Talk:2012-13 Fundraising Agreement (CH)
Legal Comments
edit- The following discussion is closed. Please do not modify it. Subsequent comments should be made in a new section. A summary of the conclusions reached follows.
- This conversation precedes the final agreement of the document. Please begin new sections for future conversations. Thank you. --Maggie Dennis (WMF) (talk) 18:51, 27 June 2012 (UTC)
The WMCH agreement has been modified to remove the references to other Chapters and to include the specific requirements related to WMCH. Otherwise, the modifications made to the Master agreement and several changes requested by the other Chapters have also been incorporated for consistency and fairness. The automatic renewal that is included in other chapter agreements is not being offered to WMCH since it is unclear of the Chapter's ability to meet the requirements of the agreement. The only other change was the reversion of the amount of insurance required. The CFA has requested the insurance amounts be $500,000 to address the risks. Frederic, please feel free to provide comments here, or I have requested a meeting for Tuesday or Wednesday next week to discuss directly. Kkay (talk) 07:29, 14 June 2012 (UTC)
- What do you mean by "it is unclear of the Chapter's ability to meet the requirements of the agreement" ??? Whatever it is, it should not be a problem if the renewal was automatic, provided by the requirements are still met. Schutz (talk) 13:34, 14 June 2012 (UTC)
- Here are some others comment, mostly from our lawyer:
- "Fundraiser process"
- 1: we won't be able to actively start testing on 15 June, so would like to push that until a bit later (when our employee is able to work on that, probably just after Wikimania).
- 7: according to Swiss law, any such appeal would have to be "opt-in". So it is certain that we would opt-out here, for the sake of Swiss donors, and would suggest to make the opt-out option the default.
- "Chapter obligations":
- 1. This seems very extreme, and could lead to termination of the agreement due to a technicalities or a small mistake. We suggest: " Failure to fulfill 2011/12 agreement obligations by September 1, 2012, will terminate this agreement if the Chapter fails to correct such failure within two months following written notice specifying such failure".
- 2. The way the article is written indicates a subordination of the chapter to the WM board of trustees, as we would have to comply with any determination they make. This means a higher risk for the WMF. In general, we suggest to remove all open lists ("including...") in the agreement, to remove incertainties about documents that do not exist yet.
- "Other legal considerations":
- 10: this is definitively too broad: basically, the ED can just say "the agreement is terminated", and it would be terminated -- it is difficult to accept. Can you propose something else or should we do it ?
This is it for now ! Schutz (talk) 13:34, 14 June 2012 (UTC)
- The above discussion is preserved as an archive. Please do not modify it. Subsequent comments should be made in a new section.