Ride Liability Waivers

[Heifzilla]

DH & I want to do a 32 mile ride next month and the sponsoring club has a liability waiver they want us to sign. This is reasonable. What I don't find reasonable is this line in the waiver (red emphasis mine):

This release is intended to discharge, in advance, "Bike Club" its successors and assigns, the promoters, the sponsors, the officials and any involved municipalities or other public entities (and their respective agents, directors, employees, members, successors and assigns) from and against any liabilities arising out of or connected with in any way with my participation in any and all "Bike Club" activities and events, even though that liability may arise out of negligence ore carelessness on the part of the persons or entities mentioned above.

I understand that they don't want any lawsuits, but even if the negligence or carelessness is on their part? :eek: I know this a CYA paragraph, but this seems extreme to me.

Is this common language in these waivers?

[Triskeliongirl]

Yes, basically you do club rides at your own risk.

What you need to understand are that clubs are just groups of friends, volunteers, organizing these events for their local cycling community. They are human beings, they may make mistakes, but no one would volunteer if they could be sued when that happens.

This doesn't mean that if a vehicle hits you on the group ride, you can't sue the driver, it just means the bike club, organizers, etc. will not be liable.

[Geonz]

what our lawyer types have told us is that these waivers are completely useless as far as a real lawsuit goes because you can't sign away more basic rights, but that insurance companies say do it so you do it so they'll cover you. We don't have that absurd line at the end, though, which I would hate to have associated with myself.
We also don't always remember to do those waivers on individual rides, but get 'em on our membership forms.

[Heifzilla]

Yes, basically you do club rides at your own risk.

What you need to understand are that clubs are just groups of friends, volunteers, organizing these events for their local cycling community. They are human beings, they may make mistakes, but no one would volunteer if they could be sued when that happens.

This doesn't mean that if a vehicle hits you on the group ride, you can't sue the driver, it just means the bike club, organizers, etc. will not be liable.

Oh, I understand that. And of course they need to cover their butts. It's just that last line is more excessive than any liability waiver I've seen recently and it struck me the wrong way.

[OakLeaf]

Actually that's pretty standard language among the waivers I see, and they probably got a form waiver from their parent organization rather than having it drafted specifically for them.

I HAVE refused to sign waivers with language like that when it was from a doctor's office. (And they were cool about it. If they hadn't been, I'd have found another doctor.) When it's boilerplate for participation in an event, I go ahead and sign it for the same reasons Geonz pointed out.

[Crankin]

The AMC has pretty stringent waivers, but it does not include that line. Yes, the lawyers pretty much told all of the leaders that the waivers are worthless, but we gotta have them. We make the people sign it before each ride and I have to mail it in after, as well as do an on line ride report.
The other club I ride with (CRW) has you do it on the membership form.

[Mr. Bloom]

Oh, I understand that. And of course they need to cover their butts. It's just that last line is more excessive than any liability waiver I've seen recently and it struck me the wrong way.

It's as Geonz said. In litigation, there's legal grounds and moral grounds. In court, all that matters is legal grounds...they're trying to appeal to a sense of morality by keeping folks from getting to court (and frankly hoping that some sympathetic judge starts the process of setting precedent...)

Sign it, be responsible for your own actions, and if someone else is negligent, you will retain all the protections that the law would otherwise provide.

Disclaimer: Mr. Silver is not a lawyer, but you'd die if you knew how much I spent on legal fees in business...

[tctrek]

Agreed. You cannot "in advance" release someone from liability for negligence. Your right to litigate is preserved no matter what that paper says.