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Messages - Dog Howie

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Martial Arts Topics / Re: Legal issues in MA instruction
« on: October 30, 2009, 01:25:36 PM »
CD: Do you happen to be aware of any "case law" or meaningful decisions surrounding this? On a very related matter, in my industry the enforceability/binding strength of EULAS (End User Licensing Agreements) is constantly on my mind. (EULAs as I use the term are those agreements often found at the end of a website account creation or at the onset of a software installation that you must agree to by "clicking" a checkbox.) As a provider I REALLY want people to read m,y EULAs so they fully understand our terms but I have found time and time again that users often "agree" without reading. To me that consumer behavior is unacceptable. Just as we should be required to provide what we promise to provide, so should the user who agreed  be required to perform according to the contract they signed.

As far as the idea suggesting user manipulation by directing them past contract language and directly to a signature line by distracting them with an "X"...  my common sense finds that argument sensible and plausible.... at the very least, the "X is manipulative" argument would be used as a red herring  by opposing attorneys to degrade the intent of the signer or to imply an attempt at manipulation by the contract provider..... would it not be a stronger position to be able to assert that the contract signor had to, at least, handle and read the contract in order to find the endorsement section?

Whether I agree or disagree with this is almost irrelevant though if there have been meaningful decisions made surrounding this matter. 


Martial Arts Topics / Re: Legal issues in MA instruction
« on: October 29, 2009, 09:18:59 PM »
You cannot direct the customer where to sign.  Let them find it by reading the contract on there own.

kd: tHIS IS A VERY NICE AND HANDY piece of information. Thanks for the liability instruction.

Martial Arts Topics / Re: Legal issues in MA instruction
« on: October 27, 2009, 01:33:19 PM »
"Ms. To says she signed the Conditions of Membership and Release form 
but did not read it carefully or fully understand it," court documents 
state. "She knew if she did not sign it her sons would not be allowed 
to enrol in Hapkido classes. She says she had no intention of waiving 
her sons' rights to sue..."

This rubs me the wrong way. Why do people sign things that they don't read or understand?

This sounds worse then not reading or understanding... it sounds like she fully understood it but signed it never-the-less. And with that admission there is still a lawsit? THAT is very concerning. You mean I can lie by signing any agreement and then say I knew what I was signing but I didn't "really" agree to it so because of THAT it's not binding. I HOPE I'm missing something.

Martial Arts Topics / Re: Daily Expression of Gratitude
« on: October 27, 2009, 01:27:45 PM »
Grateful that oldest sonfinished rehab andl "wants" to be in a long term program. First time I've seen him "want" to get help... for those who have been around  such unpleasantries as drug addiction, "wanting" help is where it starts.His jury is WAY still out but it's a start.

Martial Arts Topics / Re: Guro Crafty's momentary ruminations
« on: October 26, 2009, 03:01:13 PM »
Good point!

"Squat-sitting" is one of the primal human positions, yet has become completely alien to modern man.  Just watch modern man try to defecate in nature-- let alone hang out in this position the way normal people can and do. 

I can't tell you how "strange" and unfamiliar it looked when I saw a Vietnamese father and son who used to live near my in-laws constantly "squat sitting" when they were outside.... just hanging out there for long periods of time.  That 'position' alone culturally separated them in a somewhat intolerant neighborhood (intolerant if one was not extremely "white"). It is EXTREMELY alien to me.... sort of funny.

Martial Arts Topics / Re: Study: Double killing on Mexico City subway
« on: October 21, 2009, 10:52:03 AM »
CD: Your point is well taken that, in a very true way, animals (most? all?) only agress for food...  or offensively they may kill to protect their young, but one thing they don't do is kill because they are pissed off at something unrelated or because they "get off" on it or have some pollitcal agenda. There is nothing evil about a lion killing an antelope. And this also ties into the concept that, in our current world, humans have been cut off from the " in which he evolved"... as, BTW, I personally have just been touching upon via DBMA fighting. At least in my life those experiences (my first few fights) have allowed me to touch upon the PROFOUND implications which extend WAY FAR beyond the "fight". CG, just FYI as you gather data and knowledge... I have personally experienced very unexpected creative and intellectual stimulation just from the very tiny limited exposure I have had to date which directly coorelate to DBMA activity. (hmmm... not well articulated but I'm hoping you get the drift). I have a nice "reading list" while recovering from this frustrating broke thumb... I just started "The Violence Within" by Paul Tournier whcih certainly relates to these considerations... I'll add "Men in Groups" to the list.

