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26343Re: [SCA-Archery] waivers

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  • Carolus
    May 9 9:15 AM
      Two items:
      1) An event need not be published to be covered by insurance - all
      SCA sponsored activities are covered. See the Seneschal's Handbook,
      pg 22 et al. This is a change from older rules
      2) The signing of a waiver cannot be used to imply liability. This
      is an urban myth. Waivers will not prevent lawsuits, they only make
      them easier to win. The waiver is similar to the informed consent
      form one signs at a doctor's office - is says you know the risks and
      accept them willingly. The only difference in having a waiver or not
      is that if no waiver is required it can be argued that the event
      organizer(s) knew of the danger and concealed it thus making it
      harder to win a suit.

      That said, when I ran archery for Caid I asked for corporate opinion
      and was told no waivers needed at archery practice.

      Carolus
      former Seneschal who reads the current handbooks


      At 02:29 AM 5/9/2009, you wrote:


      >Greetings
      >
      >----- Regarding waivers and sign-ins generally: in
      >the Midrealm, there is no requirement to use waivers at a simple practice,
      >and it isn't done, normally. Individual marshals at local practices can,
      >of course, use sign-in sheets, scorecards, waivers, whatever; there is no
      >requirement NOT to use them either; but generally I think folks would
      >think that sort of thing much more officious than need be for a simple
      >practice. Bear in mind that, as far as the overall SCA goes, a seperate
      >waiver for an archery range isn't required even for an event, which leads
      >to part two...
      >
      >----- Regarding Gladius' question about
      >insurance. If a practice is officially announced at a regular meeting,
      >and/or if it is published in a recognized Scadian publication such as a
      >local newsletter or whatnot, then the practice is regarded as an
      >"event", and insurance applies, I believe. And, other such
      >circumstances, the presence of a warranted marshal is required (if the
      >kingdom in which this takes places has recognized and warranted TAMs - I
      >think all kingdoms do, now, ne ce pas?). This is why, when I was
      >Archer-General, if someone came to me and said "there's a group of us
      >that would like to practice, but there are no marshals in our area, what
      >can we do?" I would advise them simply to go to someone's backyard or
      >a local range and practice to their hearts content - without involving the
      >SCA as such by announcing or advertising it in a formal sense within SCA
      >venues or media. So, the case that Gladius discusses (and by extension,
      >what Lorelei is getting at) is - a sign-in sheet does not create
      >liability. The presence of a warranted marshal does not create liability
      >as such. Requiring the signing of a waiver is a grey area, and could be
      >implied to apply a liability if you wanted to argue it. Standing up in a
      >regular meeting and announcing that you are going to hold a practice on
      >such-and-such a day, or publishing said info in your shire newsletter,
      >does create an official SCA venue, and under that circumstance, all
      >relevant kingdom and SCA Inc. regulations are in force.
      >
      >Nigel
      >
      >On Fri, May 8, 2009 11:51 pm, James Koch wrote:
      > > Gentlemen & Ladies,
      > > >
      > > I have a relevant
      >question. Given the case of someone like Lorelei
      > > who holds
      >practices on their own property, if they have participants
      > > sign
      >a waiver and have a marshal on hand to inspect equipment and run
      > >
      >the line, are these people covered by the SCA's insurance?
      > >
      > >
      > > Jim Koch "Gladius The Alchemist"
      > >
      > >
      > > >
      > >
      > >>Greetings Dalton,
      > >>
      > >>We have a regular archery practice at my home in
      >North Carolina -
      > >> Atlantia.
      > >>I maintain good
      >range safety, do bow inspections, and keep the
      > >>goofing-around
      >off the range (fair amount on the sidelines
      > >>*smile*).We do
      >keep track
      > >>of who was at practice, but we've never felt the
      >need for any kind of
      > >>waiver. I imagine from a liability
      >perspective, that might change if
      > >> someone
      > >>tripped, fell and tried to sue me for being a klutz.
      > >>
      > >>Lorelei
      > >>
      > >>
      > >>In a message dated 5/8/2009 6:56:19 P.M. Eastern Daylight
      >Time,
      > >><mailto:ice.tiger%40shaw.ca>ice.tiger@...
      >writes:
      > >>
      > >>Good day to the list,
      > >>We
      >are having a discussion in our area about waivers and sign in sheets
      > >>for archery practice. My question is, do you require either or
      >both for
      > >>archery practices in your home area? I am curious to
      >know how things
      > >>are done in
      > >>difeerent
      >areas/Kingdoms.
      > >>Dalton
      > >>
      > >>Lorelei
      > >>**************A Good Credit Score is 700 or Above. See yours in
      >just 2
      > >> easy
      > >>steps!
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      > >>=May5509AvgfooterNO115)
      > >>
      > >>[Non-text
      >portions of this message have been removed]
      > >>
      > >>
      > >
      > >
      > > [Non-text portions of this message have been
      >removed]
      > >
      > >
      >
      >
      >--
      >"Ausculta,
      >feminae novae in lacunis recumbens gladii dispensans non fundamentum pro
      >formula administrationis est."
      >-
      >http://web.raex.com/~obsidian/regindex.html
      >
      >
      >[Non-text portions of this message have been removed]
      >
      >
      >
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