[sac-board] Re: Waivers

Peter;

I know that EVAC is incorporated, at least I think you said that.

Is there a waiver signed by EVAC members?  How is it handled there?

Steve Coe


-----Original Message-----
From: sac-board-bounce@xxxxxxxxxxxxx =
[mailto:sac-board-bounce@xxxxxxxxxxxxx]
On Behalf Of Peter Argenziano
Sent: Wednesday, September 07, 2005 3:46 PM
To: SAC Board
Subject: [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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