# Building A Legal Freeride Trail



## Finius T Flubberbuster (Aug 16, 2005)

A few of us are trying to build a freeride trail at a County run park and are in need of some advice.

HISTORY:
Existing mtb organization already established a relationship with the park manager and put in around 30 miles of XC trails. 
Mtb organization wants us to put in freeride trail and says they got approval from PM. 
A brief meeting is set up with PM to tell him we were going to make a DH trail – no details of stunts/features were discussed, keys to the park are handed out.
We put in 3 rock drops ranging from 3’ to 8’ and then put in 3 wooden jumps (wood takeoffs with log/dirt landings). People got wind of it and started coming to ride it before any warning signs were in place. One of the riders was a lawyer and was amazed that the PM let us put the stunts in. He said the wood may be considered an “attractive nuisance”. We told him the PM never saw any of it and he told us that liability may fall on our shoulders if any accidents happened on the man-made wooden features. The PM never walks the mtb trails.
We discussed with local mtb organization and they agreed that liability may be an issue. They thought everything would be covered under Recreational Use Statutes. Apparently they didn’t do proper insurance research before giving us “approval” to build the trail. 
We have since flipped over the wood and closed the trail.

QUESTIONS:
1. Without purchasing some sort of extra insurance through RJF or some other company, will the following be covered under Recreational Use Statutes?
a.	Natural rock drops 
b.	Jumps made out of rocks/dirt with log pyramid transitions
c.	Stacking up logs to get over a fallen tree which are intended to be rolled over but if someone decides to jump it…

2.	What steps need to be taken to get proper insurance so that wooden features can be added to the trail? I’m familiar with the IMBA Risk Management Plan and know that would be a big part of it.

3.	Is it a good idea to continue building the trail and implementing a, b, c listed above and adding the wood later if we get proper insurance?

Any advice here would be greatly appreciated. At this point it feels like we’ve just wasted a few $$ on tools/supplies and lots of time. We’d really like to do anything we can to get this thing rolling again.


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## cjohnson (Jul 14, 2004)

*Talk to a Lawyer.*

Every State will have a differ rec use statute. A statute may protect from a lawsuit, but can't protect you from somebody suing and the cost of defending yourselves.

Get the insurance, talk to a lawyer if you are still concerned, and have a risk management plan in place. Oh and read the imba book on Managing Mountain Bike trails.


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## cjohnson (Jul 14, 2004)

*re: the lawyer*

Don't talk to the lawyer who brought up the "attractive nuiscane" stuff. Why is he riding if he is amazed such places to ride exist?

subject change: An informal local group who got together to kayak was warned by an attorney that because they had an organized time and place to meet, they could be considered liable for any mishaps.

His example, a novice wants to tag alone and gets hurt or drowns. Since the outing was organized the group is liable for the safety of those in it.

The group told him that from now on the group would only paddle at random times and locations, with out any communication with each other beforehand.

The reality. They just stopped inviting him.


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## Finius T Flubberbuster (Aug 16, 2005)

Here's the PA Statute http://asci.uvm.edu/equine/law/recreate/pa_rec.htm 
If I'm reading it right, it appears that as long as a good risk management plan is in place that we would be free to build whatever falls withing the boundaries of the plan and we would not be held liable. However, someone would have to come up with the $$$$ to pay the lawyer to prove it in court, correct? The real question is...who? Could trail builders get sucked in or would it fall solely on the land manager?


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## JD Risk (Nov 7, 2005)

It's not the rider who happens to be a lawyer that is the problem. He just mentioned it out of courtesy. The main issue here is where does liability fall? We can work out all the details of how to construct a freeride trail with limited risk (suggestions are still encouraged), but we're having a tough time figuring out the level of risk we're taking by being involved in the trail building. We can do everything by the book and have the county approve things but it doesn't mean someone won't get hurt and go looking for someone to blame. If we proceed, we'll be working as volunteers building a trail on county land with county permission. Can we be targeted by someone looking for compensation? If someone goes after the county's insurer will the county's insurer go after us? I'm sure it's a possibility but can someone with experience explain the chain of events that can lead to such a scenario and the likelyhood of it happening? 

I'm sure the park has a decent level of insurance with the swimming, boating, and camping that already takes place at the park but we're hesitant to take the park manager's word for it and even having this discussion with him right now might kill this trail before it gets started. There are other avenues for this sort of trail building that are completely under the radar but it sure would be nice to have a legitimate freeride trail where you don't have to worry about it getting wrecked and being discrete about building.


