WAIVER

 WARNINGS and RULES of the Motherlode LLC

A SEPARATE  ANNUAL PERMIT IS REQUIRED FOR EACH PERSON WHO ACCESSES THE CLIFFS FOR ANY REASON. It is important that you carefully read and understand the list of warnings of the hazards and potential dangers, both identified and unknown that may exist in the Motherlode LLC.  Your presence in the preserve signifies that you have read, fully understand the rules, hazards, and accept all risks and these warnings

Understanding and accepting the warnings and rules is required before you sign a liability waiver. If you are not willing or able to accept full responsibility for your presence and personal safety in the Motherlode LLC, then do not enter the property.

1.    WARNING: The Cliffline area is a natural habitat with many known and unknown hazards. It impossible to be aware of every hazard and dangerous condition that may exist. It is, therefore, necessary that you acknowledge a general warning that hidden and unknown dangers may exist in the Motherlode LLC that cannot always be specifically identified and warned or guarded against.

2.    WARNING: All outdoor activities and in particular climbing can be dangerous, participation in which can cause permanent paralysis or other serious injury and death to you or to those around you. You should never climb without extensive training by experienced climbers. You should never climb without proper high-quality rock climbing gear.  Gravity is consistent and indifferent.  It is an equal opportunity, non-discriminatory force that will provide you with a one way trip to eternity if you let it.  And, you should never climb if you are not willing to accept full responsibility for the consequences of your participation in this dangerous sport.

3.    WARNING: The rock in the Motherlode LLC area is primarily sandstone, a very soft, friable sedimentary rock that is laced with pockets, fissures and soft sections. Even the best of hardware permanently affixed to or temporarily placed into this rock can fail unexpectedly and catastrophically due to the poor structural integrity of this rock, possibly causing your injury or death.

4.    WARNING: The rock in the Motherlode LLC contains sections that are either loose or that can be easily loosened. These sections can spontaneously fall off a cliff, or they may be inadvertently or purposely pulled off by a climber. In any case, rock fall poses a threat to visitors to Motherlode LLC and therefore poses a danger to the climber and/or persons below the climber. All persons participating in rock climbing and/or those present in the vicinity of rock cliffs are strongly advised to wear protective headgear designed specifically for a rock climbing environment.

5.    WARNING: Never climb inside caves and overhangs in the preserve. The ceilings are often flaky and prone to breaking down and falling.

6.    WARNING: Hanger brackets have been bolted to, or glued into, the walls of many of the climbing routes in the Motherlode,Chocolate Factory,Right cliffline of Sore heel and left side of Bears den climbing areas. Additionally, other hardware, such as slings, quickdraws, chains, rings, cable leaders, and permadraws may be attached to hanger brackets. As is traditional with rock climbing route development, this hardware was installed by many different persons. The specific hardware and installation methods are neither approved by nor monitored by us. Nor, is this hardware routinely inspected. NO warranties of safeness of this hardware have been given by the persons who installed it or by Motherlode LLC. Hanger brackets have been known to pull loose from the rock. And, rock in which hanger brackets have been affixed has been known to fail. If you climb in the preserve and rely on any piece of hardware affixed to any rock surface for your personal safety and/or the safety of others with you, you do so at your own risk and with the full knowledge that this hardware may fail catastrophically and without warning.

7.    WARNING: There are numerous fall hazards within these cliff areas, footing is rough and uneven and in some areas you can fall over 100 feet and be severely injured or killed. Be very careful hiking along all trails and maintain control of children at all times.

8.    WARNING: These Cliffline aresa has known wildlife, including, but not limited to: stinging insects, such as wasps and hornets; venomous snakes, such as copperheads and rattlesnakes; and poisonous plants, such as poison ivy: ticks and poisonous spiders, and possibly wild animals.

9.  WARNING: You are entering the property at your own risk.Motherlode LLC is not responsible for any dogs or pets on the property, any personal property theft or damage, or for the behavior of any other visitors on the property at any time.                                                  

RULES

Motherlode LLC is private property.  Access to the clifflines under the driplines at the Motherlode,Chocolate Factory,Right cliffline of Sore heel and left side of Bears den climbing areas is dependent on users cooperation with the rules.   If you are not willing or able to abide by these rules then do not enter the property.  Authorized users are asked to help uphold the rules.

