There seems to be a misunderstanding about the risks and dangers involved when drifting at an organized (sanctioned) drift event. There are several legal terms that are used that may not be understood. This post is about discussing these terms, so that every person who is involved with an event can have a better understanding of 'why things are' the way that they are.

One of the most important terms used in Insurance (as used in sports or event coverage) is "Inherent Danger or Risk". Inherent danger or risk basically means that the activity has risks involved with the activity. In sky diving, "Inherent Danger or Risk" would be things like 'the parachute not opening', death, or serious injury, or something along those lines. In Drifting, the inherent dangers include hitting wall, hitting another car, damage to your vehicle, as well as death or serious injury.

So now you know what "Inherent Danger or Risk" is, what's this liabilty waiver that I sign at the event? The substance of a waiver is that it specifically advises the participant of an inherent danger relating to a particular activity, and that the issuer (Event promotor or facilty owner) will not be held responsible for any loss or injury which may occur as a result of their participation in an activity (i.e. disclaimer, hold-harmless clause). In signing the waiver, a participant willingly assumes the prescribed risks and the gives up the right to sue if adverse consequences result. A liability waiver can also be called a release, disclaimer or informed consent.

Okay, so you ask, "why does the event holder have to have insurance if I sign a waiver?". The insurance policy covers the event holder in the event of an unexpected accident. Anybody can sue, regardless of fault, waiver, or anything else, thats our wonderful justice system. The policy protects these entities from these proceedings.

and you're still scratching your head, aren't you? "If I sign a waiver, and the event holder has insurance, what do I have to worry about?". The answer? ALOT. Insurance is issued to cover an event under the premise that the event holder does everything in there power to hold a 'safe' event. If a semi-serious accident occurs at an event, and an insurance investigation reveals that certain safety criteria were not met, (no helmets on drivers, spectators allowed too close to the track with no barrier, etc) than they will find the event holder 'negligent', and may decline to cover the incident due to negligence. This might put the event holder on the line.

How does this effect you? Well, you see, the track has many avenues of security, but you don't. You signed a waiver stating you would not hold the event holder responsible in the case of an incident, but what's covering you? NOTHING. If you run 'off-course' and hit somebody, or run into another driver, you are liable and seeing as how your insurance company WILL NOT cover you while on a track, expect to get sued. You have NO PROTECTION.

The fact that you have NO PROTECTION is the reason why many TR members question the safety @ events that seem thrown together hap-hazardly.

Here are some questions you need to ask before attending an event:
What is the event holders track record with THIS type of event?
What is the event holders Safety equipment requirements and inspections?
What is the event holders expectations of you?
What is the event holders plans for driver orientation?
What is the event holders plans for spectator and driver safety while on-course?

The $25 you may spend now could add up to alot of $$$ after a nice lawsuit. I personaly hope that no TR or FloridaDrift member ever has to face this.

So in closing, there are inherent dangers and risks to drifting, but proper course setup, safety inspections, spectator control, and general guidance help produce a safe enviornment for all to play in.

Charles