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  1. #1
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    Help Planning an IMBA World Summit Workshop

    I will be leading a session on agreements between MTB clubs and landowners for the development of MTB trails and bike parks. I could spend hours discussing these development agreements; however, I will only have a half hour. I am looking for input so that I can narrow the focus of the session.

    Assuming that you will attend (or are the kind of person who might attend) what would you hope to get out of the session, a general understanding of the components of development agreements; some specialized knowledge about a particular contract provisions (insurance, indemnity, etc…); a sample agreement or checklist of key terms; something totally different?

    Any input is appreciated. Thanks.

    Aaron
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  2. #2
    featherweight clydesdale
    Reputation: Fattirewilly's Avatar
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    I'll break the ice here. I've been involved w/ a couple MOUs.

    1) What are the types of development agreements to consider besides MOU? Easements? Leases? Handshakes? Petitioning the local Board of Supervisors?

    2) Advantages of one type agreement vs. the other?

    3) Checklist of key terms and wording would be good.

    4) Insurance issues, how to get what you need, over coming landowners fear of liability, without absorbing liability for the entire property. Liability release forms, verse Certificates of Insurance, verse naming specific additional insured.

    5) Five minutes at end to hear about creative solutions others in class have done.

    I'm only coming at this from what I know, so I probably missing some stuff.
    Charlottesville Area Mountain Bike Club
    www.cambc.org

  3. #3
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    Reputation: traildoc's Avatar
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    Quote Originally Posted by smeets1 View Post
    I will be leading a session on agreements between MTB clubs and landowners for the development of MTB trails and bike parks. I could spend hours discussing these development agreements; however, I will only have a half hour. I am looking for input so that I can narrow the focus of the session.

    Assuming that you will attend (or are the kind of person who might attend) what would you hope to get out of the session, a general understanding of the components of development agreements; some specialized knowledge about a particular contract provisions (insurance, indemnity, etc…); a sample agreement or checklist of key terms; something totally different?

    Any input is appreciated. Thanks.

    Aaron
    Aaron:

    As an attendee, I would first of all like you to provide a handout of your best liability waiver to protect the bike club and landowner from a lawsuit by an injured mountain biker during a club event.

    Secondly, I would like a handout of ten of the most costly cases that incurred only defense cost and no payout to the injured party due to their assumption of risk.

    Thirdly, I would like to have you show me the common liability exclusions that might be used by the insurance company to deny the club or landlord defense at the time of a lawsuit. If the policy is not a comprehensive liability policy what endorsements are a must to provide the protection necessary for a typical club and landowner.

    Fourthly, I would like you to explain if you have ever experienced an insurance company not being able to pay defense costs or indemnity to an injured biker due to the negligence of the club or landowner because the insurance company had a low financial rating when the policy was originally written or was non-admitted in the state the policy was written.

    If you have any time left could you explain how an initial policy premium is developed and whether at the end of the policy term there can be any additional premium owed by the policy holder.

  4. #4
    saddlemeat
    Reputation: bsieb's Avatar
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    Quote Originally Posted by traildoc View Post
    Aaron:

    As an attendee, I would first of all like you to provide a handout of your best liability waiver to protect the bike club and landowner from a lawsuit by an injured mountain biker during a club event.

    Secondly, I would like a handout of ten of the most costly cases that incurred only defense cost and no payout to the injured party due to their assumption of risk.

    Thirdly, I would like to have you show me the common liability exclusions that might be used by the insurance company to deny the club or landlord defense at the time of a lawsuit. If the policy is not a comprehensive liability policy what endorsements are a must to provide the protection necessary for a typical club and landowner.

    Fourthly, I would like you to explain if you have ever experienced an insurance company not being able to pay defense costs or indemnity to an injured biker due to the negligence of the club or landowner because the insurance company had a low financial rating when the policy was originally written or was non-admitted in the state the policy was written.

    If you have any time left could you explain how an initial policy premium is developed and whether at the end of the policy term there can be any additional premium owed by the policy holder.
    Grab an extra set of those handouts for me TD. I'll be at the fashion show taking pictures, bring your thumb drive.
    A Useful Bear is a handy thing.

  5. #5
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    Thanks for the input. I will definitely spend time discussing insurance and indemnification and waivers. I will try to post a few sample waivers tomorrow.
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