Butler Cave Conservation Society, Inc
Burnsville, Virginia
WAIVER OF CLAIMS
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withdrawn by written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.)