Regarding the use of OCC materials by the Instructor
In consideration of the OCC authorizing the use of the OCC instructional materials,
and curricula, the Instructor hereby agrees as follows:
1. The OCC owns the Copyright to the FL and GO courses instructional materials, exams,
curricula, and any other supplementary materials provided by the OCC. These materials may only be used or reproduced with the express authorization of the OCC pursuant to this agreement
2. The Instructor will meet the following minimum qualifications:
a. Successfully completed the OCC FL Instructors course,
b. Is a member in good standing of the OCC
c. Holds additional certification(s) as required.
d. Meet the yearly Continuing Professional Development requirements.
3. Instructors of FL and GO courses assume full responsibility for the care and safety of their students.
a. To accomplish this, Instructors are to implement the principles for risk managements as taught in the FL courses.
4. Instructors leading FL and courses and associated modules are responsible to ensure their activities are in full compliance will all regulations set by the land managers of the area in which the course takes place.
5. The OCC reserves the full and sole right to cancel the OCC Instructor License Agreement of any Instructor found violating the terms and conditions of said agreement
6. The Instructor will not state or imply through advertising or other representations that any FL or GO courses are approved, sanctioned or taught by the OCC. The use of the OCC logo is only permitted with prior written permission of the OCC
a. Instructors are permitted and encouraged to use the following phrases in any reference to the OCC in their materials:
i. Curriculum, instructional materials and student handbooks provided by the OCC
ii. National course standards developed by the OCC
iii. Course content and materials developed by the OCC
iv. Outdoor Leadership Training as recommended by the OCC
7. The student to Instructor ratio during field sessions of any OCC course will not
exceed ten students to one Instructor.
8. The Instructor must meet all qualifications set forth in this agreement
9. The Instructor will adhere to the minimum times for classroom and field sessions as
set forth in the various curricula.
10. All students will receive a copy of an OCC course manual for the FL or GO course far enough in advance of the course to be able to carefully read the manual and complete the pre course quizzes.
11. The Instructor will carefully select outdoor locations for field sessions to maximize
safety and learning. Potential field locations should provide terrain appropriate for
teaching FL or GO material while at all times considering the potential for hazards in that
location.
12. The Instructor agrees that in respect of the teaching of independently run FL and GO courses, the Instructor is not an employee, agent, representative, independent contractor or subcontractor of the OCC.
13. The Instructor will ensure that all students who successfully complete an OCC course will have their name, date of birth, address, phone, and email address forwarded to the OCC along with the required licensing fee.
a. The OCC will provide a standard process for all Instructors to accomplish the above.
14. The Instructor will comply with all Municipal, Provincial, and Federal statues, regulations and policies that may be applicable to the OCC FL, or GO courses or to the location where the course is taught.
15. If the Instructor has liability insurance in respect of the teaching of OCC FL courses and modules the Instructor is requested to have the OCC included as an additional insured on that policy.
16. The Instructor will only issue a pass to applicants who attend the entire course, pass the exam, and who the instructor judges to be able to perform the duties of a FL leader in the terrain and/or activity being certified.
Regarding the use of Waivers for OCC courses
17. The Instructor confirms understanding that:
a. The OCC’s liability insurance provider mandates that in order to keep the OCC’s policy in effect, [we] warrant that a “release of Liability/Waiver of Claims” document […] be used and signed by or on behalf of all participants. If this warranty is violated, coverage will be automatically terminated from the time of such. Subsequent correction of the violation will not reinstate the coverage.
i. In plain language this means that participants in OCC courses delivered by Instructors must sign a waiver for the insurance company to pay for legal costs in case of a lawsuit resulting from a FL or GO course.
ii. A note on terms: for the rest of this document, the terms participants, participants in OCC courses and students are used interchangeably. The term participant used in OCC course materials has a different meaning than in this document and is defined in the course manuals.
b. “Release of Liability Waiver of Claims” document means a legal release document that is signed by a participant engaging in activities provided by the insured, releasing the insured from any liability.
i. In plain language this means that participants in OCC courses renounce their right to sue you, the OCC, or any other person or organization associated with the delivery of the course.
c. The Waiver is intended to protect the course instructor(s), the OCC/CCPA, the Provider offering the course, and program sponsors from legal liability in the event of an accident during a course involving injury or death to a course participant and allegations of negligence.
i. Note that a course provider or instructor’s conception of negligence may be quite different from that of a Plaintiff’s attorney. It is very important that you make no representations to your students which might adversely impact the enforceability of the Waiver. For example, a statement such as: “this Waiver is only a formality, we wouldn’t really rely on it if we really made a mistake out on the field”, would undoubtedly constitute a misrepresentation, rendering the Waiver unenforceable.
d. The approved Waiver for OCC courses is available from the OCC website and must be used. Any changes to the form of Waiver must first be approved by the OCC in writing.
