Barnquilttrails.ca shares best practices but cannot provide legal advice. Every project will have to assess their risks and decide how to manage liability.
Respect Private Property
Barn quilts are meant to be enjoyed as one travels down the highway. The agreement between the barn quilt host and your community project recognises that the quilt block is installed on private property. Local barn quilt maps and guides discourage visitors from trespassing.
Do not encourage stopping. (They will stop anyway without being encouraged.) Include warnings such as “Stopping along busy roads can be dangerous and illegal. Use caution when slowing or stopping near a site. All sites are on private property and should be viewed from the public road unless otherwise indicated at the site if it is a business open to the public.”
Interpretive signs should be installed in a village or park where it is safe to park.
Share the risk
This is a community project. Barn Quilt installers need to be licensed to operate the lift equipment. The owners of the building where the painting is done should notify their insurance broker that the premises are being used by volunteers.
The agreement with the barn quilt hosts should stipulate that the community project will not be held liable for any problems the barn quilt might cause (e.g. falls off the barn and hits someone on the head?).
Agreement with Property Owner who Hosts Barn Quilt
Here is an example of an agreement signed between the property owner and the project committee.
The Host hereby agrees to allow the Committee to install a Barn Quilt Block on the lands and property owned by the Host. A Barn Quilt Block is a piece of community art that the Host agrees to watch over and display on behalf of the community. This art is designed to be enjoyed from the road and the Host is under no obligation to allow anyone on private property to view the artwork.
The term of this agreement shall be until the _24th__ day of ____October_______, 2017.
The installation of the Barn Quilt Block shall be completed by a member of the Committee with such assistance as needed from the Host with all regard to complying with the wishes of the Host as to the location of the Barn Quilt Block.
The Committee shall acknowledge the Host as a sponsor in its promotional materials in return for the Host’s contribution of $ x towards the installation of the Barn Quilt Block. All right, title and interest in the Barn Quilt Block is and will remain at all times under the ownership of the Committee.
The Host will allow a representative of the Committee to enter upon the lands owned by the Host, as required from time to time to inspect the Barn Quilt Block for damage due to weather or other incidents.
The Host agrees to notify the Committee in the event that he notices the Barn Quilt Block has been damaged.
In the event that the Host enters into an agreement of purchase and sale for the lands upon which the Barn Quilt Block is installed, the Host will notify the Committee and allow a representative of the Committee to remove the Barn Quilt Block from the property.
The Committee agrees that upon the removal of the Barn Quilt Block, the lands will be left as they were found prior to installation of the Barn Quilt Block.
The Host agrees that under no circumstances will the Committee or any member thereof, be held liable for indirect or consequential damages including but not limited to increased costs to the Host.