Controlling Your Risk

Bounce Houses/Inflatables

Bounce houses are fun, but they can lead to serious injuries. To protect your Organization from claims and lawsuits, you need to do two things when bringing bounce houses onto campus:

  1. Get a waiver from ANYONE going into the bounce house. Waivers provide you with strong protection against risks inherent in an activity. Refer to Waivers for further instructions. (Note: it's a good idea to use waivers even if your bounce house event is held off-campus.)
  2. Get a Certificate of Insurance from the Bounce House operator that does the following:
    1. Names your Organization and The Regents of the University of California as additional insureds;
    2. Provides $1 million in commercial general liability coverage;
    3. If the company is bringing vehicles onto campus, provides $1 million in automobile liability insurance.
    4. If the company is bringing employees onto campus, provides Workers Compensation coverage in accordance with California law.
  3. If the bounce house company cannot give you a Certificate of Insurance, look for another bounce house company. If the bounce house company cannot/will not provide Auto Liability coverage (which is state mandated!), it cannot drive onto University property. If the bounce house company cannot/will not provide Workers' Compensation, it cannot bring employees onto University property.

The Certificate should be sent to the department that controls the campus facility you are using. If you are not sure which department controls the facility you are using, contact campus Risk Management at risk@berkeley.edu or 642-5141.

It is definitely in the best interests of you and your Organization to have the Certificate, because it assures that the bounce house owner will handle any claims or lawsuits that come your way.

Food

Food consumption can lead to food poisoning. Your liability for claims of food poisoning depends mostly on two things:

  1. the degree to which you prepared the food, and
  2. the responsibility you had to preserve the food (i.e. keep uncontaminated and hot or cold)

From a liability standpoint, the less you have to do with preparing the food and the sooner you serve it, the better. Here is a liability breakdown of food serving options:

  • Pre-packaged foods (bags of chips, bottled water, etc.) These pose very little risk because someone else prepared them and you did not have to take any steps to preserve them, so liability goes to the manufacturer, not you.

    Recommended loss prevention: do not open until serving.

  • Prepared foods (pizza, sandwiches, salads, etc.) brought in from restaurants or stores. You do not have to prepare them, but depending on when they are served, you may have to preserve them.

    Recommended loss prevention: keep hot or cold as appropriate. Do not unwrap until serving. Serve sooner than later.

  • Catered foods (at banquets and other major functions). The caterer is preparing the food and preserving it, so liability goes to the caterer.

    Recommended loss prevention: see below.

  • Foods you make. Since you prepared the food and probably had to preserve it, if someone gets sick, YOU are responsible!

    Recommended loss prevention: Follow safe food handling procedures (i.e. wash your hands, clean utensils, clean surfaces, avoid cross-contamination, etc.). Keep food hot or cold as appropriate. Wrap or cover for protection if possible and do not unwrap or uncover until serving.

  • Foods you make to sell. Since you prepared the food and probably had to preserve it, if someone gets sick, YOU are responsible!

    Recommended loss prevention: Make sure you have any necessary permits. Follow safe food handling procedures (i.e. wash your hands, clean utensils, clean surfaces, avoid cross contamination, etc.) Keep food hot or cold as appropriate. Wrap or cover for protection if possible and do not unwrap or uncover until serving.

The insurance policy also covers food you sell, but only if you sell less than $10,000 worth per event. Before you prepare or sell food on campus, you need approval from Environment, Health & Safety. See the EHS web site for more information.

If your event is catered, the caterer will need to provide insurance. If the caterer does not have insurance, it can obtain event coverage through Mercer, the University's insurance broker, by going to the Campus Connexions website or calling Mercer at 866-838-9536.

The University requires a Certificate of Insurance from caterers that includes the following:

  • The caterer must be listed as the Insured.
  • Your Organization and The REGENTS OF THE UNIVERSITY OF CALIFORNIA must be listed as "Additional Insureds".
  • The Insurer/Producer name and contact information must be on the Certificate.
  • The policy start and end date must encompass the date of your event.
  • The policy must include General Liability coverage of at least $1,000,000.
  • If the caterer is bringing a vehicle onto campus, the policy must include Automobile Liability coverage of at least $1,000,000.
  • If the caterer is bringing employees onto campus, the policy must include evidence of California Workers' Compensation coverage.
  • The Certificate must provide 30 days' advance written notice to the University of any modification, change, or cancellation of any component of the insurance coverage.

GUESTS

If you are bringing minors, their families, or anyone else to the campus for field trips, tours, overnight stays, or other activities that take guests away from home, obtain a waiver from each guest's parent/guardian. Refer to the Waiver page for an actual waiver you can adapt to your activity.

Here are the hazards associated with having guests on campus, and what you can do about them:

Medical Emergency

In the event of a medical emergency, the host should immediately determine whether the injury is life-threatening (loss of consciousness, difficulty breathing, etc.). The default is to assume the injury is life threatening.

Here are local emergency call numbers effective September 2017:

University of California Emergency (from campus phone) 911
University of California Emergency (from cell phone) 642-3333
City of Berkeley Emergency (from land line off campus but within city limits) 911
City of Berkeley Emergency (from cell phone) 981-5911

Emotional/Psychological Emergency

A guest may suffer a panic attack or go wild beyond your control. Or, worse, a guest may exhibit bipolar, bizarre, or perhaps threatening behavior.

