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Tommikka

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Everything posted by Tommikka

  1. Either they are purely a troll account or they are serious
  2. On a legal basis within the UK, businesses with employees are legally required to have employers liability insurance. Specific types of business / professions have requirements under their regulatory bodies - which may or may not be a legal requirement, or may be the terms of that industries/professions regulatory body. e.g. professional indemnity. The skirmisher defence under the VCRA/statutory instrument requires the venues that qualify the players skirmisher status to have third party liability insurance. There could be other insurance covering things such as the premises, equipment and the scope of the insurance may cover the location and/or specific activities & events.. I would expect a site to have as a minimum to have both employers liability and third party liability insurance. But there may not be a legal requirement for them both. The UKARA requires site members to have public liability insurance. In paintball I know more about the UKPSF as a governing body which only accredits sites that meet their 'code of practice' criteria which includes public liability insurance, levels of staffing, first aid, risk assessments etc. As an event organiser TFD are a team who have run events over the years, we don't own a site and run in collaboration with the sites we have used. The UKPSF added us as a special category as they recognised our events. We were listed in a specific manner to illustrate that they recognised TFD events run on UKPSF accredited venues. This afforded us the 'benefit' that UKPSF member players were also covered by the members personal liability insurance. We aren't connected with the UKARA, but have run our airsoft games at Ironsight who are UKARA accredited. (I'm less familiar with airsoft, which is why I became a member here and leave the airsoft specifics to the site and our guys who know more) The waiver that you sign at a site, (Could be a combination of a form signed at every game and/or when signing up for membership), is an acknowledgement that you are aware of the types of activities and your responsibilities. 'Waiver/disclaimer' aren't ideal names, it does not remove anyone from their responsibilities or liabilities. The contents of the form should cover the relevant mitigations of risk assessments. Our first event was a number of firsts - our first event, the sites first non-rental game, and also the first UKSPC event which was a new group of scenario organisers. This brought in challenges to check on insurance and the requirements of us, the site, the UKPSF, UKPSC and the insurers and to re-write the disclaimer/waiver which was orientated around rental players and unsuitable for an own gunner event. We were able to change some of the rules - e.g. permitting own gunners to keep their guns in the safe zone (made safe, barrel blocked etc) Its normal for players to self fill air at events, and rental sites may have processes / insurance that only permit staff to fill site bottles. One of the UKSPC criteria required air safety training and we were able to run the safety course and issue cards, the insurance permitted staff to fill non site bottles but did not permit players to self fill. We ran the safety course, issued cards and then operated the air system for the players. (we even ran a bottle swap system and players were willing give us their own bottles swapped for site bottles leaving them in the battle, with us bringing the filled bottles back - that was hard work!!!!) At a later date the site changed their risk assessments & mitigations and allowed for self fills under the insurance. Site third public liability insurance covers the site / business from claims raised by a customer or other third party for damage to property, injury, medical costs, loss of earnings and the PLI pays for legal costs, compensation etc for damage. (All dependant on the actual policy) Waiver/disclaimer the waiver is often used as data collection, and used for future marketing etc. This should be detailed on the form. As an agreement it will cover basic rules, such as whether you are only permitted to use site gear, BBs, pyro, whether you can bring & use your own, etc, that you are aware of what activity is happening, that you acknowledge your responsibilities etc (I've seen events that have failed to have a suitable waiver where they made players sign the sites standard rental waiver but use their own gear) Personal insurance You may get your own insurance. The UKPSF provide player insurance which gives additional cover such as 3rd party liability for anything caused by the player/their equipment and medical/loss of earnings cover. I have other personal insurance and my employers terms of employment give me much better cover so I would never be able to claim. Originally there was one level of UKPSF player membership, and all of the fees went to the insurance premiums rather than to the UKPSF. They later added multiple levels, with insured and uninsured. I changed my membership to uninsured which means my fee goes into the UKPSF rather than paying an insurance premium which I could not claim against. COVID The OP orginally posted up before that they intended to create their own 'off world' site in a disused property, and were given advice. This thread might mean that they have gone ahead with something but on an outdoors basis. They don't appear to be fully aware of all of the issues of running a site or events if they cannot see the reasons why sites are closed. Games can be run - but they need to be run in a safe manner for the activities and in a safe manner for the current COVID situation. Theres a reason why sites have not reopened yet
