Endurance.Net Ridecamp Archives

CK wrote:
> Isn't AERC supposed to set a good example? What about insurance issues?

There are no insurance issues.  All AERC members are now required, as a 
condition of membership, to sign a release which contains a clause which states 
that they promise not to sue AERC or file an insurance claim, even if someone in 
ride management is negligent and causes grave bodily harm or loss.  This is 
known as an "agreement not to sue" clause.

Most of the membership has dutifully signed this release.  Many are under the 
assumption that you "cannot sign away your right to sue".  They are wrong.  In 
California, where all lawsuits against AERC or its agents must be filed, this 
type of clause has been upheld in our courts.  The only times I know of where an 
agreement not to sue clause has been stricken down are 1) a parent signs the 
release for a child, 2) you can prove you were coerced into signing the release 
and 3) the clause is ruled against public interest.  But for plain vanilla 
sports endeavors, if you sign the release, get hurt and then try to sue, your 
lawsuit will be dismissed "as a matter of law", ie, you do not even get to argue 
your case.  You signed the release so you can't win the lawsuit.  It is 
dismissed automatically.  Period.


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