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19 May 2003, 21:46 (Ref:603994)
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#1 | ||
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Racer
Join Date: Mar 2002
Posts: 271
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Race Hire Agreements
I am curious to know whether anyone out there who hires a car to race signs any agreements with the owner of the car to indemnify the owner etc. against possible damage to themselves or the car or whether it is all done on a trust basis as seems to be the case...
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19 May 2003, 22:01 (Ref:604003)
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#2 | |
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Veteran
Join Date: Apr 2002
Posts: 1,537
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I have rented cars out and have also rented cars for me to drive and never without a contract although some who rented out to me were not too keen to supply one...
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19 May 2003, 22:19 (Ref:604023)
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#3 | ||
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Racer
Join Date: Mar 2002
Posts: 271
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Thanks for that JR, can you give me some indication of what you would include in a contract. PM me if you prefer...
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20 May 2003, 07:26 (Ref:604297)
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#4 | |
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Veteran
Join Date: Apr 2002
Posts: 1,537
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Basically:
What the hirer (car owner) takes responsibility for What the hirer disclaims responsibility for What the driver is responsible for What the driver is not responsible for What is the definition of 'damage' eg. engine problems |
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20 May 2003, 12:30 (Ref:604624)
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#5 | ||
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Veteran
Join Date: Oct 2001
Posts: 1,168
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I've hired/rented for a few seasons without ever signing anything. Seems it was more of a gentlemans agreement (even though there were no gentlemen involved).
It probably depends on who you are hiring/renting from. How well you know the team owner? Value of machinery? etc... |
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__________________
Growing old is mandatory. Growing up is optional.
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20 May 2003, 12:31 (Ref:604626)
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#6 | ||
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Veteran
Join Date: Oct 2001
Posts: 1,168
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Just to add: I never even had to part with a deposit. I know others that did though!!!
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__________________
Growing old is mandatory. Growing up is optional.
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20 May 2003, 12:33 (Ref:604631)
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#7 | |
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Veteran
Join Date: Apr 2002
Posts: 1,537
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Think about a suspension breakage and then you hit and kill someone. Driving or hiring out without a contract is madness...
Last edited by JR Ewing; 20 May 2003 at 12:33. |
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20 May 2003, 12:40 (Ref:604648)
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#8 | ||
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Veteran
Join Date: May 2000
Posts: 4,380
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JR - that sort of thing is covered by your MSA racing licence anyway..
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__________________
This planet is mildly noted for its hoopy casinos.
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20 May 2003, 12:43 (Ref:604651)
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#9 | |
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Veteran
Join Date: Apr 2002
Posts: 1,537
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Not between car owner and driver it isn't! Like who is responsible for what...
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20 May 2003, 18:47 (Ref:605168)
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#10 | ||
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Racer
Join Date: Mar 2002
Posts: 271
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Looks like we think in the same way JR! My concern is if someone is hurt when driving your car, or worse, might there be a legal liability on the part of the owner of the car? IMHO a contract is essential. An interesting debate ensues....
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20 May 2003, 22:23 (Ref:605375)
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#11 | |
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Veteran
Join Date: Apr 2002
Posts: 1,537
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It's the type of thing you will, in all likelihood, get away with but - if you don't - it will bite you long and hard!! Advice: contracts are essential to protect ALL parties...
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24 May 2003, 10:28 (Ref:608591)
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#12 | ||
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Veteran
Join Date: Jul 2002
Posts: 6,704
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JR I think your comp licence covers all this, read the signing on sheet. Though I did sign one the first time I hired I havn't done since.
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__________________
Chase the horizon
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25 May 2003, 20:52 (Ref:609877)
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#13 | |
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Veteran
Join Date: Apr 2002
Posts: 1,537
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Nope, don't think your licence does not cover any such litigation with teams and/or car owners as well as provate prosecutions from any others...
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27 May 2003, 15:49 (Ref:611562)
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#14 | |
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Veteran
Join Date: Apr 2002
Posts: 3,664
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The MSA insurance covers you for injury you may cause to others and probably avoids you being sued by a circuit owner for damaging his circuit if you were to be sued (unlikely).
IT doesn't deal with the fact that you have caused x thousand pounds of damage to the vehicle you have hired. Also if you are injured because of a fault with the car you may wish to sue the owner of the vehicle and it would be helpful to have a contract that stated who's responsibility it is that the vehicle is safe and whether you have any liability for the safety of it. Doing something like this without a contract is very naive and asking for trouble - you'll get away with it 90% of the time but when it all goes pear shaped you'll wish you'd dealt with it properly. |
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