[Steppes] Fwd: [Elfsea] Possible problem with waivers and youth authorization

[Michelle Dodd]

>From: "Richard Threlkeld" <rjt at softwareinnovation.com>
>Reply-To: Barony of Elfsea <elfsea at ansteorra.org>
>To: "Elfsea" <elfsea at ansteorra.org>
>Subject: [Elfsea] Possible problem with waivers and youth authorization
>Date: Thu, 19 Jun 2003 11:51:22 -0500
>
>Normally, I would not copy this to everyone in Elfsea, but there is an
>interesting problem mentioned here. If a fighter practice or other event
>is advertised in local, regional, kingdom, ... newsletter or *email
>list*, then it falls under the waiver signing requirements. And the way
>it is mentioned herein implies that all household functions, if
>mentioned in an SCA associated email list, would be covered. "Business
>meetings, demos, guild meetings, dance practices, or planning sessions
>are specifically excluded from these provisions." The Wednesday night
>practice, for instance, should probably do waivers because it is often
>mentioned in the Elfsea list.
>
>Furthermore, this appears to change the way we do minor authorizations
>in a way that makes it difficult or impossible to do. "The marshal who
>authorizes a minor person for any form of SCA combat-related activity
>must be the Kingdom Earl Marshal or the Principality Marshal. This need
>not be the same person as the witnessing marshal."
>
>In service,
>Caelin on Andrede
>
>-----Original Message-----
>From: announcements-admin at sca.org [mailto:announcements-admin at sca.org]
>On Behalf Of Baron, Meg
>Sent: Thursday, June 19, 2003 10:28 AM
>To: 'announcements at sca.org'
>Subject: [Announcements] regarding waivers
>
>
>Greetings to the officers and members of the SCA:
>
>It has come to my attention that there is a vast amount of
>misinformation around the Society concerning waivers and waiver policy.
>The purpose of my letter to you today is to do what I can to clear up
>these misconceptions. Please note that the following is the minimum
>required by the SCA Inc.; individual Kingdoms may impose more stringent
>requirements at their discretion.
>
>I believe everyone is aware that individuals attending events must
>either present a membership card demonstrating proof that a signed
>waiver is on file at the SCA Member Services office (a "blue card",
>referred to as a "waiver card" in the SCA Governing Documents), or they
>must sign a waiver at the gate. I am fairly confident that this
>procedure is being followed at most if not all events. Bravo to all!
>
>WAIVERS AT FIGHTER PRACTICES
>
>Many people seem to be unaware that the waiver policy also applies at
>SCA fighter practices. Here is a quote from SCA Corporate Policies (a
>part of the Governing Documents of the SCA, which can be found online at
>www.sca.org or ordered from the Stock Clerk), section VI:
>
>"A.	Anyone attending any event sponsored by a branch of the SCA Inc.
>who
>is not able to present a valid SCA Inc. waiver card must execute a
>waiver as
>follows:
>1.	All US Branches: must execute a waiver with the text adopted by
>the
>Board of Directors at each such event, practice or function
>2.	All non-US Branches
>a.	must execute a waiver with the text adopted by the Board of
>Directors at each such event, practice or function, OR
>b.	must use a country-specific waiver that has been approved by the
>US
>Board of Directors, OR
>c.	must submit to the US Board of Directors a letter of legal
>opinion
>stating that the waiver requirement is not necessary in that particular
>country.
>
>B.	The text of all waivers must be the language approved by the
>Board
>of Directors for waiver usage, subject to individual modern
>jurisdictional requirements. Such alternative texts must be approved by
>the Board of Directors prior to usage. Roster style waivers are
>acceptable providing that the full text of the waiver language is
>included.
>
>C.	An event, for the purposes of this section only, is defined as
>any
>recreation function announced in either the branch, Kingdom, or
>Principality newsletter. Business meetings, demos, guild meetings, dance
>practices, or planning sessions are specifically excluded from these
>provisions. Combat or Fighter practices are not excluded and waivers
>must be collected from those actively participating in the combat
>related activities at such practices.
>
>Any function at which combat related activities will occur fall under
>the auspices of this waiver policy, regardless of what other activities
>may be occurring at the function. If there is a doubt about whether a
>specific function falls under this policy, the Kingdom Seneschal is
>directly empowered by the Board to make that determination and report
>same in their next regularly scheduled report." (end quote)
>
>Please take special note of section C. All participants in
>combat-related activities must either present a valid
>membership-with-waiver card ("blue
>card") or sign a waiver at any SCA-sponsored activity, be it an event or
>a practice. No exceptions!!