Martial Arts Topics / Re: DBMA Kali Tudo (tm): The Running Dog Game
« on: October 21, 2009, 10:33:14 AM »
The guys on the DBMA Assn have been asking me to put together a camp this winter:  Perhaps the camp should be dedicated to Kali Tudo (tm) , , ,
GREAT! I'd be there (subject to my broke thumb being healed up by the time). -h

Martial Arts Topics / Re: Study: Double killing on Mexico City subway
« on: October 19, 2009, 09:22:37 AM »
CD: I see something like this and I gotta say that I view it as something just so complex and something so... do i use the simple word :sad:. What took the shooters life to the point of this kind of desperation, was he mentally ill (like as in schizophrenic), was he an arrogant drug dealer, was he abused by the "system", what went wrong in his (our) world that produced a man who must have felt he had no choice but to murder like this. I'm not being a "bleeding heart" here.. but, doesn't it just bother you sometimes that the human race often acts not much above it's animal counterparts. And as violent as our past has been doesn't it seem like somehow we should/could become less so instead of becoming more so. I guess I'm in a "heady" mood at the moment.

Martial Arts Topics / Re: Daily Expression of Gratitude
« on: October 19, 2009, 09:10:32 AM »
KD: Did you kids get over H1N1 yet?

Martial Arts Topics / Re: Legal issues in MA instruction
« on: October 11, 2009, 09:46:42 PM »
We talked about alot of this type of stuff in alot of my university classes and most ridiculous stuff like this gets thrown out.
Yes on one hand no one should be able to "sign away" your rights.... but on the other hand, common sense says this lawsuit is fucking retarded.
Usually common sense wins out in these types of cases. Usually.

I REALLY differ with your thoughts that "most ridiculous stuff like this gets thrown out." and that "Usually common sense wins....". What happen "most" of the time here in the U.S. is that is does NOT get thrown out but it DOES get "settled".  Liability insurance companies are more than willing to "settle" rather than litigate.... it's cheaper and attorneys know that. It is an embarassment to the "legit" legal professionals that are honorable. This stuff is the bane of small bsuiness existence. Two personal examples.... a former employee who knew his time was "at an end" at the end of the day, first thing in the morning had some "boxes" fall on him in our warehouse, he went to the emergency room and had no injuries, no brusies or contusions, they didn't even prescribe him any ibuprophen. He then found a lawyer and sued my company for not being able to work and a big list of things including "loss of consortium: (he claimed his love making and relationship with his wife was harmed by this accident)... sued for many hundres of thousands of dollars and, unbelievably, was AWARDED $26K in an arbitration by a threesome of other attorneys... we could have litigated but it would have cost us at least $50K. BTW, after that experience I decided to NEVER "settle" any frivilous legal action like that ever again. Another example, this is great, my in laws ran a number of nursery schools a few years back. One had a playground with those wooden swing sets. A girls gets a splinter... nothing too stitches etc. The Kid's parents find a contingency lawyer to file an action and my in-law's insurance company pays $25K to settle the matter and drop the action... insurance company felt they got off cheap I have to assume.

This "stuff" does NOT get thrown out.... it should be.... but it doesn't.


Martial Arts Topics / Re: Looking for footage
« on: October 08, 2009, 05:29:40 PM »
There is a good chance that Rene from Toronto would know because he organized the training camp.

