Clubs and golf courses operated by Billy Casper Golf Management have found a variety of ways to generate donations for disaster relief in the wake of September 11.

Deer Run Golf Club, Berlin, MD, raised $1,500 by donating a portion of each full-price green fee in the month of October to the Greater Ocean City Disaster Relief Fund.

Cranbury Golf Club, West Windsor, NJ, raised $6,280 for the Todd M. Beamer Foundation through its annual Fall Finale golf event in November.  (Beamer, a resident of Cranbury, NJ, was one of the passengers who helped distract the hijackers on the flight that crashed in Pennsylvania.)  Twenty-five dollars from each member�s participation fee went to the foundation and Billy Casper Golf matched each member donation.  The club raised additional funds through tee sponsors and 50-50 drawings.

Cobblestone Creek Country Club, Victor, NY, members donated to purchase a flagpole and memorial plaque for the club in memory of the heroes and victims of September 11.  The club matched member donations.  All funds above what the materials and labor cost go to a relief fund.  An estimated $1,500 will be donated.

High Bridge Hills Golf Club, High Bridge, NJ, donated a portion of each green fee for six weeks, a total of $5,000.  

Could a club be at legal risk if a child is abused�or worse�by a baby-sitter whose name is on a list compiled by the club for the convenience of members? Attorney Fred Somers, an authority on club law and organization answers this question and discusses club involvement in baby-sitting:

Child-care providers.  State laws vary considerably as to whether and how they define and regulate child care providers.  The reason a club (or preferably its counsel) would have to carefully examine the state law governing child care providers is that if the club potentially falls within the definition of a child-care provider by furnishing and training �baby sitters� for off-premises child care, then failure to register as a child-care provider and otherwise comply with the child care statutes and applicable regulations, if any, could give rise to criminal as well as civil liability.

Tort liability.  However, even in the absence of applicability of child-care provider state law and regulations, state statutory or common tort law may create liability exposure for providing the �baby sitter� services.  For example, and by analogy, organizations which furnish �good housekeeping� seals of approval for preferred and recommended vendors for the members run a risk, without specific exoneration by the members, of exposure for failure to properly train and screen the vendors for competency and honesty.  Without rendering any opinion on the subject of �training,� we believe this aspect of providing the subject services is best avoided.  Otherwise, too many �juicy� questions could be asked by the plaintiff�s counsel.  For example, who trained the miscreant sitter who allegedly molested any child?  What schooling and experience did the trainer have?  How long was the training and what did it cover?  Did the club verify the training?  Did the sitter have to pass specific tests?  What were the tests?  Was any screening done of sitters before turning them loose as competent, honest, moral, etc.?  What agency did the screening?  How extensive was the screening?

Insurance.  While most prudent clubs maintain comprehensive general liability and directors and officers errors and omissions insurance, a written opinion of insurance counsel or written acknowledgement of the carrier should be obtained that the policies are broad enough to cover off-premises tort claims resulting from action of independent contractors.  That is, we assume in most instances the sitters won�t be employees of the club but rather hired by the members who use them as independent contractors.  We also recommend that counsel advise as to whether the insurance coverage is in sufficient amounts to cover likely and prevalent jury awards for child-care abuse.  Regardless, insurance is not a panacea.  Too often clubs opt for the most economical premium and the result is questionable and limited or no coverage.

Club rules/releases.  Club rules probably need to be revised to ensure that members who take advantage of the service agree to forbear any claim against the club and to hold the club harmless from any claim relating to the service.  Of course, if both the member and the member�s spouse haven�t previously executed enrollment agreements reciting they agree to abide by and be governed by the club�s bylaws and rules and regulations as then in force or later amended, then a specific release form should be prepared by the club�s legal counsel for each engagement, or a blanket release form could be fashioned.  State laws vary widely on the efficacy and requirements of releases and waivers, and thus local counsel should be requested to compose the form used.  Of course, even with the member and spouse, the presumed parents of the child or children being �baby sat,� executing releases or waivers, state law may allow a claim to be brought on behalf of the child independent of the parents� release.  Thus, local counsel should be requested to opine as to the effectiveness of releases and waivers as to the child as well as the parents.

Other difficult questions surface regarding releases and waivers.  For example, if one of the child�s parents is not a member or spouse of a member, the club may have exposure to the non-member parent even in the presence of a release form which requires the signing member and spouse to swear under oath that the children listed are the member�s and the member�s current spouse�s natural born or adopted children.

What about grandparent claims?  Some states now are giving grandparents certain custody rights.  It is not a large stretch to extend this interest to tort claims.

Contractual issues.  One of the difficulties that arise concerns the nature of the relationship between the club and the �baby sitter.�  Is the sitter of sufficient age under state law to be bound under contract?  If not, isn�t it prudent to obtain written consent and indemnification from the sitter�s parents regarding claims of the sitter for injury (e.g., rape , molestation, etc.) incurred by the sitter while engaged on a club referral?  It is preferable the club either refrain from hiring sitters below the legal age of contract capacity and extract an independent contractor agreement with the sitter, or if under age of contract capacity, with the sitter�s parents.  If the club is limiting eligibility on the referral list to children of members, the opportunity for obtaining the sitter�s parents acknowledgement of responsibility and exoneration of the club is enhanced.

Procedures.  At the very least, following a decision to offer the services and after obtaining counsel�s opinion concerning liability exposure and evaluating and assuring available liability insurance, the club would be wise to develop a written policy and procedure regarding the service to include (1) a questionnaire to be completed under oath by the member and spouse regarding the child or children, (2) a release and waiver form to be signed by the member and spouse, (3) a form to be signed by the sitters or their parents, and (4) the adoption and publication of club rules regarding the service.

Cost/benefit analysis.  Before incurring the legal and administrative costs involved in undertaking the foregoing analysis and due diligence, it may be wise to estimate these costs and balance them against the benefit from being positioned to furnish the �baby sitter� service.  The benefit may be calculated any number of ways but presumably includes the marketing advantage of being able to induce a fair number of members with young children into evening dining and other income-producing activities on a repetitive and frequent basis who otherwise may not be in the habit of using the club as frequently as they would if the service were available.  Careful tracking and follow up will be necessary to ensure that the sitters provided are only being used by the members involved to enable them to use the club�s facilities and not to dine or recreate elsewhere.  Otherwise, if the club is tax exempt there is a risk the club is engaged in nontraditional business and the whole purpose of the program is being thwarted.

Other considerations.  We are confident there may be other issues.  However, the foregoing at least should give club executives some inkling of the due diligence necessary if they really want to offer this service to their members.