Re: [Paddlewise] Leader Requirements

Jackie wrote;
(SNIP of leader/organizer discussion)

>I have a problem with being told I 
> will do whatever the leader/coordinator instructs (ambiguous) or I won't 
> be invited back.  As we have read here, there have been instances where
> some leaders/coordinators have lead the members into conditions where 
> they were not prepared.  I don't think the club can have it both ways... 

> insist the paddler is responsible for themselves yet demand that they 
> follow all instructions of the trip leader/coordinator.  I mentioned in 
> a previous message that I worry this wording may send a message to the 
> paddler that the leader is ultimately responsible for their own safety 
> rather than themselves.   

I believe this to be a valid statement. Once a club or anyone else sets
rules there is clear implication that that person or club has some
expertise in the activity. I believe the extent of one's yea or nay is that
you don't want to paddle with some one or suggestions regarding what you
might do or not do personally.  

> I think a possible valuable use of a waiver is that it can be the 
> springboard for educating paddlers about safety and ultimately being 
> responsible for their own safety, the best lesson a paddler can learn, 
> imho.  

If there is any real value to a waiver this may be it. It was said
elsewhere that an incorporated club will not be held liable for acts of
negligence by a member but I am not sure that is so hard and fast. My
experience with courts (limited to product liability and patent
infringement)  is that  there are no absolutes. Every judge and jury is
different and the law is rarely clear cut.

Once an organizer or club or leader says "thou shalt" the organizer becomes
a de facto authority figure and could be held responsible for all
subsequent actions. For this reason I don't use the club's waiver form. 


Cheers
John Winters
Redwing Designs
Specialists in Human Powered Watercraft
http://home.ican.net/~735769/


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