[sac-board] Re: Waivers

Coincidentally EVAC has also decided that 2005 is the year of the waiver. I
must say that EVAC's version was drafted, voted upon and implemented
without nearly as much thought or discussion as is the case with SAC. That
is not meant in a positive or negative sense, just an objective
observation. As a result, the EVAC waiver is short, quite generic, and
therefore probably very easily dismissed in litigation. Just my opinion. 
EVAC requires all members to have a signed waiver on file, and that one
waiver applies to all events for the life of the membership.

Personally, I see the type of amateur astronomy that is practiced at star
parties as having a very low risk factor, when compared to activities like
mountain biking, sky diving or participating in a triathalon. Liability
waivers seem to offer protection to the sponsoring organizations of events
like those three. That's probably why they use them, because there is
exposure for those organizations and historical evidence of their need. I'm
not sure the same test could be applied to star parties. Additionally, the
types of injuries that could occur at a star party will most likely not be
of a nature that the club (as an entity) could have acted to prevent
(thereby avoiding the issue of gross negligence). If Billy Bob trips over
Eugene's tripod and injures himself, any legal proceedings would be between
the two individuals anyway. Likewise if a physical confrontation erupted
between two attendees over the correct PA of NGC 4631.

Just as a point of clarification, my 'research' into star parties revealed
that the majority do not require waivers. Most use a registration process
and charge fees, but do not make mention of a waiver. Texas seemed to be
the exception, as Okie-Tex and Texas Star Party both require them.
Actually, TSP's waiver was the basis for EVAC's waiver.

Speaking personally, I don't see myself as 'stupid' for signing a waiver,
as I don't believe I'm signing any of my rights away. If I was injured by
consequence of the club's negligence (I'm not sure what that even means) I
think a decent lawyer could navigate past a waiver, if I was inclined to
seek leagl recourse.

I like the way SAC is approaching the use of waivers, by amending its C&B
to allow for their use if the current governing body sees fit. This allows
the club the freedom to make the decision at any point in time without
having to engage in further amending of the bylaws.

Peter  

-----Original Message-----
From: sac-board-bounce@xxxxxxxxxxxxx
[mailto:sac-board-bounce@xxxxxxxxxxxxx] On Behalf Of Steve Coe
Sent: Thursday, September 08, 2005 2:17 AM
To: sac-board@xxxxxxxxxxxxx
Subject: [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

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