NEWS & NOTES
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Receipt & Release
Receipt and Release preamble (‘r and r’) will employed in connection with revtit and repurposing initiatives. What is a receipt and release? For what reason is it being used here?
Why you will see and acknowledge a receipt and release:
A ‘receipt and release’, a legal procedure where someone receiving a benefit agrees to hold harmless the party providing what is being received, both as to what is received or any subesquent consequence resulting therefrom, is typically not required in a standard commercial transaction. It may be common in surrogate’s law or similar practices.
For example, say your rich uncle leaves you some money in his will. You decide to go scuba diving, and find some underwater treasure. Great! No harm no foul. On the other hand, if you are underwater and a meet a shark who takes a bite out of you, you may wish to sue your uncle’s estate and/or its executor/executrix, on the grounds if they never gave you his money, you would not have been able to afford to go on such an adventure resulting in such a mishap. I know, that doesn’t quite seem right but some variation on that basic premise is not unheard of. So to eliminate any legal consequences, it is established protocol to have someone sign a receipt and release, a device where someone effectively waives the right to subsequent legal action to address any resulting developments. The connotation implied if not established is that you are responsible for what you do with your bequest.
As that analogy is pertinent here, where charitable follow up is not involved, a “r & r” would not be applicable or necessary. An ultimate consumer, via purchase, receives a thing of value and it is not his concern what is done afterward with any payment made.
However, in this case, money is being used for charitable or other purposes which may impact everyone. There is a precedent to the contrary. Newman’s Own famously donates all its profits to charity. If any of those charities should experience a negative result of any of their operations, we properly do not see Newman’s Own being dragged into any lawsuits.
However, there is a distinction applying here to bernmeister, and it is prudent to address it preemptively. Initially, 90% of net proceeds for content under revtit will be earmarked not just for charity, but specifically to fight coronavirus. So what is the theoretical problem, you ask?
bernmeister is content enough to make contribution to ending the global pandemic nightmare, but can not and will not be held liable for any consequences of his goodwill, especially since the execution is by others. For example, say the money to charity is used for a food bank, but there is unintentionally some foodstuffs which should have been but were not recalled. As a result some people at the food bank got hospitalization level sick or worse. Let’s say it was verifiable that bernmeister funds could be traced back to underwriting the whole well intended effort. Bottom line: bern has to be protected here like a ‘good Samaritan’, and in the absence of any such law in any specific local law to that effect, the receipt and review is useful if not necessary, hence required.
Another parallel would be a vaccine. God forbid, a vaccine the experts think is effective turns out to not be; or it turns out to be effective for say 80% of the population, but is severely adverse like kryptonite to the other 20%. Again, bernmeister needs to be covered, and not just implicitly, but explicitly. This requires a waiver.
The same receipt and release measure taken for overall charity which may include fighting covid is likewise a mechanism necessary for bern’s repurposing initiative. The difference is with revtit, bernmeister is generally choosing organizations doing various charitable work, though that is temporarily shelved to get us through covid ASAP; while with repurposing, until the world recovers at least 1 yr after a successful covid vaccine is released, bern is giving those funds directly to a government, who then may deploy such monies for charity or otherwise.
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