§ 16-120-1001. Title
This subchapter shall be known and may be cited as the “Arkansas Cycling Activities Act”.
§ 16-120-1002. Definitions
As used in this subchapter: (1) “Bicycle” means a: (A) Two-wheeled vehicle with a rear drive wheel that is solely human-powered; or (B) Two-wheeled or three-wheeled vehicle with: (i) Fully operable pedals and an electric motor of less than seven hundred fifty watts (750 W); and (ii) A maximum speed of less than twenty miles […]
§ 16-120-1003. Liability of a bicycle outfitter
Except as provided in § 16-120-1004(2): (1) (A) A participant assumes the inherent risk of a cycling activity by engaging in the cycling activity. (B) A participant or a participant’s representative shall not make a claim against, maintain an action against, or recover from a bicycle outfitter for the loss or damage or injury to […]
§ 16-120-1004. Exclusions
This subchapter does not: (1) Apply to a relationship between an employer and an employee under the Workers’ Compensation Law, § 11-9-101 et seq.; and (2) Prevent or limit the liability of a bicycle outfitter or the bicycle outfitter’s agent that: (A) Intentionally injures a participant; (B) Commits an act or omission of gross negligence […]
§ 16-120-1005. Supplemental to other law
The limitation of liability provided by this subchapter is in addition to any other limitation of liability provided by law.
§ 16-120-1006. Signage
A bicycle outfitter shall post and maintain signage in a clearly visible location at or near where the bicycle outfitter conducts cycling activities and in black letters at least one inch (1″) high containing the following warning: “WARNING — Under Arkansas law, § 16-120-1003, the liability of a bicycle outfitter is limited. You are assuming […]
§ 16-120-701. Legislative determination
The General Assembly has determined that nonprofit corporations serve important functions in providing services and assistance to persons in the state and that, in order for these nonprofit corporations to function effectively, persons serving on the board of directors should not be subject to vicarious liability for the negligence of corporate employees or other directors. […]
§ 16-120-702. Persons granted immunity
(a) Except as otherwise provided by this subchapter, no member of any board, commission, agency, authority, or other governing body of any governmental entity and no member of the board of directors of a nonprofit corporation that holds a valid federal income tax exemption issued by the Internal Revenue Service shall be held personally liable […]
§ 16-120-703. Exceptions to immunity grant
(a) The immunity provided by this subchapter shall not extend to acts or omissions of directors of nonprofit corporations or members of boards, commissions, agencies, authorities, or other governing bodies of any governmental entity which constitute ordinary or gross negligence personal to the director or member or to intentional torts committed by a director or […]
§ 16-120-704. Transfer of assets to avoid claims
If a nonprofit corporation transfers assets to a member of the board of directors of the corporation or to another nonprofit corporation in order to avoid claims against corporate assets resulting from a judgment rendered as a result of a suit to recover damages for the negligence of the corporation, a corporate employee or a […]