[sac-board] Re: Waivers

While I remain Swiss on the subject myself, I can see why some would
support the use of waivers and some would oppose their use. I am
unconvinced that they would offer any real protection to the club. That
being said, I'd probably sign one if it was required to attend the
Marathon. I am interested in what courts in this state have decided when
waivers were used. I came across the following, which offer a little
insight into this area.
Litigation brought before the Az Supreme Court on appeal (Charles Phelps v.
Firebird Raceway)
http://www.supreme.state.az.us/opin/pdf2005/CV040114PR.pdf

Litigation brought before Maricopa County Superior Court on appeal (Lindsay
and Lindsay v. Cave Creek Outfitters)
http://www.cofad1.state.az.us/opinionfiles/CV/CV020375.pdf

Liability concepts and definitions (from NAU)
http://www.prm.nau.edu/prm383/liability.htm

I think we could all speculate on the pros and cons of waivers and/or
releases without ever reaching consensus. Some organizations that sponsor
events that comprise activities that are inherently dangerous (bicycling,
mountaineering, hiking, motor sports) use liability waivers. Does an
astronomy club fit into this classification?

Perhaps we should retain legal counsel. I would think that a concise list
of a dozen or so questions could be handled by a local attorney (with
experience in this area) in an hour or so of billable time. Just a thought.

Peter

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