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-   -   Legal issues for your own track (https://atvconnection.com/forums/can-am-brp/148251-legal-issues-your-own-track.html)

GEARSMOKER 04-07-2004 09:43 AM

Legal issues for your own track
 
Over the years i've created and maintained about 3 miles of woods trails, and recently a pretty decent size mx track.Its on our family farms' property. Here's the question, what kind of legal papers or documents should i have for people that ride the property and may possibly hurt themselves?? Usually the people that ride are close family and friends, but ocasionally some people that i don't know that well ride it. Has anyone wrote up their own waivers or release of rights??? If so, whats the wording and substance of them? If anyone has like, a, fill in the blank one they could send me, that would be awesome. Thanks, all Gearsmoker.

sam 04-07-2004 10:35 AM

Legal issues for your own track
 
Gearsmoker,
I would start w/ any local tracks around and see what they use and where they got it. also talk to a attorney they would write some thing up. But my gess is that there is really nothing you can do to protect your self 100%. I kinda have the same prob. you do I got a small track that I let freinds ride well they bring there friends and them I dont know from Adam.

Keep us posted with your results
Sam


TexasPsycho 04-07-2004 12:29 PM

Legal issues for your own track
 
most of the parks around here have the riders sign a waiver releaseing them of any liability. not sure what all it says? i didn't want to take the time to read the four pages so i just signed and went riding.

Coyoteman 04-07-2004 01:14 PM

Legal issues for your own track
 
This is a very interesting subject Gearsmoker. I'm glad you brought this up because I'm sure there are many of us that have property that we let others ride on. Sam has some good points there, I believe even if you have someone sign a waiver that doesn't mean they cannot file a lawsuit against you. But it sure could help you in a trial. To date, I haven't spoken with any attorneys on this matter but that would probably be the best start. I know some local attorneys and will mention this to them and see what advice I can come up with. Maybe others can as well and we can figure out how all of us can be better protected.

Coyoteman 04-07-2004 01:24 PM

Legal issues for your own track
 
One other thing to consider would be your home/farmowners liability. Make sure your liability limits are high enough to protect your assets. Also, do you have medical payments on your policy? Its available on most all policies and could possibly prevent a lawsuit by paying the medical bills for someones injuries.
If you were charging a fee to ride (I'm sure most of us aren't) your insurance company would definetely not defend you. Just some words for thought.

RedEX 04-07-2004 01:38 PM

Legal issues for your own track
 
Would be interesting if any lawyers were around here to comment. I'm sure if varies from state to state. My wife works in insurance and her understanding is that waivers usually aren't worth much more than the paper they are printed on - but they are still used everywhere.

MikeCer 04-07-2004 01:45 PM

Legal issues for your own track
 
I think there was a post last year where someone had put the waiver they use out on the forum

MikeCer 04-07-2004 01:51 PM

Legal issues for your own track
 
Found it... Click

GEARSMOKER 04-07-2004 02:51 PM

Legal issues for your own track
 
That's exactly what i was looking for. Thank you so much, it will probly help out quit a bit.

psychotic400ex 04-07-2004 03:42 PM

Legal issues for your own track
 
Waver...so you wont be liable.


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