National Law
Committee

Joining Forces with Others
for Boating Safety

Since the United States Power Squadrons is recognized as a premier boating safety organization, it is an attractive potential partner for other boating promotions. This is an excellent opportunity for squadrons or districts to join forces with other groups. Care must be taken in determining what relationships are appropriate.

Favorable possible affiliations may include:

1. governmental entities (i.e., states, counties, municipalities, school districts);
2. commercial interests (marinas, insurers, manufacturers, dealers, chambers of commerce); or
3. not-for-profit organizations (youth groups, service clubs, community entities or other safety-oriented bodies).

As USPS aims to promote boating safety by education as well as enhance positive Power Squadron visibility, certain affiliations or joint projects may well be advantageous to both the Squadron (or District) and the partner. Care must be taken, especially with commercial groups. While a marina dealer or community group may participate in sponsoring a USPS boating course or event, under no circumstances can the Squadron appear to endorse, sponsor or control the affiliate or any of its products or services. All entities must be treated equally so that not even the appearance of endorsement occurs.

Because of the appeal of Power Squadron affiliation, outside groups may become overenthusiastic in their portrayal of the relationship. The squadron and its leadership must determine whether it wants to share the headlines with the affiliate group and its leadership. While most groups have noble goals, they may have leaders that project an image USPS does not want to associate with.

Calls for legislative or regulatory action by affiliated groups need special attention should they appear to be lobbying. National approval needs to be granted for these efforts and they must be in keeping with Power Squadron policy.

Control of the message being advocated and the nature of the affiliation needs Power Squadron control and input. Without it, the squadron may get, in the eyes of the public, affiliated with a group or message at cross purposes with their own.

Commercial entities have their own potential for trouble. The money affiliation offers is a dangerous opiate. Once cash starts flowing in, a squadron may have trouble living without the funds. Care must be taken to prevent the appearance of the company being "Power Squadron approved."

Squadron or District Commanders and/or SEO's should review any and all written agreements, memos or promotional material to ascertain that there is no appearance of sponsorship, endorsement or control by USPS. These documents frequently are prepared by the hosting group's lawyers. There is nothing wrong with this, but it must be remembered that they are looking after their own interests, which may not be the Power Squadron's.

Should an affiliate or host organization present a written contract or agreement for signature, be sure to refer any such document to your squadron or district law officer. Frequently, these agreements contain certain serious liability apportionment in innocent appearing language. Particularly look out for the following terms involving liability:

• Hold Harmless
• Indemnity or Indemnification
• Also Insured or Co-insured
• Individual or Joint and Several Liability

Any documentation with these or similar terms should be referred to your law officer prior to signature.

USPS does NOT discourage joining forces to support the aims of boating safety and USPS visibility. Groups with similar or complimentary missions such as the Coast Guard Auxiliary provide excellent opportunities for joining forces to promote mutually beneficial goals. Businesses offer a good potential for funding special projects or programs. However, each arrangement should be reviewed for potential liability exposure by your law officer before action is taken.