  3. Simple possibly - but as Longshot pointed out 6 years ago, the UKARA system was designed to protect retailers from prosecution under the VCRA (The UKARA are the UKs Airsoft Retailers Association) It was the UKARA who acted when the act was just a bill and managed to have the skirmisher defence added. The UKARA player scheme is the system that they came up with. In effect a player establishes skirmisher status at one UKARA site. The UKARA and sites have not felt the need to enhance the scheme for playing at different sites. Players are welcome to do so and can play wherever they like or join as many sites as they wish. Sites typically maintain a player as a member and on the register if they remain a site member and continue to play into the next year etc Its not compulsory under the VCRA to use the UKARA, but that’s the most commonly recognised scheme. Sites could collaborate, but for faith in a system then there would be a need to verify the card and share the information. Any data collected needs to be controlled and have transparency, any sharing then has to be declared and controlled. Without control and validation it becomes an untrusted process and a retailer selling a RIF based on untrusted documentation is then facing a considerable fine under the VCRA
  4. You can buy air rifles & air pistols that ‘look’ like real guns. In the eyes of the law they are not RIFs as under firearms legislation an air rifle/air pistol is a low powered air weapon. It’s a firearm that doesn’t require a FAC, therefore the VCRA does not apply. If it is over revised legal requirements of an airsoft gun then technically it is a firearm / low powered air weapon. If buying in the UK its up to the seller if they are willing to sell on the basis of it being a firearm / low power air weapon or that they may be at risk of falling under the VCRA as a RIF which would make them liable to a £1000-£2000 fine for selling to a buyer without a defence. If importing then it’s up to you to convince customs The VCRA is an anti chav law to reduce lookalike RIFs in the hands of those who don’t meet the criteria selected for defences
  5. The part about site fills was just whether you’d need convincing to go to a 13ci from a 48ci, or if you didn’t have site fills and needed extra air etc I can’t think back for certain - but a MOLLE MP5 pouch should fit a 13ci, and would fit one column of MOLLE. I’ve used them for paintball pods, which is tight at first, and I’m sure I’ve put my 13ci in one before. (I prefer to lose the remote line and use the bottle on the gun to avoid tangling etc) There’s also the option to make a skeleton strap bottle holder for a 13ci. Two or three horizontal strap loops and one vertical strap to secure it
  6. What cylinder are you using and do you have air fills on site? A 13ci 3000psi cylinder is easier than a 48ci cylinder to accommodate on a vest etc
  7. No. She worked out that I’m a paintballer who does stuff with airsofters
  8. On a different tack, but it appears that something was ‘mis heard’ ...... I help out with friends who trade at shows, and was at Olympia comicon a coupe of weeks ago. I gave some additional customer service helping a lady choose a couple of gifts, then taking card payment I offered her the opportunity to have a text or email receipt ... and of course let her know that personal data was not kept by us, her phone number was going into the PayPal machine only, and that PayPal May retain it for future payments but we don’t. If she wants to be kept in touch then to like us on Facebook .... as I enter her phone number, I show the screen to confirm it’s right and also show that I haven’t ticked ‘save customer details’ .... and as her phone beeps with the incoming text, she walks away with a glint in her eye and says “Oh, you could ‘accidentally call ..... name... later” ..... No I can’t - like us on Facebook like I told you to
  9. Much as I like to hate mesh and recommend people use full face goggles, plus my ignorance of ‘mag flash’ and only having just looked them up ........ The issue here appears to be magflash
  10. Or you could weigh a BB, (or a number of BBs and divide the weight by the quantity which allows for sensitivity of the scales), and use an airsoft chronographs built in functions
  11. I’m not going to say that it’s OK for you to end up in possession of a RIF If someone gifts you a RIF then that’s between them and you If it is legal under the VCRA for you to paint an IF into a RIF then it’s fine for you to do so If it’s a crime but you don’t get caught then you have got away with it. An entirely legal way would be for your father to go playing with you, earn his own UKARA membership, and then buy you a RIF as a present
  12. ‘Defence’ is not you defending from prosecution, eg in court. If a player buys a RIF then that player does so under the skirmisher defence. But it is the retailer who would be liable under legislation if the player does not have the defence That means a retailer might need to go to court one day and defend themselves from prosecution, establishing that their ‘Legal defence’ is that they reasonably ensured that the buyer had a VCRA ‘defence’ implying that they intended to use the RIF for skirmishing. In modifying then you are the individual who could be liable for prosecution and could need to prove your legal defence of your skirmisher defence The site manager won’t care. The greater risk is to come to the attention of the police One way to start defending your position is to not tell people that you are painting it
  13. The VCRA governs Realistic Imitation Firearms. A defence in this context is the valid reason for purchasing, importing, manufacturing (or modifying) a RIF Defences in the core legislation are for museums, theatre, film and TV, reenactment etc Airsoft skirmishing was added by ‘statutory instrument’, the UKARA scheme was brought in to establish and document a players status as a skirmisher. But you are underage and cannot obtain that defence yourself. Arguably you could claim that your intent is only to paint your IFs into RIFs for the purpose of airsoft skirmishing at established insured sites, and you may be technically be within the law. But you also could fail to do so in which case you would be committing an offence under the VCRA. (Note that the original drafts of the bill had repainting an IF into a RIF as an explicit offence just by doing so. It isn’t as black and white now)
  14. If your father had a Defence then he could gift you RIFs You can paint your two tone that is wearing off - but should paint in the bright colours as specified in the VCRA to retain their IF status. If you paint them black then you are modifying an IF into a RIF, and don’t have a Defence to back yourself up.
