8. When entering into this challenge, as far as this may be done by established legal statutes, the applicant surrenders any and all rights to legal action against Mr. Randi, and/or against any persons peripherally involved, and/or against the James Randi Educational Foundation. This applies to injury, and/or accident, and/or any other damage of a physical and/or emotional nature, and/or financial and/or professional loss, and/or damage of any kind. However, this rule in no way affects the awarding of the prize, once it is properly won in accord with the protocol.
If you win, fine and dandy, BUT, if by some "inconsistency" as in the Carina Landin case, you cant jump through the hoop, tough bickies! Old Jimmy can ridicule you, your ideas, in fact do anything he wants to do and there is sweet bugger all you can do legally about it.
Buzz, I don't think you're appreciating what that clause is supposed to mean.
I've seen plenty of clauses like it in other agreements, like EULAs for various software installations. All it says (from what I can read) is that the JREF is not responsible for damages that the applicant suffers while being tested. This means that the applicant can't sue the JREF for losing revenue if someone sees the result of a test, and decides not to pay the applicant for the use of his/her alleged paranormal ability. It also protects the JREF from an applicant participating and claiming injury during the test, which could otherwise lead to a civil court case; this is addressed in the other snippet you listed below, which I'll get to momentarily.
That clause does not entitle anyone associated with the JREF to commit libel or slander against the applicants, if that's what you imply. On the other hand, nothing is stopping anyone from ridiculing the ideas or beliefs of the applicants, from what I can tell; I'm not positive, but stating the belief that dowsing is utter nonsense doesn't appear to qualify as either slander or libel.
Legalities aside, the testing protocols and results appear to be out in the open. If Randi or any JREF representative were badmouthing someone over the results of a test, and that treatment was unjustified because of a bad test, it seems that others could read up about it and decide the truth for themselves. Additionally, I've yet to see any evidence of anyone being mistreated in the manner you describe. Ms. Landin was given another chance to be tested once the mistake in the testing procedure was found, and it appears that the communications around this test were all conducted politely and respectfully on both sides.
Remember, the people involved are attempting to design protocols that are as devoid of bias as possible. To engage applicants or discuss them in a manner opposite to that isn't productive or conducive to the JREF being supported by the skeptical public. The JREF is a charitable organization, IIRC, and I wouldn't think that being obnoxious or insulting toward people (even those whose ideas strike its members as ludicrous) would increase the donations they receive.
Also there is this:
IMPORTANT: Only claims that can be verified by evidence under proper observing conditions will be accepted. Also, JREF will NOT accept claims of the existence of deities or demons/angels, the validity of exorcism, religious claims, cloudbusting, causing the Sun to rise or the stars to move, etc. JREF will also NOT test claims that are likely to cause injury of any sort, such as those involving the withholding of air, food or water, or the use of illicit materials, drugs, or dangerous devices.
I would have thought that once you had rendered JREF free from the possibility of legal liability it would be a simple case of "do whatever it takes".
I don't see the relevance here. The MDC is about testing claims that are testable, to see if the applicant does indeed possess paranormal abilities (or the cleverness necessary to fake them). If the test results don't speak for themselves, the test really isn't valid (or was done incorrectly, as occurred with Ms. Landin). On the subject of refusing to perform tests that may be injurious, I should think you'd be giving JREF reps more credit. The rule is there, in my opinion, for several reasons, among which could be...
1. To prevent any possibility of liability. Even with clause #8 considered, there is still the chance that a civil case would be heard. Of course, there's also the possibility of criminal charges in some cases (drug possession, negligence leading to injury or death, etc.)
2. Ethical considerations. This, I think, is more the reason. I get no indication from what I've read at this site that anyone associated with JREF wants to see people hurt to prove their points. I imagine the majority of applicants, like people in general, are of a good sort, who honestly believe they have paranormal abilities and intend harm to no one. JREF doesn't appear to be conducting the MDC in order to flog people into disbelieving claims of the paranormal.
You are correct Tapman, the MDC is a very cleaver magician's trick, and as the log of applicants shows it is only the foolhardy and poor who dare to venture up on stage with a master performer.
Tapman may well be correct, but so far, there's been little to no evidence in support of that position. To date, the evidence appears to support the notion that the JREF have done a pretty good job of conducting the MDC in a fair manner.