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## formica (Jul 4, 2004)

Based on my understandings, you should have a risk management plan, and then it gets reviews/approved/declined/adjusted by the county's lawyers. Once the county management approves the plan, and you follow it, that shifts most of the risk to them, not to you. If you are following the the due process for building approval and record keeping, according to a plan that would be approved by the park management, that puts them as number one for risk. That doesn't preclude your group from having insuance, however. 

We've gone through this too. We were shut down until we could get "due process " (logging the approval/building/maintenance) into place.Government park management entitles are used to this kind of thing, or they can be educated using examples from elsewhere.

Sure you can be targeted. That is why your group should have insurance out there. Lawyers for plaintiffs will go after whoever they can, deepest pockets first.


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## mnwfrank (Feb 2, 2006)

*shoot me a message*

There are a lot of myths about insurance, but the bottom line is if you are building a trail, you will want to have insurance. Recreational Use Statutes cover or limit the State's liability, but they do not cover all parties involved, just the legal land owner. Additionally, they can not stop someone from suing. There are plenty of people and organizations that have gone bankrupt defending themselves. Insurance will pay for your lawyer if you have done everything according to plan. 
Thats good that you have a risk management plan (or at least have one in the works) as that will make it easier to get insurance. I would also recommend not using any lumber as it does not hold up for the long term, even treated lumber will degrade with the kind of use you are talking. If you are in PA, there should be more than enough rock to build drops and lips. Additionally, they are less intrusive on the landscape, and less likely to draw the ire of someone who doesn't like bikes. 
I am dealing with a bunch of clubs in the region helping them get exactly what you are looking for off the ground. Shoot me an email at Frank dot Maguire At IMBA dot Com. It sounds like you are doing everything right, but you don't want this to trip you up later.


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## Fattirewilly (Dec 10, 2001)

Finius T Flubberbuster said:


> A few of us are trying to build a freeride trail at a County run park and are in need of some advice.
> 
> HISTORY:
> Existing mtb organization already established a relationship with the park manager and put in around 30 miles of XC trails.
> ...


Are you and your fellow builders members of this local club?

Since the club has already built 30 miles of trails, they already have some level of exposure. This local club should already have some kind of insurance that covers trail maintenance and trail building. It should be a simple process for you to piggyback off that coverage.

Do your stunts have "ride around" options and low consequence "qualifiers"?


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## redriderbb (Aug 30, 2005)

*A few things...*

Frank...come on man share the info, you are IMBA. Let's have this be a public discussion.

OP. - 
1. Without purchasing some sort of extra insurance through RJF or some other company, will the following be covered under Recreational Use Statutes?
Rec Use stuff typically only covers the management agency and does not cover the builders, unless they are paid staff for the management agency.
a. Natural rock drops 
This depends on the "spec" of the trails, in PA with all of the rock, a built drop may not be that big of a deal.
b. Jumps made out of rocks/dirt with log pyramid transitions
Log Pyramid Tranny = SKETCHY. If you are going to do it do it well.
c. Stacking up logs to get over a fallen tree which are intended to be rolled over but if someone decides to jump it&#8230;
Sounds kind of subjective...this one is in the "grey area" to me.

2. What steps need to be taken to get proper insurance so that wooden features can be added to the trail? I'm familiar with the IMBA Risk Management Plan and know that would be a big part of it.
Frank can step in here, I know IMBA just got new insurance and he may be able to fill you in on what qualifies.

3. Is it a good idea to continue building the trail and implementing a, b, c listed above and adding the wood later if we get proper insurance?
Wood is great for some things, but you better know how to build it. If you are building stacked log trannies, you probably aren't there yet. In a number of situations wood is the best option, but do you dry pin it? Nail it? Screw it? All of these are the right answer in the given situation.

Any advice here would be greatly appreciated. At this point it feels like we've just wasted a few $$ on tools/supplies and lots of time. We'd really like to do anything we can to get this thing rolling again.

My $.02 - This is where certain pros out there make a big differnece. It is really easy to figure out what you want, then write a grant and hire a pro to build it well, build it right and build it like you want. Then, we assume a lot of the responsibility and risk. This allows you more time to ride your bike and less dealing with the BS time. We do this as our job and it is...a job !


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## mnwfrank (Feb 2, 2006)

*In today's economy Ben...*

your .02 cents is worth about .0125.
But your advice is all pretty spot on. Most of the reason I asked them to send a message is that since we are both in PA, I actually may have more useful knowledge that may only be directly applicable to them.


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## JD Risk (Nov 7, 2005)

Frank 

I sent you an email. Thanks.

