adamversus Posted July 13, 2012 Share Posted July 13, 2012 Does anyone know if liability clauses exist in member contracts? For instance, since Teal Sound folded do they have an actual liability for un-rendered service to members, or is there a "hold harmless" clause that removes their responsibility? At face value (not understanding Florida contract law), I'd think there might be a bunch of outstanding legal issues not-typical of a 501©3 situation. Based on what seems to be emerging from various reports - there might be significant exposure to both the corps and DCI on this. Any legal dudes out there that know? Quote Link to comment Share on other sites More sharing options...
maestro! Posted July 14, 2012 Share Posted July 14, 2012 I'm not a legal expert, but I do know that each organization has their own set of contracts for their participating members. So, in reality, the question might be, which corps, if any, have the liability clause in their Member Contract? With something like that, I don't think it is a blanket clause that would automatically apply to all organizations, rather, up to each one whether or not something like that exists. But I may be wrong! Quote Link to comment Share on other sites More sharing options...
whitedawn Posted July 14, 2012 Share Posted July 14, 2012 I've never seen such a clause in a member contract. That said, if a corps does go home mid-tour, there probably isn't any liquidity available to pay damages, anyway. Also, other creditors would probably balk at such an arrangement if it meant that they would essentially come in 151st in the race to claim bankruptcy proceeds. Quote Link to comment Share on other sites More sharing options...
mcjordansc Posted July 14, 2012 Share Posted July 14, 2012 Hold out for an old horn and a couple practice flags. 1 Quote Link to comment Share on other sites More sharing options...
garner63077 Posted July 14, 2012 Share Posted July 14, 2012 if i was a battery member who probably couldn't get a spot with another corps i'd have truck waiting and i would have a marimba and vibes which would be equal to tour fee's. Maybe a drum because it's probably a fact this corps won't be back.. 1 Quote Link to comment Share on other sites More sharing options...
Shadowtron Posted July 14, 2012 Share Posted July 14, 2012 Happened to stumble upon Teal's contract for 2012 here: http://www.tealsound.org/Site/Tuition_Info_files/895CBABC-1517-8A12-D9FA14B089513DFF.pdf States that if you end tour on your terms, there are no refunds, but there are exceptions for being injured. I think Section 1 leaves the door open a bit "Tuition includes 65 nights, 65 days of meals, 500 hours of instruction" which was not received. What does one of our resident lawyers think? 2 Quote Link to comment Share on other sites More sharing options...
fsubone Posted July 14, 2012 Share Posted July 14, 2012 Probably no kind of clause like that. Especially because if they did end tour because they didn't have money to continue, how are they going to pay the kids back? Can't pay them with money they don't have, they're not the US Treasury. Quote Link to comment Share on other sites More sharing options...
whitedawn Posted July 14, 2012 Share Posted July 14, 2012 What does one of our resident lawyers think? This is the most poorly drafted contract I've ever seen, and I've seen some doozies. Also, how is the tuition $2000, when six payments of $400 are due? Quote Link to comment Share on other sites More sharing options...
fsubone Posted July 14, 2012 Share Posted July 14, 2012 This is the most poorly drafted contract I've ever seen, and I've seen some doozies. Also, how is the tuition $2000, when six payments of $400 are due? Maybe camp fees are thrown in as well? I know some corps keep those separate from the actual tuition Quote Link to comment Share on other sites More sharing options...
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