Martial Arts Topics / Re: New Member Needs Advice
« on: October 03, 2009, 05:02:26 PM »
Sig: I think I may have some experience in some of the areas of concern that you have expressed so I will limit my responses to just those areas. Gentlemen, I defer to any of you more experienced in these areas to critique/correct/adjust my ideas.,,

....and appreciate the fact that they were willing to test it in the most realistic ways possible, without excessive risk to the practitioner.
You'll see it time and time again around here...stick fighting is dangerous. I don't know what you consider "excessive" risk to be. And, while I'm certain that it is not a common occurance, I broke my thumb at the last gathering ( it is also not uncommon). Now, I have absolutely no problem with that. I found my fights to be EXTREMELY fulfilling, gratifying and.... I could go on and on. But they are definitely not "safe". And, for me, I don't want them to be. I need the threat anad danger to actually learn. My experience was life-altering... 'nuf said.
I am TERRIBLY out of shape. I am soon to be 39 years old, 6' 1" tall, 325 lbs., and an insulin-dependant diabetic. I am very serious about becoming as healthy as is possible, and am willing to do what it takes to do this, but I do have to deal with these realities; it will be a slow process for me. <SNIP> When I have attended classes <snip> ... the cardio portion of the classes has been very intimidating...<snip> I swear I would have literally died during the first 15 minutes of the class had I been a participant.

I am a 56 year old guy, who had a few months of KB and JJ (a couple of years ago) and a 3-day seminar in stickfighting (a couple of months ago) and who had my first two fights at the the most recent "Gathering" (a few weeks ago). The only physical experience I had was that I have lifted weights for 25+ years. I started at 277# and got to 252# at the Gathering on  my way to 240# (or less depending on how I feel about the weight).  The KB and JJ classes that I took a few years ago I just couldn't "take" because, like you, I barely made it through the warm up (and besides that I wanted to have contact fighting and I was a bit impatient). But the goal here is to "warm up" and not compete with others in your group. So, for instance, at the training camp I went to I was FULLY warmed up when most if not all the young bucks were just breaking a sweat. I stopped. I was hot, blood was flowing and I would be foolish to sap all my energy for the actual training. Now that I'm seeking a local MMA gym to further train, I can tell you that if my trainiers don't get the difference in "my needs" and the needs of a well trained, half-my-age college-aged guy then they will not be MY trainers. Others who train with you will respect you for the guts you display being 325# and if they don't then THEY are the ones with a problem. You do NOT need 15 minutes of sprinting... and, yes, I could imagine it would kill you. Look  SIG, any 325# man who gets himself to train has balls... he has BALLS... and anyone who doesn't recognize and appreciate and honor you for having the balls to do that is inexperienced and uninformed at  best. (IMPORTANT NOTE: My opinions ASSUME that you have direct...DIRECT, FULLY DISCLOSED, F-U-L-L-Y disclosed accountability to a qualified medical pro.) [other board members PLEASE chime in here]

I am not diabetic (but am/was borderline) and have made MAJOR changes over the past year to  move from that point (low glycemic index diet and a physician-monitored regime of supplements and medications that HAVE MADE A MAJOR difference for me. Add to that the passion that I have been experiencing for stickfighting, KB and JJ and the cardio just is taking care of itself. I assume that you are under a doctor's care for your diabetes... if I'm wrong then stop here and go get an experienced doc.... you might want to look for a sports medicine doc as they may have some additional insights. I can't talk to the other sections of you post because any more is outside my experience.

Gentlemen, please feel free to augment or offer correction to anything I have just written.



Martial Arts Topics / Re: September 20, 2009 Gathering
« on: September 27, 2009, 02:22:44 PM »
Poi! Woof!  -

Can you send x-rays and hickey when you can to my email address (it is listed in my personal info).


