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Re: [SCA-Archery] Re: New range

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  • Brad Boda d'Aylward
    Subject: [SCA-Archery] Re: New range ... Check with a lawyer. Our waivers realy aren t all that much protection in a court of law unlwss they are notorized at
    Message 1 of 24 , May 3 8:50 PM
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      Subject: [SCA-Archery] Re: New range


      >The SCA has a specific waiver its lawyers have created. It is required
      >by the BOD for any "Official" activity such as a practice. It would be
      >available from your local lists officer or Seneschal. Check with your
      >local Seneschal about the issue of minors' waivers and medical releases.
      >These issues are tricky and are covered in the Organizational Handbook.
      >I'd go over them but they're way to detailed for an email discussion.
      >In service to the dream,
      >Carolus von Eulenhorst
      >Also a Seneschal but speaking unofficially
      >eulenhorst@...
      >


      Check with a lawyer. Our waivers realy aren't all that much protection in a
      court of law unlwss they are notorized at the time of signing.

      Brad
    • Mark Hendershott
      ... Notarization is not a silver bullet for possible legal problems. All it is is proof the person signing is properly identified and act voluntarily. The
      Message 2 of 24 , May 3 10:01 PM
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        At 11:50 PM 5/3/2001 -0400, you wrote:
        >Subject: [SCA-Archery] Re: New range
        >
        >
        > >The SCA has a specific waiver its lawyers have created. It is required
        > >by the BOD for any "Official" activity such as a practice. It would be
        > >available from your local lists officer or Seneschal. Check with your
        > >local Seneschal about the issue of minors' waivers and medical releases.
        > >These issues are tricky and are covered in the Organizational Handbook.
        > >I'd go over them but they're way to detailed for an email discussion.
        > >In service to the dream,
        > >Carolus von Eulenhorst
        > >Also a Seneschal but speaking unofficially
        > >eulenhorst@...
        > >
        >
        >
        >Check with a lawyer. Our waivers realy aren't all that much protection in a
        >court of law unlwss they are notorized at the time of signing.
        >
        >Brad

        Notarization is not a silver bullet for possible legal problems. All it is
        is proof the person signing is properly identified and act
        voluntarily. The actual effects vary from one jurisdiction to another.

        Simon

        Mark Hendershott, Oregon Lawyer
      • Carolus von Eulenhorst
        Actually, in themselves waivers are no protection, notorized or not. In this case they need to be witnessed by someone who can testify to the fact that the
        Message 3 of 24 , May 3 10:36 PM
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          Actually, in themselves waivers are no protection, notorized or not. In
          this case they need to be witnessed by someone who can testify to the
          fact that the person involved is the person who signed (whether they
          signed their correct name is moot). We have this. Notorization is
          certification of the identity of the signer when the signer is not
          present, i.e. a minor's paperwork at a war without his parents. The
          waiver serves no purpose to prevent (or protect us from) lawsuits. They
          are evidence of "informed consent"; i.e. "you knew the job was dangerous
          when you took it". This allows us to provide a defense that the person
          knew what he was doing. The big difficulty with using various random and
          scattered waivers is that it makes it very difficult for the SCA to
          establish a defense. I'll let the lawyers battle out the details but
          these are the pricinples.
          In service to the dream,
          Carolus von Eulenhorst
          eulenhorst@...

          On Thu, 3 May 2001 23:50:44 -0400 "Brad Boda d'Aylward"
          <bradb@...> writes:
          >Subject: [SCA-Archery] Re: New range
          >
          >
          >>The SCA has a specific waiver its lawyers have created. It is
          >required
          >>by the BOD for any "Official" activity such as a practice. It would
          >be
          >>available from your local lists officer or Seneschal. Check with
          >your
          >>local Seneschal about the issue of minors' waivers and medical
          >releases.
          >>These issues are tricky and are covered in the Organizational
          >Handbook.
          >>I'd go over them but they're way to detailed for an email discussion.
          >>In service to the dream,
          >>Carolus von Eulenhorst
          >>Also a Seneschal but speaking unofficially
          >>eulenhorst@...
          >>
          >
          >
          >Check with a lawyer. Our waivers realy aren't all that much protection
          >in a
          >court of law unlwss they are notorized at the time of signing.
          >
          >Brad
          >
          >
          >---8<---------------------------------------------
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        • psobaka@myriad.net
          Realy not even that. There is a lawyer in truble with the bar here in Texas becouse his sectary had relative notarize her sig as the lawyers. Don t even what
          Message 4 of 24 , May 6 5:21 AM
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            Realy not even that. There is a lawyer in truble with the bar here in Texas
            becouse his sectary had relative notarize her sig as the lawyers. Don't even
            what to go where this is going.
            >
            >Notarization is not a silver bullet for possible legal problems. All it is
            >is proof the person signing is properly identified and act
            >voluntarily. The actual effects vary from one jurisdiction to another.
            >
            >Simon
            >
            >Mark Hendershott, Oregon Lawyer
            >
            Plachoya Sobaka insignificant archer; Ravens Fort, Kingdom of Ansteorra
          • Mark Hendershott
            ... Precisely why places more enlightened than Texas require the notary to keep records including the identification requested of the customer. We can t
            Message 5 of 24 , May 6 10:34 AM
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              At 07:21 AM 5/6/2001 -0500, you wrote:
              >Realy not even that. There is a lawyer in truble with the bar here in Texas
              >becouse his sectary had relative notarize her sig as the lawyers. Don't even
              >what to go where this is going.

              Precisely why places more enlightened than Texas require the notary to keep
              records including the identification requested of the customer. We can't
              prevent all fraud but we can make it harder to accomplish.

              This discussion has now strayed far from archery. I'm through.

              Simon
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