John Kundert's Naturist Legacy Scrapbook

Naturist Legacy Inc. and its risk management

Prudent risk management contributed to Naturist Legacy's early success.

Risk management: (in business) the forecasting and evaluation of financial risks together with the identification of procedures to avoid or minimize their impact. (Oxford)

The board manages risk tolerance for the corporation. Risk tolerance describes the amount of risk that the organization is willing to assume. It has two key components: appetite for risk and capacity for risk. Risk management weighs potential opportunities against any adverse effects. There are essentially four ways to manage risk: avoidance, transferance, mitigation or acceptance.

This excerpt is from the "Naturist Legacy Inc. Business Fundamentals Guide" (PDF). I co-authored and edited this important document. It was published in February 2013.
You understand and agree that your use of Naturist Legacy Parkís grounds and facilities is at your own risk, and that you will not hold Naturist Legacy Inc., its directors, its officers, its volunteers or its members liable for any harm, damage, injury, loss or inconvenience whatsoever that you (or your children, if applicable) may suffer or sustain while on these premises. If applicable, you understand and agree that your children are your sole responsibility and must be under your direct supervision at all times. You understand and agree that you will be held personally liable for any damage to Naturist Legacy Park property resulting from your actions (or those of your children, if applicable). You understand and agree that Naturist Legacy Inc. assumes no responsibility for personal property brought onto or left on its premises.

This excerpt is from the "Naturist Legacy Registration Form" 2014 (PDF).
(a) No one may photograph another person or their identifiable property without that person's express permission.
(b) No one may photograph a person under the age of 18 under any circumstances.

This excerpt is from the "Naturist Legacy Park Standards And Policies" 2014 (PDF).
4.3 Criminal Record Checks
The screening of new prospects for membership is also a common practice among private clubs. While our nudist community strives to be welcoming, we nevertheless remain protective of our family-friendly environment. We work hard to ensure that Naturist Legacy Park will always be a safe place in which to responsibly enjoy our freedom as nudists. That's why we require all members to undergo a Criminal Record Check that includes a Vulnerable Sector Verification. While these background checks by themselves are not sufficient to protect our community from all possible risk of infiltration by undesirables, they nevertheless constitute an important part of our overall member screening process.

This excerpt is from the "Naturist Legacy Inc. Business Fundamentals Guide" (PDF). I co-authored and edited this important document. It was published in February 2013.
22.1 Disputes or controversies among members, directors, officers, committee members, or volunteers of the Corporation are as much as possible to be resolved according to mediation and/or arbitration according to this section.

22.2 In the event that a dispute or controversy among members, directors or officers of the Corporation arising out of or related to the Articles or this by-law, or out of any aspect of the operations of the Corporation is not resolved in private meetings between the parties, then without prejudice to or in any other way derogating from the rights of the members, directors or officers of the Corporation contained in the Articles, this by-law or the law, and as an alternative to the person instituting a law suit or legal action, the dispute or controversy will be settled by a process of dispute resolution as follows:

1. The dispute or controversy will first be submitted to a panel of mediators where the one party appoints one mediator, the other party appoints one mediator, and the two appointed mediators jointly appoint a third mediator. The three mediators will then meet with the parties in an attempt to mediate a resolution.

2. The number of mediators may be reduced from three to one or two upon agreement of the parties.

3. If the parties are not successful in resolving the dispute through mediation, then the parties agree that the dispute will be settled by arbitration before a single arbitrator, who will not be any one of the mediators referred to above, according to The Arbitration Act of Manitoba (C.C.S.M. c. A120) or as otherwise agreed upon by the parties to the dispute. The parties agree that all proceedings relating to arbitration will be kept confidential and there will be no disclosure of any kind. The arbitratorís decision will be final and binding and will not be subject to appeal on a question of fact, law or mixed fact and law.

4. All costs of the mediators appointed will be borne equally by the parties to the dispute or the controversy. All costs of the arbitrators appointed will be borne by the parties as may be determined by the arbitrators.

This excerpt is from the 2014 Naturist Legacy Inc. By-laws (PDF).
35. The corporation shall purchase and maintain Directors and Officers Insurance coverage for its directors and officers.

This excerpt is from the 2010 Naturist Legacy Inc. By-laws (PDF). Intact Insurance provided insurance coverage to Naturist Legacy Inc. and Naturist Legacy Park until 2019.
Directors and officers
Directors and officers liability insurance, also known as management liability insurance, covers damages involving wrongful acts committed in the discharge of your duties, including: negligence, misconduct, errors and omissions, breach of duty, misleading statements or any other act that could be held against you in your capacity as a director or officer. In the event of a lawsuit, this protection would cover legal fees to defend yourself.

Commercial property
This protection covers the physical assets of your business inside and out, including: buildings, inventory, electronics and equipment, as well as exterior fixtures (outdoor signs, fencing and landscaping, etc.).

Commercial general liability
Commercial general liability insurance protects you and your business against claims for bodily or personal injuries, advertising liability, as well as property damage to third parties arising from your operations or products or occurring on your business premises. If you were sued for any of those claims, this protection would cover legal costs to defend the claim against your business in court, as well as indemnity costs to cover damages to compensate third parties.

These excerpts are from the Intact Insurance website's Liability insurance and Property insurance pages as they appeared on April 21, 2020.

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John Kundert's Naturist Legacy Scrapbook