[TheThinkTank] Thethinktank Digest, Vol 169, Issue 4

Tegan Moss [B!KE] director at communitybikeshop.org
Tue Oct 13 14:11:32 PDT 2020

We do not use waivers--our insurance company does not pressure us to
because they do not stand up in court. Personally, I also feel they are
quite problematic because they make people believe they do not have rights
when they actually do. It is the legal equivalent of gas lighting. Here in
Canada we are a lot less litigious than folks in the US so I think its also
seen as less of an issue.

We do have Directors and Officers insurance. Its pretty affordable for the
protections it offers.

Our insurance for liability and D&O is around $2,500 annually.

On Sat, Oct 10, 2020 at 4:03 PM <
thethinktank-request at lists.bikecollectives.org> wrote:

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> Today's Topics:
>    1. Re: Insurance for Collectives Offering Repair Services (Ron G)
> ---------- Forwarded message ----------
> From: Ron G <pedalmore at gmail.com>
> To: thethinktank at lists.bikecollectives.org
> Cc:
> Bcc:
> Date: Fri, 9 Oct 2020 14:49:48 -0700
> Subject: Re: [TheThinkTank] Insurance for Collectives Offering Repair
> Services
> Howdy--
> (Disclaimer: I am not a lawyer. I'll gladly take corrections from any
> sharper legal minds. Kevin Dwyer?)
> We are a DIY shop, and we have insurance. Our insurance does cover
> repairs, which is appropriate since our DIY comes with assistance, which
> often looks like doing repairs. I think insurance is important for any
> organization offering to help with bikes. One loose quick release could
> lead to big expenses.
> It's tempting to believe that since our organizations tend to have limited
> assets we're immune to lawsuits, that there's just nothing there to sue
> for. The problem is lawsuits will find other targets, like staff or
> volunteers with money or property. If they're lucky they'll be covered by
> homeowner's or other insurance, but not necessarily. So you could be
> opening your staff, board, or volunteers to liability.
> We'd also like to think that our friends and guests aren't the suing
> types. But people don't sue because they're jerks (okay, some do), but
> because they're desperate. They sue because our health care system sucks,
> and they'll be bankrupted by bills,
> And it's not hard to demonstrate in court that we are trusted resources
> who should know better than allow someone to install their own front wheel
> without making sure they understand how to use that quick release, the part
> responsible for more lawsuits than any other component.
> On this topic, I'm wondering a couple of things. We have a ponderous
> waiver for people to fill out, and I'd like to trim it down.
> Do most community shops use waivers, and is there any template?
> And, maybe more to the point, have any of you ever been sued, and, if so,
> did a waiver help at all?
> Happy Trails,
> Ron Georg
> Shop Czar
> Corvallis Bicycle Collective
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Executive Director
B!KE: The Peterborough Community Bike Shop
293 George St, Peterborough ON
(705) 775-7227
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