BCCS Waiver of Claims [WSCP]


Butler Cave Conservation Society, Inc

Burnsville, Virginia


Whereas, the undersigned has requested permission to enter on the property and explore caves in Bath or Highland County, or other counties in Virginia, on property owned by the Butler Cave Conservation Society Inc. (BCCS), or owned by others and managed by the BCCS, acting as Agents for the owner(s). And whereas, the property owners and the BCCS are reluctant to give consent because of the dangers involved, including falling, being struck by falling objects, becoming lost, other potential hazards both known and unknown, and the possibility of injury, disability or death to the undersigned. Now, therefore, in consideration of the property owners and the BCCS granting consent to enter onto the premises, and to enter into the associated caves for recreational or scientific purposes, the undersigned represents, certifies, and agrees that:

(1)  the undersigned assumes all responsibility and all risks whatsoever associated with this potentially dangerous activity and neither the property owners nor the BCCS shall incur liability for any injury to any individual or property caused by any act of the undersigned or any third party, whether in-cave or on the surface, on property owned or managed by the BCCS, or on property owned by others on which the BCCS is authorized to organize cave exploration or related surface activities, and

(2)  should the undersigned, my heirs, representatives, or assignees institute any action against the property owners or the BCCS then I, my heirs, representatives, or assignees hereby agree to pay all costs of such action, including attorney fees incurred by the owners or the BCCS, and

(3)  the undersigned acknowledges that neither the property owners nor the BCCS owes to the undersigned a greater degree of care than is owed to a trespasser on the premises; and

(4)  the undersigned acknowledges that neither the property owner nor the BCCS charges for entering or using the premises, and any acts by the undersigned while on the premises, even if to the benefit of the premises, are voluntary and shall not constitute a charge; and
(5)  this waiver of claims shall remain in force until withdrawn by written instrument provided to the BCCS but shall not be deemed consent to enter the premises at any time other than those times expressly permitted by separate communication; and  

(6)  this waiver of claims shall not supersede any laws of the Commonwealth of Virginia.


Code of Virginia § 10. 1 1008. Liability of owners and agents limited, sovereign immunity of Commonwealth not waived. Neither the owner of a cave nor his authorized agents acting within the scope of their authority are liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave, notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made. Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards, departments, bureaus, or agencies. (Code of Virginia, 1979, c. 252, §10-150.18; 1988, c. 891.)


Who will be participating?

Adult  Adult and Children  Children

Your Information

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