I think we are getting too big and making things complicated.
Fernando
 
 
In a message dated 3/1/2010 6:09:16 P.M. Eastern Standard Time,  
[email protected] writes:


A  Waiver is basically a release of liability. Just because a company 
carries  Liability insurance does not mean that they are agreeing to be liable 
for  every action that a human being can undertake in any endeavor associated 
with  said company!  

But, it is impossible to release anyone, or any  company from complete 
liability, and this is where you want the coverage. At  my fitness center I am 
all too aware that even though every member that works  out here has signed a 
waiver that releases us from just about any action taken  by a member while 
in the act of "working out", we can still be sued, or, held  liable. 

Example: 2 members are working out on the bench press; one is  benching, 
and the other is spotting. The spotter is distracted; meanwhile the  lifter 
looses his grip and drops the weight on his chest and gets seriously  injured. 
I would feel somewhat confident that our waiver would hold up in  court 
(and, it most certainly would go to court!), but it might not. This is  why you 
have the insurance. And, a strong legal team. Because you might lose.  

A very good defense attorney would make things very difficult for this  
legal team. What if it was found that the spotter was instructed on spotting  
from one of the fitness center's trainers? What if the spotter was distracted 
 because he lost his footing on the step-up platform? 

In case you are  wondering, this is a real situation...it did not happen at 
my center, but I am  sure some of you saw this on you tube...




---- slow down  <[email protected]> wrote: 
> Call me stupid, but I don't  understand...OK, the club has liability
> insurance, but everyone has to  sign a waiver of liability. What's the
> point?
> 
> On Mar  1, 9:03 am, "Tony" <[email protected]> wrote:
> >  G's,
> >
> > I want to update everyone on what our club has  been doing to address 
the growing pains that we have been experiencing.  
> >
> > Well, we are now members of USA Cycling.  As a member, we can now get 
club liability insurance through this  organization.  I have not received an 
email yet from the insurnace  carrier as a check was mailed middle of last 
week but I suspect that I will  get notice at some point this week that we 
are covered for the rest of 2010.  
> >
> > Here is the link showing the kind of coverage  we will have:
> >
> >  http://www.usacycling.org/forms/ClubInsurance.pdf
> >
> >  Now, since we will have club insurance, the forms that you all have 
been  signing the last couple of Saturdays are WAIVER forms.  (Don't worry, no 
 one has signed over their homes).  I have attached a copy of the waiver  
so everyone can read it over.  I will also attach or have the ride  leaders 
attach a waiver to each of their ride posts.  This means that if  you have 
not signed a waiver yet, PLEASE DO SO BEFORE YOU PARITICIPATE IN  ANOTHER GYRO 
RIDE.  You can either send me a pdf of the signed waiver via  my email:  
[email protected] or bring it to one of the rides and give  it to the ride 
leader.  DO NOT assume that this will be the ride leaders  responsibility 
to make sure you sign a form.  It is YOUR responsibility  and since ride 
leaders occasionally ride to a ride, I would suggest sending me  a signed form 
in pdf format.  If a ride leader drives to a ride, I would  hope that they 
will have some of these forms on hand and will ask that you  sign one if you 
haven't already.
> >
> > We already have  about 40 signed waiver forms.
> >
> > One note here for the  ride leaders, (this includes ALL Gyro weekday 
rides too):  You are not  held responsible for anything should a person show 
up for a ride who has not  signed a waiver.  I know that question will come 
up so do not worry as I  have clarified this with the insurance company.  If 
someone has not  signed a waiver and there is bodily or property damage and 
they are not  members of the club then they are on their own.  No one is 
held  responsible.
> >
> > Now, this note to the ride leaders  above does open up a can of worms.  
Question is, "Who do we distinquish  as members of the club?"  Since we do 
not have membership dues, that is  left up to my discretion.  This is too 
wide open.  Basically, what I  am saying is that we will be headed down the 
path soon with regard to  membership fees.  I can not handle that on my own 
and will therefore ask  that if there is anyone who would like to volunteer to 
head up a membership  committee, please let me know offline as there are 
things I will need to  discuss with them.  A club survives by volunteers so 
PLEASE  volunteer!!!!!
> >
> > All clubs charge a membership fee to  help cover expenses.  We should 
be no different.  I was trying to  hold off doing this for as long as 
possible but we are just growing too fast  and need to start acting the part.
> >
> >  I hope that  I covered everything but, if not, I'll send an update.  
If anyone has any  questions regarding any of the above, please do not 
hesitate to ask.
>  >
> > Thanks, Tony
> >
> >  Gyros Waiver  & Liabillity Form.pdf
> > 153KViewDownload
> 
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