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GENERAL TERMS AND CONDITIONS
Theses General Conditions for Use of Rocky Point (“Terms and Conditions”) are made by Northwest Trail Alliance, Inc., an Oregon non-profit corporation, hereinafter called “NWTA”, dated effective this 1st day of August, 2019.Subject to these Terms and Conditions, NWTA hereby includes all NWTA members that have executed the Release (as defined below) in its list of “Invitees” as described in that certain Commercial Recreational Lease dated effective April 11, 2019 (the “Lease”) for use the real property in Multnomah County known as “Rocky Point” leased by NWTA from Weyerhaeuser Company, a Washington corporation (“Weyerhaeuser”). Invitees status is limited to those NWTA members who have signed the release of liability waiver. Invitees are permitted access to Rocky Point for recreational purposes within the boundaries of the land delineated on the Rocky Point Map, hereinafter, called the “Leased Property”.
“Invitees” are members in good standing of NWTA who have signed the Liability Release and Acknowledgement of Risk for Rocky Point and/or the Minor Participant Release Agreement and Acknowledgement of Risk for Rocky Point (as applicable, the “Release”). Invitees are responsible for being aware of any closures to the Leased Property effected by the terms of the Lease and any closures of roads and trails within the Leased Property, which are subject to change without notice. Invitees are responsible for being aware of the most up to date terms and conditions for use of the Leased Property as listed on the NWTA website (www.nw-trail.org/rocky-terms), which are subject to change without notice. Violation of any of these Terms and Conditions may result in the loss of Invitee status and the right to access the Leased Property. Status may be reinstated subject to review and approval by NWTA, who may impose conditions on any reinstatement.
INVITEE ACCESS TERMS AND CONDITIONS:
- LEASED PROPERTY/USE. Invitee status grants access to the Leased Property for recreational purposes, and includes non-motorized access to roads and trails, subject to these Terms and Conditions and the Lease. This Lease does not confer the right to conduct any other activities, including, without limitation, other commercial or recreational activities of any kind, non-hunting and fishing related vehicular activities, grazing rights, agricultural rights, or any rights to timber upon or minerals in or under the Leased Property. Each Invitee shall review the terms and conditions of the Lease.
- MANAGEMENT ACTIVITIES. Invitee acknowledges that the Leased Property is managed by Weyerhaeuser for timber production and/or for other purposes and that Weyerhaeuser’s right to conduct any of its operations on the Leased Property shall at all times be superior to the privileges of Invitees. Weyerhaeuser, in its operations, may harvest timber or specialty forest products, clear portions of, or all of said land, plant and cultivate timber thereon by herbicide application, burning, and/or fertilization, construct roads, improve and/or develop the Leased Property for other purposes, and conduct any other activity necessary or convenient in its operations, without restriction and without any liability as to the effect that such operations may have upon the recreational rights herein granted.
Invitee is aware that these operations may take place at any time, and accepts responsibility for acquiring the most up to date information from the NWTA website (www.nw-trail.org/rocky-terms). All authorized individuals and work crews performing duties for Weyerhaeuser, or its contractors, on such jobs as road maintenance, logging, planting, spraying, special forest products harvesting, etc., shall be given free access to the Leased Property at all times to perform their duties.
Invitee hereby agrees to not recreate in areas with active logging or other industrial forestry activities, nor shall they impair, impede or interfere in any way with the conduct of such activities by Weyerhaeuser, or any of its contractors or other authorized persons, including, without limitation, interference with log truck ingress/egress to the Leased Property. Failure to comply with this provision will result in immediate loss of Invitee status.
- LIABILITY. It is understood that the privileges of Invitee status are contingent upon signing the Release.
- ACCESS. Invitee shall have the right of ingress and egress upon and over the Leased Property at any and all times, except as identified below, for the exercise of the rights herein granted. Invitee shall have the right to use existing roads and trails over the Leased Property. Invitee agrees to use only designated access points when entering or leaving the Leased Property. NWTA does not warrant the condition of any roads, bridges or drainage structures on said land. Invitee expressly acknowledges its independent responsibility before any use thereof, to inspect such roads, etc. and to determine the adequacy thereof for its intended use before using same.
Invitee is aware that the Leased Property may be closed in case of extreme conditions. Areas where active logging, road construction or other commercial operations or forest management are underway are strictly off-limits and must be avoided by Invitee whether such areas are signed or not. Invitee acknowledges responsibility to check on the NWTA website (www.nw-trail.org/rocky-terms) for current conditions and closures.