Here are local contact numbers for emotional crises:

Tang Center (regular business hours) 642-2000
Tang Center's After Hours Advice Nurse 643-7197
Alameda County 24/7 crisis/suicide prevention hotline 800-309-2131

Family Conflicts

A guest may tell you about ongoing abuse, neglect, or molestation in his/her life. Do not personally intervene. If you are convinced the guest is telling the truth, contact Child Protective Services or the local police and report what you have been told. By making an official report, you gain legal immunity even if the allegations are proven false.

Alcohol or Narcotics

No one under the age of 21 should be offered alcohol. This is a crime and criminal acts ARE NOT insurable. Hosts over 21 should not consume alcohol in the presence of guests. Narcotics should not be used under any circumstances. Hosts who have alcohol or narcotics in their home should lock their stash in a sturdy, secure place and not tell anyone about it.

Sexual Harassment

Sexual relations with someone under 18 may be a criminal act. Minimize one-on-one time. To protect yourself from harassment allegations, meet at a cafe or other area where many people are around and can vouch for what went on. If you have to meet in a room or office, keep doors open and window blinds up to increase the likelihood of witnesses to any he-said-she-said dispute. Do not lead somebody on by saying or doing things that suggest you're interested in a relationship.

Theft

Keep your valuables secure. Encourage guests to secure their own valuables. If you have to take responsibility for a guest's valuables, place the valuables behind locked doors and windows and keep them hidden from view of potential thieves.

Transportation

By Air

You may fly somewhere as part of your employment or participation in a Registered Student Organization. If you are flying a regularly scheduled commercial airline, liability is with the airline and you do not have to do anything about insurance. If you are flying in a private plane (it could happen!) the pilot should have at least $2 million in commercial aviation coverage. You may not care about this for yourself, but if you are flying somebody else via private plane you should make absolutely sure the pilot has coverage by asking the pilot for a Certificate of Insurance.

By Public Transportation

Liability would fall with the public transportation provider, so you do not have to do anything about insurance.

Buses, Limos, etc.

Liability would fall with the transportation provider, so you do not have to show coverage for yourself.

Recommended loss prevention: if you are hiring a bus company to provide transportation for many people, it's best to get a Certificate of Insurance from the bus company naming your Registered Student Organization as an additional insured. The Certificate should evidence coverage of at least $200,000 per seat or $3 million total, whichever is larger.

When You Are Driving

Confirm in advance that drivers have a valid license for the type of vehicle they are driving. When personal vehicles are used, leaders should also confirm that the vehicle is insured. No one with a DUI or multiple moving violations over the last two years should be allowed to drive on behalf of the University or Registered Student Organizations.

Auto accidents can result from the following risks:

Bad weather (snow, heavy rain, fog, etc.)

Recommended loss prevention: If possible, wait until the worst part of the storm is over before beginning travel. If caught in a storm, pull over or drive slowly. If you know you're going to encounter bad weather, be prepared (i.e. bring chains if heading into snow, check windshield wipers and defroster if heading into rain).

Bad roads

Recommended loss prevention: use extra care when driving in construction zones, around blind turns, or on narrow or unpaved roads.

Mechanical failure

Recommended loss prevention: before leaving on a trip, make sure brakes, tires, lights, mirrors, and defroster are all in good working condition. If any of these do not function, use another vehicle for the trip.

Driver fatigue

Recommended loss prevention: no one should drive more than two hours straight. If there's only one driver per vehicle, the driver should take at least a 15-minute break between each two-hour shift. If there's more than one driver per vehicle, switch after two hours (no break necessary except to make the switch). At night or in bad weather, no one should drive more than 60-90 minutes without taking a break or switching drivers. Rather than drive through the night, stay at a hotel and resume travel first thing in the morning.

Driver inattention

Recommended loss prevention: no one should drive under the influence of medication that causes drowsiness or trouble concentrating. Drivers should pull to the side of the road to use cell phones or to text. Avoid eating or reaching for items that cause you to take your attention off the road.

Driver recklessness

Recommended loss prevention: Do not drink or consume narcotics before driving or while driving. Do not speed beyond normal traffic flow, tailgate, make abrupt lane changes, etc.

Vendors

A vendor is a company or businessperson who provides your Organization with goods or services, usually for a fee. Vendors can be:

  • DJs, bands, or other performers
  • Restaurants or caterers
  • Bounce house concessionaires or purveyors of other fun stuff

The goods or services provided by vendors can lead to liability. For instance, the food prepared and served by caterers could lead to food poisoning. There is no reason why you or your group should be liable for the negligence of a vendor. Nor should the University, unless the University itself is the vendor (unlikely).

For on-campus events, vendors need to give the University a Certificate of Insurance prior to the event. They cannot piggy-back on your coverage. If the vendor does not have insurance, it can obtain event coverage through Mercer, the University's insurance broker, by going to the Campus Connexions website. Or the service provider can call Mercer at 866-838-9536.

The University requires a Certificate of Insurance from service providers that includes the following:

  • The vendor must be listed as the Insured.
  • Your Registered Student Organization and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA must be listed as "Additional Insureds".
  • The Insurer/Producer name and contact information must be on the Certificate.
  • The policy start and end date must encompass the date of your event.
  • The policy must include General Liability coverage of at least $1,000,000.
  • If the vendor is bringing a vehicle onto campus, the policy must include Automobile Liability coverage of at least $1,000,000.
  • If the vendor is bringing employees onto campus, the policy must include evidence of California Workers' Compensation coverage.
  • The Certificate must provide 30 days' advance written notice to the University of any modification, change, or cancellation of any component of the insurance coverage.

For vendors coming to your off-campus events, the Certificate of Insurance requirement is not mandatory, but it remains in your best interest to make sure the vendor is insuring its goods or services.