Updated on Jan 18, 2022
Propel’s Liability Insurance Program (“PLI”) covers Instructors and Hosts if they have legal liability for bodily injury or property damage to students or clients, or others, as a result of an event that happens during a swimming lesson booked through Propel. The PLI Program does not provide any compensation benefits for injuries or diseases related to work performed during swimming lessons. For this type of coverage, instructors may opt in with their local provincial Worker's Compensation system.
The PLI Program provides coverage through a policy issued by certain underwriters at Lloyd’s of London, one of the world’s most reputable insurance providers. There is no additional cost to Instructors or Hosts for participation in the PLI Program.
Coverage under the PLI Program is primary. This means that it isn’t necessary for Hosts or Instructors to make claims against any existing Liability Insurance they may have before getting coverage for a claim under the PLI Program. See below for information on how to report claims under the PLI Program.
Countries Included:
PLI Program coverage currently extends to Hosts and Instructors located in Canada only.
Eligible for coverage:
Instructors and Hosts are covered under the PLI Program if the incident that results in legal liability for either a bodily injury or property damage claim arises during a swimming lesson, which occurred at a Propel partnered pool during a booked lesson time that was booked using Propel’s platform.
- Propel partnered pool - Pool is a hotel, gym, or other pool facility that is owned or controlled by a third party Host, listed on the Propel platform, for use by an Instructor who is booked by a Client through the Propel platform. All Instructors, Hosts, and Clients must have consented to the Propel Terms of Service.
- Instructor - Instructor is a person who has completed the Propel account sign up and registration process, including consenting to the Propel Terms of Service and lists their Swim Instruction Services on Propel.
- The partnered pool Host is also included as an additional insured to the extent of claims brought against the Host. The Host’s Owners, Officers, and Employees, or any other similar entity of which the Host is a member, is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the Host’s Pool, including related areas, during a Propel Swimming Lesson.
- Propel Swimming Lesson – A Propel Swimming Lesson begins at the confirmed lesson time/date and ends when the booked lesson duration concludes. There must be an actual Propel Swimming Lesson in order for the coverage to apply; cancelled Propel Swimming Lessons, no-show situations, and lessons arranged verbally, electronically, or otherwise without a corresponding Propel website booking are not entitled to coverage.
What Locations are Covered:
Covered locations are Pools (any property "location") which is:
- Owned or controlled by the "Host";
- Listed on the Propel website; and
- Booked and occupied by a third party using the Propel website who has consented to the Propel Terms of service
Primary Limit of Liability:
CAD 10,000,000 each occurrence, with a total limit available per location of CAD 10,000,000 during the PLI Program policy term (generally an annual term).
What is covered under the PLI Program?
Coverage applies to claims for bodily injury or property damage where the Host or Instructor has legal liability. If coverage is available for claim, that coverage includes many of the costs to investigate a claim involving a Host or Instructor, and to provide a legal defense, if necessary.
What are the main items excluded from the PLI Program?
The PLI Program excludes:
- Assault and Battery – any loss or expense caused by, arising out of, or resulting directly or indirectly, in any way from assault and/or battery of any person committed by or alleged to have been committed by any insured.
- Contractual Liability – liability for bodily injury or property damage where the insured is obligated to pay damages they have assumed in a contract or agreement. This exclusion doesn’t include legal liability the insured would have without a contract or agreement.
- Distribution of Material in Violation of Statutes – bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate any statute, ordinance or regulation that prohibits or limits the sending, transmitting, communicating or distributing of material or information.
- Electronic data – damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
- Expected or intended injury – bodily injury or property damage the insured intended to happen, or should have expected to happen. For example, if a Instructor were to deliberately destroy property, this coverage wouldn’t apply, even if the Instructor were legally responsible for that damage.
- Forcible Ejection – any loss or expense caused by, arising out of, or resulting directly or indirectly, in any way from from injury to any person or damage to or destruction of property including the loss of use thereof resulting from the forcible ejection of such person from the premises.
- Liquor liability – injury or damage for which any insured may be held liable by reason of (1) causing or contributing to the intoxication of any person; (2) the furnishing of alcohol beverages to a person under the legal drinking age or under the influence of alcohol; or (3) any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
- This exclusion applies if you: (1) manufacture, sell or distribute alcoholic beverages; (2) serve or furnish alcoholic beverages for a charge whether or not such activity: (a) requires a licence; (b) is for the purpose of financial gain or livelihood; or (c) serve or furnish alcoholic beverages without a charge regardless of whether a licence is required for such activity.
- Nuclear risks – any loss or damage resulting from the hazardous properties of nuclear material.
- Personal and Advertising Injury – losses, including consequential bodily injury that arise out of claims, such as:
- false arrest, detention or imprisonment
- malicious prosecution
- wrongful eviction from, wrongful entry into, or invasion of the right of privacy in a room or area that a person occupies
- oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services;
- oral or written publication, in any manner, of material that violates a person’s right of privacy
- use of another’s advertising idea in your advertisement
- infringing upon another’s copyright, trade dress or slogan in your “advertisement”
- Punitive or Exemplary Damages - punitive or exemplary damages, fines or penalties, except where such damages are insurable by law.
- Sexual Assault or Molestation - any loss or expense caused by, arising out of, or resulting directly or indirectly, in any way from sexual abuse or molestation of any person committed by or alleged to have been committed by any Insured.
- This includes injury or damage connected in any way to (1) corporal punishment, sexual or physical abuse, sexual exploitation, transmission of disease or other harmful acts by the insured. (2) the actual or threatened abuse or molestation by anyone while in the care, custody or control of any insured; or (3) the negligent (a) employment, (b) investigation, (c) supervision, (d) reporting to the proper authorities or failure to so report, (e) retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded under section (1) above.
- Silica, Silica Dust, Lead and Asbestos– bodily injury or property damage arising from or connected in any way to asbestos, lead, silica, or silica dust.
- War – bodily injury or property damage arising, directly or indirectly, out of
- war, including undeclared or civil war
- warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents
- insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
- Workers Compensation and Employers Liability – any obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law or any similar law. Bodily injury to any employees of the insured (or any of their family members) arising out of their employment by an insured or performing duties related to the conduct of an insured’s business. This exclusion applies whether the insured may be liable as an employer or in any other capacity.
Claims:
Please notify Propel immediately if you become aware of any bodily injury or property damage has happened that may be a subject to coverage under this policy.
Disclaimer:
This PLI Program summary does not contain the full terms, conditions, and exclusions.
Questions?
Please contact us if you have questions regarding the coverage made available under this program.
