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-   -   Not sure where this goes, so I will start here. (https://www.bikeforums.net/general-cycling-discussion/1035195-not-sure-where-goes-so-i-will-start-here.html)

noise boy 10-19-15 10:14 AM
Not sure where this goes, so I will start here.
 
So my question is doesn't the USA cycling release I signed as part of a cycling event permitted by them protect me from liability in the event of a crash during the event, assuming there wasn't willful negligence on my part?

Leebo 10-19-15 10:36 AM
You should not be discussing on an open forum like here. The ride organizers should have liability insurance for a permitted race. She ran into you, not your fault.

noise boy 10-19-15 10:36 AM
Originally Posted by hoodat (Post 18253351)
if your insurance company would be liable you can bet their lawyers will fight it but remember although you may (or may not) benefit from that fight they are fighting for the company, not you. If they find a way to dump you that will save them some money they will do it without blinking. It would be wise to consult your own lawyer to see where you stand.
nm

2manybikes 10-19-15 10:37 AM
Originally Posted by hoodat (Post 18253351)
If your insurance company would be liable you can bet their lawyers will fight it but remember although you may (or may not) benefit from that fight they are fighting for the company, not you. If they find a way to dump you that will save them some money they will do it without blinking. It would be wise to consult your own lawyer to see where you stand.
Correct. Also do not discuss this on the internet. Lawyers have computers too. I would go back and delete your other posts, and the thread.

noise boy 10-19-15 10:37 AM
Originally Posted by Leebo (Post 18253383)
You should not be discussing on an open forum like here. The ride organizers should have liability insurance for a permitted race. She ran into you, not your fault.
Agreed. See modified post :)

hoodat 10-19-15 10:45 AM
Originally Posted by 2manybikes (Post 18253386)
Correct. Also do not discuss this on the internet. Lawyers have computers too. I would go back and delete your other posts, and the thread.
Thanks for reminding us. loose lips sink ships as we said in WW2

Doctor Morbius 10-19-15 10:47 AM
Originally Posted by Leebo (Post 18253383)
You should not be discussing on an open forum like here. The ride organizers should have liability insurance for a permitted race. She ran into you, not your fault.
That's what I would think too, but sometimes the laws are screwy and upside down defying all logic.

OP, get a lawyer. It's going to cost you, but hopefully this suit will be dismissed.

JohnDThompson 10-19-15 01:27 PM
Originally Posted by noise boy (Post 18253313)
So my question is doesn't the USA cycling release I signed as part of a cycling event permitted by them protect me from liability in the event of a crash during the event, assuming there wasn't willful negligence on my part?
No, you have it backwards. The release protects them against any liability you may incur while participating in their event.

Read carefully:

https://s3.amazonaws.com/USACWeb/for...er_release.pdf

Nachoman 10-19-15 01:34 PM
Originally Posted by noise boy (Post 18253313)
So my question is doesn't the USA cycling release I signed as part of a cycling event permitted by them protect me from liability in the event of a crash during the event, assuming there wasn't willful negligence on my part?
No. Normally the waiver that you're signing means that you're giving up all your rights to make any claims against the organizers of the event.

edit: @JohnDThompson beat me to it.

noise boy 10-19-15 01:55 PM
Originally Posted by Nachoman (Post 18253966)
No. Normally the waiver that you're signing means that you're giving up all your rights to make any claims against the organizers of the event.

edit: @JohnDThompson beat me to it.
Correct me if I am wrong, but doesn't this paragraph pretty much state that everybody is on their own?

