ACKNOWLEDGMENT AND ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY
(To be filled-out by every person entering the property of the Diamond Hill, LLC)
READ AND INITIAL ALL SECTIONS.
THEN -- SIGN, DATE AND FILL-OUT CONTACT INFORMATION
In consideration of being permitted access by Diamond Hill, LLC, (DH LLC), to the Diamond Hill Property in Abbeville County, South Carolina ("Property") for the purpose of digging for rocks and crystals, the undersigned agrees to the following Waiver and Release and makes the following representations:
__________ Initial Acknowledgment and Assumption of Risk. I understand the risks associated with digging activities, inherent and otherwise, which include, but are in no way limited to, risks associated with falling into open pits or trenches, the collapse of excavations, equipment failure, negligent use of equipment, injuries from trips or falls. I understand and acknowledge that Diamond Hill, LLC, by granting permission to access the Property, is in no way making any representation as to any visitor's physical ability to participate in digging activity. I have no known health problems or medical conditions which could in any way be exacerbated by the planned activity. I assume all health risks associated with such activity. I further understand the risks associated with general outdoor activity, and the hazards that may be presented by natural causes or acts of other persons or animals, whether negligent or intentional.
__________ Initial I hereby acknowledge, confirm and agree that, at all times while on or about the Property, I am there at my own risk and will exercise the highest degree of care and caution for my own personal safety and the safety of others.
__________ Initial I understand that Diamond Hill, LLC, by allowing third parties (any other visitors) on the Property, does in no way guarantee, make any representation or assume responsibility for any third party's character or conduct while on or about the Property.
__________ Initial Release of Liability. Diamond Hill, LLC, shall not be liable for any damages arising from personal injuries sustained by me on or about the Property. I agree to assume and bear all risks of injuries or damages to my person or personal property sustained while on or about the Property caused by any source whatsoever, whether by natural occurrence, my own acts or the acts of others. I hereby fully and forever release Diamond Hill, LLC, its owners, agents, members, managers, successors and assigns as well as any other person or entity acting in any capacity on its behalf, from all claims, demands, damages, rights of action, or causes of action or liability for any such personal injury or property damage that I may incur.
__________ Initial I further specifically agree to assume all risk of personal injury or property damage resulting from the negligence of Diamond Hill, LLC, its owners, agents, members, managers, employees, and all other persons or entities acting in any capacity on its behalf.
__________ Initial Indemnification. I hereby voluntarily release, forever discharge and agree to hold harmless and indemnify Diamond Hill, LLC, its owners, agents, managers, members, successors or assigns and all other persons or entities acting in any capacity on its behalf, from any and all liability, claims, demands, actions, or rights of action, whether known or unknown, foreseen or unforeseen, relating to or arising out of my presence or activities while on or about the property.
__________ Initial Lawful Activity. I agree to conduct myself in a lawful manner at all times while on the property, obeying all local, state and federal regulations and laws.
__________ Initial. I further agree not to cross to the opposite side of Diamond Mine Road from the Diamond Hill Quartz Prospect, and not to enter the property on that opposite side of Diamond Mine Road for any purpose.
__________ Initial Successors Bound. This Agreement and all representations made herein shall apply to and bind myself, my heirs, assigns and representatives.
__________ Initial Severability. It is my intention that this Agreement be as broad and inclusive as permitted by law. In the event that any portion of this Agreement is determined to be invalid, such invalid portion shall be severed and the remaining provisions of the Agreement shall remain in full force and effect.
__________ Initial Governing Law/Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of South Carolina, and I agree to submit to the jurisdiction of the courts of the State of South Carolina.
Date(s) of your visit to Diamond Hill _________________________________________________
Signed: ___________________________________________________
Date: __________________
(If under 18 years old, must be signed by visitor's parent or legal guardian. State child's age.
Children under 10 years old are not encouraged to visit the Property.)
Name: ________________________________________
Address: ______________________________________
City: ___________________________ State: _________________________
Zip Code: ____________
Phone(s): _______________________________________
E-Mail: _________________________________________________ Initial Requesting an E-mail permission to be sent to:
(Print carefully your email address) ______________________@____________________________
(Diamond Hill, LLC, will fill out information in the following section. This section is not relevant for visiting groups in which the "ACKNOWLEDGMENT AND ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY" forms are collected by the Trip Leader at the Property on the day of the field trip. . This section is also not relevant if you are requesting an e-mail permission.)
In consideration of the Agreement contained herein, the above named party has permission to access the Diamond Hill Property, during daylight hours, on (date) _________________________________ for the purposes of prospecting and digging for rocks and crystals.
Diamond Hill, LLC _______________________________________ Date: ___________________