AWWWWWWSOME!

well, it sounds like this is getting better..... what's this about loosing your job though? did i miss something?

Obviously, the kid went home and told his dad, expecting his dad to do what you thought he was going to do when he showed up, only to find that dad was more than a little miffed at his lying and irresponsibility. Goes to show that given the chance, the normal moe and joe and pretty decent folks, its the ones one the prowl of which you have to beware ...

General 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 aren't willing to abide then they either aren't serious or aren't trustworthy enough for you to risk your bike and liability. Suddenly, I think this could make a good document to make generally available ... I feel another thread coming on ...


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: _____________

That is great advice and if I decide to sell again I will print it out and use it. As to losing my job that is how this thread started. My employer told me I was fired unless I got a car so I could transport clients. So I was selling the bike to buy a car.

Put that form up and sticky it!

Good idea guys.

Eric, that sucks, but sounds like you're gonna be better off. I'm unemployed too.... sometimes no job is better than putting up with s**t like that....

ericesch wrote:

That is great advice and if I decide to sell again I will print it out and use it. As to losing my job that is how this thread started. My employer told me I was fired unless I got a car so I could transport clients. So I was selling the bike to buy a car. Put that form up and sticky it!

Explain what happened, ask him to loan you the money to buy the car ... see if he might be willing to be reasonable ...

To late. Because I couldn't show up for work today he called me to inform me I was no longer employed there. Just in time to prevent me from drawing unemployment, What a coinkydink!

ericesch wrote:

To late. Because I couldn't show up for work today he called me to inform me I was no longer employed there. Just in time to prevent me from drawing unemployment, What a coinkydink!

File anyway!!

I don't think unemployment will agree with his "justification". His demand fell outside of the conditions under which you were hired and he did not provide adequate time/resources in order for you to comply to what most would consider to be unreasonable demands. I was in a situation where the employer changed conditions of employment to a situation where it was not physically possible for me to adhere to their changes so they fired me. Employer tried to deny my unemployment and the state gave my employer the bird, essentially. I was forthright and honest with the state: told them the conditions of my employment, the change, and how I was unable to comply with the changes. DO NOT STRETCH THE TRUTH!. If you get caught, and probably would, they would almost certainly rule against you. For me,. the State agreed that termination was not justified to prevent benefits. Employer tried to contest, twice. State ruled in my favor both times - that's 3 wins counting the initial ruling. In most states, it could have easily been turned into a wrongful termination lawsuit, but Ohio is one of the two or three worst states in the nation with regard to worker rights/protections. I don't know anymore, but Michigan used to be pretty good at that ...

The problem is not his justification but the fact I have not been employed long enough to be eligable to draw it. 90 days of employment after many years of owning a business and not contributing to unemployment compensation is the problem.

Fhuckkkkkkkk thats a messed up turn of events.

Glad to hear you're getting money for the repairs, sucks you're out a job.

However, by the sounds of it, you're better off not working for that chatch anyway.

just out of curiosity, where is it that you worked?

Best of luck to you in the future man.

Not only where, but what? What type of work do you do? I know some people who live in the area of St. Johns.

Out of Curiosity, what do you do for transportation in the winter if all you have is a bike? I couldn't imagine driving on 127 during the winter, let alone may of the other roads around there. Not only would I be afraid of going down on my own, but trying to evade the cage drivers ... pure nightmare. It would be like running a gauntlet or playing Russian Roulette with five out of six chambers loaded.

I just moved back here after 25 years in Arizona. I was going to buy a truck by winter. I hadn't seen a temp below freezing in a long time.