>
>What constitutes an SCA-sponsored activity? If a practice is listed in
>the local, principality, or Kingdom newsletter, clearly that is an
>SCA-sponsored activity. This would also apply if the event is advertised
>through other commonly recognized means, such as the branch email list,
>especially if the group is a small one and does not have a newsletter.
>
>If a household or individual decides to hold a practice in someone's
>back yard, and they do not advertise it through an SCA medium, then it
>is not an SCA-sponsored activity and the waiver policy above does not
>apply. Note also that, in such a case, the SCA's insurance does not
>cover that activity.
>
>WAIVERS FOR MINORS
>
>Minors who are members and have a blue card of their very own NEED NOT
>have a new waiver signed for them at every event (unless otherwise
>specified by Kingdom Law or policy). Their parent or guardian signed a
>waiver when they sent in their membership, and it is on file.  For
>combat participation by minors (for those Kingdoms which permit persons
>under age 18 to participate), some special rules apply, as stated in
>Corporate Policies section V.A.3:
>
>"Prior to the training of a minor in any SCA combat-related activity,
>the parent or guardian of the minor must witness the activity, discuss
>it with a witnessing marshal, and execute a Waiver for the minor. The
>witnessing marshal must be explicitly authorized to perform this
>function by the Earl Marshal of the kingdom. The marshal who authorizes
>a minor person for any form of SCA combat-related activity must be the
>Kingdom Earl Marshal or the Principality Marshal. This need not be the
>same person as the witnessing marshal."
>
>Section V.A.4 is also important:
>
>"Any minor involved in SCA combat-related activities at an event MUST
>have a parent or properly-executed Medical Authorization Form for Minors
>designating some adult person present at the event as able to authorize
>medical treatment for that minor in the case of any emergency."
>
>Note that a Medical Authorization form is NOT the same thing as a
>Waiver. Consult your Kingdom Seneschal for more information.
>
>WAIVER STORAGE
>
>Another question that has come up is that of what should be done with
>the waivers from events and fighter practices. This is also addressed in
>SCA Corporate Policies, section VI:
>
>"E.  Each Kingdom shall have a single responsible officer ("Waiver
>Secretary") as a deputy to the Kingdom Seneschal to ensure that all
>required waivers, rosters, and sign-in sheets are collected and safely
>stored within a reasonable time after each event. The Waiver Secretary
>shall ensure that waivers for each event can be located and provided to
>the appropriate officials in the event a specific waiver is required.
>
>Each Kingdom shall store all original executed waivers, rosters, and
>sign-in sheets, or legally accepted facsimiles, in such a manner that a
>responsible party can easily retrieve any needed waiver.
>
>F.  Local groups need not maintain copies of these records. Kingdoms
>shall maintain the adult waivers for seven years and the minor waivers
>for 20 years."
>
>If you are unsure about waiver storage procedures in your Kingdom,
>please consult your Kingdom Seneschal.
>
>IN CONCLUSION
>
>Why do we have this policy? The waivers serve to protect us all in the
>event of a lawsuit resulting from SCA activities. Contrary to popular
>belief, the waivers are NOT worthless - they have now stood up in Court,
>or stopped a potential lawsuit from getting as far as a Court, on
>several occasions. Legal advice has indicated that waivers are probably
>even more important at fighter practices than at events.
>
>Requiring waivers at fighter practices is not a new policy. It has been
>in effect for as long as there has been a waiver policy. It is very
>important that it be enforced at all levels, in all Kingdoms.
>(International groups - please consult with your Kingdom Seneschal to
>see whether waivers are required, or whether a variance has been granted
>in accordance with Corporate Policies VI.A.2., quoted above.) It is not
>difficult to do; it is currently being done in many areas, ranging from
>small Shire practices to enormous Kingdom practices.
>
>Seneschals and marshals - please ensure that this policy is enforced in
>your group! It is vitally important that these rules be followed.
>
>If you have questions concerning this policy, or need advice on
>implementation procedures, please consult your Kingdom Seneschal. I
>would also be happy to answer any questions.
>
>In service,
>
>Meg Baron
>President, SCA Inc.
>
>Permission to cross-post and publish is hereby granted as long as the
>article is reprinted in full Comments are strongly encouraged and can be
>sent to:
>SCA Inc.
>Box 360789
>Milpitas,  CA 95036
>
>You may also email comments at sca.org or reply to this message.
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