  15. I’m supposed to the the one who suggests frangible BBs containing some form of marking gel substance to resolve the bouncing BB cheating argument I like the suggestions of a solution to measuring energy as opposed to velocity, or the need to select a BB weight for the chronograph which will then convert velocity to give you an energy reading. The legal requirement is based on the energy as it leaves the barrel. Thus we measure at the muzzle velocity and either have a FPS limit based on the assumed balls mass, or set the weight and go for the energy level. A ‘pendulum’ has the issue that you are measuring the impact energy at a given distance from the barrel, so if the impact is at the legal limit, then you still have an excessive energy level at the point of the barrel.
  16. It is a bit of a headache. As the probable original idea of an alternative to selling at the desired price, by encouraging a greater number of people to chance it, the theory is there. But depending on circumstances of the actual item and its value, then less risky (not getting enough contenders, legal headaches etc) and simplest option is just to offer up for sale.
  17. Very little, they are effectively the same thing. The winner being governed by the bonus ball number drawn on TV in the national lottery, from a random number generator or pulling a ticket out. All of these are a form of gambling with winner as a result of chance. The other factor is how people are able to enter: Is it a restricted audience due to the workplace, members club etc? Is it open to the general public, but only within a specific event (location and date etc)? What is the scale? What legislation is applicable? (Even within the UK there are different acts on gambling depending on the constituent country. Are the organisers licenced or registered? Are entries / tickets sold? Are they free but another cost is required, such as door entry? A bonus ball/raffle on an Internet forum is unlikely to qualify.
  18. This would be seen as gambling and unless licenced or within specific criteria is likely to be illegal. https://www.gamblingcommission.gov.uk/PDF/Organising-small-lotteries.pdf A prize competition would be legal, but it would be up to the forum admins/moderators as to whether it complied with forum rules Bonus ball lotteries don’t comply with prize competition requirements https://www.gamblingcommission.gov.uk/for-the-public/Safer-gambling/Consumer-guides/Running-prize-competitions-and-free-draws.aspx
  19. You therefore don’t have a defence under the VCRA as you are purchasing without the intent to skirmish On an administrative basis, retailers would believe you do have an intent to skirmish if you provide your UKARA details Alternatively ..... what @SgtTalbert said
  20. I sometimes judge people from videos ..... but it’s not the player in front of the camera that I judge .....
  21. If it ‘adversely’ affects your reputation, then you could
  22. It would not be copyright, as you can’t copyright your face. However you don’t actually need to be a copyright holder to instigate a copyright breach !!! How they generate their income may vary, if YouTube monetisation then a breach claim will put a hold on it, if they are ‘giving a message from our sponsor’ then they have had that paid .... but want the next videos money to come, if they are promoting their website / products then it’s the potential sales or clicks that follow There is a whole subject of discussion though. My face has appeared on TV, and I did not sign an explicit release. On the day of filming our main ‘face’ did need to sign all the legal papers granting permissions - he was all over the programme, I was in a scene, he was a subject expert, named & spoke, I was a random character, uncredited and silent. He gave legally documented consent, I gave implied consent. I’ve been the subject of ‘modelling’ shoots with my sponsor - and not signed papers - but consent was there and our faces weren't shown. Both sponsor and team have copies of the pictures - used both by them and also us in event promos etc I could be called the face of a particular merchandise, due to drinking from my new mug straight away. (It may have been my suggestion that the photo be used so I can’t claim back on that!) An advertising agency will want to see model releases to protect themselves, but the lack of paperwork doesn’t mean the consent didn’t exist
  23. From my experience, as an image, then the sale of the image isn’t commercial, but the use of one of my images in advertising would be (and I received some nice compensation for a copyright breach which did so!) (I can sell an image containing you, if it is on the basis that the sale is my ‘artwork’ taken from my camera) Commercial use means that the imageis used directly in the marketing and promotion of a product that results in monetary gain. YouTube however can include monetarisation ..... With a quick google, this is a result dating to 2017: Good question, and one which YouTube does not answer. Paragraph 4.D. and 4.E. describes a few examples of what do and do not constitute "commercial uses." ... It's okay to embed a YouTube video on a website with advertising, but only if your "primary purpose" in posting the video isn't to gain advertising revenue. With monetarisation being based on YouTubes advertisers then would consider a content providers click bait headline to be primarily based on more clicks and more advertising revenue
  24. Photography & videos have legal implications but are not widely understood A blanket waiver giving permission would not help - but including information in the waiver that photography may take place is a start (though may not be read) and a mention in briefs etc They give the option for individuals to object - for piss taking defences, just because you don’t want it, or you may have protection issues. Legally I can take your photo in a public place, I can publish it online (social media, general internet etc), I can sell the photo - but I cannot make “commercial use” of the photo without your permission. (If you sign off permission then I can use it commercially in many ways that you may not have thought of) A site is a private place rather than a public place, so I need some form of permission to take photos - I could just take photos unless I’m told not to, I could be representing the site, I could be official/recognised media, I could be just some bloke taking photos of a fun day out
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