Signing a waiver, any attorneys on here?

[HS125]

My neighbor and I have been building a mx track on his property.  The only riders allowed will be friends.  Although I do not see any of them filing a lawsuit if they should get hurt, I guess it would be possible their insurance provider would.

All mx tracks I have been to make you sign a waiver, releasing them of any and all liability. I have heard that these waivers are not worth the paper they are printed on. 

Does anyone on here know if this is true or have experience with property owner liability?

IMO he should make everyone sign a waiver, even myself, to protect him and his property. But, if the waiver does not protect him, why make them sign? Is there another means of protection?

[eprovenzano]

I cannot answer if the waiver would be fool proof, but I would require all riders to sign a waiver.  If they are under 18 years of age, you should have it signed by their legal guardian.  Make sure the legal guardian signs the form in your presence.

[MXLord327]

If anyone does get hurt without a waiver, make sure they tell everyone it happened on their own property, not yours.  It also wouldn't hurt to say they fell off a ladder or something other than riding dirt bikes.  It won't be long before insurance companies stop covering injuries resulting from "dangerous activities."  The more of us that "trip over our cat" or "fall off the roof" instead of crashing our bikes, the longer we can delay the inevitable....

[HS125]

Thanks guys for the replys. 

We will definately print up a waiver and have everyone sign it before they ride.

If I can get a good video from my GoPro of the track I will post it up.  Hopefully the rain will hold off this weekend.

[Zuendapp]

My advice is to have your friend consult a Attorney.

I did when I had a track on my Farm, The Attorney advised me not to have anyone ride at all.

But he knew I was going to have a track and ride anyway, so do Not have anyone sign a Waiver.  ( Individuals can not sign your rights away )
Note: A waiver insinuates that there is danger in riding on the property.

Yes, everyone has you sign a waiver, but they have insurance at all race tracks.

We road for a couple of years and had a person with 2 broken arms ( he had insurance and a office job, missed very little work)

Teenager Twisted knee, Father was a Doctor, had insurance, no problem

I am sure of many other bumps and bruises, no problems.

Remember in a Catastrophic injury, I am sure the ambulance chasers will file lawsuits.

Just my thoughts
Terry

[eprovenzano]

This is a tough call...  unfortuantly its only one you can answer and do what's best for you.  I would limit the riders to only friends that you really, know and trust.

[riffraff]

Does your friend have home owner's insurance?

[HS125]

Terry, thanks for the other perspective.  I will advise him to consult with an attorney.

Riffraff, Yes, my friend does have homeowners insurance.

[opfermanmotors]

There was a motocross track that was formed for only a short period of time in Minnesota called Loghaven Mototrack.  The owner was a retired farmer and was no longer plowing his lands so he paid to have a motocross track built in his yard, I think his name was Jack Beaverton.  So, he consulted an attorney and he wanted to make sure he had a bullet proof waiver and he paid top dollar for it.  The opening day about 50 people showed up and signed the waiver that basically stated that anyone who got hurt on his property could not hold him accountable.  Since it was essentially an Open Track with no races that day, there were about 20 or so people on the track and another 20 or so standing around when about an hour after it opened, Jack came out with a shot gun and opened fire killing everyone.  He did not go to jail though and was not sued since he everyone had signed a waiver before riding on his property.

[cmiller493]

WHAT?!!! That is insane..im glad im really good friends with the owner of my track Although he does have a few shotguns..

[Coop]

Yeah I am calling BS opfer...

[SachsGS]

I guess they never read the fine print that said "Two stroke Only!".

[Zuendapp]

3 things to do when 50 people at your Motocross track are running around frantically and bleeding,
#1 Stop, calm down
#2 Take a deep breath,
#3 Reload and take better Aim 

I am glad everyone signed a Waiver, So Jack didn't see any Jail time !!!!!!

There was a motocross track that was formed for only a short period of time in Minnesota called Loghaven Mototrack.  The owner was a retired farmer and was no longer plowing his lands so he paid to have a motocross track built in his yard, I think his name was Jack Beaverton.  So, he consulted an attorney and he wanted to make sure he had a bullet proof waiver and he paid top dollar for it.  The opening day about 50 people showed up and signed the waiver that basically stated that anyone who got hurt on his property could not hold him accountable.  Since it was essentially an Open Track with no races that day, there were about 20 or so people on the track and another 20 or so standing around when about an hour after it opened, Jack came out with a shot gun and opened fire killing everyone.  He did not go to jail though and was not sued since he everyone had signed a waiver before riding on his property.

[TMKIWI]

Do you know if he used a Beretta Extrema.
Fastest shotgun you can buy.
Still abit of reloading to do with 50 people 

[opfermanmotors]

There are some photos of that day floating around.