Contracts are critical tools for race directors to protect their business assets, ensure that they receive goods and services that were committed to them, and to manage business risks. Click here for an overview of Contracts in the Sport of Trail Running.
Here’s a structured breakdown you can use whenever you’re preparing contracts with landowners for trail racing events. I’ve organized it into two sections, Key Differences: Private vs. Public Land and Core Elements for All Contracts, followed by a sample contract template you can adapt.
Key Differences: Private vs. Public Land
Private Landowner
- Flexibility: Negotiated directly with the owner; can result in a faster agreement and more opportunity to define terms.
- Payment: Could be a flat rental fee, revenue share, or per-participant fee.
- Liability: Typically requires proof of insurance naming them as “additional insured.”
- Negotiation Style: More informal at times, but can vary based on owner’s risk tolerance and expectations.
Many races take place on private lands such as private conservation areas or ranch properties. In some cases this may be due to advantages to hosting a race on private property, while in other cases private land may be the only option. Every private property is going to manage access and contracts uniquely.
Public Lands (City, County, State, Federal)
- Permitting: Must apply for an official permit, sometimes months in advance.
- Fees: May include application fee, usage fee, environmental/impact fee, ranger staff coverage, or maintenance.
- Insurance: Always mandatory, often with higher coverage requirements.
- Compliance: May require environmental studies, safety plans, or even public comment review depending on the land authority.
- Timeline: Typically longer to secure compared to private arrangements.
The majority of trail races in the United States take place on public lands, from city parks to national forests. These public lands are typically administered through very systematic approaches. Sometimes the permitting and contract process can be very simple while in other locations it might be extremely complex. It's important to understand what is being asked of you as the race director and to carefully review all aspects of any contract/permit that you are entering into. It is unlikely that you will be able to negotiate much about the terms of a contract when putting on a trail race on public lands.
Core Contract Elements to Include
- Parties – Full names, titles, and contact information for both Landowner and Organizer.
- Grant of Access – Exact property details, GPS coordinates if necessary, and course map.
- Dates/Times – Setup, event day(s), teardown.
- Permitted Use – Nature of the event (trail race, festival, etc.) and restrictions (fires, camping, alcohol).
- Fees & Payment – Rental fee, revenue share, or participant fee + payment schedule (deposit/final).
- Insurance & Liability – Proof of insurance ($1M–$5M common); landowner named additional insured.
- Waivers – Participants, staff, and volunteers sign liability waivers.
- Responsibilities – Who handles security, cleanup, medical coverage, utilities, etc.
- Compliance – Event must follow local/state/federal laws, and environmental protections if public land.
- Indemnification – Organizer covers the landowner against lawsuits/claims.
- Damages – Security deposit terms, repair costs, and repayment obligations.
- Termination – Conditions for cancellation, refund schedules, and force majeure.
- Signatures – Both parties, with optional witness or notary.
Sample Land Use Agreement (Private Land)
This is a non-legal template for inspiration only. Always have an attorney review before use.
LAND USE AGREEMENT
This Land Use Agreement (“Agreement”) is entered into on this ___ day of ______, 20, by and between:
Landowner: ______________________________
Address: ___________________________________
Organizer: ______________________________
Address: ___________________________________
(Collectively, the “Parties.”)
1. Grant of Permission
Landowner grants Organizer the right to use the property located at [Property Description / Address / GPS Coordinates] (the “Premises”) for [Event Name] on [Event Dates including setup and teardown].
2. Permitted Use
The Premises shall be used exclusively for:
- [Event operations: start/finish, aid stations, parking, etc.]
- Event setup and teardown.
No other uses are permitted without written consent.
3. Term
This Agreement shall begin on [date] and end on [date], unless terminated under Section 12.
4. Fees & Payment
Organizer shall pay:
- Rental Fee: $_________ due on _________.
- Security Deposit: $_________ due on _________ (refundable within ___ days if no damages).
- Additional Fees: (check if applicable)
☐ Revenue Share: _% of gross/net proceeds.
☐ Permit/Administration Fee: $_____.
5. Insurance
Organizer shall maintain liability insurance of at least $________ per occurrence and $________ aggregate, naming Landowner as “Additional Insured.” Proof required ___ days before event.
6. Waivers & Liability
Organizer will require all participants, volunteers, and contractors to sign liability waivers releasing Landowner from responsibility for injury, damage, or death.
7. Indemnification
Organizer agrees to indemnify and hold harmless Landowner from claims or damages related to the Event, except those caused by Landowner’s gross negligence or willful misconduct.
8. Organizer Responsibilities
Organizer shall provide:
- Adequate medical support and security.
- Trash removal and site cleanup.
- Compliance with all laws and regulations.
9. Landowner Responsibilities
Landowner shall provide:
- Access to Premises as agreed.
- Notice of known hazards on property.
10. Compliance with Laws
Both Parties agree to comply with all applicable federal, state, and local laws.
11. Damages
Organizer is responsible for damages caused by participants, staff, or vendors. Costs may be deducted from Security Deposit; excess billed to Organizer.
12. Termination
Agreement may be terminated by:
- Either Party with ___ days’ notice.
- Immediate termination by Landowner if Organizer fails to comply with safety, insurance, or payment obligations.
- Mutual written agreement.
Refunds determined as follows:
☐ Full refund if canceled ___ days before event.
☐ Partial refund per attached schedule.
13. Force Majeure
Neither Party shall be liable for failure to perform due to causes beyond their control, including natural disasters, government restrictions, or acts of God.
14. Governing Law
This Agreement shall be governed by the laws of the State of [Insert State].
15. Entire Agreement
This Agreement contains the entire understanding between the Parties.
Signatures
Landowner: ________________________ Date: _______
Organizer: ________________________ Date: _______
Each public entity (city, state, federal agency) will usually have its own specific contract or permit template you must follow. The above template works best for private land agreements where you control the terms.
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