Update:
Dear Pastors and Trip Leaders:
I wanted to clarify something in the e-mail I sent
to you recently and to share an e-mail discussion sent back and forth.
(1) A Board Resolution is important NOT
ONLY for true Missionaries... but ANY trip that the Church helps to Organize
.
(2) Please see the e-mail between Pastor Shane
and myself. This may help you clarify any issues that you have. I had over 100 trip
leaders go to the site to download the paper last week and I thought it was important
to clarify the difference between "sponsoring" and "organizing".
You may read the e-mail below or click
on the link and see all of the discussion online at:
John M. Drye, Esq.
From: Mission Director - John M. Drye, Esq. [mailto:JMD@ServingAbroad.com]
Sent: Wednesday, March 23, 2005 12:11 PM
To: John Drye
Subject: Fw: Church Board RESLOUTION
----- Original Message -----
To:
Pastor Shane Comellas
Sent: Thursday, March 17, 2005 11:59 AM
Subject: Re: Church Board RESLOUTION
Pastor-
Thank-you for your e-mail.
I have included the link below where you can download the
short paper I wrote regarding why a resolution is important (including a sample
resolution), but wanted to address a few comments in this e-mail. You are most welcome
to call me anytime to chat if I can be of further assistance at 800-578-2111 (Ext.
3675)
http://www.servingabroad.com/signup.htm
When Churches organize trips (especially out of the country)
there is a burden of liability placed upon the Ministry and the trip leaders. Absent
obtaining a form of Property and Causality insurance coverage for specific lawsuits
and loss (which is most times cost prohibitive and unnecessary for the majority
of Ministries) there are three basic steps that a Ministry should take.
Step 1 : Waivers - As you noted below having
a waiver in place is important. But realize that Waivers are not "iron clad" in
that individuals can not be held accountable to waivers when "Negligence" is involved.
On international trips this is almost always the plaintiff attorney's view. (Ie:
The Trip leader was not properly trained or There was a lack of supervision on the
travelers (especially when minors are traveling), etc....) So combining a waiver
reference to the official board resolution as to the intent of all parties and who
is responsible for what is VERY important (see the paper).
Step 2 : International Medical, Emergency, and
Special Coverage's Insurance - Pastor, please realize that I am biased on this
point because I did help design the policy we offer, but having insurance coverage
in place for injuries aboard and a "go-to" organization to arrange evacuations,
insurance coordination, translations etc... is VERY IMPORTANT. I teach 1000's of
Christian school principals each year the importance of having a special risk student
accident policy in place at their schools. To this point I explain that when injuries
occur...as long as the bills are paid properly.... most of our student and parents
are very forgiving and no liability results for the school. It is the same for the
Church. Our members do not want to involve the church in financial matters if all
of the bills are paid.
For $2 a day per person we offer a policy that covers their
medical, international emergency (evacuation reunion, etc...) and other coverages
so that a trip leader knows travelers are traveling insured with a company that
can handle international claims.
Step 3: Board Resolution - To minimize the liability
associated with International trips, it is very important to CLEARLY define the
intentions of the parties (Church vs. individuals traveling) as to who is responsible
for the safety and welfare of the trip and what each travelers is expected to do
in preparation for and during the trip. This document can be very powerful if the
Church is placed in a position of liability due to the actions or inactions of the
trip leader or other circumstances on the trip. (see the paper)
I hope this gives you a brief overview of what to consider.
We would love the opportunity to provide you coverage for your trips each year or
assist you in any other manor.
Pastor, I communicate with thousands of Churches that
use our products. Would you mind if I shared this e-mail with them?
John M. Drye, Esq.
Legal Counsel
ServingAbroad.com
***********************************************
Educator Resources (National Offices)
600 Embassy Row - Suite 115
Atlanta, Georgia 30328
Direct Dial: (678) 990-3675
Facsimile: (770) 394-0333
E-Mail- JDrye@WIAonline.com
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Educator Resources is proud of several new websites we have created to serve
the 1,000's of schools & churches we serve:
www.StudentAccident.net
www.ServingAbroad.com
www.Educator-Resources.com
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**********************************************
----- Original Message -----
From:
Pastor Shane Comellas
Sent: Thursday, March 17, 2005 9:45 AM
Subject: Church Board RESLOUTION
Dear John,
We have
been receiving various faxes from your organization regarding the “Church
Board Resolution” document. We are curious to see exactly what this you have
prepared and what exactly it does. We are always concerned with liability and with
us taking some 10-12 missions trips a year we want to ensure that what we do honors
Christ and our people. I am writing to you specifically regarding the church board
resolution that you have prepared and the safe harbor that would provide an organization
like ours. Currently everyone signs a liability waiver and we also pay for an extensive
insurance policy in the event of sickness, injury or death. We work hard at covering
our bases and we have been happy with the results thus far. We have been doing these
trips for thirty years and we are always looking to perfect the way we do things.
Please provide whatever information you view as pertinent regarding the “Church
Board Resolution” and thank you for your assistance
Blessings,
Pastor
Shane Comellas
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