Bicycling and the Law
Richard L. Duquette
EP69 Bicycle Store Test Ride Agreement and Covenant Not to Sue
Bicycle shops are wise to obtain a written release to protect their interests. What should a prospective client understand when he agrees to the terms and signs the document? Find out in this episode titled Bicycle Store Test Ride Agreement and Covenant Not to Sue.
It is important for bicycle store owners to educate their prospective clients about the agreement. Clients should understand the issues involved.
One issue is the place that the bicyclist is riding can be considered hazardous.
When a prospective client does a test ride, he should inspect the bicycle.
He may also need to wear appropriate shoes, clothing and a helmet. He must also follow the rules of the road.
A bicycle store or shop would be wise to explain where it is safe to do the test ride. They should educate test riders about existing pitfalls of the area.
Riders should understand the different types of risks. These include the risks in the route, sport, and rider behavior. In the end, it is important to be realistic and so avoid frivolous claims.
References for Bicycle Store Test Ride Agreement and Covenant Not to Sue:
To hear about the terms of a test ride, download and listen to Bicycle Store Test Ride Agreement and Covenant Not to Sue.
Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
Bicycling and the Law
Richard L. Duquette
EP68 Fairly Defining the Legal Risk of Bicycling
On this episode of Bicycling and the Law, Richard Duquette talks about fairly defining the legal risk of bicycling. A valid perspective requires we discuss bicyclists personal responsibility and protecting the business entities involved in bicycling. What makes a risk legal and what are some of the ways an insurance company can use to escape responsibility? Tune in!
There are a couple of ways for an insurance company to escape responsibility. Three ways are; a written release, primary assumption of the risk, and secondary assumption of the risk.
The written release expressly identifies the risk associated with bicycling. For example, it includes a collision with other bicyclists in a race or sliding out while turning a corner.
It is important to be clear and accurate when defining the risk. Otherwise, it will be considered an invalid release. Risks that are not associated with bicycling usually won’t be released.
How about in a controlled race course? In such cases, the government or the police are hired to manage the risk. Some argue that the validity of the release depends upon the scope of responsibilities.
There is a need to consider the totality of the circumstances.
There are situations that are not covered by the release. One of which could be in the case of defective equipment.
Insurance companies do not need a written release to argue that a bicyclist assumed the risk of injury. Written releases are helpful for event sponsors, directors, organizers and clubs.
References for Fairly Defining the Legal Risk of Bicycling:
To hear about other ways that an insurance company seek to escape responsibility, download and listen to Fairly Defining the Legal Risk of Bicycling.
Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!
Connect with Richard L. Duquette at the following links:
Email Richard
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette