me and about 4 freind just got done with a sweet track had a dozer come out and have put hundreds of dollars and hours into it

but now the guy who owns the land is worried about all the liability does anyone have experiance with this

we were thinking if we formed a club and if the club bought the land and somone crashed it would be the club who was liable and the only thing that the club owned was the land so they wouldnt be able to take much

 

hmm, the couple tracks ive been to made u sign a waver saying the owner of the property etc etc etc wasnt liable for crashes etc etc etc, and minors had to have a parent sign it aswell...but i dunno if they actuaslly have to have stuff like that, wheres yer track @?

 

WHAT!!!!! AAHH you bastard you didnt even let me know about it! lol, hey man if your dead serious you built a track CALL ME! sweet best news ive heard all day [img]i/expressions/face-icon-small-wink.gif[/img]

 

If I am not mistaken the waver that you sign is like a contract and I think that all contracts have to be noterised(sp?). So if something did happen it might not hold up in court. I have signed them at most of the places I have went to, to race. This is all just a guess so don't take my word for it. You might try giving Raptor720 a PM, as he probably could help you on this topic.

 

<< If I am not mistaken the waver that you sign is like a contract and I think that all contracts have to be noterised(sp?). So if something did happen it might not hold up in court. I have signed them at most of the places I have went to, to race. This is all just a guess so don't take my word for it. You might try giving Raptor720 a PM, as he probably could help you on this topic. >>



All contracts DO NOT have to be notarized. In fact, contracts can be as simple as a verbal agreement which can, and often do, hold up in court, although it can be difficult if someone lies. It is always good to get it on paper and it shouldn't cost too much to have a good lawyer draw up an agreement form and give some advice. Negligence is how contracts get thrown out. If you have a piece of land and, say, you parked a piece of equipment or something on the blind side of a hill, on a trail, and someone goes over the hill, collides with it, and is injured or killed, then kiss the contract goodbye (and your assets). But if some Bovis Jones does something stupid of his own accord, the contract shouldn't have trouble holding.

Don't take this as legal advice, It is just info based on observational experience and reading. I am not a lawyer. See a lawyer for specifics.

 

I've been to about 400 races now and signed alot of releases.I've also talked to alot of promotors that will not race w/o liability Insurance,they say that they are afraid of getting sued.Thus I think a waver is useless,cuz ppl can sue anyways.The landowner here has a right to worry.Sounds like you are on the right track in possibly purchasing the land by a club,as the club will be required to carry insurance. Good luck [img]i/expressions/face-icon-small-smile.gif[/img]

 

I agree with LT80 about the insurance. I'd bet no insurance carrier would cover you without the waiver, though.

 

You can't charge money either.
I just went through this and after 3 years we got shut down because of all the morons that moved to the country from the city. They said we were too loud and made dust.
Check with the surrounding neighbors before all your hard work is rendered useless!
ERIC

 

We ride a private local track here in southeast michigan, 1.2 mile mx track, river crossing, and a couple of mud hole to get stuck in, and a 1/4 mile straight-a-way...... built (dozer) buy the home owner's son. My friend rents the house at the place that has the track plus 80 more additional acres......the owner didnt mind a FEW of us riding but its off the main rode and most people even police easily can notice us........so some show up un-invitedly. I did draw up a hold harmless agreement just for some peice of mind for the owner and we DID have each of them notorized........this form MAY not hold up in court in all states but its still a good start and shows that we are aware about the owner conserns......

this is what ours says..........

1. In consideration for participating in the sport of ORV/ATV and other related acts, I _______________________________________ hereby RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE the HOME and/or PROPERTY OWNER(S), the State of Michigan, their officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted or in transportation to and from said premises.
2. To the best of my knowledge, I can fully participate in this activity. I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein, and I hereby elect to voluntarily participate in said activity, and to enter the above-named premises and engage in such activity knowing that the activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage or costs, including court costs and attorney’s fees, that may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
4. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Michigan.
5. I UNDERSTAND THAT THE RELEASEES WILL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH AN INJURY I MAY SUSTAIN.
6. I further agree to become familiar with the rules and regulations of the Michigan DNR off-road vehicle (ORV) guide.
7. I also understand that I should and am urged to obtain adequate health and accident insurance to cover any personal injury to myself which may be sustained during from said activity.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.

IN WITNESS WHEREOF, I have hereunto set my hand on this ________ day of ________________________, 200__.


_______________________________________
Participant


_______________________________________
Parent must sign if under 18 years old

p.s. you could remove ( IN WITNESS WHEREOF, ) so no notory would be required but Its nothing hard to obtain !!!!


Scott
91' KX80
00' Trailblazer
01' Rancher ES
02' Interstate trailer to haul'em

 

Since you live in MN you should head to one of the MN mx track (KELlogg mazappa Millville Meadow Valley)and ask them or see if you cant get one of there forms to caopy or get some Ideas of your own I dont know if they will just give you one but its possible. plus they generaly charge to us the track for maintence and what not ($10-25) and some even charge you a annual fee of $5 plus $15-20 a day so Iwould check here first....