[WEB4LIB] Re: Commercial web-based service looking for
Jim Barrentine
jkb at ix.netcom.com
Fri Aug 25 16:07:51 EDT 2000
At 10:53 AM 08/25/2000 -0700, you wrote:
>NO FRIGGIN WAY! The waiver for people who answer questions states that
>the person answering the question will INDEMNIFY AskAnything for any
>problems or lawsuits that result from the work they do. Not only NO, but
>HELL NO! (Since when does an employer ask you to indemnify THEM?)
>
>ROFLMAO!
>
>Norman Howden, PhD
>Assistant Dean, Educational Resources
>214-860-2176
First, I have no connection to Ask Anything and had never heard of them
until the original post. However, the indemnification clause in their
contract is fairly standard (and a lot less onerous than some I have
seen). The key here is that the experts who answer questions are NOT Ask
Anything employees - they are independent contractors.
Consider the following scenario: You ask Ask Anything a question on
adjusting the brakes on your car. The answer you get from an Ask Anything
expert is wrong, but you don't know that. You take the advice, adjust your
brakes according to the information you got, and your wife and kids are
killed in an accident because of it. You're going to sue everybody in
sight, including Ask Anything. The Ask Anything indemnification clause
says that the expert agrees that, in such and event, it is he the expert
who is liable and not Ask Anywhere. Seems reasonable to me.
Ask your employer for a copy of the indemnification language they use when
hiring a contractor. I'll bet it's a lot tougher than the Ask Anywhere
language.
James K. Barrentine
Information Partners, Inc.
Technology Solutions for Libraries
2697 Euclid Hts. Blvd. Suite 3
Cleveland, OH 44106-2828
216-371-2415 (voice)
216-932-4980 (fax)
mailto:jkb at ix.netcom.com
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