Test Drive / Ride Liability Waiver

A recent thread which resulted in something of a tragedy for a member (no one hurt, bike damaged) led me to doing some digging and I came up with the following waiver which some might want to use along with 3 other pieces of "test ride" advice:

If you are selling a bike and someone is going to test drive it: a) no ride without an endorsement, b) you HOLD their license till done, c) have a signed check in hand as collateral as a minimum (obviously in the name of the name on the license and the license matches the buyer), and d) a liability waiver. Yes, its tedious, but it protects you from situations like this. If they are willing to abide then they either aren't serious or aren't trustworthy enough for you to risk your bike and liability.

Following is the text of a Liability Waiver a dealership in California has on the web. It is a good model. I have made a number of modifications to generalize "DEALER" or "DEALERSHIP" into "SELLER" and "SELLER LOCATION", added stress to "valid driver's license" and "specific type of vechicle", made the statement regarding "... voluntarily requesting ..." stand out, as well as added driver information beyond just name and signature ... I know who and where I am, I want a record of their contact info ... (Amusingly, as a dealership legal document, they misspelled "negligence", "negligent" and "release" ... I made the appropriate corrections.) *disclaimer: I am not a lawyer and have not formally studied the law in general nor contract law specifically. These changes were made to make these items stand out visually for anyone reading such a document to avoid any claims of "I didn't see that". One might even want someone to initial such items to be ultra safe ...


Test Drive Release and Waiver of Liability Agreement

I hereby represent and certify that I am at least 18 years of age and that I possess a VALID DRIVER'S LICENSE issued by the state of [xxx] that authorizes me to operate the SPECIFIC TYPE OF VEHICLE that I intend to test drive. I understand that the improper operation or use of ____________________________, such as failure to observe and obey all laws and safety rules, may pose a risk of serious injury to the operator of such vehicles. Although I am aware of the possible risks incident to operating such vehicle, I wish to take a test drive on a demonstration unit or other unit not entitled as a demonstrator unit. I desire to test drive a ____________________________ vehicle at the SELLER LOCATION named below to decide weather or not I wish to make a purchase.

I AM VOLUNTARILY REQUESTING A DEMONSTRATION RIDE AND I EXPRESSLY AGREE TOO ASSUME THE ENTIRE RISK OF ANY AND ALL ACCIDENTS OR PERSONAL INJURY, INCLUDING DEATH, WHETHER DUE TO NEGLIGENCE OR NOT.

I participate in the ride knowing the existing weather conditions, terrain conditions, and other conditions and factors which might affect this ride. For and in consideration of the opportunity to engage in a free demonstration ride of a ____________________________, on behalf of myself, heirs, personal relatives, successors and assigned, I give the following releases and agreement not to sue:
I DO HEREBY AGREE TO RELEASE FROM LIABILITY AND NOT TO SUE the SELELR named below, the manufacturer of the vehicle or vessel and each and all of their related companies, officers, directors, and employees, for injury, damages or death which occurs during, or as a result of my test ride. I forever release and discharge the SELLER named below, the manufacturer of the vehicle or vessel and each and all of their related companies, officers, directors, and employees, from any and all claims, demands, causes of action or liability of any kind whatsoever, which I may now or in the future have, known or unknown, which in any way result from or arise out of or during course of my demonstration ride of a ____________________________ vehicle when arising from the NEGLIGENCE of those persons released herein.
This Release and Waiver of Liability Agreement extends to any and all claims I may have with respect to the NEGLIGENT design, manufacture, repair, or maintenance of the vehicle which I will be riding, or with respect to NEGLIGENT conditions, qualifications, instructions, rules or procedures under which the demonstration ride is conducted. However I do not release any party from any intentional misconduct, recklessness, gross negligence or product liability claims.
I HAVE READ AND VOLUNTARILY SIGN THE RELEASE AND WAIVER OF LIABILITY AGREEMENT, AND further agree that no oral representations, statements, or inducements apart from the foregoing written agreement have been made. The Release and Waiver of Liability Agreement will be construed only as broadly as is permitted by applicable law.
DRIVER NAME (please print): _____________________________________________________________
DRIVER SIGNATURE: _________________________________________________________
DRIVER LICENSE #:__________________ EXP: ___________
DRIVER STREET ADDRESS: _____________________________________
DRIVER CITY: _______________________________
DRIVER STATE: ____ DRIVER ZIP: __________
DRIVER PHONE:__________________________
DATE: _________________________________

SELLER NAME: _____________________________________________________________
SELLER ADDRESS: _____________________________________________________________
CITY: ___________________________ STATE: ________________________ ZIP: _____________

 

Thanks!

 

Third parties could still sue you. The test rider can sign away his right to sue but his wife, children, parents can still sue for any loss their lawyer can dream up.

 

Thanks for that, Biff.

 

I've done and given test rides on a few different bikes. The usual policy in my neck of the woods is - you can ride on the back while I drive my bike, or, you put cash in my hand if you want to take it for a spin yourself. The bike comes back in the same conditon it left in, you get your money back. If it doesn't , you get the title transfered into your name.The idea of 'legal' paperwork is fine, but when push comes to shove, anyone can sue anyone for any reason. Going to court is going to be expensive no matter if you win or loose.