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Group Biking Waiver questions

Submitted by happyd on June 11, 2010 - 10:21pm
in

Hello!

I hope this is the right area to ask this.

I want to create a waiver for my Cupcake Rides and was wondering if there are any online resources where I can learn to create one?

Or do I need to see a lawyer?

There is a waiver for the Toronto Bicycling Network seems very comprehensive. Are there copyright issues surrounding waivers? For example would there be an issue with me using a lot of what is in the TBN waiver and creating a new one for my purposes?

Any info is greatly appreciated!!

Thank you,

Hyedie

‹ Is it because of the Jarvis bike lane publicity? non - City of Toronto based cyclist accident reporting? ›

You should probably talk to a lawyer. What I am writing here is not legal advice - I am just listing some of the issues that may arise if you have people sign a waiver:

  • A waiver is not automatically enforcable just because someone has signed it - will the waiver be supported by consideration if someone attends one of your rides?
  • Once there is a waiver in place, do you have a contract with each person who participates in the ride? You know that the waiver will (hopefully) limit your liability to participants, but if there is a contract between you annd the other participants, what obligations will be imposed on you either expressly by the waiver or by implication?
  • There is also law that can make a waiver, or a limitation of liability clause contained in a waiver difficult to enforce - what can be done to control that?
  • what are your other options - for example, would you be further ahead to insure yourself and not worry about whether the waiver is enforcable? Would your homeowner or renter's insurance policy cover you if someone was hurt on a cupcake ride?

If you are concerned about this, it might be a good idea to talk to a lawyer.

If cost is an issue for you, you might want to look into community legal clinics, or pre-paid legal services.

Anonymous (not verified) June 15, 2010 - 8:46am #

I really appreciate this thoughtful response and all the information you shared!

Thank you so much.

I think I might look into a community legal clinic... although that being said I have no idea how much seeing a lawyer would cost!

happyd June 22, 2010 - 1:43pm #