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private land owner waiver for snowkiting farmlands
http://snowkiting.com/forum/viewtopic.php?f=1&t=394
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Author:  Guest [ Thu Dec 18, 2008 2:31 pm ]
Post subject:  private land owner waiver for snowkiting farmlands

Are there any lawyers out there ,or any one for that matter, that have come up with a quick legal paper that one could give to a land owner who is not sure they should let you snowkite on their land? This could show that they aren't liable for any injuries.

Author:  spleeft [ Thu Dec 18, 2008 2:32 pm ]
Post subject:  Re: private land owner waiver for snowkiting farmlands

thats ,my message, forgot to login!

Author:  Kayakman [ Fri Dec 19, 2008 9:13 am ]
Post subject:  Re: private land owner waiver for snowkiting farmlands

Spleeft -- I haven't seen a release document specific to kiting posted on the web yet, but it's a cool idea to have a model out there.

Until that happens, you might try telling the landowner that state law protects them when they allow recreational uses of their property. The Intl Mtn Bike Assoc. says all 50 states, including ND, have laws that immunize landowners from liability for injuries sustained by visitors who are using the land for recreational purposes (assuming the landowner doesn't charge for access). IMBA has a color brochure for each state that talks very briefly about the issue.

http://www.imba.com/resources/trail_iss ... _pdfs.html

Some land owners may be happy enough with knowing the law exists; others will probably still want a piece of paper...

kayakman

Author:  nathan b [ Sat Jan 17, 2009 3:40 pm ]
Post subject:  Re: private land owner waiver for snowkiting farmlands

I personally have rode alot of private land and asking first usually works best , but I have also found sometimes its better to ask forgiveness then permission :wink:

found this waiver on our local kiting site Lakawa.com in the knowledge section under Riding Private Land:

I cannot figure out how to attach it so you will have to go to lakawa to find it , sry.

Author:  Guest [ Tue Jan 27, 2009 4:52 am ]
Post subject:  Re: private land owner waiver for snowkiting farmlands

Personally, I would have agreed with you on the "beg forgiveness later" thought, until I ended up talking to a judge 2 years ago for that kind of thinking. If the landowner wants to press charges, they can, because if you're using their land without obtaining permission, that's trespassing. I'd prefer to be given free reign to ride wherever looks good, but you should ask first so that you don't have to spend time in court defending your innocence.

Author:  Guest [ Tue Jan 27, 2009 2:03 pm ]
Post subject:  Re: private land owner waiver for snowkiting farmlands

I agree too.
The best thing is to talk to landowner and to become his friend!
When you're friends just give me a shout and I'll come to snowkite with you guys :)

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