Good argument jon except that I don't promote the
enforcement of any such dealings. Never have I said that the club would engage in any kind of arbitration between the two parties.
The purpose of the waiver is to preclude litigation in amounts of money greater than most sport flyers have to shell out, and limit the person being sued, if it comes to that, to $1000 payout maximum.
As I said, this would be a condition of using the facilities.
It's business as usual in the event of an accident. The two parties come to an agreement (hopefully) and all's well thereafter.
The waiver is no more than a document that states that Joe Blow agreed to limit his losses to $1000 or below in exchange for membership priviledges, and all that comes with it.
Nowhere did I ever state that the club would engage in any arbitration, or enforcement of any kind.
In fact, I stated in the other thread that the document would simply be kept on file. This is the only responsibility that the club has. If two members find they need to go to court to settle a dispute, then, and only then would this waiver be used.
One last note. There's nothing that says, nor do I suggest, that if the person "responsible" has the ability to replace the model entirely, that they do not do so.
It all comes down to the two parties involved in the end.