LAND PRESERVE LAND USE LICENSE
Land Preserve takes your safety very seriously. This safety notice applies to all Land Preserve owned or managed real property (the
“Property”) that Land Preserve Members may enter, congregate on, occupy and use. This On-Site License explains the rights and obligations applicable to:
Licensees are, therefore, considered any person passing onto any Land Preserve Property (described below). This includes all Members, which includes all those residing within the same household at any time that the Property is being used, regardless of the length of time of residence.
This Agreement (the “Agreement”) constitutes a revocable license (the “License”) and is issued to the user (the “Licensee”) pursuant to the terms and conditions (the “Terms and Conditions”) including those set forth below. Any violation of the Terms and Conditions by the Licensee will automatically terminate this License. Land Preserve requires, of all Licensees, to be members of Land Preserve and be current with their current monthly dues. In the event a Licensee is not current with their monthly dues, the Land Preserve representative can and shall immediately revoke the license.
Land Preserve either owns, leases or is in the process of acquiring through agreement with current owners, certain real property (collectively known as the “Property”). For purposes of this License, all pieces of Property whether held in trust as a conservation easement, leased, donated, owned outright, or any other form of use or ownership or right of use by Land Preserve shall be considered ONE AND THE SAME, no matter their location or physical characteristics.
Land Preserve reserves the right, with or without refunding any “Membership” monies paid, to revoke this License and refuse or limit access to anyone Land Preserve identifies as abusive, destructive, or who otherwise does not comply with these Terms and Conditions.
The Property, whether held in trust, leased, donated, owned outright, or any other form of use or ownership by Land Preserve, IS TO BE PRESERVED IN ITS NATURAL STATE. Should a Licensee alter, change, remove natural items from, bring foreign items onto, destroy, or otherwise affect the Property in any way, Land Preserve reserves the express right to remove Licensee from the Property and prevent Licensee from ever accessing the Property again. Land Preserve also reserves the express right to limit or restrict use of the Property by the Licensee, such as allowing use only at certain time periods. Upon violating these Terms and Conditions, Licensee also hereby subjects themselves to all applicable Federal, State and Local laws that may apply to Licensee’s behavior.
FOREST FIRES, and any other type of fire, including campfires, burning cigarettes, cigars and any other type of smoking, is an extreme concern and STRICTLY PROHIBITED on Land Preserve Property, unless specifically designated in an established and posted location, such as a fire ring or similar type grate for burning campfires, and at a campsite. Land Preserve will provide notice at the specific property where a campfire is allowed. If there is no notice or one is not observed or posted, then any type of fire is strictly prohibited. This restriction must be adhered to by any and all Licensees. Land Preserve, its Officers, Employees, and Assigns are NOT RESPONSIBLE if Licensees do not adhere to this restriction and start a fire on purpose or through negligence, which could destroy extensive amounts of property. Land Preserve shall not be liable, under any set of facts nor any theory of law, for negligence or any other legal claim in regard to a fire that started on Land Preserve Property.
WARNING: The Property may contain many natural and man-made hazards that are not readily visible or apparent to the Licensee. The Licensee realizes and acknowledges that there is potential danger on the Property at all times. Therefore, the Licensee VOLUNTARILY ASSUMES ALL RISK AND DANGER incidental to passing onto and utilizing the Property for any reason, at any time, under any circumstance. Land Preserve shall not be liable, under any set of facts nor any theory of law, for negligence or any other legal claim.
The Property, as an unregulated and scarcely monitored piece of real property, is DANGEROUS! Certain unavoidable hazards may exist on the Property, including but not limited to:
NATURAL AND MAN MADE EXTREME EVENTS AND CONDITIONS:
1. Forest Fires, Campfires, Smoking and any other type of fire!
3. Extreme Cold
4. Rain Storms
5. Hail Storms
6. Tornados, Hurricanes, etc.
7. Any other severe weather conditions!
9. Rock Slides
10. Severe Mountain Terrain
11. Dense Forestation
12. Unmarked hazards, including ditches, mines, fences, cliffs, holes, trails, ponds, lakes, and all other natural occurrences
13. Other Members walking dogs, riding horses, riding mountain bikes, and using other apparatus, riding or walking with animals, and conducting other activities.
The Licensee realizes and acknowledges that there is potential danger created by Members and others using and occupying the Property at the same time or at any other time. This includes the risk of attack by dogs (including bites and other attack upon people and by and between their dogs or pets), trampling by horses and other dangers associated with various activities that could occur on the Property. Land Preserve shall not be liable, under any set of facts nor any theory of law, for negligence or any other legal claim associated with dog bites or any of the above.
YOU ASSUME THE RISK!
Land Preserve makes no representations or warranties concerning, without limitation, the Property’s condition or its suitability for any particular purpose and the Licensee accepts the Property “AS IS.” The Licensee agrees that Land Preserve, its agents, officers, affiliates, and owners shall not be liable for legal claims associated with Licensee’s use of the Property.
By purchasing a Membership, or entering or occupying the Property, Licensee hereby agrees to these Terms and Conditions, or by accessing the property, Licensee hereby agrees that any claims must be resolved in the township, county, state, or other appropriate incorporated or unincorporated location in which the Property - where any potential claims occurred - is located.
Licensees are responsible to adhere to any rules regarding use set forth by Land Preserve at all times. This document represents the Land Preserve Land Use License Agreement that you have agreed to by clicking and checking the associated box on the website, or have agreed to by entering or occupying the Property. By doing so, you have agreed to this Land Use License Agreement whether you have read this entire document or not.
If you have any questions about this Land Use License, please contact us at the following address:
LAND PRESERVE LLC
286 Main Street, PO Box 2322
Elizabeth, CO 80107