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26345Re: [SCA-Archery] waivers

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  • Carolus
    May 9, 2009
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      Note: this is specific to Caid and not to the Society as a whole. As
      James points out, check your local rules - they may have additional
      requirements.
      I will note, however that insurance requirements are set at society
      level, not Kingdom, thus while your kingdom may require specific
      conditions, they may not really matter in the event of a claim.

      Carolus

      At 10:47 AM 5/9/2009, you wrote:
      >With regard to (1), the Caid Seneschal's Handbook, 8th ed., p. 20,
      >states, however that a practice must be sponsored by an SCA branch,
      >registered with the group seneschal and publicized to at least to the
      >members of that branch and open to any of them to be insured.
      >Publication in a branch newsletter is one way of meeting the
      >"publicized" and invitational requirements and implies branch
      >sponsorship and seneschal approval, especially for regular practices
      >over an indefinite periods.
      >
      > James
      >
      >On May 9, 2009, at 9:15 AM, Carolus wrote:
      >
      > > 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 1) An event need not be published to be covered by insurance - all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!
      > >>>>
      > (<http://pr.atwola.com/promoclk/100126575x1221322931x1201367171/ao>>
      > l?redir=http://www.freecreditreport.com/pm/default.aspx?
      > >> sc=668072&hmpgID=115&bcd>http://pr.atwola.com/promoclk/
      > >> 100126575x1221322931x1201367171/aol?redir=http://
      > >> www.freecreditreport.com/pm/default.aspx?sc=668072&hmpgID=115&bcd
      > >>>> =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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      > >> Yahoo! Groups Links
      > >>
      > >>
      > >>
      > >>
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      > >> 05/08/09 11:43:00
      > >
      > >
      > >
      > > ------------------------------------
      > >
      > > --
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      > >
      > >
      > >
      >
      >
      >
      >------------------------------------
      >
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      >
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