- ASSET PROTECTION. Invitee agrees that they shall not injure, damage and/or destroy any fences, gates, roads, drainage structures, timber, or other property of Weyerhaeuser and/or of others on the Leased Property. Invitee shall be responsible for damages which may occur as a result of their activities and shall reimburse at three times (3x) the value of any trees or property that is damaged. Invitee agrees to promptly notify NWTA of any injury or damage to the Leased Property.
Invitee agrees that due care will be exercised to prevent forest fires on the Leased Property recognizing that Invitee is not responsible for forest management and does not have any specialized experience in forest fire prevention. Invitee will immediately notify NWTA of any fires that may occur on the Leased Property and will use reasonable efforts to safely extinguish any fires considering Invitee’s experience and resources to extinguish forest fires.
- INVITEE STATUS TERMINATION. NWTA is under no obligation to grant or renew member’s Invitee status and any Invitee status shall be solely at the option of NWTA.
- a)TERMINATION WITHOUT CAUSE. NWTA reserves the right, at its sole discretion, to terminate Invitee status at any time should it so elect, with at least three (3) days written notice to the Invitee, even though Lessee has complied with its terms.
- b) LEASE TERMINATION. Invitee acknowledges that NWTA may terminate or otherwise not continue to lease Rocky Point. Invitee acknowledges that in such event Invitee status will terminate immediately.
- c) Invitee acknowledges that acceptance of the terms and conditions constitutes acknowledgment that violations of any of the terms and conditions of Invitee status, or failure to comply in good faith with the provision contained herein are grounds for immediate loss of Invitee status.
- d) NWTA MEMBERSHIP STATUS. Invitee acknowledges that should Invitee fail to pay NWTA member dues, Invitee’s status as an Invitee is immediately terminated without notice.
- ENVIRONMENTAL STEWARDSHIP. Invitee hereby agrees not to construct, remove, or in any way alter roads, soil, trails, streams and creeks, fences, water bars, ditches, signs, or any other physical features found on the Leased Property. Invitee also agrees not to harm or harass any wildlife.
- ARCHEOLOGICAL SITES. Invitee shall not disturb, alter or damage any archaeological sites or objects of antiquity on the Leased Property, including but not limited to digging, probing or deliberately plowing or cultivating such sites for the express purpose of exposing artifacts or archaeological sites or other objects of antiquity. Invitee will not violate any state or federal laws pertaining to cultural resources and/or human burials on the Leased Property. Willful violation or disregard of such laws by the Invitee will result in immediate loss of Invitee status.
- FIRE PREVENTION. Invitee agrees that due care will be exercised to prevent forest fires on the Leased Property.
- a)No fires are permitted on the Leased Property at any time.
- b)Invitee must call 911 if any fires are observed. NWTA must also be notified.
- c)No fireworks are permitted on the Leased Property at any time.
- d)No smoking is allowed.
- e)In Oregon, the fire season varies and is defined by the Department of Forestry on their web page.
- VEHICLES. Absolutely no motorized vehicles are allowed on the Leased Property unless as part of and NWTA sanctioned maintenance activity or event.
- DUMPING. Dumping of garbage, trash, refuse, or hazardous waste on the Leased Property is prohibited.
- PROHIBITED ACTIVITIES. The following activities are prohibited on the Leased Property:
- No fireworks of any type are allowed;
- No forest products may be removed;
- No target shooting, skeet shooting, or explosive targets.
- No rock hounding, digging, gold panning, prospecting, or taking of any rock specimens;
- Invitee shall not use or possess alcohol or drugs that are illegal under state or federal law while on the Leased Property. Invitee shall not enter or remain on the Leased Property while under the influence of alcohol or drugs that may cause impairment of Lessee in the operation of a vehicle, firearm, or in engaging in any other recreational activity on the Leased Property; and
- No smoking is allowed.
- ANIMALS. Dogs and other domestic animals must be kept in Invitee’s control at all times. Invitee shall not release any native, non-native, domestic or exotic species on the Leased Property.
- ACCIDENTS. Invitee must report all accidents or safety incidents to NWTA within 24 hours of occurrence.
- SPECIAL PROVISIONS.
- Do not block access gates with vehicles.
- Do not park over white line along the county roads.
- Respect neighboring property owners and boundaries.
- Helmets and appropriate safety equipment are required.
- No cutting standing timber.
- No cutting trees on the ground.
- No commercial events unless approved by NWTA.
- No trail construction or maintenance unless approved by NWTA.
- No removal of forest products.
- All minors shall be under direct supervision of parent or legal guardian.