Having a Liability Mitigation Strategy for Your Pickleball Club

Underlying some of the more fun and creative aspects of running a company are the necessary, administrative aspects that provide the backbone to a business. Included in these not-so-fun-but-essential elements is having a solid liability mitigation strategy. Eastside Paddle Club (ESPC), located in Austin, Texas, reflects the flair and personality of a city like Austin while maintaining a well-rounded and intentional approach to mitigating the company’s liability from things such as injuries and accidents, which is a frequent concern at all types of athletic clubs.

Both a pickleball facility and social club, ESPC attracts everyone from recreational players to seasoned pickleball professionals. Their member base is quite diverse and includes individuals looking to work on their health and wellness, various types of athletes, businessmen and women, newcomers to the area looking for community, and more.

ESPC takes its liability mitigation approach quite seriously, maintaining their own internal legal counsel to drive their strategy and execute initiatives to protect the company against an assortment of liabilities common among athletic clubs. One of the most foundational aspects of their strategy involves requiring players to sign a waiver liability form, which acknowledges the inherent risks associated with physical activity, upon signing up for a membership. Further, “all guests walking in must sign a liability waiver form,” says Adrian Montoya, co-founder of ESPC. Their legal team has constructed the forms in such a way that they do not have an expiration date, requiring less upkeep for ESPC staff members. To make this process even more efficient, ESPC utilizes CourtReserve’s electronic waiver system to ensure proper record keeping. Montoya comments that the “system so far has been great for [them] and very easy to use.” He especially appreciated that all the necessary data is automatically captured and sent right to their system.

Another core tenant of ESPC’s liability mitigation approach is carrying “exceptional liability insurance” with a full coverage policy from USI Insurance Services. According to Montoya, USI has offered them “great communication, ease of transparency, and competitive rates,” all key to securing quality liability insurance for a pickleball club.

The leadership at ESPC understands that liability mitigation is not simply an automated consequence of good systems and invests significant resources into training their staff on their liability mitigation strategy. To support this endeavor, the club holds “monthly training sessions regarding liability and member safety protocols” for its staff. 

ESPC’s liability mitigation strategy extends beyond the legality aspects as they take a well-rounded approach to the matter. For example, they conduct “regular nightly checks for safety across the facility” and “test emergency equipment like fire extinguishers and first aid kits to make sure they work.” Moreover, they maintain a thorough inspection checklist that is required to be completed daily by a staff member who is trained to identify potential problems and address them in a timely manner. One of the internal mottos among the ESPC staff is “We Fix Problems Fast.”  Additionally, ESPC includes basic operational standards in their liability mitigation approach as well, such as maintaining a tidy facility and regularly checking their locker rooms and common areas for potential hazards. They highly encourage members to communicate “any problems they see or would like changed across the facility” to ensure proper safety measures are being followed and a quality experience is possible for all who walk through their doors. 

ESPC prioritizes liability mitigation through a variety of “comprehensive safety measures and protocols to minimize the risk of accidents and injuries on their premises,” signifying their care for members and guests. These measures include everything from requiring players to list emergency contacts prior to participating in pickleball activities, maintaining regularly inspected equipment, and communicating safety protocols to everyone. Their hope is that by “combining proactive safety measures, member education, and legal safeguards,” they will be able to “create a secure environment that minimizes liability concerns and fosters a positive and responsible fitness community.”

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