Dance camp liability: receive free advice


Questioner

We are 3 dance teachers who organize a 'dance camp' during the summer holidays. About 30 children, divided over 2 camps, sleep for a night and dance and play games during the day. We only ask for an expense allowance for this. We are also not an association, foundation or other legal entity. Can we draw up a waiver for this that is legally valid in case of accidents and damage? So that we cannot be held liable for this, but that they come to the camp at their own risk.

Lawyer

Day, there is no possibility to exclude all liability, in particular liability based on unlawful act in case of intent or recklessness bordering on intent. Errors made as a result and damage as a result thereof cannot be excluded. For other errors and accidents and damage, reference should be made to the liability of the parents to insure their children sufficiently for this specific accommodation.

Lawyer

If you organise trips on more than a non-incidental basis, you are a 'tour operator' within the meaning of the law and you are liable for compliance with your obligations under the travel agreement. Liability towards participants can be partly excluded, but a tour operator cannot exclude liability for damage caused by injury or death of a participant. It is best to take out liability insurance for such damage. NB: the participants' travel insurance will initially cover the damage they have suffered, but the insurer can recover the damage from the liable party. A liability insurance that you take out will provide cover for this.

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