Private club/track legal protection

I downloaded a waiver online but also should have a written statement that they read in front of a camera. " I realize that i could be injured or killed at my own risk on so and so's property. I chose to participate on my own and do not hold the property owner responsible for my decision to ride here at ..., The owner is not responsible for my decision to ride in any condition the track may be in and any injuries that may occur while on this property etc etc"  Something like this.

That's all fine and good until the insurance companies want to sue you...unfortunately 

In WI there is a recreational use law that if someone gets hurt on your property while participating in a recreational activity you are held harmless. Not sure how strong it is, and believe it’s meant more for horseback riding but it’s there. Also believe you can’t charge a fee but accept donations. Not an esquire, maybe check your state…

Yes insurance companies go right over your head to try and sue but atleast you have some form of defense.

First thing to understand is there are two types of law in the U.S. law of the land ( lawful statutes of the state) and law of the sea ( The legal system or law of commerce UCC).

If you want to bypass any litagation then follow your states statutes for public use of private land for recreational purposes. If you run your track in this manner no litigation can be brought against you.

The tricky part is fees. To abide by the law of the land you cannot charge a fee to those riding as that creates a contract and automaticly lands you in the legal system.

I have a private track in AZ and have operated since 2014 with no issues. I do not charge a fee my track is free to ride however i can accept donations so thats my deal.

I get screwed at times as there are folks that take advantage of that to get a free ride, but most are honest folks and will donate what it would cost them to ride at a public track, sometimes more as riding a private track is far better than any public track.

Folks think waivers will give them protection ha! It is just a way to prove the rider was actually at your track and make litagation against you much easier. You don't want to have anyone sign anything.

Hope this helps.

 make location non-profit club. only allow members to ride.pretty hard to sue yerself. only true way i've seen it done and work for over 40 years.

Your idea of a limited number of riders and all of them chipping in on an insurance policy/bond might be the way to go.

Good luck!  

Talk to a lawyer, eventually you are going to get sued, its happened to every track owner I have ever met.   

When I was a kid, a racer buddy of my dad's opened a private track beside my grandparents farm. He opened for practice every thurs evening and saturday mornings for about a year.  No races just practice. All the people he let ride where his friends or friends of friends type thing. It wasn't 100% open to the public. 

A friend of a friend that was a novice showed up one saturday morning and within 10mins cased a big double and nearly crushed his throat on the handlebars. He was taken out by ambulance and within a couple weeks the track was closed. To my knowledge he didn't get sued, but insurance people started sniffing around and scared the hell outta of him and he closed it down. He still rode the track by himself for maybe another 5yrs, his property was close enough I could hear him but he never had friends over again after that happened. Always protect yourself is my best advice which I'm sure you already know.

The only real way to protect yourself from a lawsuit is to treat every injured rider like a lame horse.  Finish putting them down and bury them in the back forty........

😎

As a private track you are never open for business.

I'm never "open" but if someone wants to ride they are welcome to any day they wish providing i will be home and they aren't idiots. Can't just show up and expect to ride. If i don't invite you you are trespassing.

Sure you can turn away riders it's your private land you choose who you allow on your land. Those that don't donate or have an attitude don't get to come back. I'm not putting up with deadbeats and assholes. Thats what public tracks are for.

If you decide to talk to a lawyer they are officers of the court and can only advise you on  "legal" matters not lawful

This may help.

https://youtu.be/VEuQjLR_86c?si=dMQj9B3ZAex2yH

Many years ago, my buddy in New York had a track at his farm and was able to get insurance through the AMA. The catch was that You had to be an AMA member to ride the track.  He set it up as an AMA club.  And had to collect a yearly membership fee and pay the AMA. He told me that they would also defend You if any lawsuits came up. I don't know if that is still possible or if he was telling some tall tales. But back then the yearly cost was less than what it cost for me to insure the track I had at my bosses property. I know we were limited to 10 riders. I think it was about 6K for a year. 

The track I made on some land that my Boss was developing. We only had it a couple years. I copied a waver from another local practice track and my bosses lawyers at the time went through it and made adjustments.  I don't know the details of insurance , it was about 20 years ago . My Bosses kid also rode so he and his wife handled the legal stuff. They did have the land setup as being owned by a trust already . They allowed the local trail rider clubs to ride on the land and races to pass through. It was just over 75 acres . As we developed it, It hurt to tear down the jumps and berms. But we built a few miles of trails that added to the already many miles of trails and they ended up donating the land to the town and the trails became public. It was fun to get paid to do stuff I used to do as a kid. And get to use brand new heavy equipment. We built some bridges that a skid steer was able to cross. Full sized trucks , etc.  

