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Old 06-02-2010, 05:35 AM   #1
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Stunt liability forms.

I am not sure if anyone around town would be up for these (businesses that is) but here are a few forms I found on stuntlife. Some members even mentioned that these forms were shown to cops and the cops did not bust them for stunting at the location they had the agreement with. I will make 3 posts after this with a form per each to make sure everything is less confusing and nothing is blended. So who knows maybe someone around town would be up for this with the stunters?
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Old 06-02-2010, 05:36 AM   #2
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I,______(NAME)________________here by agree to the following rules set forth by the property

owner,____________(NAME)_______________of said property, _____(ADDRESS)_____________,

__(CITY)____________, __(STATE)_.


I agree that I have permission to operate my motorcycle, a __(MAKE/MODEL)____, VIN number

___________________, on the above stated property. Under no circumstances is the owner of said

property responsible or liable for any damages, personal or property, to my motorcycle or myself. I am

fully and completely aware of the dangers involved in operating my vehicle. This includes, but is not

limited to: death, dismemberment, permanent or temporary impairment, paralysis, loss of limb(s), etc.

Under no circumstances do I have the legal right to pursue the property owner for compensation of

damages occurring to my motorcycle or myself. I also agree that any damage caused by my occupancy or

temporary use of the property is to be reported immediately to the property owner. It is solely my

responsibility to repair/correct any alterations I cause to the property. In the event the property owner

cannot be reached the caretaker,____________________, will be notified immediately. It is my responsibility to

provide, and wear, the appropriate safety gear while operating my motorcycle on the property. Public

access to the property will be restricted and controlled by the use of caution tape and or brightly colored

cones, which shall be removed before leaving the property. This is to prevent unauthorized access and deter

spectators. This is a legal binding agreement between the property owner and myself. I will not try and

alter, forge or destroy this agreement, which may be punishable by law, because I am entering into it

completely and willingly. Any violation of this agreement will result in my loss of privileges to access the

above referenced property, and legal action may be pursed by the owner. Any alterations to this agreement

must be made in writing and signed by both the motorcycle operator and the property owner. If the property

owner is unavailable the caretaker,______________________, shall serve as the needed signature. There will be no

exceptions.


Motorcycle Operator: ________________________ DOB: ____________
SIGNATURE
Contact phone #1: ___________________ Contact phone #2: ____________________

Emergency Contact: __________________________ Phone: _________________

Property Owner/Caretaker: ________________________ Date: ____________
SIGNATURE
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Old 06-02-2010, 05:36 AM   #3
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Waiver/Release Agreement
WAIVER/RELEASE AGREEMENT
I understand that there are risks and dangers inherent in participating and/or receiving instruction in Controlled Motorcycle Riding, hereinafter referred to as "Activity". I also understand that in order to be allowed to participate and/or receive instruction in Activity, I must give up my rights to hold ________________________liable for any injury or damage that I may suffer while participating and/or receiving instruction in Activity.
Knowing this, and in consideration of being permitted to participate and/or receive instruction in Activity, I hereby voluntarily release _____________________ from any and all liability resulting from or arising out of my participation and/or receipt of instruction in Activity.
I understand and agree that I am releasing not only the entities set forth in the paragraph above, but also the officers, agents, and employees of those entities.
I understand and agree that this Waiver/Release will have the effect of releasing, discharging, waiving and forever relinquishing any and all actions or causes of action that I may have or have had, whether past, present or future, whether known or unknown, and whether anticipated or unanticipated by me, arising out of my participation and/or receipt of instruction in Activity.
I understand and agree that this Waiver/Release applies to personal injury, property damage, or wrongful death which I may suffer, even if caused by the acts or omissions of others.
I understand and agree that by signing this Waiver/Release, I am assuming full responsibility for any and all risk of death or personal injury or property damage suffered by me while participating and/or receiving instruction in Activity.
I understand and agree that this Waiver/Release will be binding on me, my spouse, my heirs, my personal representatives, my assignees, my children and any guardian ad litem for said children.
I understand and agree that by signing this Waiver/Release, I am agreeing to release, indemnify and hold ____________________________, agents or employees harmless from any and all liability or costs, including attorney’s fees, associated with or arising from my participation and/or receipt of instruction in Activity.
I understand and agree that if I am signing this Waiver/Release on behalf of my minor child, that I will be giving up the same rights for said minor as I would be giving up if I signed this document of my own behalf.
I acknowledge that I have read this Waiver/Release Agreement and that I understand the words and language in it. I have been advised of the potential dangers incidental to participating and/or receiving instruction in Activity .
Dated: _________________________,20________
Print Name: ____________________________________
Sign Name: ____________________________________
Witness: ____________________________________


I acknowledge that ________________________ may deny permission to engage in Activity at any time for any reason without notification. I acknowledge________________ may choose to void this agreement at their sole discretion without reason or notification.

