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MINNESOTA MINERAL CLUB

ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY (“AGREEMENT”)

Field Trip:
Primary MMC Member:
Number of Members Attending:

This Agreement must be completed and signed, in advance, by the primary member participating in a Minnesota Mineral Club (“MMC”) field trip (”Field Trip”).

In consideration of being permitted to go on this Field Trip for the purpose of collecting rocks, minerals, and fossils, you ("Participant"), and if applicable, any of your Family Plan members ("Family Plan Members"), agree to the following and make the following representations:

I agree to follow the instructions and precautions as stated by the Field Trip leaders. I assume responsibility for attending all safety briefings. If I observe any unusual significant hazard during my presence or participation in this Field Trip, I will remove myself from participation and bring such to the attention of the Field Trip leader immediately. If applicable, I agree to closely supervise any children for whom I am the parent or legal guardian while on a Field Trip.

I agree to follow the AFMS Code of Ethics:

I will respect both private and public property and will do no collecting on privately owned land without the owner’s permission.
I will to the best of my ability, ascertain the boundary lines of the property on which I plan to collect.
I will use no firearms or blasting material in collecting areas.
I will cause no willful damage to property of any kind - fences, signs, buildings.
I will leave all gates as found.
I will build fires in designated or safe places only and will be certain they are completely extinguished before leaving the area.
I will discard no burning material - matches, cigarettes, etc.
I will fill all excavation holes which may be dangerous to livestock.
I will not contaminate wells, creeks, or other water supplies.
I will cause no willful damage to collecting material and will take home only what I can reasonably use.
I will practice conservation and undertake to utilize fully and well the materials I have collected and will recycle my surplus for the
pleasure and benefit of others.
I will support the rockhound project H.E.L.P. (Help Eliminate Litter Please) and Will leave all collecting areas devoid of litter, regardless of how found.
I will cooperate with field trip leaders and those in designated authority in all collecting areas.
I will report to my club or Federation officers, Bureau of Land Management, or other authorities, any deposit of petrified wood or
other materials on public lands which should be protected for the enjoyment of future generations for public educational and
scientific purposes.
I will appreciate and protect our heritage of natural resources.
I will keep informed on all laws, regulations of rules governing collecting on public lands and will observe them.
I will observe the “Golden Rule”, will use “Good Outdoor Manners” and will at all times conduct myself in a manner that will add to the stature and Public “image” of rockhounds everywhere.

I agree to follow the AFMS Land Use Policy:

Adherence to the AFMS Code of Ethics assures compliance with most statutes and regulations governing collecting on public lands and encourages respect for private property rights and the environment. Clubs are urged to read the AFMS Code of Ethics in at least one meeting every year, to publish the Code frequently in the club newsletter, and to compel compliance on club field trips.
Individuals and clubs are urged to write their elected representatives and land use management agency supervisors regarding issues of rulemaking, legislation, and enforcement affecting field collecting of minerals and fossils.
Individuals and clubs are urged to join and support activities of the American Lands Access Association (ALAA), a sister organization with responsibility for advancing the interests of earth science amateurs with legislatures and land use management agencies.
The AFMS will receive a report from ALAA at its annual meeting.
The AFMS endorses the principle of multiple uses of public lands as a guarantee of continuing recreational opportunities.
Wilderness and monument designations are inconsistent with the principle of multiple uses. In view of the vast amount of public land already designated as wilderness and monuments, future such designations should be minimal, taking into account the increased demand for recreational opportunities, including rockhounding, created by a growing population.
In furtherance of the principle of multiple-use, the AFMS believes that laws, regulations, and rules established by relevant
governmental authorities should be designed to allow the freest possible access to all public lands, coupled with minimal restrictions on the recreational collection of minerals, fossils, gemstone materials, and other naturally occurring materials.
The right to collect minerals and fossils on public lands should be protected by statute.
The AFMS urges its members to work with any or all government authorities to achieve a good working relationship in order to improve the “Public Image” of recreational collectors.

Acknowledgment and Assumption of Risk. I understand the risks associated with rock collecting activities, inherent and otherwise, which include, but are in no way limited to, risks associated with falling off ledges, the collapse of quarry walls, falling or flying rocks from another participant’s breaking of rock, negligent use of equipment, and injuries from trips or falls. I understand the risk of injury from the activities and acknowledge that MMC is in no way making any representation as to any participant’s physical ability to participate in the collecting activity. I further understand the risks associated with general outdoor activity, and the hazards that may be presented by natural causes or acts of other persons or animals, whether negligent or intentional.

I hereby acknowledge, confirm and agree that at all times while on a Field Trip, I am there at my own risk and will exercise the highest degree of care and caution for my own personal safety and the safety of others.

I understand that only MMC paid members are allowed to participate in Field Trips.

Release of Liability. MMC shall not be liable for any damages arising from personal injuries sustained by me on a Field Trip. I agree that, solely as between me and MMC, I assume and bear all risks of injuries or damages to my person or personal property sustained while on a Field Trip caused by any source whatsoever, whether by natural occurrence, my own acts, or the acts of others. I hereby fully and forever release MMC, its officers, agents, and trip leaders, successors, and assigns as well as any other person or entity acting in any capacity on MMC’s behalf, from all claims, demands, damages, rights of action, or causes of action or liability for any such personal injury or property damage that I may cause or incur.

Indemnification. I agree to hold harmless and indemnify MMC, its officers, agents, and trip leaders, successors and assigns as well as any other person or entity acting in any capacity on MMC’s behalf, from any and all third-party liability, claims, demands, actions, or rights of action, whether known or unknown, foreseen or unforeseen, to the extent relating to or arising out of my presence or activities while on a Field Trip.

Lawful Activity. I agree to conduct myself in a lawful manner at all times while on a Field Trip, obeying all local, state, and federal regulations and laws.

Successors Bound. This Agreement and all representations made herein shall apply to and bind me, and my heirs, assigns, and representatives.

Severability. It is my intention that this Agreement is as broad and inclusive as permitted by law. In the event that any portion of this Agreement is determined to be invalid, such invalid portion shall be severed and the remaining provisions of the Agreement shall remain in full force and effect.

Governing Law/Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of Minnesota, and I agree to submit to the jurisdiction of the courts of the State of Minnesota.

I have read this Agreement, fully understand its terms, and sign it freely and voluntarily without any inducement.

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Signed by MMC Tour Director
Signed On: April 4, 2023

Timestamp

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March 3, 2022 3:16 am CDT

Field Trip Agreement Uploaded by MMC Tour Director - [email protected] IP 173.248.147.90