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Demo Ride Accidents/Damages

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Quote from the release previously posted, "I EXPRESSLY AGREE TO ASSUME THE ENTIRE RISK OF ANY ACCIDENTS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH, THAT I MIGHT SUFFER AS A RESULT OF MY OPERATING THE MOTORCYCLE AND PARTICIPATING IN THE DEMONSTRATION RIDE(S)."

It looks to me like you are accepting the responsibility for any damages to the bike. Read that first sentence, underlined portion, carefully.

Maybe, but what risks are they talking about? Risks of riding a motorcycle could cause injury or damage to you or your property that the dealership will not be liable for? It's not clear on what they are trying to state in the contract because of how it's written.
 
I am not an attorney but have been reading and writing business contracts for more than 10 years, some with my attorney. The language is plain that the rider accepts the "entire risk of any accidents, property damage and pesonal injury" meaning pretty much any and all consequences. this line does not exclude the dealership but does include the rider as responsible.
 
As I said, I am not an attorney, but I do know that the verbiage of ANY contract can be interpreted by a court of law.

However, in order for a contract (or any other civil complaint) to be enforced or recover, damages must be shown and proven to be the result of a contractee's actions. In this case, there is no way the dealer can attribute that any form of property damage was caused by a particular rider (see my original post for a description of how the incident was handled). I simply cannot see how this "release" could be upheld in court.

Times are tough right now... I understand that. But chasing "potential customers" for a couple hundred bucks (for damages incurred during a promotional event which you were hosting for potential profit) is very likely to cost them much more in the long term.

I have purchased a motorcycle from this dealership as well as referred another purchaser to them. I will not patronize them again.

As for anyone else thinking of riding in one of these demo rides, please do not be discouraged. I still think that the purpose of this event is to better educate on the bike that meets your needs the best. However, please be aware that any potential waivers you sign could cause you grief later on. Take the time to thoroughly inspect the demo bike before and after your experience. Take pictures if possible. Also, after watching the operation of the event, make sure that you are aware of, and comfortable with, the maneuvers being performed.

Ride safe... whether it is your bike or not.
 
JDPEagle,
You are right that there are two separate issues here, one is the written release and two is the ability to prove damages. With people riding and falling all day it seems it would be very difficult to attribute any damage to any particular rider.

I think this is a great reminder for folks to recognize their limits. If I was unfamiliar with riding an 800+ pound bike, I would be very hesitant to take a low speed sharp 90 degree turn into a stop in the first place. It took me several weeks of practice on my RK Classic to be comfortable doing this. What was the dealer or the local HOG thinking?? Shouldn't they have know better? How about screening folks before they hop on a bike they are not used to in order to avoid the bad feelings that will occur should something bad happen?
 
Maybe I'm missing something here but the demo rides around here are sponsored by the MOCO if i'm not mistaken and the bikes for the ride arrive in a 18 wheel tractor trailer. Where does the dealer come into play with that agreement if they aren't his bikes and making the people responsible ?
 
Maybe I'm missing something here but the demo rides around here are sponsored by the MOCO if i'm not mistaken and the bikes for the ride arrive in a 18 wheel tractor trailer. Where does the dealer come into play with that agreement if they aren't his bikes and making the people responsible ?

Same applies around here... but I did get an EMAIL saying anyone (with a license and gear) can go ride any bike at any dealership.

For MOCO sponsored events
Demo Ride Events | Harley-Davidson USA

The "super ride" is an advertised event
Harley-Davidson Super-Ride

Seems to me.... a sharp lawyer would have the dealership's lawyer for lunch.

On a PERSONAL note.... I wonder how many other riders got the same exact bill? Many folks would look at the bill, and figure, it would cost a lot more to fight it, so just pay.... $200 bucks a pop... time how many riders dropped each bike, will net a dealership a tidy sum.
 
OK Folks-


[*]The scratched fender would be returned to the MoCo as an alleged "damaged product upon arrival" and "hopefully" be replaced.

!

This part alone would keep me out of that dealership forever. Falsifies records
so he can steal from the company who enables him to be in business to start with. If he is comfortable with saying this to a total stranger, I could just imagine how many warranty claims he sends in that are padded. That is just wonderful. Keep Stealing from the MoCo. How does he sleep.
 
it would cost a lot more to fight it, so just pay.... $200 bucks a pop... time how many riders dropped each bike, will net a dealership a tidy sum.

This is a very good point, but also consider that most individuals carry deductibles of $250 or $500 on their motorcycle collision policies. If he were to quote a repair bill in excess of $250, he would risk an individual filing a claim with their insurance agency (which would undoubtedly result in an investigation and disclosure of the dealership's insurance coverage). This could also result in the vehicles VIN being identified as being in an "incident" or "accident" (extremely harmful if the dealer is trying to sell this bike as "new").

Draw your own conclusions...
 
What I would suggest here is for everyone wanting to know the answer is to call THEIR local dealer and run this scenario past them . Most likely you will be told that their insurance or the MOCO will cover any damages being it is a demo ride being offered by the MOCO.
 
What I would suggest here is for everyone wanting to know the answer is to call THEIR local dealer and run this scenario past them...

GREAT idea, Glider (as usual)! :bigsmiley12:

And for those who do, please post what their response was! It is fantastic that our community can educate and protect it's own from these types of business practices (especially in this economy).
 
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