Everyone else,

Thanks for the input, it was helpful. I guess we'll have to talk it over with the right people (insurance agent, park officials) and see what is acceptable. We'll post progress. In the meantime, anyone have any examples of similar trails on public land?


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## AlexJK (May 2, 2009)

You don't Freeride on a trail, silly goose.


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## redriderbb (Aug 30, 2005)

*The golden goose..*

Look into the trail system at Santos, FL...specifically the Vortex Red Trail. This is a state owned trail system, but has much of the stuff you are talking about. They have a lot of wooden features as well. Contact Rob at OMBA. There are also Freeride Elements on a County managed trail in Sugarland, TX contact Woody from Progressive Trail Designs about it. I have a hand full of other examples as well, things I have done, check the website pumptrackbuilder.com and look through the portfolio for what you need. This is what I focus the business on, as you are finding, there is a huge need. If you keep having a hard time with answers you are looking for, feel free to also get in touch with me. Email is on the blog.

Good luck man,
Ben


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## Boulder Pilot (Jan 23, 2004)

Don't resume building until your project has been approved by the appropriate County department. Park Managers rarely have the authority to authorize this type of project.

Rec. use statute will not protect you. Your mtb. groups trail building insurance will not protect you. If this project went through the correct process, as Formica outlined, all of the parties involved would have a clear understanding of what is expected from each party, the responsibilities, and how liability is addressed.

I personally have been involved in a project that was "approved" by a land manager, only to find the land manager didn't have the authority to approve the project. I also know a person that contacted a utility co., received "approval" to build stunts on the side of the utility co. easement road, was served with environmental code violations from the city, and has spent over $6,000 out of his pocket to have an engineer draft plans to return the site to its previous condition. By the time my city is done with him, he will have to pay $10,000-$20,000, out of his pocket.

I thought I was doing everything right. So did my acquaintence. We had plans, RMP's, but more important, asked permission from the authorities. There is much more involved in my neck of the woods than this. 

Someone posted "sounds like you are doing everything right". You are not. You have been led to believe you have the proper authorization for this project when in fact you don't. Trying to do "the right thing" and "believing you're doing the right thing" will not provide you any defense in a court of law should one be injured on something you built and decides to file a lawsuit. Please seek competent legal advice and keep us posted on your progress.


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## ebxtreme (Jan 6, 2004)

I'm surprised you just got "handed the keys" without any talk of the routes, features planned, etc. Did the County PM have a clue as to what you guys were even considering?

Two great people to speak with are Juice or MWestra here on mtbr. Both have been super involved with building the Colonnade and Duthie Hill bike parks in the Seattle area - both of them are on City and County park lands. Mitigating risk is a lot easier than you think, but it's gotta be well planned and you've gotta get buy in from your park managers.

EB



cjohnson said:


> The group told him that from now on the group would only paddle at random times and locations, with out any communication with each other beforehand.
> 
> The reality. They just stopped inviting him.


Hilarious....exactly what I would've done!


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## Fattirewilly (Dec 10, 2001)

Boulder Pilot said:


> Your mtb. groups trail building insurance will not protect you


If it's through the new provider for IMBA affiliated clubs it will. There's like a $1.50 per member "add on" for clubs building stunts over 36" in height, with a teeter totter being the lone exception. But don't take my word on it, call'em yourself.


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## Boulder Pilot (Jan 23, 2004)

I should clarify. I did not want the OP to assume that standard mtb. organization issurance would provide the necessary coverage for his project.



Fattirewilly said:


> If it's through the new provider for IMBA affiliated clubs it will. There's like a $1.50 per member "add on" for clubs building stunts over 36" in height, with a teeter totter being the lone exception.


IMO, if a project is legit, all of these questions about liability and insurance would be answered. When all the stakeholders are on board, a proposal which describes in detail what, (how, by whom, when, where, etc.) will be constructed is approved by the proper entity, meaning has the authority to actually approve the project, all of the details will be worked out between all involved. Whenever one finds themself in a situation such as the OP is in, where construction begins before you have an official legal document that clearly states how your ass is protected, you are being set up.

Land managers that operate this way are doing a great disservice to the mtb community and future mtb access. Without proper approval, the land managers are creating illegal building situations that, again, without proper approval, they can't be held responsible for and will surely take whatever actions to cover their own butts.

"JD Risk" mentions he "doesn't want to take the Park Managers word" and fears "having this discussion with the PM may get this project killed before it gets started". Words need to be on paper and approved. The fact that "partners" cannot discuss basic relevent topics of a project should raise the red flag right there. That type of "partner" is not one I could count on for anything, let alone back me up. He'd be too busy covering his own a$$.