18. The Instructor will:
a. Prior to commencement of the course, ensure that each course participant has read and signed the Release of Liability document (Waiver) as provided by the OCC.
b. Prior to commencement of the course, ensure that any person participating in field sessions who is not registered as a student and who is not a paid instructor (such as a volunteer course assistant), has also read and signed the Waiver.
c. Ensure student records and the Waiver signed by each course participant is kept on file for a minimum of seven years.
d. Retain Waivers that apply to a minor until the minor has reached to age of majority plus two years.
e. Provide the original or a copy of the Field Leader Training Release of Liability (Waiver) document to the OCC/CCPA upon request, provided such disclosure does not violate applicable privacy laws.
f. Comply with the Procedure for Administrating the Release of Liability document (Waiver) found below.
Procedure for Administrating the Release of Liability document (Waiver)
No matter what a waiver says or how it is presented, they must be presented to the participant in an acceptable manner to be valid (this wording comes directly from the liability insurance provider of the OCC).
Consequently, Instructors must:
1. Make sure the waiver is drawn to the participant’s attention before any activity occurs or even before the participant enters any “activity” area.
a. The OCC does this by providing access to the Waiver on their website.
b. Instructors must mention the need to sign a Waiver a part of the information about the course (before someone registers), and provide the link to the Waiver on the OCC’s website.
2. State clearly “this is a waiver”.
a. This provision is met within the Waiver document provided by the OCC.
3. Be sure participant is provided the Waiver and an opportunity to read through the Waiver, before they pay for the activity.
a. The OCC does this by providing access to the Waiver on their website.
b. The Instructor does this by mentioning the Waiver and providing a link to the Waiver within their course information.
4. Provide the participant ample opportunity to review and consider the waiver.
a. The OCC does this by providing access to the Waiver on their website.
b. The Instructor does this by mentioning the Waiver and providing a link to the Waiver within their course information.
c. The Instructor does this by mentioning the Waiver and providing a link to the Waiver once a person has registered.
d. The Instructor does this by giving participants time to read and sign the Waiver at the beginning of a FL or GO course.
i. The following introduction to the Waiver is recommended: “It is a requirement that all course participants sign a Waiver of Liability. The Waiver is a legal document. By signing it you will waive or give up your right to sue should you be injured on the course. You must read the Waiver carefully. Do not sign the Waiver until an instructor is there to witness your signature.”
ii. Avoiding detailed discussions with students as to the interpretation or application of the Waiver is recommended. Questions from students about the Waiver can probably best be answered by referring the student to the heading at the top of the form, or by inviting the student to take the time to carefully read the Waiver once again.
5. Never coerce, threaten or otherwise pressure a participant to read and sign a waiver.
6. Present the waiver as its own independent document, separate from any other documents presented to the participant.
7. Have a witness, present during the presentation and execution of the waiver.
8. Before signing as witness ask:
a. “Have you read the Waiver?” and obtain a Yes answer.
b. “Do you understand the Waiver? And obtain a Yes answer.
9. “Do you have any questions?” and obtain a No answer. Then ensure:
a. The name and address section at the top of the Waiver is properly completed.
b. The participant has not amended the Waiver by adding or deleting words or crossing out sections.
c. The participant has initialed each box where an initial is required to draw attention to that specific section.
10. Consider recording the presentation and execution of the Waiver.
11. Have participants re-read and re-sign even if they have previously completed a FL or GO course and signed a Waiver.
12. Persons who are not registered as students and who are not paid instructors but are nonetheless participating in the course are required to sign the Waiver.
13. The Waiver must be kept on file for a minimum of seven years, even if no injuries or accidents occur on the course.
14. Providers should be aware of the age of majority in the location where the course will be held. Persons under the age of majority in the Province or Territory where the course is held are referred to as minors.
a. A Waiver is unenforceable against a person who was a minor at the time the Waiver was signed, regardless of whether the Waiver has been co-signed by a parent, signed by a guardian or notarized. Nonetheless, the OCC/CCPA requires that for course participants under the age of majority, the signature of the parent or guardian be obtained on the form. This will constitute evidence that the consent of the parent or guardian to the minor’s participation in the course has been obtained, and that the parent or guardian has been advised of the risks involved. This could otherwise become an issue should the minor be involved in an accident during the course.
i. A Provider and instructors should exercise discretion where the minor is between the ages of 17 and the age of majority, and the parent or guardian’s signature is unavailable (e.g. the student is living away from home and has no parent or guardian near at hand to sign).
b. In the case of minors, Waivers should be kept on file until the minor reaches the age of majority plus a minimum of two years.
15. If desired, Providers may also apply their own Waiver in addition to the OCC/CCPA Waiver.
Release of Liability, Waiver of Claims and Indemnity Agreement
This Agreement is between the Instructor and the OCC. In consideration of the OCC entering into this agreement with the Instructor, the Instructor agrees as follows:
1. TO WAIVE ANY AND ALL CLAIMS that the Instructor has or may in the future have against the OCC and its directors, officers, employees, and representatives, and any sponsors of the OCC courses (all of whom are hereinafter collectively referred to as “the Releasees”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense, including death, that the Instructor or the Instructor’s next of kin may suffer, in connection with the Instructor’s involvement in an OCC course, due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care on the part of the Releasees arising from the Releasees involvement in the OCC course; and:
2. TO HOLD HARMLESS AND INDEMNIFY the Releasees from any and all liability or claims in connection with any property damage, personal injury or death sustained by any course participant or third party arising from or connected with an OCC course taught by the Instructor.