[berkshire_rider]

Anyone know of companies that offer or would underwrite a liability policy for a mountain bike trail system? This is for a non-profit mountain biking organization, and there are some stunts currently built on the trails out of natural materials. There may be some more built with wood (after approval from the organization and the stunts would be inspected regularly) in the future. Here's the catch, it's a riding area that is used by a lot of different riders, and there is no way to get everyone who rides their to sign a waiver like at a ski area. The current company who we have the policy with now may not be willing to provide the coverage necessary, and may not even renew the existing policy for 2006. I would love to hear from anyone who has experience with this, knows someone who would be interested in providing the coverage, or any people you know that might help out in the situation. Feel free to send PM's if you would prefer.

 

[MMcG]

I assume this is dealing with NEMBA and Vietnam huh Steve? I suspect that it will be super duper difficult to find an insurance company willing to cover this type of a situation. ugh.

 

[Ciaran]

It depends on whether the land is public or private.

Look into IMBA's insurance. If your group is an IMBA affiliate you can go through their insurance provider. (McKay Ins). http://www.imba.com/membership/insurance.html

Also, make sure your org is an LLC or something like that (Someone with proper business knowledge can give better info) so that the individuals are as shielded as possible from potential lawsuits. Put the liability on the org, not the people.

Not much help, I know, but we are dealing with this very thing out here in So Cal with the Mt. Baldy project so we're learning slowly but surely. One thing I know for sure though... get a lawyer.

 

[splat]

This is privatley owned land , but has been put under a conservation easment and there is no fee charged for usage of said land. and yes we have been in touch with a Lawyer and IMBA.

 

[Tenchiro]

Here's the catch, it's a riding area that is used by a lot of different riders, and there is no way to get everyone who rides their to sign a waiver like at a ski area.

Couldn't a sign that says something like, "by riding in this area you are ageeing to waive all rights to sue the landowner." type of deal.

I wonder if that would even be legally binding...

 

[Ciaran]

Couldn't a sign that says something like, "by riding in this area you are ageeing to waive all rights to sue the landowner." type of deal.

I wonder if that would even be legally binding...

nope.

 

[splat]

Couldn't a sign that says something like, "by riding in this area you are ageeing to waive all rights to sue the landowner." type of deal.

I wonder if that would even be legally binding...

Nope , we ( I) Made up signs that ( DOuble Black Diamond , Blue Square , etc ) that we were goign to put up to warn people before riding off a cliff ( yes if you follow the trail staight in a a couple places it goes of 5 -6 foot drops to flat ), and even those we were told could do more harm that good on legal exposure.

 

[MtnBikerChk]

I said this was going to be a problem from day one!

 

[OGRipper]

Nope , we ( I) Made up signs that ( DOuble Black Diamond , Blue Square , etc ) that we were goign to put up to warn people before riding off a cliff ( yes if you follow the trail staight in a a couple places it goes of 5 -6 foot drops to flat ), and even those we were told could do more harm that good on legal exposure.

I don't see how that does more harm than good. Ordinarily you need to use reasonable care under the circumstances to warn and protect people from dangerous situations. Putting signs up like this should warn people that they are taking a risk, which is about the most you can do in this situation. Maybe your legal advisor thinks by doing this you would be directing people to the gnarly stuff they might not otherwise find?

 

[MtnBikerChk]

Nope , we ( I) Made up signs that ( DOuble Black Diamond , Blue Square , etc ) that we were goign to put up to warn people before riding off a cliff ( yes if you follow the trail staight in a a couple places it goes of 5 -6 foot drops to flat ), and even those we were told could do more harm that good on legal exposure.

ski areas print it on the back of lift tickets.

 

[berkshire_rider]

I said this was going to be a problem from day one!

I wouldn't classify it as a "problem". It's basically this: The company that currently writes the policy may not be willing to renew for next season. It has not been determined, yet. We aren't finding a lot of insurance companies that even write a recreation type of liability policy, and I was hoping some of the other 's might be in a similar situation or know of an insurance company that would cover this scenario. We are trying to be proactive and get something else lined up, should it be required. Options are a good thing.

 

[MtnBikerChk]

We aren't finding a lot of insurance companies that even write a recreation type of liability policy, and I was hoping some of the other 's might be in a similar situation or know of an insurance company that would cover this scenario.

All I'm saying is exactly what you've said above. This is a unique situation. All it would take would be one big claim and nemba could be dropped forever from being insured.

 

[berkshire_rider]

I'm not sure if there can be any big claims, but I'm no lawyer. However, THIS DOCUMENT seems to severly limit, if not prevent liability lawsuits.