With the school year winding down, many schools are in the process of getting ready to open or run summer camp programs at their facilities. Below are checklists of issues to consider when running these summer camp programs.
The following checklists are general advice only. Please consult legal counsel should you have specific questions about these issues.
□ Clear communication to parents of school students that the school does not operate the summer camp
□ School’s contract with the Camp Operator includes the following essential provisions:
□ Clear description of premises
□ Description of the lease by the school of any equipment or furniture
□ Indemnification provision
□ Termination for convenience
□ Criminal background checks and tuberculosis risk assessments by Camp Operator of camp staff
□ Camp Operator compliance with all applicable local, state, and federal laws, regulations, and orders, including those related to COVID-19
□ Camp Operator compliance with all applicable school COVID-19 policies, protocols, and procedures
□ Payment terms
□ Use restrictions and rules
□ Insurance by Camp Operator naming the school as additional insured:
o Third Party policies to be primary
o School’s insurance to be non-contributory
o Third Party policies to provide endorsement waiving rights of subrogation against the school
□ Provisions addressing camp’s use of school’s name/logo
□ Marketing/Advertising of camp
□ Provision that Camp employees are not jointly employed by the school. Joint employment is determined when:
o The school directly or indirectly exercises control over wages, hours, or working conditions of the camp’s staff. This includes setting rates and negotiating summer camp staff’s rates of pay, authority to hire and fire, and supervising camp staff.
o Provision ensuring that Camp Operator does not hire independent contractors.
□ Use individualized waivers and releases for COVID-19 and activities posing a heightened risk of injury, including hiking, horseback riding, swimming, and off-campus field trips (e.g., trips to the beach)
□ Obtain essential forms such as emergency contacts, authorization for medical treatment in emergencies, and authorization to administer medications
□ Independent Contractors – confirm classification as an independent contractor is appropriate. Factors that must be met are:
□ The worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;
□ The worker performs work that is outside the usual course of the hiring entity’s business; and
□ The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity
□ Determine whether California and Federal laws relating to organized camps may apply
□ Camp employees must:
□ Pass criminal background checks; and
□ Complete tuberculosis risk assessments before they begin work
□ Work permits for employees who are minors
□ Volunteers and interns – confirm worker has categorized appropriately. A few key rules:
□ Employees may not volunteer for services similar to those they are paid to perform during the school year
□ Volunteers may only receive nominal compensation
□ Volunteers should sign volunteer agreements clearly stating they have no expectation to be compensated for services
□ Evaluate wage and hour compliance for camp staff (i.e., if the camp is overnight, determine whether camp staff need to be paid for on-call time when they are sleeping
□ Mandated Reporter training for camp staff