Legal Question in Real Estate Law in California

Re: Limit Liability

You set up a legitimate company and purchase insurance against this type of claim against your company and the landowner.

Re: Limit Liability

Besides proper business formation and insurance as mentioned by Mr. Nance, there are multiple additional things that can/should be done to limit yours and the landowner�s liability. Of course knowing more about your business plan would be necessary. For example, would riders bring their own vehicle or will you be renting them?

I have experience in business formation and liability assessment and would be willing to discuss some of the issues concerning your business plan to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Re: Limit Liability

Voluntary participation in inherently-dangerous recreational activities is an area where owners and operators have had a good amount of success in limiting liability by using well-written releases. Have a lawyer write it for you, and insist that he do a little research into what language is required or helpful in the release. The make sure no one gets onto your track as a rider or spectator without signing the release. For children, have a parent sign. Require proof of age from those who might be under 18.

Insurance is necessary; consult with an insurance broker with experience in similar businesses.

Use a business entity that provides personal liability protections, such as a corporation or LLC. Be sure it is set up, capitalized and administered by the rules.

Finally, a landlord/lessor of real property for this kind of use should insist upon indemnification from the lessee, and a well-drafted indemnity and hold-harmless agreement presented by the lessee might spark interest from an otherwise reluctant land owner.

Needless to say, you'll want to check zoning and use regulations before committing to a particular site!