(Keep this part to show to the 5-0)
I ______________ give permission for joe stunna to engage in controlled motorcycle riding upon the premises of Some Warehouse. I have been given a thorough release/waiver signed by joe stunna, and my company and I am in no way responsible from actions taking place on the property.
I may deny permission to engage in Activity at any time for any reason without notification. I may choose to void this agreement at their sole discretion without reason or notification.
Dated: _________________________,20________
Print Name: ____________________________________
Sign Name: ____________________________________
Witness: ____________________________________
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Old 06-02-2010, 05:37 AM   #4
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Liability Release Form

I,________________________here by agree to the following rules set forth by the property owner,_______________________________of said property, ____________________, ___________________, _____. I agree that I have permission to operate my motorcycle, a ______________, VIN number_____________________, on the above stated property. Under no circumstances is the owner of said property responsible or liable for any damages, personal or property, to my motorcycle or myself. I am fully and completely aware of the dangers involved in operating my vehicle. This includes, but is not limited to: death, dismemberment, permanent or temporary impairment, paralysis, loss of limb(s), etc. Under no circumstances do I have the legal right to pursue the property owner for compensation of damages occurring to my motorcycle or myself. I also agree that any damage caused by my occupancy or temporary use of the property is to be reported immediately to the property owner. It is solely my responsibility to repair/correct any alterations I cause to the property. In the event the property owner cannot be reached the caretaker,____________________, will be notified immediately. It is my responsibility to provide, and wear, the appropriate safety gear while operating my motorcycle on the property. Public access to the property will be restricted and controlled by the use of caution tape and or brightly colored cones, which shall be removed before leaving the property. This is to prevent unauthorized access and deter spectators. This is a legal binding agreement between the property owner and myself. I will not try and alter, forge or destroy this agreement, which may be punishable by law, because I am entering into it completely and willingly. Any violation of this agreement will result in my loss of privileges to access the above referenced property, and legal action may be pursed by the owner. Any alterations to this agreement must be made in writing and signed by both the motorcycle operator and the property owner. If the property owner is unavailable the caretaker,______________________, shall serve as the needed signature. There will be no exceptions.

SIGNATURE

Motorcycle Operator: _______________________________ DOB: ________________

Contact phone #1: ___________________ Contact phone #2: _____________________

Emergency Contact: __________________________ Phone: _____________________

SIGNATURE

Property Owner/Caretaker: ________________________ Date: ___________________

* Only I,______________________________, have sole decision and responsibility of who rides at the spot and only when I am there.
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Old 06-02-2010, 09:00 AM   #5
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Good luck getting a business around here to go with that. I'm just gonna stunt the lot at my work and tell my boss to ###k off if he says anything. I run this ####h, not him.
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Old 06-02-2010, 09:38 AM   #6
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...
Quote:
Enforceability of Releases

- Liability releases are governed by state law. There are a few principles that are generally observed by each state.
- Minors cannot release liability. Depending upon the contract age of majority in your state, releases cannot be enforced against those under the legal contract age. Parents and guardians may release liability on behalf of the minor - other adults may not.
- Patrons can release ordinary negligence claims. Patrons can still sue for gross negligence and intentional torts.
- Written release language going beyond what state law allows in written releases is unenforceable - even if signed by the patron. In some cases, it can void the entire release.
- All blank lines must be filled in. All information must be accurate. The release must be read, understood, and knowingly signed by the patron.
- The patron must be able to understand the release. If applicable, have large print releases available, braille releases, foreign language releases (especially, Spanish), for your patrons.
While a release of liability is generally enforceable, it only shifts the burden of proof from the defendant to the plaintiff.

According to the above, simply having any minors on site could present an issue, as they cannot sign off on a release.

Secondly if patrons can still sue for gross negligence, does that cover the oil spill or debris in the parking lot that the business did not clean up? Or the piece of equipment parked at the side of the lot, that they did not cover with padding?

Just going off off a quick search on the internetz. I'm not a lawyer, I just stayed at a Holiday Inn last night.
However, I'm sure a good tort lawyer would have no problem tearing apart an ill crafted release form.
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Old 06-02-2010, 09:59 AM   #7
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Quote:
Originally Posted by Linker33 View Post
...

While a release of liability is generally enforceable, it only shifts the burden of proof from the defendant to the plaintiff.

According to the above, simply having any minors on site could present an issue, as they cannot sign off on a release.

Secondly if patrons can still sue for gross negligence, does that cover the oil spill or debris in the parking lot that the business did not clean up? Or the piece of equipment parked at the side of the lot, that they did not cover with padding?

Just going off off a quick search on the internetz. I'm not a lawyer, I just stayed at a Holiday Inn last night.
However, I'm sure a good tort lawyer would have no problem tearing apart an ill crafted release form.
A good 90% of businesses want you to be bonded and insured. for those oil spills, accadental crashes into shit. Just a reliease of liability is not enough. That is why WPS said no after almost getting that lot.
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Old 06-02-2010, 12:23 PM   #8
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WPS also said no cause of the trash, cig butt and burger king tray left.. basically the mess that is left behind.. Terry B/ one of the owners is way cool but the mess that was being left for wps employee's to clean up every Mon morning. Oh and Terry showed up in the middle of the night once and there was an event schedule in his parking lot.. that is when the gate went up, due to liability issues.
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Old 06-02-2010, 12:39 PM   #9
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Quote:
Originally Posted by Misbehavin View Post
WPS also said no cause of the trash, cig butt and burger king tray left.. basically the mess that is left behind.. Terry B/ one of the owners is way cool but the mess that was being left for wps employee's to clean up every Mon morning. Oh and Terry showed up in the middle of the night once and there was an event schedule in his parking lot.. that is when the gate went up, due to liability issues.
My contact was proir to all those issue's. I contacted them when we first found the lot. But yes. I do know that when myself and eric were there we used the TRASH cans and ash trays. As for others that would show up there never had any respect. I swear. even now we find people leaving trash and cig butt's everywhere. No one can seem to respect the "lot". Trash, Butt's and F**king Burnout's!
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