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Car Club - Legal Question... Ask the Lawyers

Discussion in 'The Hokey Ass Message Board' started by msuguydon, Oct 24, 2007.

  1. msuguydon
    Joined: Oct 5, 2006
    Posts: 545

    msuguydon
    Member

    Any legal types on the board..

    My buddy and I thinking about starting a no dues, no officers car club. Our hope is to get 15 or so liked minded people, we would get together once month and do something car related.. Maybe cruise somewhere for dinner/drinks, caravan to car related events, hang out , drink beer and lie about woman at someone's shop.

    We are being warned that we are opening ourselves up to liability issues because if someone got hurt, car damaged etc.. at a "Club Event" we could be sued.

    At what point do we go from a bunch of people doing things together to becoming a club? Do we have to have rules, bylaws, roster, charge money? What action makes it a club. If we become a club are we liable for injury etc,, at all club functions?

    Thoughts?

    PM's are A ok<!-- / message --><!-- sig -->
     
  2. squirrel
    Joined: Sep 23, 2004
    Posts: 59,980

    squirrel
    Member

    Will you be putting on any club events, such as a cruise or show? or will you essentially be acting as individuals attending other people's events?

    My guess is that you will have trouble getting "club" liability insurance if you don't have a formal club (bylaws, officers, etc). But if you won't be doing anything that opens you up for group liability (such as putting on your own club events), you won't need the insurance in the first place.

    I'm in a formal club, that has all the stuff including incorporation and liability insurance, and we put on our own events. I'm also "in" another "club" that is nothing more than an email list of a bunch of guys who go hang out together, travel together to other clubs' shows and cruises, etc. It sounds like you will be just like the second "club", and you won't need any of that bs, and each of you will be individually responsible for your own actions.

    caveat: I aint no lawyer!
     
  3. msuguydon
    Joined: Oct 5, 2006
    Posts: 545

    msuguydon
    Member

    No intention of putting on shows, cruise etc.. more the e-mail list kinda thing.....
     
  4. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus

    go to your local ****ty hall!...they can give you the paper work to get your club setup as a nonprofit org.....dont cost ****...then, you can travel as a club, setup beer tents and what not without much trouble...as long as you get permits and the like, it can travel to other states, towns, etc...but you have to show the gobment your records at the end of sesion..ie, if you did or didnot make any money as a club......
     
  5. Anderson
    Joined: Jan 27, 2003
    Posts: 7,560

    Anderson
    Member

    "Car clubs are gay." - Flt-Blk
     
  6. JamesG
    Joined: Nov 5, 2003
    Posts: 5,249

    JamesG
    Member

    Don't start a club. Just all get together and hang out.
     
  7. Gabacho_LBC
    Joined: Mar 12, 2007
    Posts: 70

    Gabacho_LBC
    Member

    Have some plaques made, run them in your cars, have some jackets/tshirts made and have a good time.
     
  8. tjm73
    Joined: Feb 17, 2006
    Posts: 3,676

    tjm73
    Member

    I don't see the need for legal advice. If their is no official club, dues, etc... Seems to me that liability would be no different than if you were alone.

    Sounds like you are just a group of guys that hang out together sometimes, follow each other to shows, etc...
     
  9. Lil' Billy
    Joined: Dec 9, 2006
    Posts: 1,088

    Lil' Billy
    Member
    from Georgia

    You guys could be the Tomato Chuckers CC. Or how about the Toxic Avengers CC? Sorry I've been watching cheesy movies all week.
     
  10. oldchevyseller
    Joined: May 30, 2004
    Posts: 1,851

    oldchevyseller
    Member
    from mankato mn

    sounds like LIFE
    just keep emailing or chatting let everyone know the cruise times or dates

    LIFE is too short to wanna be organized :rolleyes:


    liability wise

    hell if your buddies come over and trip on the front step you are liable

    having a cookout? and poison someone? same thing ,can be sued anytime by anyone for anything
     
  11. FuelFC
    Joined: Feb 12, 2003
    Posts: 764

    FuelFC
    Member

    Oh boy... Popcorn please and a box of milk duds. Oh and a large lemonade please.

    Don, you have the cell number. Call and we can save the flaming to your ***.

    In short unless you are going to do something of any value don't do anything!

    Just go eat work on some cars and have a beer. Best kind of club you ever weren't in.
     
  12. squirrel
    Joined: Sep 23, 2004
    Posts: 59,980

    squirrel
    Member

    wtf? have you ever set up a 501(c)3? it's not cheap...and it's not done through your local city hall either.
     