·         Access to these cliffline properties is limited to those individuals with a completed current liability waiver.

·         Anyone who doesn't complete a signed waiver is criminal trespassing in accordance with KRS 511.080 and subject to prosecution.

·         “Leave No Trace” principles must be followed at all times while in the preserve.  

            Pack it in – Pack it out, including your poo, no Catholes (www.lnt.org will show you how to do it).

·         No flora, fauna, rock or anything else may be damaged, harmed, moved or removed from the preserve.

·         No guiding or any commercial activity is permitted without expressed written consent from members of Motherlode LLC

·         Camping or hammock hanging is not permitted within the cliffline areas.

·         Access to the preserve is from dawn to dusk only.

·         Be considerate and respectful of those around you.No music or excessive noise.

·         No illegal drugs or alcoholic beverages are allowed within this property.

·         No fires, burning, or smoking of anything is allowed within the preserve.

TERMS and AGREEMENTS

In consideration of being allowed to enter Motherlode LLC clifflines for the purpose of outdoor recreation, I do hereby acknowledge, appreciate, and agree that:

1.    The risk of injury from outdoor recreation and in particular rock climbing is significant, including the potential for permanent paralysis and death to other permanent and disabling injury, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury and death is still substantial. Furthermore,

2.    I confirm that I am physically and mentally capable of activities I choose to participate in, including but not limited to rock climbing, that I have attained the age of 18 years or that the legal parent or guardian is executing this agreement for minor(s). I hereby KNOWINGLY AND FREELY ASSUME ALL RISKS ASSOCIATED WITH MY ENTRY UPON THE LANDS OF MOTHERLODE LLC WHETHER HIDDEN,OPEN, OBVIOUS OR OTHERWISE, BOTH KNOWN AND UNKNOWN TO ME, EVEN IF SUCH RISKS ARISE FROM THE NEGLIGENCE, RECKLESS, WANTON OR INTENTIONAL ACTS OF MYSELF OR OTHERS, equipment failure or forces of nature, and I assume full responsibility for my participation and for any minor children for whom I am responsible, and any expense as a result of my negligence or the negligence of others; and,

3.    I willingly agree to comply with the WARNINGS AND RULES for Motherlode LLC , which are listed page I on  www.motherlode –llc.com; and,

4.    I understand and agree that all artificial installations on site including those typically used in rock climbing, including, but not limited to, rock anchors, glue-in bolts, bolted hangers, chains, cables, quicklinks, permadraws, quickdraws, and carabiners, found on the property have been placed by a number of individuals and that my use of any of these installations is undertaken solely at my risk and discretion; and,

5.    I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS Motherlode LLC, and their officers, officials, agents, members, employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and leasers of premises used for the activity (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; and,

6.    I agree that if any legal proceeding is instituted by myself or my heirs, assigns, personal representatives, or next of kin, then venue shall be proper only in the Fayette County Circuit Court, Lexington, Kentucky and that this Agreement shall be construed and interpreted under the laws of the Commonwealth of Kentucky. 

7. If signing for someone under the age of 18, I accept responsibility for them. I understand that by checking the box below I have given up substantial legal rights, and check it freely and voluntarily without inducement.

Group Rules

All organization guiding through the following guide services: sponsored climbing groups (universities, churches, clubs, etc) and groups of 10 or more are required to have at least one guide.

All climbing groups must contact one of those services directly. They will coordinate with the manager of the Motherlode LLC to ensure that your group is properly registered to climb at these crags

Any group not complying with the regulations maybe:

1)    Banned from Motherlode LLC indefinitely, and/or

2)    Charged with trespassing (with or without permits).

 

The purposes of the Guiding services are to:
1. Ensure climber safety by having a specified ratio of guides per climber;
2. Ensure that climbing ethics are taught;
3. Ensure that Leave No Trace ethics are practiced;
4. Reduce the environmental impact of groups using the area; and
5. Ensure that all climbers in the group have been properly accounted for as part of the permit system.