Advocacy & Safety - Waiver Release for Active Transportation Alliance's Go Green Go Dutch Go Bike Ride

Seems kind of absurd to have this kind of waiver and release for a ride that is supposed to offer a Dutch-style cycling experience on a fully separated MUP.

Copenhagenize claims that this is "the death knell for the future of urban cycling in America"


Waiver and Release
By clicking below, I hereby acknowledge that bicycle riding, bicycle racing and bicycling events (“Bicycling”) are strenuous activities beyond the capability of some people, and may cause minor, severe and/or permanent injuries or death to people who are not in sufficient physical fitness, training and/or experience. I have made my own determination as to whether I am able to safely participate in Bicycling. I recognize that the Active Transportation Alliance (“Active Trans”) has not evaluated my ability to participate in Bicycling. I also recognize that advice dispensed through Active Trans may not be appropriate for me, and it is my responsibility to make this determination.

I acknowledge that some Bicycling is a test of a person’s physical and mental limits and carries with it, regardless of physical fitness or experience, the potential for death, serious injury and property loss. I assume the risks of participating in Bicycling. I certify that my level of fitness is appropriate to participate in Bicycling which I am voluntarily undertaking. I certify that I have sufficiently trained or prepared for the Bicycling I am undertaking and I have not been advised against participation in such activity by a health care professional. I agree to wear an ANSI, CPSC, or SNELL approved helmet properly at all times while participating in Active Trans bicycling activities.

Full Story Here (http://www.copenhagenize.com/2010/04/go-green-go-dutch-go-die.html)

Personally, I'd never sign that waiver or participate in this ride

That's the waiver required by the insurance company for the event. It looks like the one from American Specialties, which is connected to the LAB. No insurance, no event.

It looks like the one from American Specialties, which is connected to the LAB. No insurance, no event.
No, the one from American Specialties and LAB can be seen here:
http://www.amerspec.com/lab/waiver.pdf
and is quite different. It has its own frightening language about DEATH, PARALYSIS, and other risks (caps in original), but nothing about bicycling testing your physical and mental limits. Nor is there any mention in this LAB waiver about a need to wear helmets when participating in the event.

I might expect to sign this sort of waiver for a road race or a century or some other similar type event, but not for a slow pedal around the lake.

when I was in Paris and Barcelona, I went for several paid bicycle tours in the urban environment, complete with Paris and Barcelona traffic. I was never required to sign a waiver or wear a helmet.

America is apparently unique in this regard, it sucks and it's stupid beyond belief

I might expect to sign this sort of waiver for a road race or a century or some other similar type event, but not for a slow pedal around the lake.

when I was in Paris and Barcelona, I went for several paid bicycle tours in the urban environment, complete with Paris and Barcelona traffic. I was never required to sign a waiver or wear a helmet.

America is apparently unique in this regard, it sucks and it's stupid beyond belief
It's not just slow rides around an MUP, but everything that needs insurance anymore. My brother is working on getting a garden installed in his son's k-3 school. $374 a year to insure a plot of dirt with some plants growing on it, because some kids might swing shovels at each other.

I can only imagine what the insurance costs on the playground are.

America is apparently unique in this regard, it sucks and it's stupid beyond belief

We're super litigious and this is a CYA move. It's more unique to America, but not unique to cycling.

EDIT: And yes, it's silly. But from an American organizer's perspective, understandable.

Active Trans waivers generally read more like the American Specialties Insurance waiver. I suspect one can thank the non biking American and Canadian lawyers working for the Dutch Embassy or Consulate for the the language on that one.

Hard to believe that anyone from the Dutch embassy would have approved such extreme language, but maybe the lawyers didn't run it by them. If it was written specifically for this event (an easy ride on a bike path) then it's hard to see why there would be references to racing, fitness, strenuous activities, physical limits, etc.

PS: Found the exact same wording of a waiver form for a Canadian hockey tournament (with suitable substitutions for the name of the activity) at:
http://www.chailifelinecanada.org/hockey_register.php

Aren't the biggest cycling fearmongers also the biggest proponents of sidepaths for cycling?

Here's the "elitist" language used by my bike club's waiver to describe the proper qualifications for participation: " I ACKNOWLEDGE, agree, and represent that I understand the nature of Bicycling Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity."

