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@lists.bikecollectives.org> wrote:

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1. Re: Insurance for Collectives Offering Repair Services (Ron G)

---------- Forwarded message ---------- From: Ron G pedalmore@gmail.com To: thethinktank@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 _______________________________________________ Thethinktank mailing list Thethinktank@lists.bikecollectives.org

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