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Discussion Starter · #1 ·
Can anybody explain to me the legal stipulations to building a public track and letting people ride there? Is there info somewhere on the internet that would explain this?



I know that you can't just let people ride without expecting to get sued in the near future. Waviers are useless as far as I know. Is it different if you let people ride than if you charge them to ride?
 

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I dont know if anyone knows. My friend has a nice mx track, and he has a lawsuit aginst him right now and he wavered everyone. The guys that has the lawsuit was being a [email protected]$$ and riding before practice and ramped a big tabletop and the water truck was coming up the landing and he became part of the radiator. Wavers may be good enough if something freak doesnt happen like this.
 

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saving UR Azz

Basically if your renting a track then you can get insurance through some karting association...pay per person that attends...If your doing this on your own property then you must not take any money for fees...You can however have a donation box for track up keep and so forth...You must have a waiver signed by all that ride or walk on the track...to save your azz...This has worked good for a few of my buddies with tracks...and some local clubs....



Troy
 

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Discussion Starter · #7 ·
This would be a track open to the public with no fee to ride. Donations for track upkeep would be nice. So basically if you have some formal waviers... and don't make money off the track it should just work out?



I agree that a lawyer would be the final judgement before somebody went ahead and opened a track... but this is somewhere to start.
 

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thorwarrior915 said:
This would be a track open to the public with no fee to ride. Donations for track upkeep would be nice. So basically if you have some formal waviers... and don't make money off the track it should just work out?



I agree that a lawyer would be the final judgement before somebody went ahead and opened a track... but this is somewhere to start.


Great Idea but would never work You Must Cover you a$$ and a waivor is not enough you would have to be Heavily Insured against Liabilaty......You allow people to ride at there own wrisk and Have them sign a wavior and YOU and anyone affiliated with the Property or Organization is 100% Liable



we have a place to ride here locally and heres what the guy does.... Places a Locked mail box at the begining of the road puts up a sign that reads " Donations for you know what $10.00 a head for the Day and please clean up after yourselfs"

he uses the money (and it adds up believe me) for fuel to run the Machine to grom the track...Just wished it was done more often.
 

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Some of the tracks here in the carolinas have a membership system.By becoming a member, you become part owner(on paper).If your part owner you cant sue yourself.I would imagine each state is different,if it were me I would try to speak to an attorney.



JC
 

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OLDSCHOOL said:
Great Idea but would never work You Must Cover you a$$ and a waivor is not enough you would have to be Heavily Insured against Liabilaty......You allow people to ride at there own wrisk and Have them sign a wavior and YOU and anyone affiliated with the Property or Organization is 100% Liable



we have a place to ride here locally and heres what the guy does.... Places a Locked mail box at the begining of the road puts up a sign that reads " Donations for you know what $10.00 a head for the Day and please clean up after yourselfs"

he uses the money (and it adds up believe me) for fuel to run the Machine to grom the track...Just wished it was done more often.




the money hardly adds up. that guy gets hosed all the time. as far as waivors go i have heard a couple lawyers that i see at the races that also race say they aren't worth the paper there written on.
 

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thorwarrior915 said:
hahaha... i like JC's idea.




It seems to work for the track owners here.I have felt some concern about this before,as I have a track and folks are always wanting to ride.I do a waiver,even though I know its worthless.If someone sues me there will be 2 law suit's.1 for them getting hurt and 1 for me beating there a$$, for sueing me.

I cant stand people who would sue someone over riding.Gets me fired up.How can you sue a property owner when you knowingly aimed your dirtbike at a pile of dirt and pinned it.WTF



JC
 

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one thing that might help is setting up a company and everything.. not tying your name or assets to it.. might be around a way of someone getting your house from ya or something. they can only get what your company worth is... also i thought that is what the insurance would cover. they sue your insurance company and not you so they can't take your personal savings and assets
 

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all i know is a shop up here in washington has there shop as half and a track and cafe on the other half and the tracks insurance was 2,000 dollars a day... well thats just what the people working there tell me... but the owner is filthy rich so its ok

o and search google

yull find some1
 

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OK I can answer this one.



Here are some things that have to be addressed first.

1. Who actually owns the land?

2. Will there be any organized events?

3. How will the track be supervised?



Any track that is open to the public IS open to litigation. What the waivers do is to try and deter MORE lawsuits, and give the rider an "acceptance of liability" that riding a motorcycle is a dangerous activity.

Here are the most likely suspects of people filing lawsuits on tracks.

1. A collision with another rider, going in an opposing direction.

Cause cited- Not a Definate posting of track direction. Granted the other 20 people on the track SHOULD have been the best indicator, but because there was no posting of direction this a-hole thought that he should sue the track owner cuz they are soooo wealthy.

2. I still can not believe this one!! A rider here in Colorado sued a track because the jumps were not groomed properly. He was riding the day after a race and the track was still beat up. After riding for 2 hours, he decided that he wanted to double a triple step down and gave it a little too much gas on a cupped out lip and over jumped it landing on the face of the third hump. He had no permanent injuries but stated pain and suffering because he was not able to ride for the summer.



You will absolutly need an attorney to draw up a good waiver that everyone MUST sign EVERYTIME. You will also need to have it posted in several places of HIGH visability that anyone NOT signed in is TRESSPASSING and subject to prosecution. Then you will need a good limited liability insurance policy to cover your azz.



Good luck, I am promoting some events this summer and getting all the insurance is a pain, but that is how we will grow the sport.
 

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Discussion Starter · #18 ·
1. The old man owns the land

2. No organized events. No races

3. I would be supervising the riding and grooming the track. There would most likely be at least one other person there to supervise.



Adumb... I do have my own company, but its not an LLC which would be the way to go for that.



How much are you looking at for the insurance trailpimp??
 

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1. If your dad owns the land then have him lease it to your company for 1$. That will keep your dad out of any legal issues.

2. Without any events then you will only need a real good limited liability policy. These go for about 2k per year for motosport use.

3. To cover yourself get someone that can watch the track whenever it is open. This will help when someone gets hurt, not only will they be able to let everyone on the track know that someone is down, and be able to help that downed rider, but can also serve as a witness if you get sued.



On race insurance I have had qoutes of 1200 to 2500 depending on the number of riders.
 

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Discussion Starter · #20 ·
thanks for the advice trailpimp... hats off.



Unfortunately I don't see me being able to cover the insurance policy with "donations" even if they are "extremely suggested donations". The whole reason I wanted to start a track is to get a scene started up here... but everything is money and I'm in college. I guess I can't do anything until I have money to invest. I will probably be an old fart by then who doesn't get a chance to ride anyways.
 
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