If you understand cycling to be a casual activity possible with a very basic level of fitness, and operate accordingly, it's no problem. Sure, there are faster paced rides that you won't be able to keep up with, but there are slower ones to be found. I often sweep casual rides and I don't mind riding slowly and making sure the last riders are comfortable and happy.

My club's waiver does go on to describe the injuries that may result from cycling accidents, which are primarily bike-bike colliisions and falls. Since collisions between two or more cyclists are common on group rides, and these collisions usually result in falls and these falls can result in serious head injuries, our club requires cyclists to wear helmets. We also give a speech about following the rules of the road and acting predictably within the group.

The only time I would ever say something to discourage a person from riding is if I thought they were mentally incapable of dealing with traffic on their own, and had inadequate supervision. This hasn't happened yet; the youngest participants have either been teenagers or riding tandem with adults, and the oldest participants were sharper than the teenagers.

what the ____ do sidepaths have to do with america's obsession with litigation and insurance and waivers??????


'biggest cycling fearmongers'? :rolleyes: WHO? WHERE? and they're doing WHAT??

a ludicrous, vacuous platitude, and to tie it to a group liability waiver.....

the active transportation alliance of chicago is one of the biggest cycling fearmongers?????? REALLY?

were you just spouting just sophistic semantics, steve??? pfft.

An organization, as part of their agreement in getting insurance for their group ride, is requiring participants sign some legalese version of a boilerplate liability waiver.

lose the invective, fellas. such is america's penchant for frivolous lawsuits, and attempts to limit liability for organizers of group sporting events.

SURE, america needs to change our litigious ways. Boilerplate liability waivers to satisfy complex organizing machinations are nothing new in america.

I participated in the linked Vancouver (richmond, actually) event and we didn't have to sign a waiver. I didn't even have to wear a helmet (although they were provided).

This idea to sign a waiver like this is an example at just how cycling is understood to the mainstream. Pretty sad.

One more time.

The language has nothing to do with perceptions or realities of cycling. Event organizers wisely decided to insure. Insurance company attorneys do their best to minimize risk with dense paragraphs of magic words.

Yeah. Big risk. Riding a Dutch bike @ 5 mph on a closed course. Geez.

It's amazing the Dutch are still alive.

oh, beautiful, for spacious skies, and ample waivers of pain.

Its amazing kids are allowed out in public in the USA anymore. Not so long ago in america, kids played out in the middle of the streets of America. There was a push for playgrounds in the US by none other than the auto manufacturers to clear the roads for automobiles.

This liability waiver is indicative of nothing in american bike policy thats a dealbreaker to making communities more livable and bikeable for all thru awareness raising and infrastructure. Chicago is on the right track, the dutch consulate sponsoring dutch bike rides is cute and awareness raising.

This singular waiver is not going to oppress people in Chicago from riding their bikes

the waiver may not supress the people of Chicago from riding their bikes, but signing this waiver means you believe cycling at 10 mph on a closed course to be a strenuous activity beyond the capabilities of people, and can cause severe and/or permanent injuries or death.

Since the good people of Chicago do not have to sign such a form for an event that involves a simple walk down the street in an event (they don't do they? I didn't see such a requirement to sign such a waiver on the Chicago walk for the cure event (http://www.avonwalk.org/chicago/)) it can be assumed riding a bike in such an event has to more dangerous.

I'd doubt if there has been any evidence of an elevated risk in all the Go Green, Go Dutch events throughout North America.

the waiver may not supress the people of Chicago from riding their bikes, but signing this waiver means you believe cycling at 10 mph on a closed course to be a strenuous activity beyond the capabilities of people, and can cause severe and/or permanent injuries or death.

Since the good people of Chicago do not have to sign such a form for an event that involves a simple walk down the street in an event (they don't do they? I didn't see such a requirement to sign such a waiver on the Chicago walk for the cure event (http://www.avonwalk.org/chicago/)) it can be assumed riding a bike in such an event has to more dangerous.

Here's the required waiver for the Avon Walk in Chicago (at least no helmet requirement):

"THIS WAIVER IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AVON FOUNDATION, INC. PLEASE READ THE ENTIRE WAIVER CAREFULLY.

1. I understand that my agreement to the terms of this Release and Waiver is a prerequisite for participation in the Avon Walk for Breast Cancer, including, but not limited to, training walks prior to the Event (collectively, the "Event"). I further understand that there are risks and dangers, including death, inherent in participating in the Event which consists of a walk of approximately 26.2 to 39.3 miles over two days.

