signing your rights away - Page 1

I just read my membership renewal card. With all the turmoil about the
Johannes Amendment and the no membership in competing GSD organizations clause
(paragraph two) We all seemed to have missed the first paragraph on the renewal
card
> > >
> > > "1 ANY disagreements related to my membership with the United States
Scutzhund Clubs of America will be IRREVOCABLY settled by arbitration using the
American Arbitration Association and its rules. In order to simplify issues, I
and the United Schuzhund Clubs of America agree that the maximum arbitral (sic)
award shall be equal to and not greater than membership dues and any
contributions I have made by this application (I'm not sure what this refers
to?) This amount is defined as liquidated damages. Both myself and the United
Schutzhund Clubs of America agree that this binding arbitration EXCEPT in states
that prohibit such clauses"
> > > (emphasis added)
> > >
> > > So, not only are you being told what organizations you can belong to
you're also being asked to waive ALL your legal rights if anything unexpected
occurs. You visit the new Field of Dreams (or the current offices) and you fall
down the stairs or get struck by lightening or shot by a disgruntled employee or
? What happens if a UScA officer defames you by telling your employer you're a
liar and thief?
> > > Too bad :-(
> > > If the BOI illegally and improperly decides against Matt. If he signed
> > > this membership renewal he has no recourse for getting his deposit back or
if I read this clause right no legal remedy?????
> > > Don't look to UScA (or their insurer?) for help. If you're lucky you'll
get your dues back. Why would anyone bother with arbitration if the maximum
award is less then $100? I wonder what States prohibit
> > > open ended waiver of rights like this?

Looks like the next person that want's to recover their losses gets to find out. There was some previous discussion about how the right to sue is not really necessary, issues never come up. Not really. It happens to both organizations and both have taken similar steps to protect themselves. I believe the WDA rules (Article VII as I recall) are in review as we speak.

The problems usually arise from a misinterpretation or misapplication of the rules. They are so complicated. This can cause thousands of dollars in loss to participants. As the waiver is written now your first obstacle will be to overcome the agreement you signed saying your recovery is limited to your membership fees.

Arbitration using the American Arbitration Association is very pricey. These guys are not free.