Mail the completed form to:
Peter Quick
286 Fitzwilliam Road
Jaffrey, NH 03452
W: 978-345-2121, H: 603-532-8562
 
 
 
STATE OF KENTUCKY
HART COUNTY
 
RELEASE AND COVENANT
NOT TO SUE
 
THIS AGREEMENT is made and entered into on this the _____ day of
____________,_______ by and between Peter Quick, 595 Johnny Bush Road, Horse
Cave, Kentucky, said party hereinafter referred to as Property Owner, and
________________________ , said party being herinafter referred to as The
Project Member, who is participating with an informal association of joint
venturers calling themselves the Fisher Ridge Cave System Project. The
purpose of this Agreement is to release the Property Owner from any and all
liability whatsoever for any injury, including damage to property or death
which may hereinafter result to any participant in the project as a result
of such member engaging in the exploration of any cave located upon property
owned in whole or in part, by the Property Owner. This release shall apply
not only to any injury incurred while actually exploring any cave, but also
to any injury which may be incurred while any member of the project is on
the property of the Property Owner for any reason related to the exploration
of such cave, including but not limited to, going to such caves, returning
from such caves, digging for new entrances, or engaging in topographical
surveys of the surface of the property of the Property Owner. It is the
intention of the Parties to this Agreement that the Property Owner shall be
fully and completely protected from any potential liability which may arise
out of the activity of The Project Member and this document is executed to
effect that purpose.
> The consideration for this Agreement is the mutual promises and covenants
contained herein. Those mutual promises and covenants are specifically: on
the part of the Property Owner that the Project Member shall be allowed
access to the caves located upon the Property Owner's property, whether such
caves are known or are hereinafter discovered, and whether such caves are
connected to now known caves or are unconnected and independently existing
caves, and; on the part of The Project Member that the Property Owner shall
be absolved of all liability for injury as is herein set out. The Project
Member agrees with the Property Owner that as a condition precedent to any
Project Member entering on to the property of the Property Owner that such
Project Member will be required to fully and completely release Property
Owner from any and all liability for injury and that such shall be signified
by such Project Member signing an acceptance of this Release.
> The terms of this Release are as follows: All participants in the
activities of the Fisher Ridge Cave System Project are engaged in a joint
venture together, to-wit: the exploration of the Fisher Ridge Cave System
and of related and adjoining caves. In order to afford Peter Quick, the
Property Owner, the same protection from possible liability now enjoyed by
the members of The Project as between themselves, it is hereby agreed
between the Project Member and the Property Owner that The Project Member
and the Property Owner are themselves engaged in the joint venture of
exploring said caves. It is understood and agreed by the Parties that the
only contribution made by the Property Owner to the joint venture between
Property Owner and The Project Member is that the Property Owner shall, at
such reasonable times as the Parties may agree between them, grant
permission to The Project Member to enter upon the property of Property
Owner for the purpose of exploring caves as above set out. It is
specifically understood and agreed that Property Owner shall incur no
liability of any kind or nature as a result of its status as a joint
venturer with The Project Member and that the only benefits to Property
Owner contemplated by the Parties are the continuing exploration of caves
owned by Property Owner and the Release from liability which results from
Property Owner's status as a joint venturer. In addition to the Release
from liability which results from Property Owner's status as a joint
venturer with The Project Member and completely independent thereof, The
project and each member thereof do hereby themselves completely, fully, and
absolutely release Property Owner and it's successors and assigns from any
and all liability whatsoever whether from property damage, personal injury,
disfigurement, death, or otherwise, when such injuries have resulted, in
whole or in part, from any activity of the individual member of The Project
upon or about the property of the Property Owner as a result of any
activities of exploration relating to the things and matters hereinabove
contemplated. The undersigned Project Member represents and acknowledges
that he or she knows that cave exploration is not without risk, that there
is a possibility of falling or shifting rocks, suddenly rising waters,
hypothermia, dehydration, slippery footing and or loose rocks that may
result in a fall, tight spaces that one might get stuck in, and that any of
these risks may result in injury or death. The Project Member also
understands that the description of risks is not complete and that other
unknown or unanticipated risks may result in injury or death. The Project
Member agrees to assume responsibility for any of the risks identified
herein and those risks not specifically identified. The Project Member
acknowledges that participation in The Project is purely voluntary and
elects to participate in spite of the risks. The Project Member also
acknowledges that since no payment or any sort of remuneration has been made
by the Project Member to the Property Owner that neither the Property Owner
nor his authorized agents acting within the scope of their authority shall
be liable for any injuries sustained by any person using the cave for
recreational or scientific purposes, as referenced to in KRS CHAPTER
433.883. It is understood and agreed by the Parties that the terms of this
Release shall also apply to and protect employees of Property Owner. The
Project Member, and each member thereof additionally by these presents do
covenant with Property Owner that they, collectively and individually, shall
institute no legal action against Property Owner nor the Property Owners
authorized agents as a result of any injury as that term has been
hereinbefore employed in this Release. This Release is executed by each
Project Member on behalf of themselves individually and their heirs,
successors, and assigns, to the end that this Release shall totally,
completely and finally Release Property Owner from and liability whatsoever
as is herein contemplated.
This document may be revoked only by a written instrument signed by the
revoking property and delivered to the other Party. If either Party shall
orally give notice of intention to revoke, then and in that event, it shall
be the absolute duty of the other party to accept written notice of
revocation. Any revocation shall be prospective only and shall in no way
impair the effect of the Release and Covenant not to Sue as to any events
which have taken place. If there shall be any subsequent aggravation of
injury received prior to any revocation of this Release, then this Release
shall apply to such aggravation, it being the intention of the parties that
property Owner be protected from liability in all events whatsoever.
Before any Project Member shall enter on to the property of Property
Owner, the member shall sign an acceptance of this Release and Covenant not
to Sue, and said signed acceptance shall be delivered to an agent of
property owner by a member of the project.
This document shall be governed by the Laws of the State of Kentucky.
This Agreement is executed and entered into on the day and date first
above written by
 
___________________________________
AUTHORIZED AGENT, Property Owner
 
___________________________________
PROJECT MEMBER, of the Fisher Ridge Cave System Project, An
Informal Association of Venturers