Originally Posted by USAC Release
I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLYDANGEROUS SPORT AND FULLY REALIZE THE
DANGERS OF PARTICIPATING IN THIS EVENT, whether
as a rider, official, coach, mechanic, volunteer, spectator,
or otherwise, and FULLY ASSUME THE RISKS
ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by
way of example, and not limitation: dangers associated with
man-made and natural jumps; the dangers of collision with
pedestrians, vehicles, other riders

JohnDThompson 10-19-15 02:02 PM
Originally Posted by noise boy (Post 18254035)
Correct me if I am wrong, but doesn't this paragraph pretty much state that everybody is on their own?
The release is an agreement between you and the event organizers and collective "releasees," nobody else:

I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I
AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT
TO SUE AND RELEASE FROM LIABILITY THE ORGANIZER
OF THIS EVENT, USA CYCLING, INC. (USAC), USA
CYCLING DEVELOPMENT FOUNDATION (USACDF), AND
THEIR RESPECTIVE AGENTS, INSURERS, EMPLOYEES,
VOLUNTEERS, MEMBERS, CLUBS, OFFICIALS,
SPONSORS, EVENT DIRECTORS, LOCAL ASSOCIATIONS,
AND AFFILIATES (COLLECTIVELY “RELEASEES”), AND
THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS
RELEASE IS A CONTRACT WITH LEGAL AND BINDING
CONSEQUENCES AND IT APPLIES TO ALL RACES AND
ACTIVITIES ENTERED AT THE EVENT, REGARDLESS
WHETHER OR NOT LISTED ABOVE.

If negligence or other fault of yours causes injury to another person, that is a matter to be settled between you and that other person. The event organizers and other releasees are "released" from any involvement in such a case.

Nachoman 10-19-15 02:05 PM
Originally Posted by noise boy (Post 18254035)
Correct me if I am wrong, but doesn't this paragraph pretty much state that everybody is on their own?
That section you quoted is simply you acknowledging the inherent dangers of cycling. The waiver or release section, must be somewhere else in the document.

noise boy 10-19-15 02:05 PM
Originally Posted by JohnDThompson (Post 18254059)
The release is an agreement between you and the event organizers, nobody else:

I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I
AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT
TO SUE AND RELEASE FROM LIABILITY THE ORGANIZER
OF THIS EVENT, USA CYCLING, INC. (USAC), USA
CYCLING DEVELOPMENT FOUNDATION (USACDF), AND
THEIR RESPECTIVE AGENTS, INSURERS, EMPLOYEES,
VOLUNTEERS, MEMBERS, CLUBS, OFFICIALS,
SPONSORS, EVENT DIRECTORS, LOCAL ASSOCIATIONS,
AND AFFILIATES (COLLECTIVELY “RELEASEES”), AND
THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS
RELEASE IS A CONTRACT WITH LEGAL AND BINDING
CONSEQUENCES AND IT APPLIES TO ALL RACES AND
ACTIVITIES ENTERED AT THE EVENT, REGARDLESS
WHETHER OR NOT LISTED ABOVE.

If negligence or other fault of yours causes injury to another person, that is a matter to be settled between you and that other person. The event organizers are "released" from any involvement in such a case.
Hmmm, we'll have to see what the lawyers make of it. I see what you are saying, but the "Fully assume the risks associated with such participation" says to me that you are on your own.

JohnDThompson 10-19-15 02:12 PM
Originally Posted by noise boy (Post 18254070)
Hmmm, we'll have to see what the lawyers make of it. I see what you are saying, but the "Fully assume the risks associated with such participation" says to me that you are on your own.
Indeed. I am not a lawyer, but I suspect that "fully assume the risks" includes being held accountable for actions that involve other participants.

noise boy 10-19-15 02:14 PM
Originally Posted by JohnDThompson (Post 18254096)
Indeed. I am not a lawyer, but I suspect that "fully assume the risks" includes being held accountable for actions that involve other participants.
Again, we shall see. One thing is absolutely for certain, I am never doing any sort of organized ride again, right now I am shopping for a bankruptcy lawyer as a back-up plan.

Homebrew01 10-19-15 02:19 PM
Originally Posted by noise boy (Post 18254035)
Correct me if I am wrong, but doesn't this paragraph pretty much state that everybody is on their own?
You could try posting here. There are a couple of USAC officials and experienced racers.

"The 33"-Road Bike Racing

noise boy 10-19-15 02:20 PM
I believe I will.

Retro Grouch 10-19-15 04:21 PM
How could a release that you signed to protect USA Cycling obligate a third party?


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