Clubs are trying to limit their liability exposure. Without some legal protection, they wouldn't run races at all. Regardless of how well the waiver actually protects them, I don't believe they will disappear.
Legal Protection versus Financial protection is the issue under the rubric of Risk Management.
The state of MD licensed lawyer told me that you can't protect yourself by asking someone to sign a form waiving someone else's negligence. So... the fact that you sign it does not take away any of your options (as a sailor. He told me the purpose was to make you state in a court of law. "yes I understood the risks and agreed to not hold X liable" but this meant nothing to the judge in MD who needs to judge the degree of negligence exhibited by the OA in your civil suit. His advice was that it was of small value protecting your organization and your self as an OA as well.
This Rec managegment web site has a good primer
Advice on liability waivers It tabulates how each state deals with liability waivers. The advice to manage risk with indemnification agreements is not an option with US Sailing.
Now financial liability is the real issue that can be addressed. The club and the volunteers don't want to be on the legal hook for volunteering to run a regatta.
An excellent post from an insurance agent, Gene McCarthy who writes regatta liability insurance for clubs spelled out the killer problem.
Link to Gene's Post
Insurance FAQ .. since liability is joint and several 10% liability for an accident could put you on the hook for 100% of the judgment (if the 90% guy can't pay the judgment)... So if you were dumb enough to not incorporate your organization.... you are screwed. minimally... you have legal headaches for years.
My lawyer's advice (MD only)... buy insurance for your clubs financial protection and YOUR financial protection as an officer or volunteer.
I highlight Gene's statement on Liability waivers in this excerpt.
But I admit, I do recommend to OA's not to require insurance of the participants as long as they have Regatta Liability Insurance (through me, as I can not talk about other knockoffs out there, what they require or don't require). Most certainly the coverage I offer does not require anything such as waivers, boat owners to have insurance or any barriers, I like to hear of participation increasing and making things easy for ailors). I see it as a barrier to entrance in the sport. I see it as a headache for the participant to contact their agent, make sure they get the copy forwarded to the OA, the OA needing to check each and create a long-range filing system (lawsuits might take years before they are filed before the OA is even aware of it, and that recordkeeping is now critical since they required it to begin with).
So, even though I believe the waiver to be superfluous so long as I have the organization purchase liablity insurance, I don't see any down side and keep it in place for events we run. I don't need to lead on this issue.
