers.
Just once (always) I would like to see volunteers equally protected from agencies’ bank of lawyers. 
As I first stated, each of us must study the potential impact to our nest eggs and to our heirs.
Created: 21-Apr-16 18:57
P
Angelo Guarino
Certifications:
  • Regional Judge
  • Fleet Measurer
0
I have a couple takeaways from this thread ...

First, as US Sailing indicates in their response,

The US Center for SafeSport (the “Center”) has authority under federal law to require US Sailing’s certified race officials to complete the SafeSport training curriculum. As the Congressionally recognized national governing body for the sport of sailing in the United States, US Sailing is obligated to support the Center’s training requirements.

Therefore, to a certain extent, USS’s hands are tied to SafeSport under federal law.  USS does not have the ability to choose a different provider of training curriculum. 

To one of Phillip’s points, if the main concern is protecting SafeSport’s copyrighted materials, SafeSport could have done that in a MUCH clearer, understandable, reasonable and appropriate way.  Every time we rent a movie online, we see the copy protection language ...

FBI Anti-Piracy Warning: The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.

 Every NFL football game takes the time to say ...

 “Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited.”

... also consider each time you install a new software update on your computer and your click “agree” to the license agreement. 

This is all to say that we as average consumers are accustomed to seeing copyright-protection language and agreeing to it. 

In the end, as volunteers for US Sailing, we will have to rely upon US Sailing to relay these concerns and suggestions to SafeSport, negotiate on our behalf and hope that this dialog can have some influence on producing clearer, more appropriately targeted and limited wording in the future.  
Created: 21-Apr-18 14:11
Andrew Lesslie
Nationality: United States
Certifications:
  • Judge In Training
  • Club Race Officer
2
This is an extremely disappointing conversation.   

A very valid concern is expressed and it's summarily dismissed by the National Organization.   No suggestion of addressing the concern, just a case of take it, or leave it.  The interests of a commercial (for profit) concern are put above the concerns of the volunteers at the grass roots of the sport.

Do we still wonder why it's so hard to find volunteers and why the pipeline of sailors is drying up?
Created: 21-Apr-20 19:11
Philip Hubbell
Nationality: United States
Certifications:
  • Club Race Officer
  • Judge In Training
0
How many other US sports have migrated to this Absorb platform for SafeSport?
We must "team up."
Created: 21-Apr-20 22:11
Bruce Murray
0
Another nail in the coffin in the US certification scheme.  Another concern and something everyone should review is how signing this indemnification affects any "Directors + Officers" coverage in their insurance coverage.  It could void or cancel stated coverages leaving race officials in jeopardy.

So many US officials are just opting out of the program... as we all know, there is no rule which requires certification, the insurance "carrot" is really smoke and mirrors.
Created: 21-Apr-21 15:19
P
Angelo Guarino
Certifications:
  • Regional Judge
  • Fleet Measurer
0
US Sailing’s Staff Council graciously provided his information on this thread along with an offer to answer any questions. 

Instead of guessing, why not give Justin a call and give him a chance to address concerns?

If you have further questions about the SafeSport user agreement, please contact US Sailing’s Staff Counsel, Justin Sterk, at justinsterk@ussailing.org or (401) 342-7938
Created: 21-Apr-21 15:48
Andrew Lesslie
Nationality: United States
Certifications:
  • Judge In Training
  • Club Race Officer
0
I contacted Justin, who was gracious and informative.

The short version of the story is that the SafeSport Agreement is universal for all US national sports organization that feed to Olympic level and is not going to change.

We can each assess our risks and decide accordingly.
Created: 21-Apr-25 00:42
Philip Hubbell
Nationality: United States
Certifications:
  • Club Race Officer
  • Judge In Training
1
My short version is that I have shared the situation with the Wall Street Journal's reporter who covered much of the gymnastics abuse stories two years ago.
Created: 21-Apr-25 01:08
Philip Hubbell
Nationality: United States
Certifications:
  • Club Race Officer
  • Judge In Training
0
Matt Hill and others were kind enough to send a readable copy of the User Agreement.
Reading the User Agreement document in the print-page format clearly shows by punctuation and by indents that the User Agreement refers solely to access and use of the training materials, not to actions or outcomes. That was not clear to me in scrolling down the SafeSport online document sign-in page. 
While it is still ambiguous (and other included terms are worrisome), it does seem more limited in its scope and thus acceptable to me, risk-wise.
Created: 21-May-05 19:08
Graham Kelly
Nationality: United States
Certifications:
  • National Judge
0
Back when this controversy was raging, I sent an email to Matt Hill asking if the liability insurance provided to US Sailing officials would cover this potential liability. I received an "I'll check" message from US Sailing (not from Matt,) but so far, have heard nothing. However, I did hear from a local judge who advised me that when she was deposed in a wrongful death suit about an investigation she participated in at the request if USSA, he/she had a real fight with the insurer about hls/her attorney fees for the deposition.
Created: 21-Jun-18 03:15
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