[MR] making the SCA corporation safe via policies, procedures, etc.

[David Wendelken]

I've been thinking about our corporate philosophy when it comes to avoiding
legal liability.

I'm not a lawyer, and I would be interested in hearing from trained lawyers
on the following points.

For example, we keep adding more and more requirements for our marshallate
to follow.
More training classes, more paperwork tracking, more rules and laws to
follow.

When I sign my waiver, I sign it based upon the accepted policies, rules,
etc.
I have a reasonable expectation that the SCA will follow its rules, and
therefore I'm willing to waive certain rights, based upon my good and
informed judgment.

But, there seems to be a flaw in this whole concept.

The flaw is that we're just a bunch of amateurs.  We're never going to be
able, as an organization, to follow all the rules we define.  The more rules
we have, the more likely we are to fail to follow them correctly.

And, if we don't follow our own rules, then waivers signed in the knowledge
and belief that we will follow them may not be as valid as we would like
them to be.

It's like planting mines in our playground - sooner or later we'll step on
one.

Would a different concept, based upon a waiver with wording somewhat like
the following example, hold up equally well (or better) in a court of law?

"I understand that I am about to participate in unusual activities that will
be run and participated in by a bunch of amateurs.  I understand that at any
given day, one or more of my fellow participants may be an idiot, a moron,
or just plain thoughtless or ignorant, and that they may or may not follow
the rules as they should be followed.  As a result, I may be injured or
killed.  Taking my life and health into my own hands, I am willing to
participate under these conditions, and I release the SCA and its officers
from any liability."

Or, one like the following:

"I understand that I am leaving my children in the care of people I may or
may not know well.  I understand that the SCA is not in the business of
babysitting my children, or safeguarding them from those who would harm
them, and only publicizes the fact that individuals have volunteered to
watch over them at SCA events as a convenience for its members.  Therefore,
taking full responsibility for my decision to leave my children in someone
else's care at an SCA event, I release the SCA and its officers from any
liability."