[sac-board] Re: Star Party Liability
- From: Peter Argenziano <president@xxxxxxxxxxxxxxxxxxxxxxx>
- To: sac-board@xxxxxxxxxxxxx
- Date: Mon, 07 Jun 2004 07:56:13 -0700
Allow me to elaborate on this issue.
I think (I could be wrong) that having a published policy may help in
removing the club from a position of liability. If attendees find out
about a star party via a web page, and the verbiage on the page
indicates that said attendees participate at their own risk, I don't see
a basis for liability. Add to that point that the events are loosely
structured, i.e. no advance registration is necessary, no one
(especially the sponsoring club) is making a profit from the event, and
anyone can just show up and I think you have avoided liability. Given
the circumstances, I don't see how the club is in any more of a position
of responsibility than any particular attendee. This observation is
based specifically on the Messier Marathon and All-Arizona star parties.
With regards to insurance, we have a schedule of locations in our policy
(places where we normally have events). This doesn't add any additional
cost and specifically identifies known locations.
We also have certificates of insurance, as they are required by the
Maricopa County Community College District (MCCCD) and the Salt River
Pima Maricopa Indian Community (SRPMIC) - our meetings are held at
Scottsdale Community College, which is part of MCCCD and located on
SRPMIC land. The certificates just specify that we have insurance in an
amount satisfactory to our host. I don't know if it would be applicable
to have one that specifies a particular site.
And lastly, I'll add this: the site for the two events mentioned earlier
is Farnsworth Ranch, but Ray doesn't own the property. It is leased in
10-year increments, but I don't know the lessor... possibly BLM? Ray
told me at the 2003 MM event that he had just renewed for another 10
years, and that we were welcome throughout that period.
Since I missed the original meeting, I also missed the context of this
discussion. Will the MM event be 'blowing up'? ;-) That is, will this
event be heading the way of a large-scale event?
All things considered, it probably wouldn't hurt to get real Perry Mason
type advice, from a real lawyer. I'll bet there are some within our
memberships. If not, it could be a few dollars well spent.
Peter
Thad Robosson wrote:
>Well, that is someplace to start. Do we have something similar in
>force? I think the more that we make it
>known that these events are at a person's "own risk", the better it will
>be for us should anything ever come of
>it. Of course, let's see what we can find out about an actual
>disclaimer form and insurance.
>
>Thad
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