Now years later I have some trails and am constantly adding new sections to my property. Right now its only me using them. But at some point I may allow others on them So threads like this are nice to see . And gather info from others for ways to protect myself.    

Take them to the train station 

And take this a step further and lease the land to said non-profit club, thereby putting more distance between the 2 entities.

Its not just the on track incidents that you need to worry about, when I was a kid working at a track we had a guy that sat on a generator and burned himself, the guy sued the track I even had to do a deposition, and the owner still had to settle out of court.  I have also heard of riders going off track and hitting something or riding off a cliff and then claiming that the track should have anticipated that something like that could happen.  And then someone could just step in a hole and break their leg, and claim you were negligent.  Point is, with 50 people a day, its only a matter of time before something happens, so be prepared for anything  

Indeed! Idiots are aplenty. Private tracks are not for idiots jackassing around once again thats the role of the public track.

I'm implenting a 4 stroke ban for all but pros as folks just can't ride the damn things. I've had some of these so called "vets" come out and find they are not vets but 40 year old beginners who think they are vets because of their age...sorry vet means you are a veteran of the sport and have been doing it long enough to have the skills nessessary to get out on a mx track, not that you had a mini bike when you were 12. It's so sad to watch them ride flat footed humped back dropped elbows always sitting...to spend so much money to have so much power to go so slow is mindboggling to me. Anyway i don't need them killing themselves at my track.

I hear owners are taming their tracks because of so many injuries and they are getting quite lame trying to accomedate these new beginners. I saw a thread on this recently where one of these proudly exclamed they are the ones with money so the tracks should cater to them...what a fucking loser.

Also 50 riders yikes! I would never have that many. 15 is my limit and usually less than that. Way to dangerous to have that many without flaggers and a medical crew on hand not to mention the track maintenence after 50 riders for several hours.

My track is more for quaility people looking for a quaility riding experince and pros looking for a pro level track to train and test.

Locals have a track and someone got hurt out there and tried to sue now only their son can ride out there.  Can’t confirm or deny if they let  anyone else ride out there

me personally I can’t even find anyone who wants to ride at my track so whatever.  It’s at my work so if I get hurt workers comp will pay for the surgery (I’m jk)
 

I  was able to ride during my lunch break for a while on the track I made at my bosses. But then I came up just a little short on a step up and I had made the jumps peaked and unforgiving so I crashed pretty good. I did not get hurt, and was only slower at work for a few days. But that was the end of lunch moto's.    

The ama club idea sounds interesting to me, I wonder if it would work for an off-road park.

Cool i hope you can work things out to build your track.

As far as turning people away or booting someone it is your private land and those riding are there by your invitation so you have the right as the land owner to do either. Really dosen't have anything to do with the statute. If someone is being a danger to others they gotta go.

In order for the tracks I rode to avoid all of this, as far as my medical insurance was concerned I fell at my own house every time.

Yep you could let the son of a owner of a mx company ride on the track and if he whiskey throttles off a berm after riding the track safely all day before this incident, have him sue you for $750k. Be careful out there.

I have had the privilege to ride most of the best private tracks around here throughout my years. People have definetly been hurt many times including me and luckily no one ever sued but i was always afraid for the owners because some visitors don't take responsibility for their own actions and insurance companies can sue even if the injured person would never. You know where you are, no one forced you to ride and there is a good chance of injury. Track owner should not be liable. It was always people who raced series at the least and almost never beginners so the risk was smaller.  

Protect the track owner who provided a dream to we who love to ride..Who hasn't fallen off a ladder in some trendy riding gear at home? Its not odd.

I imagine you have some nice dirt there in southern indiana. I grew up in Southern Illinois near Cairo and raced in the 70's around that area as well as southeast Mo. and western Kentucky.Lots of nice tracks around there back in the day all with awesome dirt.

 I lucked out where i live in Az. I'm in the Aquarius mountians in northwestern Az about 5000 ft up. I have a nice mix of clay and sand i keep ripped about 8 to 10 inches deep. 1.7 mile natural terrain with major elevation changes. Lots of pine and cedar trees lining the track and awesome views of the surrounding mountians a real gem. Took me two years to build with a small 30 hp tractor with a loader bucket and a box blade. Loads of work but i love it.