Feedback On Club Liability Waiver

[neta160]

Hi,

Below is a draft club membership application with a liability waiver. If any of you are lawyers, police officers or knowledgable about waivers, I would appreciate your feedback. The intent of the waiver is to protect the club from members and members from members. We have AMA insurance for events. Thoughts?

Tim

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ANONYMOUS TRIALS CLUB (CLUB) ~ MEMBERSHIP APPLICAION

Name: ____________________________________________________________________________

Address: __________________________________________________________________________

Town/City: ________________________________ State: _____________ Zip: ________________

Phone: ________________________________ Email: _____________________________________

AMA#: _______________________________ Expiration: __________________________________

DOB: __ Minor: (Circle one) YES NO

RELEASE AND INDEMNITY AGREEMENT (

Edited January 4, 2009 by Neta160

[scorpa3]

For what it's worth. I approached a solicitor (here in the UK) over a similar idea concerning riders using some of my land for practice.

They made it very clear that although the use of a disclaimer won't do any harm; if someone was injured then at best it would only mitigate the claim and not prevent it.

Remember, if a member of the public happens to stray into the area and get injured, the organiser will still be partly responsible. Their 'strong' advice was to take out good insurance.

[rabie]

the situation in the UK is very different to the states (even RI, the smallest!), the different legal cultures mean what we do here is very different to stateside, where from my limited understanding the issue, use and the presence of "waivers" is commonplace/if not universal. in the UK (well England and Wales definitely) under the 1988 Road Traffic Act, since you are in a public place (which could be anywhere as this was anti boy racer in car parks legislation) you need 3rd party insurance whenever you use a mechanically propelled vehicle (ie a trials bike) - since this costs money, not entirely legit trails practice grounds are a grey area .......

[toothandnail]

Here's the one we been useing at our race track for the last 7 or so years , in my research here in Mo. there was only 1 case where a waiver was not upheld. And that was due to not haveing the "negligence" part added. Also the use of an LLC will further insulate you from lawsuit, as they have to break the LLC before being able to go after individual members. And not haveing any $$$ for them to come after helps.

Waiver of Liability

Tooth And Nail Racing

READ CAREFULLY--YOU ARE GIVING UPSUBSTANTIAL LEGAL RIGHTS

PLEASE PRINT CLEARLY

Name_____________________________________________BIRTH DATE_______________

Address_______________________________CITY____________________ST_____ZIP_______

ATV CLASSES

circle classes you will be riding in

Pro Lite Pro-Am Unlimited Prod A Prod B Prod C 16-24 25+ 30+ 40+

Open Knobby Women Yth Prod Sr. Yth Prod 13-15 90 Mod Super Mini

90 Auto 90 Cvt 70 Shifter 70 Prod 50 Prod 50 Single Spd 50 Stock LTD

MOTORCYCLE CLASSES

40+ OPEN 450 250 125 85 PIT BIKE

NUMBER__________ BRAND_________________CC_________

I , the undersigned , hereby request permission to enter the premises of EXCELSOIR MOTOCROSS L.L.C. managed by Matt and Tamera Loganbill for the sport of motorcycle/atv racing. In consideration of the permission granted me to enter the premises and participate in these activities ,

I do hereby , for myself, my heirs ,administrators and assigns agree to the following:

I agree that Excelsior Motocross L.L.C. is under no obligation to provide any type of liability insurance on my behalf. I further agree to release and forever discharge Excelsior Motocross L.L.C. and each of it's officers, employees, volunteers, members, sponsors, promoters,or personal representatives including and specifically Matt Loganbill and Tamera Loganbill, individually and jointly from any and all claims, liabilities, lawsuits, or damages of any kind whatsoever,INCLUDING NEGLIANCE , which may result from any activities conducted on the premises, during the course of the event,including acts by third parties.

I fully assume the risk associated with such activities including , by way of example only , collision with pedestrians,inadequate safety equipment,mechanical failure,weather conditions, etc.

I certify that the information on this form is true , correct ,and complete. This release/waiver and assumption of risk, has been completely read and the terms are voluntarily accepted. Any false or misleading information shall be deemed binding and conclusive on such participant.

PARTICIPANT SIGNATURE_________________________________________AGE_______ DATE____________

(PARENT OR GAURDIAN MUST SIGN IF UNDER AGE 18)

PARENT OR GAURDIAN_______________________________________________________DATE____________

I UNDERSTAND THIS RELEASE WILL BE FOR THE ENTIRE YEAR OF 2008 AND WILL BE KEPT ON FILE

SPONSERS- - -

[neta160]

Thanks guys. I will have to check with the Club but I believe it is incorporated, which like an LLC, will help. My draft waiver includes a reference to negligence so I think we are covered there. I am kicking around the idea of limiting the waiver to bodily injury and death--This are the types of cases that can be very expensive and put you in the poor house. My friend had an example that I believe we can all relate to. So, if the waiver is limited to bodily injury and death, then it would allow you to sue your buddy if he backs his truck over your trials bike while trying to park in the Club's parking lot!