Liability for toys?

[PlaygroupWoe]

I'm on the committee for a village playgroup which runs biweekly in the village hall. We have a storeroom of toys and equipment like chairs and tables.

The church in the village would like to borrow our toys and equipment for use in their own playgroup at the village hall.

Can any of you tell me whether our playgroup would have liability for any accident/injury that occurs at their playgroup, using our equipment?

(I have asked our insurers and am awaiting their reply. I am impatient though!)

TIA

Would it not make more sense for you to run the group 3 times per week but they provide all the volunteers on their day and hand subs over to committee?

IANAL

Will they be paying to hire your toys?

And will they be taking out insurance?

I used to run a playgroup (16 years ago though) and the church did borrow our toys BUT they had a written agreement to do so (including that they were responsible for checking the toys as they got them out) and I had sight of their insurance policy.

I'd also be making sure that you have some sort of agreement as to who will pay if a toy gets broken whilst they are using it.

The bottom line is that you're doing them a huge favour, so they need to ensure that they (and by extension, you) are covered in event of any accidents.

I would get an agreement drafted up that they are liable for any breakages of the equipment or injuries etc sustained whilst using them.

I would think very carefully about this arrangement.

You are rightly thinking of insurance but what about wear and tear and who pays to replace them? Presumably you have fund raised or accepted donations to provide the toys you have. If they are being used more often there will be more chances of them being broken or damaged. My experience tends to suggest that people don’t value items they aren’t paying for so there is a risk that the toys won’t be looked after.

Even if they are there will be responsibility for cleaning and what happens when the toys just get too old and worn out will your group be expected to provide all the replacements/new toys for ever ?
What if toys go missing between your sessions and theirs?
Similarly with your other equipment - things do wear out and need replacing - what’s the understanding with the church about damages and replacement?
Is this a new group? If not do they have any toys and equipment and could they all be pooled and the best items cherry picked and old worn out stuff binned?
If they are suggesting a genuine sharing arrangement then it would make sense as both groups can pool resources , share costs etc but if they are just expecting to use all your group’s equipment with no reciprocation then I would be wary.

I think I would prefer not to do this. The playgroup is not associated with any religion, and I would not like to deter people by having it linked to the church?

There is a new vicar and the other day he popped in and sat in the baby corner trying to make conversation. If I was a new mum I would feel very uncomfortable!

^that was in reply to @RandomMess !

There was talk about a one off donation, for a temporary trial period which they say if their group is successful (they have tried to start one at the church before and it failed).

I am not sure about their insurance yet.

Your points are helpful, because they validate my gut feeling thank you.

Now to convince the rest of the committee who seem blast about it all!

Thank you. Is this something we can do ourselves or would it need a lawyer?

Yes, a totally new group, with no resources.

They are talking about making a donation, but I don't think it is very wise long term.

So tricky to navigate when we are just trying to provide a service to the community, but at the end if the day, someone has to take the responsibility for it all!

Well if your committee is very keen then you may only be able to set some boundaries in place
ie

• they organise their own insurance and provide a copy of policy to your group


• they agree to replace or repair any broken or lost items during the arrangement and to return all items at the end of the loan period.


• any special/ expensive/ hard to replace items (agree a list) are excluded


• agree a trial period (say 3 months) to revisit the arrangement to see if it’s is working out and there will be an expectation the church will be self sufficient within an agreed period (a year at the most preferably less)


• your group can terminate the arrangement at any time if there are any significant issues or concerns


• no sharing of other resources or funds etc

Thanks, @Berthatydfil.

That is a very helpful list, thank you so much.