02/01/06

Richard Blenz Nature Conservancy/ Buckner Cave Property

Release and Waiver of Liability Agreement

I, the undersigned, (please print) ________________________________________, in consideration of my being granted permission upon my specific request to visit the Buckner Cave Property, Monroe County, Indiana, hereby agree as follows: I knowingly, freely, and voluntarily, for myself, my heirs, personal representatives and assigns, WAIVE any right or cause of action of any kind whatsoever, arising as a result of visiting Buckner Cave or the corresponding property, from which any liability may or could accrue to the Richard Blenz Conservancy, Inc., its Executive Board, agents and members, and assume all risks of injury to myself, including death by drowning, rockfall or other accident, and to my property, while participating in cave exploring or in any activities incidental thereto from the beginning of time up to and including the full extent of the time that I am on or within the bounds of their property. 

____I acknowledge that Buckner Cave is a completely “wild” cave and no improvements have been made or are desirable. I understand that a visit to a wild cave involves certain risks including but not limited to those listed in this document. I desire to visit Buckner Cave and will do so completely at my own risk. 

___I acknowledge that Buckner Cave contains several miles of passage, there may unknown passages yet to be explored, and that a very real danger of becoming lost exists. 

___I acknowledge that caves are part of the drainage system in the natural environment, that drowning dangers exist in any cave, and that it is impossible to predict the time lag between rainfall and flood within a cave. 

___I acknowledge that steep, slippery mud banks and loose piles of rocks occur in various locations in the cave and on the property and pose hazards of slipping and falling. 

___I acknowledge that the water on the property or in the cave may be polluted by unknown means and may be dangerous to my health. 

___I acknowledge that there may be higher levels of radioactivity in a limestone cave as compared to the surface of the earth for completely natural reasons and that the effects of this radiation on a cave visitor are unknown, but that smoking increases the amount of radiation absorbed by the body. 

___I acknowledge that access to the Buckner Cave Property is controlled by a locked gate and that the lock or combination may be changed at random times. If I enter the property at a time other that that for which I have received permission, there is a real danger of being locked in by a lock or combination change. 

___I will not leave anything in the cave that I took in with me, nor will I bring anything out of the cave except for the normal mud on my clothing and trash left by others. 

___I will not make any changes to the cave or property, including digging out crawlways or otherwise modifying passages. 

___I will not smoke in the cave. 

___I will not use any alcohol or other intoxicating substances in the cave or on the property, nor for at least eight (8) hours prior to visiting the cave. 

___I will not knowingly take any person into Buckner Cave or onto the property who has not signed an agreement similar to this one. 

___I understand that it is a criminal act punishable under Indiana law to knowingly harm any cave fauna or speleothem. 

I, for myself and my heirs, personal representatives or assigns, from the date of this release and waiver agreement, and forever hereafter, hold the Richard Blenz  Conservancy, Inc. or any Board Members, agents, land owners, and their heirs and assigns, harmless and blameless for any injury to myself, including death, occasioned by my participation in, or presence at caving activities, whether resulting by or through the negligence of the Richard Blenz Conservancy, Inc., their agents, servants, officers, or employees. Should I, my heirs, personal representatives or assigns, institute any action against the Richard Blenz Conservancy, Inc., arising out of injury to myself or property, then and in that event, I for myself and my heirs, legal representatives and assigns, HEREBY AGREE to bear all the costs of such action, including attorney fees incurred by either party. 

WITNESS my hand and seal this date________________       If applicant is under 18 years of age, parent(s) or guardian(s)

                                                                                                must also sign and AGREE to the above RELEASE and WAIVER.
 

Signed_________________________________________         

                                                                                                Signed_____________________________________________

Address_______________________________________

                                                                                                Address____________________________________________           

_____________________________________________     

                                                                                                __________________________________________________

Birth Date____________________________

                                                                                                Birth Date______________________________________

Initial and date here if you are renewing this WAIVER for another visit.  ___________         ______________    ______________

______________    _____________   ____________   _________           ___________     ______________    ______________

This site was last updated 01/31/06