LAND OWNER LETTER

North Country ATV Association

NYTRO of Eastern NY

A Division of NYTRO Inc.

PO Box 136

Greenfield Center, NY 12833

July 18, 2010

Dear Landowner,

I would like to introduce you to North Country ATV Association NYTRO of Eastern NY,

a Division of NYTRO Inc.. NYTRO Inc. is the largest and most diverse ATV and Dirt Bike

club in New York State. NYTRO Inc. currently has five divisions that are expanding across

New York. North Country ATV Association NYTRO of Eastern NY is headquartered in the

Town of Greenfield, Saratoga County. We currently manage the club leases of 2042 acres and

has 50 miles of trails for our club members to use.

North Country ATV Association NYTRO of Eastern NY is looking to grow and add new riding

areas across Saratoga, Washington and Warren Counties. We are expecting to do much more then

just increasing places for our members to legally ride their machines. We hope to create a better local

economy by increasing foot traffic into local gas stations, restaurants, and hotels. This will increase

the local tax base and create and/or keep jobs in the area. Having legal places to ride will also decrease

illegal riding on private and public forest preserves where ATV recreation is not permitted. You are

receiving this letter because you have been identified as a landowner that owns property that could be

used for ATV recreation. North Country ATV Association NYTRO of Eastern NY is willing to

manage, maintain, and insure any approved ATV recreational areas on your property. In addition to making you an

“additional insured” on our insurance policy, the General Obligations Law of the State of New York

was designed to shield landowners like you from any liability that could be caused from our club using your land.

We have attached a a copy of the General Obligations Law for you to review and a map of the property

we are interested in using. If you are interested in allowing North Country ATV Association

NYTRO of Eastern NY to use portions of your property for ATV recreation, we would love to hear form you.

Feel free to view our websites and please call us with any questions.

Sincerely,

Moak Detraglia

President

NYTRO of Eastern NY

ncatva500@aol.com

518- 428-5827

www.NCATVA.com

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______________________________________________________________________________________________________

North Country ATV Association

NYTRO of Eastern NY

A Division of NYTRO Inc.

PO Box 136 Greenfield Center, NY 12833

518-428-5827

LANDOWNER PERMISSION FOR MOTORIZED RECREATION USE

Article 9, Section 103 of the General Obligations Law of the State of New York

In New York, a statutory law (General Obligation Law 9-103) protects landowners from liability for injuries

to recreational users of their property. This statute gives relief not only to the outright owners of property but

also to tenants occupying the property. It lists a number of covered recreational activities: hunting, fishing,

organized gleaning, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding,

speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for

recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes and

training of dogs. The protection arises regardless of whether the landowner posts the property. While

posting is essential to winning a trespass case, it does not affect liability under the statute. Likewise, the

statutory protection arises regardless of whether the recreational user has permission to be on the

property. Thus, under most circumstances, the landowner has no duty to recreational users to keep the

premises safe or to warn of a dangerous condition, use, structure or activity.

Two situations deprive the landowner of the statute’s coverage: (1) the landowner willfully or maliciously

fails to guard or warn of a known, unsafe condition or risk, or (2) the landowner requires compensation

for the recreational use of their property.

Willful and malicious refers to an intentional act of an unreasonable character performed in disregard of

a known or obvious risk so great as to make it highly probable that harm will result. A known, unsafe

condition or risk does not include natural features or man-made structures plainly visible and reasonably

avoidable.

When the statute does not apply, case law determines landowner liability. It states that the duty of care owed by

a landowner depends on the foreseeability of the risk of injury. Several factors contribute to foreseeability: who

owns the land, the injured person’s age, whether the injured person paid for using the property, the location of

the property in relation to populated areas and what measures the defendant would have to take to find and

prevent the unsafe condition or risk.

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Pursuant to Article 9, Section 103 of the General Obligations Law of the State of New York, I, _________

_______________________________________________________________________(landowner or Agent)

do hereby grant permission for North Country ATV AssociationNYTRO of Eastern NY (OHV operators) to operate motorized recreation vehicles on land located generally near ______________________________________________

__________________________________________________________________________________________

_________________________________________________________________________________________

Permission Granted by:__________________________________________________(authorized signature)

Date:______________________________Witness:_______________________________________________

North Country ATV Association NYTRO of Eastern NY recognizes that there is no contract between NYTRO of Eastern NY

and the landowner listed above. The landowner may terminate this permission at any time, for any reason.

Vncatva7.18.2011

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