My acknowledgement of having read, understood, and agreed to, the terms of this Release and Waiver is signified by my signature and dating of the front of this 2010 Registration Form.

2. As a condition of participating in the Event, I agree to and hereby do:

(A) assume any and all risks arising out of or in any way relating to my participation in the Event, and,

(B) on behalf of myself and my survivors, heirs, estate, personal representatives, and assigns, release and hold harmless
(i) Avon Products Foundation, Inc., Avon Products, Inc. and their affiliates, divisions, assigns, successors in interest, agents, servants, contractors, vendors, employees, officers, trustees, and directors, past, present, and future, and each of them, and
(ii) OP3, Inc., its agents, servants, employees, officers, directors, and assigns, past, present, and future, successors in interest, contractors, vendors (and their agents), and each of them, and
(iii) agencies, sponsors, officials, and volunteers, including training walk leaders, participating communities and clubs and all government and public or quasi-public entities including, but not limited to, the state, county, and local municipalities where each Event takes place (those listed in (i), (ii), and (iii) collectively herein called the "Released Parties"), from any and all claims, damages, liabilities, actions, or causes of action (including without limitation those relating to personal injury, property damage, and/or wrongful death) that I have or may ever have, whether known or unknown, and whether anticipated or unanticipated by me, and even if caused by the negligent acts or omissions of others, arising out of or in any way relating to my participation in the Event (collectively, "Claims").

3. The Release and Waiver herein constitute a complete, perpetual, and unconditional release, discharge, and waiver of any and all Claims against the Released Parties.

4. I understand and agree that the release and waiver herein will have the effect of releasing, discharging, waiving, and forever relinquishing any and all Claims under California law that I may have or have had on my own behalf and on behalf of my survivors, heirs, estate, personal representatives, and assigns, whether past, present, or future, whether known or unknown, and whether anticipated or unanticipated by me, arising out of or in any way relating to my participation in the Event. In making said release and waiver, I acknowledge that I have read and understood California Civil Code Section 1542 (quoted below) and expressly and voluntarily waive (on behalf of myself and said survivors, heirs, estate, personal representatives, and assigns) any and all rights I have or may ever have under such section with respect to any and all Claims released in this Release and Waiver. Specifically, Section 1542 provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

5. I understand that by agreeing to the release and waiver herein, I am assuming full responsibility for any and all risk of death, injury or property damage suffered by me while participating in the Event.

6. I understand that I am solely responsible for my health and safety in connection with the Event, and I acknowledge that I am physically capable of participating in and completing the Event."

PS: Kind of odd having the bit about California law in there - but I did indicate that my home address was in Calif., so maybe they customize it a bit.

PS: Found the exact same wording of a waiver form for a Canadian hockey tournament (with suitable substitutions for the name of the activity) at:
http://www.chailifelinecanada.org/hockey_register.php

The American Motorcycle Association uses a similar waiver for their events, and I had to take a stupid class in liability prevention so my motorcycle club could buy insurance from them for our annual campout. They were the only ones to offer insurance like that too, so it was a take it or leave it situation.

Hmmm... I didn't think anyone besides the lawyers bothered to study all those waivers. Other than a quick glance I know I sure don't.

Aren't the biggest cycling fearmongers also the biggest proponents of sidepaths for cycling?
What makes you think so? I didn't see anything in the OP, the cited waiver, or anything in this thread about proponency for sidepaths.

Here's the required waiver for the Avon Walk in Chicago

That's just crazy.


(at least no helmet requirement):

Well, that's something anyway.

all they really need to say is 'participate at your own risk' and/or 'participants assume all responsibility for their own safety'

I participated in the linked Vancouver (richmond, actually) event and we didn't have to sign a waiver. I didn't even have to wear a helmet (although they were provided).

This idea to sign a waiver like this is an example at just how cycling is understood to the mainstream. Pretty sad.

This is not cycling specific....pretty much any organized activity... walks, runs, etc will have this type of waivers some place....look on the back of the a ski ticket or a ticket to a theme park or similar and you will see this type of waiver. Cycling is equally victimized with other activities.

This is not cycling specific....pretty much any organized activity... walks, runs, etc will have this type of waivers some place....look on the back of the a ski ticket or a ticket to a theme park or similar and you will see this type of waiver. Cycling is equally victimized with other activities.

Evidently, and more so in some countries than others.