[sac-board] Re: Place Whining about Waivers Here

What does the Amendment to add Waiver to the Constitution Mean?

What this amendment means is that decision to use a waiver for club
events is being given to the board of directors.  So instead of requiring
a vote to use a waiver for each event, the board may choose the events
it's required.  Currently the board's prevailing thought is to use waiver
at the Messier Marathon.  There is also thoughts about using it at all
star parties, but the only formal discussion on this has been against it.

Will this prevent all votes on waivers?

Probably not.  If waivers are added to the constitution, opponents to the
waiver can still call for a vote to forbid their use on a case-by-case
basis.  It's hoped that the majority of this debate can take place at
board meetings rather than lecture meetings.

Can the waiver be enforced?

If someone wants to spite SAC and attend a club event for which he
refuses to sign the waiver, there is not much SAC can do other than
document the incident and hope nothing happens at the event.  In the eyes
of SAC's constitution, all people attending who have not signed the
release are not participants.  If that person is a SAC member, he will be
dropped from the club's membership.  For the marathon, non-participating
means no awards.

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The following stretches beyond the amendment to what we are trying to do
with the waiver:

What does the waiver do?

Please note:  I am not a lawyer and this summary is my opinion formed by
reading between the lines from SAC's lawyer.  Please consult a lawyer if
you want to verify or refute this summary.

My current thoughts on the marathon's waiver, or liability release, is
that it protects the provider of the site from incidents that may occur
at the event.  If you went out by yourself to a remote site that you
owned and something happened.  Your only recourse would be to file a
claim on your own medical or homeowners insurance or live with the loss.
If there was someone with you, you'd have deal with it between the two of
you if the other person was the cause.  This is pretty much the same
result we hope for using the waiver at the marathon.  Providing the site
becomes a non-issue to any incident that may occur.

        -Paul

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