new waiver form............

[jmanjeff]

that was proposed to be used for each member to sign before they can have their bike judged.

What is it????
Please post a copy if you can't do that send it email or mail it to me and i will post for the members to see and be informed

[Robin-M]

AMCA JUDGING DISCLAIMER

The undersigned, a member in good standing of The Antique Motorcycle Club of America, Inc., a Florida corporation not for profit (“AMCA”), acknowledges that:

1. The AMCA has an established system for judging its members’ antique motorcycles, that is those motorcycles which are 35 years old or older. The established system has been set up solely for the use of AMCA members who preserve antique motorcycles as closely as possible to the respective factory standards as determined from time to time by the AMCA at its absolute, exclusive, and sole discretion, and for the purpose of accommodating the judging of its members’ antique motorcycles. The established system is not to be used by AMCA members or non-members to affect, determine, or influence the value of any antique motorcycle or for any other reason except as stated above.

2. The number of points and judging classification placed on a motorcycle by AMCA judges assigned to judge an antique motorcycle at a sanctioned AMCA event are in the best judgment of the judges who judge the motorcycle and is not an indication or a guarantee of the motorcycle’s completeness, correctness, or value when such is compared to the respective factory standard adopted by the AMCA and its judges.

3. Any member of the AMCA who applies to have an antique motorcycle judged under the AMCA established system for judging its members’ antique motorcycles, including the undersigned, acknowledges and agrees that the AMCA does not guarantee the accuracy or sufficiency of the judges’ determination and recognizes and understands that AMCA judges may often differ on the number of points and judging classification given to any antique motorcycle at any sanctioned AMCA event.

4. Any AMCA member, including the undersigned, who desires to sell an antique motorcycle which has been judged by AMCA judges at any sanctioned AMCA event acknowledges and agrees that the value of any antique motorcycle is determined solely by the willing seller and the willing buyer regardless of the number of points and/or judging classification given to an antique motorcycle under the AMCA established system for judging its members’ antique motorcycles.

5. The use of the AMCA’s established system for judging its members’ antique motorcycles by any person, whether an AMCA member or not, as stated above, is contrary to the purpose of the established system for judging, and therefore, the undersigned agrees to and shall hold the AMCA harmless and indemnify the AMCA from any liability whatsoever, including reasonable attorneys’ fees at both the trial and appellate levels, for the use of the AMCA established system for judging its members’ antique motorcycles in violation of this AMCA Judging Disclaimer.

6. The undersigned agrees that this AMCA Judging Disclaimer shall be governed by the laws of the State of Florida. The undersigned agrees that this AMCA Judging Disclaimer is intended to be as broad and inclusive as is permitted by the laws of the State of Florida and that if any portion is held invalid, the balance shall continue in full legal force and effect.

7. The undersigned agrees that in any action brought to enforce or to interpret this AMCA Judging Disclaimer, the prevailing party shall be entitled to recover his, hers, its, or their costs and reasonable attorneys’ fees, including, without limitation, attorneys’ fees incurred in connection with any appeal or certiorari proceeding and the sole and exclusive venue of any such action shall be in the circuit or county court of Polk County, Florida, or in the United States District Court for the judicial district in which Polk County, Florida, is or may be located. The undersigned renounces and waives any right to have any such controversy litigated in any other place whether pursuant to the doctrine of forum non conveniens or otherwise. The undersigned renounces and waives any right whatsoever to a trial by jury. For the purposes of the AMCA Judging Disclaimer, “any action brought to enforce or to interpret this AMCA Judging Disclaimer” shall be construed to mean litigation, arbitration, mediation, and any other legal or quasi-legal proceeding.

8. No antique motorcycle will be judged by the AMCA unless the AMCA member signed this AMCA Judging Disclaimer in the space provided below or by filing an electronic application for such judging, including this AMCA Judging Disclaimer, on the official AMCA website.

___________________________________
AMCA Member AMCA #

___________________________________
Print Name of Member

Date:_______________________________

[exeric]

Lawyers wreck everything. Now they've contaminated my hobby.

[Edd]

. The undersigned agrees that this AMCA Judging Disclaimer shall be governed by the laws of the State of Florida.

So now you have to know the laws in Florida.............

I would think if you are going to have a desclaimer it would mention SOMETHING about any damage that could happen to the bike while parked in the judging field. But I guess that is not what this is all about. Just POINTS.

RUSMOW

Ed

[joestuff]

As far as I know, nobody has yet been asked to sign the form. I wonder if someone sued over points, or if there is fear that it will happen someday. The only issue I have with the form is the "right to trial by jury". While one can wave constitutional rights...one should not, nor be asked to.

The right to trial by jury in a civil case is addressed by the 7th Amendment, which provides: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

[Robin-M]

Hi Everyone,

The second version of the the new judging disclaimer has been posted and is being discussed in the Parking Lot Chatter section of this forum.

Thank you,
Robin

[Paps]

. The undersigned agrees that this AMCA Judging Disclaimer shall be governed by the laws of the State of Florida.

So now you have to know the laws in Florida.............

I would think if you are going to have a desclaimer it would mention SOMETHING about any damage that could happen to the bike while parked in the judging field. But I guess that is not what this is all about. Just POINTS.

RUSMOW

Ed

Don't you worry none. The state identification will change as location of meets change. Now ya gotta know all the states laws.

[kval]

Don't you worry none. The state identification will change as location of meets change. Now ya gotta know all the states laws.

Paps
not to worry, I think the only reason it list Florida law is because the corporation is listed as a Florida corporation

[fillibuster]

Paps
not to worry, I think the only reason it list Florida law is because the corporation is listed as a Florida corporation

Richard's explanation of the rules states that one cannot advertise (or state privately?) that his for-sale machine has won amca awards, is that correct? I cannot believe that all would comply. #4 also develops the "threat" of litigation costs (thru subrogation?) for he who does advertise, and draws claims against the amca.
I'll never be a for-profit builder, but if my kids have to sell my stuff to buy a coffin (or the fuel to burn me) they'll need best buck, and a pedigree would make the diff we're talking about. It's a tough call, kval.

[jmanjeff]

Phil
I called Pete Reeves on this one Here in this post but all i got was his smoke and mirrors answer as he see's it, but not the legal answer .