Jeffrey Macko writes:
>Has the idea of an Annual Waiver been considered?
Jeffrey, you've raised a question that requires a timely explanation, for
the benefit all, of the waiver process.
We had considerable conversation concerning the waiver "problem" at the
1-21-03 Steering Committee (SC) meeting. I'm not a legal expert in this or
any other area but, here's my simple-minded understanding for needing the
signed waiver.
It's an insurance requirement that we, SFR SCCA, have accepted, and that
requirement is to have the waiver signed at each and every event by all
persons on-site at the event. We stipulate, when we apply (and pay a
premium) for each event's insurance certificate that we will have the waiver
signed by all persons on-site.
The purpose of the waiver is to eliminate/reduce SCCA's liability in the
event of an incident. To make this legal technique work, it's necessary to
have the consent from ALL folks on-site that they are, in a sense, waiving
their right to sue in the event of an incident regardless of responsibility
for the incident.
For SCCA members there is an amount (varies with type of membership) of
insurance to protect the member in the event of injury. However, when
signing the waiver, an individual, technically, surrenders his/her right to
hold SCCA (and it's members) responsible (by suit) in the event of a loss.
For all non-members there is no insurance coverage in the event of a
loss-causing incident.
Accordingly, it is necessary, not only to have waivers signed by
competitors/SCCA members but, it's possibly even more critical to have all
other on-site persons, also, sign the waiver.
In order to accomplish this objective, we (the SC) are, again, emphasizing
the importance of "waivering" all on-site persons.
At the "entrance" to each event site we will require waiver-signing by all
folks entering the site.
However, since we don't, at most sites, have total fenced control of the
site, there will be other persons/spectators gaining access to the site in
ways that, un-intentionally, avoid the waiver-signing.
Finally, it is the responsibility of each member, in the interest of
protecting the integrity of our insurance program, to be observent for those
folks not wearing a wrist band attesting to their having signed the waiver.
When noting the absence of a wrist band, we each should take the
responsibility to, politely, "challenge" that person. If a wrist band (on
the wrist) is not produced the individual(s) should be taken to and
requested to sign the waiver. In addition to the plan for having the site
entrance "manned" for waiver signing, other waiver forms will remain at the
registration table throughout the day's event.
In the unlikely event that an individual(s) declines to sign the waiver
he/she/they should be asked to leave the site. If compliance with this
request is not forthcomming, the member should contact the on-duty safety
steward who can enforce our requirement.
Don
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