Martial Arts Topics / Request for images:Re: September 20, 2009 Gathering
« on: September 27, 2009, 07:16:05 AM »
Gathering attendees:
I'm working on a modest art project/experiment and need any images you have of x-rays (really need these) and/ or close up pictures illustrating injuries received at the Sept 20th gathering. I could use a number of images because I want to develop a collage. If you have anything that I can use I would appreciate it (personally identifiable parts of any images will be edited out). Please email images or give me links to them of you have uploaded them already. Feel free to reply to this post with links, or PM to me. Alternately you can email images directly to me at hmandel{att}learningByGrace[d][ot] oh are gee (email address is reformatted to limit access to discussion board bots).Thanks for your assistance. (note: this is for a personal project, not commercial in any way and with full respect to and compliance with DBMA, Inc. proprietary rights. CD- if you see any conflict please let me know and I'll defer to your preferences)

Martial Arts Topics / Re: September 20, 2009 Gathering- volunteers
« on: September 15, 2009, 07:00:50 PM »
Gonna a need some volunteers to help set up Sunday. Just like last year

Pappy Dog, I'll be in town a couple of days early. What time you need help? Meet where? I'll be there. -h

Martial Arts Topics / Re: Warriors in action
« on: September 14, 2009, 08:43:06 AM »
I don't even know how to respond to that kind of bravery.  An example to follow.

Martial Arts Topics / Re: September 20, 2009 Gathering
« on: September 13, 2009, 10:01:25 AM »
JONOBUS: excellent advise.

Martial Arts Topics / Permitted gloves...Re: September 20, 2009 Gathering
« on: September 10, 2009, 10:01:00 AM »
I may have missed it but I could find anything in a search so ...

I got some hockey gloves... they are padded on the top and the palm and finger areas a like a regular fabric glove. They have wrist support. How can I determine if they are OK to use at a gathering?

Martial Arts Topics / Re: September 20, 2009 Gathering
« on: September 02, 2009, 05:48:10 PM » This link will give you the skinny on Burbank hotels

Thanks pappydog. Do you know if there is any specific place where out of towners that come for the gathering congregate? IF not, I'll just spin the wheel and try one out. - Howie

Martial Arts Topics / Travel Coordination Anyone?
« on: August 31, 2009, 06:51:17 PM »
Yo (which is "woof" in phillyese). My plans are to fly from Philly to the gathering on either Fri the 18th or Sat the 19th. There are probably some others flying out from the Eastern US and thought that we may be able to coordinate all or part of the flights to hang out on the way. I mean I could imagine a few of us even being on the same flights and not even knowing it. So I dunno how to even start this but if anyone flying wants to send me a direct message of their flight plans I can see what I get and then try to get people hooked up either on the same flights or even meeting during some lay overs. I personally haven't booked my flight yet but have to do so within a couple of days anyways. So, if you are flying out send me your itinerary and I'll try to figure out if there are common flights among us and communicate that among travelers. I'll also post this on the "Members" board.

Also.... any "suggested" hotel accommodations? Places where a bunch of people may be staying?

-Howie from Philly

Martial Arts Topics / Re: Daily Expression of Gratitude
« on: August 26, 2009, 12:46:44 PM »
Congrats m'man... very cool. As a father of 8 I'll tell you in advance that becoming a Dad is a really great thing. It's a tough thing but it is satisfying at the end of the day. - Howie

Martial Arts Topics / Re: Movie Fights - The Last Airbender 2010
« on: July 02, 2009, 08:35:07 AM »
I happened to be the on the set of the M.Night Shyamalan "The Last Airbender" that is filming now for a 2010 release during shooting one of the main battle scenes. I had never seen anything like this before... at least 150+ trained guys doing these incredibly choreographed fights... same thing, over and over and over again so they could get different angles. What's amazing is that there were hardly any injuries. (Amid weapons and stunt guys being flown into the air with cables.) The parts I saw took weeks of longggggg days and, I swear, it couldn't have represented more than 2-4 minutes in the movie. The skill level was amazing. The guys who choreograph this stuff are really amazingly skilled... I just learned a great appreciation for the art of movie making (staging fight sequences). BTW, the set was in an old airplane hanger at the Philadelphia Navy Yard... the biggest soundstage in the world according to Paramount... the set itself (the water tribe compound) was like 4 stories high and a football field long.

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