  13. BinderRod
    Joined: Jul 9, 2006
    Posts: 1,737

    BinderRod
    Member

    I don't think you have been to Wayland, Mo.
    The speed limit signs are on card board boxes and the streets are paved with M & Ms:)
     
  14. msuguydon
    Joined: Oct 5, 2006
    Posts: 545

    msuguydon
    Member

    Is that bacon I smell? Nope it's my *** :D
     
  15. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus


    well, thats what the gal at my city hall told me ........thats all I'm going off of....in order to get the lic. for a beer tent,wagon, etc, i had to set it up>>>> i couldn't last year for our show cause there wasn't enough time....she told me it dint take alot to set one up.......so...the what the **** ...should be aimed at Kathy , the town clerk , not me! I'm not a rollin law book! more of an alcoholic really!;)
     
  16. Chuck-A-Burger Ryan
    Joined: Aug 20, 2006
    Posts: 511

    Chuck-A-Burger Ryan
    Member

    Damn that's funny.:D
     
  17. Jalopy Jim
    Joined: Aug 3, 2005
    Posts: 1,867

    Jalopy Jim
    Member

    Hell :eek: Waylon Mo make Mayberry and Barny Fife look modern.:D
     
  18. squirrel
    Joined: Sep 23, 2004
    Posts: 59,980

    squirrel
    Member

    ok, that makes sense :)

    I just went thru the IRS **** for the kid's robotics thing....what a pita...
     
  19. Lil' Billy
    Joined: Dec 9, 2006
    Posts: 1,088

    Lil' Billy
    Member
    from Georgia

    The must have folks terrorizing folks on their vespas pretending to be Brando from "The Wild One." :)
     
  20. BinderRod
    Joined: Jul 9, 2006
    Posts: 1,737

    BinderRod
    Member


    The downtown has Reed's Resterant, Tattoo shop, Bar, Biker Shop and a load of real nice people
     
  21. pimpin paint
    Joined: May 31, 2005
    Posts: 4,937

    pimpin paint
    Member
    from so cal

    Hey,

    If ya enjoy what you're doing now as friends I'd suggest you avoid
    the club route at all costs! In the litigious society we've become, the
    moment you become an en***y you become a target. The filing of a
    501C3 Non Profit, libiality insurance, bookeeper fees and storage of
    any club ***ets arn't anything like the fun you're having now, but will
    become necessary at some point "if" you go the club route.
    Ya may wanna look up a copy of "Roberts Rules of Order" if you're
    going the whole nine yards of organization

    Good luck!

    S****ey Devils C.C.
     
  22. BuiltFerComfort
    Joined: Jan 24, 2007
    Posts: 1,619

    BuiltFerComfort
    Member

    What They Say about not doing anything formal. Corporations and LLCs and such are all about shielding you from taxes and liability. And there is no tiny wrong that someone can't find a s*******ing lawyer to sue somebody for. So go all the way or skip it.

    In a formal partnership you can be sued for your partners misdeeds - that's why people do Corporations. So unless you want to do the whole 9 yards with bookkeeping, dues, payments to govt each year, etc. - just keep it informal. Make sure each of your insurance (individually) is up to date, and don't sweat it. I wouldn't even call yourselves a club - just some guys who get together to share a similar interest - because a car club would sound like an en***y that could be sued. Someone gets drunk and smashes into a bystander - if you had the beer tent, you can get sued.
     
  23. TudorJeff
    Joined: Feb 13, 2007
    Posts: 1,133

    TudorJeff
    Member

    Scenic downtown Wayland, MO... one of my favorite places North of the Guadalupe River!

    [​IMG]
     
  24. jcruz
    Joined: Apr 5, 2006
    Posts: 298

    jcruz
    Member
    from Austin, Tx

    im no lawyer but i'd say somewhere right around here...

    i grow sicker of "scenester" **** everyday...maybe im gettin' old i dunno. thats real cool...outlaw carclub with legal representation.

    eat a bullet. please.
     
  25. J Man
    Joined: Dec 11, 2003
    Posts: 4,131

    J Man
    Member
    from Angola, IN

    write up a do***ent stating that everyone is responsible for their own dumb *** and make everyone sign it.
     
  26. UnIOnViLLEHauNT
    Joined: Jun 22, 2004
    Posts: 4,827

    UnIOnViLLEHauNT
    Member

    Nobody asked for Jcruz's opinion. That is because nobody cares what Jcruz things except for Jcruz.
     
  27. A 31 MO FO
    Joined: Nov 3, 2005
    Posts: 1,416

    A 31 MO FO
    Member
    from D/FW

    Flt-Blk is Gay?:confused:
     
  28. bobw
    Joined: Mar 24, 2006
    Posts: 2,376

    bobw
    Member

    I reactivitated the club I was in in the late 50's. Had club stickers made for the windshield, just like the originals. I didn't tell any of the old members about it so I am a club of one. Thinking of quitting though cuz there's still too much bickering.
     
  29. Im also thinking of starting up a club...or restarting an old club from the 50's. I don't know if this is forbidden but could some one Pm me their bylaws just so i can get an idea of what they consist of. I don't think i'll be able to find the original bylaws cause most of the guys are prolly dead.
     
  30. atch
    Joined: Sep 3, 2002
    Posts: 6,410

    atch
    Member

    and used tire rubber.
     

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