2021059_TML_Manual_ENT_KidsTeens_21_online

1.3. SUPERVISORY DUTIES AND
LEGAL ASPECTS
General information relating to supervisory
duties:
During the programs you automatically take over the
supervisory duties for children and teenagers. Liability
exclusion is not possible. Declarations of consent and
registration forms will not exempt from the supervisory
duties, however they are proof for a responsible handling
of afore mentioned and thus are essential.
Transferring the supervisory duty from the primary
carers (parents) to the entertainer is confirmed with
the registration form. Differentiation between Minis,
Kids, Youngsters and Teens is required.
Supervisory duty includes the following
aspects:
1. Do not create any dangers yourself
2. Remove any existing dangers
3. A preventive instruction and warning relating to
potential risks that cannot be removed.
4. Supervisory shall be appropriate to the situation
and the child /children
5. Interference from case to case
This specifically means: Do not create any dangers for
those to be supervised!
Supervisory duty includes two protective
purposes:
n Protection of those needing supervision (child), in
order to prevent that it hurts itself or will be hurt by
third parties.
n Protection of the community, in order to protect
third parties from any harm that might be caused
by the children.
Playing on a playground with unsecured play equipment
or playing hide and seek directly on the beach are
examples for negligent behaviour.
n One needs to be able to realise and assess foreseeable
dangers and undertake all reasonable efforts in
order to avert damage.
n The particularities of the local environment need to
be known, including safety of building and grounds,
emergency exits, safety of play equipment, first aid
material etc.
n Depending on the age, stage of development,
characteristics and personal condition of the child
the corresponding risks that might occur related to
the individual event need to be discussed once or
several times with the children and you need to
make sure that the children understand it.
n The kids entertainer always need to be informed
about personal conditions of the children – swimmer
or non -swimmer, allergies, illnesses, handicaps,
physical skills etc. (directly stated in the registration
form)
n The Kids Club entertainer needs to know at all times
where the children entrusted to them are.
n Keep the overview of the amount of children participating
(i.e. determine with the children, that they
inform you before they leave, when they do not
wish to participate in the program anymore, i.e.
by giving a high five.) Should the parents of a kid
(7−12 years) do not want that the child walks by
itself through the club grounds (see registration
form), have a special look at this child.
n For special events, mainly outside the hotel facility,
parents need to give their explicit approval for the
participation of their children in this event (see form
written approval)
n The amount of supervisors will be increased for
beach events for the Mini group (maximum 10 children
for 1 entertainer). Events outside the hotel can
only be offered for kids only if the amount of supervisors
can be granted and risks can be excluded.
Please confirm with entertainment manager / supervisor
– who might consult with the head office. In
TUI MAGIC LIFE we are not allowed to offer Events
outside the hotel except our Teens Mountainbike
Tour.
Control questions referring to supervisory
duty:
1. Do I have sufficient information, where the children
entrusted to me are?
2. Did I take sufficient precautions in order to protect
the children?
3. Did I do everything in order to prevent any damage?
This means, a changing situation has to be reassessed
and the control questions need to be asked again.
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Kids & Teens Club Manual