7242Re: [Adria-Umbria] Arbitration/Mediation
- Jan 24, 2014The garage sale where the chattel goods were sold, wasn't an adria sponsored event to my knowledge.
Sent from my iPhone
On Jan 24, 2014, at 12:59 PM, "James Sheppard" <saintuspuck@...> wrote:
Discussion regarding Arbitration/Mediation – Once again I am not a lawyer or an expert. The judge will make his ruling on this in the court but this is my opinion on the matter which I am allowed to voice as it will be my opinion on the vote I cast.
From our Membership form:
I, (print legal name), as a condition of membership in ADRIA, do hereby agree to release, indemnify and hold harmless ADRIA, its agents and assigns from any and all claims, including claims for property damage, injury, death, mental or emotional distress I may receive by reason of participation in martial arts or other activities or events sponsored or arranged by Adria. I am fully aware that ADRIA activities are potentially dangerous and can result in serious harm. I understand that ADRIA does NOT provide any insurance coverage for my person or my property. I acknowledge that I am responsible for my safety and my own health care needs, and for the protection of my property. In consideration of my being permitted to take part in these activities, I agree to follow all ADRIA rules or directions of ADRIA officials regarding equipment, participation or personal safety and voluntarily accept all risks associated therewith.
Should any disputes arise from my participation in any ADRIA sponsored activity, I agree to work through the internal dispute resolution procedures of ADRIA. If these procedures do not lead to the resolution of the dispute, I agree to submit it to a board for binding arbitration and to abide by the decisions reached by such a board. The arbitration may take place wherever the parties mutually agree, but will be in Phoenix, Arizona if they do not agree otherwise, and in any case, the laws of the state of Arizona will apply.
THE UNDERSIGNED AFFIRMS THAT HE OR SHE HAS READ AND UNDERSTOOD THIS STATEMENT, AND AGREES THAT THIS IS A WAIVER OF ALL CLAIMS ARISING FROMPARTICIPATIONIN EVENTS SPONSORED BY ADRIA TO THE EXTENT PERMITTED BY LAW.
This is what we sign when we join stating we will use our internal resolution means and if that fails go to Arbitration if the issue arises at an Adria sponsored activity.
The Adrian Empire with two named individuals is being sued in civil court for slander/libel (defamation of character) that happened both at Adria sponsored activities and outside of those activities. Therefore it would seem that we can be sued without Arbitration being met. Once again this is my opinion by reading what is written on our membership form.
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