Installfest thoughts

echin edward.chin-rieW9WUcm8FFJ04o6PK0Fg at public.gmane.org
Wed Aug 31 00:19:23 UTC 2005


1)	If I understand your concern correctly, you are worried about the liability 
that Colin McGregor might incur.	
My concern is that GTAlug and all the volunteers (including Colin McGregor) 
are covered.	
	
2)	As an officer of GTAlug, it is my responsibility to protect the interests of 
GTAlug to the best of my ability.

3)	The GTAlug Installfest Release Form was prepared based on the form at 
http://ldp.rtin.bz/HOWTO/html_single/Installfest-HOWTO/

which is part of The Linux Documentation Project.
	
Added detail came from the Victoria Linux User Group 
http://distributions.linux.com/howtos/Installfest-HOWTO/legalprotection.shtml
	
and the Kitchener-Waterloo Linux User Group
http://www.thinkers.org/kwlug/waiver.php
	
	
4)	It may be noted that the Seneca College version,
http://linux.senecac.on.ca/survey.html
although brief, would probably suffice.

5)	To respond to the question of checking by a local lawyer, I trusted KWLUG and 
Seneca College.(A mistake, perhaps?)
As to a review of the release/waiver, I posted a link on 10 Aug 05 to the 
mailing list - well before 26 Aug 05.
	
6)	With regards to multiple release/waiver forms, the more; the better. 
Personally, I would like to have every version, I could find, signed. Then there 
might be less likelihood that there could be a claim that all the 
release/waivers were not understood.

7)	Since the GTAlug Installfest Release Form was prepared and printed by 18 Aug 
05(see mailing list)well before Colin McGregor prepared his 26 Aug 05 version, 
it might imply that Mr. McGregor has less confidence in the GTAlug or any other 
version.
Also, there was NEVER any suggestion that Mr. McGregor nor any volunteer could 
not have their own personal waiver form.
NOR was there any suggestion that volunteers (we are all volunteers) could not 
take steps to indemnify themselves.
To suggest that GTAlug or any of its members would expose volunteers or anyone 
to liability is a very unworthy comment to make.
It is an insulting and libelous lie.



Colin McGregor wrote:
> Eddie, 
> 
> The attached does not answer my central concern. At
> the Install Fest there were two release forms present,
> one of which was checked by a local lawyer then
> offered to this list for inspection by anyone who was
> interested. The other release form was NOT checked by
> a local lawyer, was NOT offered to the volunteers so
> those that were interested to review the form. The
> second form was just dropped on us and was used to
> cover up the checked release form.
> 
> Now, let us consider a "nightmare" scenario. Several
> people come in, they sign the not checked form, then
> something goes wrong with their computers. We then
> find out the not checked form has a flaw in the
> wording (something that does not apply in Ontario), so
> the people can and then do sue. Ok, so as volunteers
> and GTAlug is looking at tens of thousands of dollars
> in compensation and/or legal fees.
> 
> In other words what happened on Saturday was insane on
> several levels as:
> - It potentially exposes us (volunteers and GTAlug) to
>   unnecessary legal liability.
> - If Centennial noticed (and I hope they didn't) it
>   makes us look like we don't have our act together
>   with 2 release forms.
> - It make me feel like the executive views me with
>   contempt as I am not trusted to do things right.
> 
> Now, if the executive wants to tell volunteers up
> front we would like you to put in a lot of hours work
> performing task X and along the way we will:
> - Expose you to $10,000+ dollars worth of liability
>   and we will not let you take steps to limit that
>   liability.
> - Try to make you look like an ass in front of people
>   who you would like to respect you.
> - Treat you with contempt.
> 
> Then fine, volunteers might consider the above
> (granted I would not consider it for long or
> seriously, but there are others who may be more
> charitable).
> 
> Colin McGregor
> 
> --- echin <edward.chin-rieW9WUcm8FFJ04o6PK0Fg at public.gmane.org> wrote:
> 
> 
>>Colin McGregor wrote:
>>
>>
>>>Other concerns, who speaks for GTALUG? 
>>
>>Excellent question!
>>
>>The simple answer is the Board of Directors, their
>>designated representatives, 
>>and/or responsible employees. (No, we don't have
>>employees - we are still a 
>>volunteer driven group!)
>>
>>However, this question does lead us to the important
>>issue of how our voices may 
>>be heard. As most of us now know, GTAlug is an
>>incorporated non-profit 
>>organization chartered in the province of Ontario
>>and bound by the laws 
>>gouverning that province. Well, Good News!
>>
>>This September, at the regular meeting, we will be
>>holding our first Annual 
>>General Meeting (AGM) to elect the Board of
>>Directors. Details from the Election 
>>Committee should be forthcoming to the voting
>>members, soon.
>>
>>Now is the time, for everyone interested, to become
>>a voting member and to run 
>>for office.(You aren't really required to run for
>>office.) Parties interested 
>>will be able to join up until the call for
>>elections.
>>The annual Membership fee is: $20 Voting;  $10
>>Student
>>A special Membership Offering this year will enable
>>those joining now to be 
>>eligible to vote/run in two elections as all
>>memberships expire in September.
>>
>>We encourage everyone to come, be heard, to run, to
>>participate and contribute 
>>to making our group an example for the Linux
>>community. We would especially like 
>>to have those with some accounting or legal
>>experience to join us.
>>
>>Thanks for the question, Colin!
> 
> 
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> 


-- 
"...when you have eliminated the impossible, whatever
remains, however improbable, must be the truth..."

			              Sherlock Holmes


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