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## Trail Ninja (Sep 25, 2008)

In British Columbia, I asked my lawyer about a stack of logs to get over a downed tree and she said if I put it there it's no different than if I built a ladder there. I assume the same would be true for a pile of dirt or a pile of rocks. Fortunately in my case as a registered volunteer for the local regional district (like a county) I'm covered by their insurance.


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## zrm (Oct 11, 2006)

Really surprised that you where "handed the keys" without some sort of detailed discussion with the park staff on the what, where, and how. Generally parks of all kinds, be they national, state, county, or municipal have standards and guidelines for projects. This part of the whole thing sounds a bit off to me. If you haven't already, I'd go to the top of the chain of command to get everything out in the open and make sure everyone understands one another. Might save you some trouble later.


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## Uncle Six Pack (Aug 29, 2004)

cjohnson said:


> Don't talk to the lawyer who brought up the "attractive nuiscane" stuff. Why is he riding if he is amazed such places to ride exist?


You are taking things out of context. I won't speak for him, but he knows what he is talking about. Have you seen the trail in question?


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## Finius T Flubberbuster (Aug 16, 2005)

Thank you to all who repsonded...lots of info here to point me in the right direction. Just not sure if its worth all the hassle. Seems like it will take around a year or so to get a 3 foot drop approved. I guess we'll see how things progress.


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## thumpduster (Nov 19, 2008)

Its worth it. Totally worth it.

What gives many gravity types a bad image is that they (not talking about you) think it is _not _worth it. "**** it bro, let's build some sick lines..." is something I've heard plenty of times and only perpetuates bad stereotypes and hurts access for everyone. I've spent a lot of time lately undoing the damage done by this type of attitude and behavior at a trail system I work on.

I think what you are doing is awesome. The system will work, but its far from instant gratification. Keep at it. It will be so very worth it in the end. You are leading by example, and that's something every segment of the trail building and riding community needs.


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## wormvine (Oct 27, 2005)

This is sort of a side thought but IS the liability created because they built the stunt or because they "designed" the stunt. A contractor follows the architects plans. It's not the contractor's fault if the spec'd beam fails to support the load...Is it? A lawyer would say "everyone but his client is at fault".

Is the carpenter who builds the ramps and skinny's for a county "freeride" park liable? Who approved that the structure was soundly built. There is no building code for woodwork.

Based on what I have read here and elsewhere, The trail builders need to have the trail laid out and jumps/drops approved by the proper authority before they build anything. County engineers need to look at it and approve the man made structures. Just like a bridge across a creek on a NF trail, Some sort of standard in feature construction needs to be followed. And those standards are better determined by someone in county/city gov than the bikers and builders.
Examples of stunt features can be taken from a successful bike park such as Whistler.

I think that the real liability of this issue is that the OP designed *and* built the trail and it's features. Everyone can blame him when someone gets hurt. 
Bottom line: IMO
Someone in gov. authority needs to approve the design in writing and contract out the building of the trail. Then it won't matter who builds the stunts. If the OP really wants to be a trail design consultant, They will need liability insurance and some structural engineering training at the very least.

What sucks about all this is that the amount of red tape to complete this project has exploded.


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## Finius T Flubberbuster (Aug 16, 2005)

That makes perfect sense to me. I don't think the PM really understood what "freeride" or DH really means and was probably thinking "its only mountain biking". If someone were to get seriously hurt however, I'm sure the fingers would have started pointing.
I'm going to give it a try and lay out a plan and run it by the park manager for approval. I just hope by making the trail "safe" it doesn't dumb it down too much.


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## ebxtreme (Jan 6, 2004)

You realize there are already well documented standards out there that you can cite, eh?

In particular, I'd use as much of the Whistler Trail standards as possible. I'm talking about the standards created by the municipality (not the bike park) many years ago....I think even IMBA is using these nowadays as well. Anyway, PM me your email address if you want to use these to start your documentation process. We use them with our local land manager as a way to show we're mitigating risk in everything we do.

Cheers,
EB



Finius T Flubberbuster said:


> That makes perfect sense to me. I don't think the PM really understood what "freeride" or DH really means and was probably thinking "its only mountain biking". If someone were to get seriously hurt however, I'm sure the fingers would have started pointing.
> I'm going to give it a try and lay out a plan and run it by the park manager for approval. I just hope by making the trail "safe" it doesn't dumb it down too much.


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