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n n Conservation, Participation & Habitat Restoration Agreement n n These conditions are documented to assist with the care and restoration of wildlife, their natural habitat and related research efforts on a voluntary, cooperative and charitable basis; to cultivate and maintain all evolutionary life support resources; to assist in extending a full understanding of cooperative, long term and sustainable solutions through individual participation and supportive efforts. Conditions and Responsibilities. Any habitat restoration or environmental uses must be performed without causing: environmental damages, waste of resources or services, nor providing adverse impacts to any other restoration participant, nor defer economic or personal support to site maintenance or restoration. Alternative site objectives or limitations can be established by management or conservators to resolve or improve environmental resource utilization. Excessive noise, harassment, abusive behavior or violence, which affects the natural environment, its care or conservation is prohibited and does establish an expense obligation which requires reimbursement based on time lost, materials and other damages. Any display of abusive, violent or destructive behavior which can serve as an indication of further or potentially larger problems is sufficient and necessary cause to terminate all site uses and remove possessions within seven days or less. Pesticide uses are prohibited unless analyzed, fully reviewed and unanimously accepted by all parties of interest on a temporary basis in a small and confined area. Any facility or structure must be integrated with the landscape to the extent feasible based on location, size, form and color. It is agreed and it is the responsibility of the participant that metal and other machined exterior surfaces of any structure or equipment will typically be painted dark green or other specified earth colors, or covered by dense vines or trees by the participant, or at the expense of the participant, if any work is performed by the management or any participant. Animals which can adversely impact structures or the environment, particularly native plants, birds, indigenous animals or other persons will be fenced or restricted on a full time basis if allowable or excluded from the site as required by management or participants based on damages, anticipated expenses or any form of detrimental environmental impact. Domestic cats will be excluded from any native habitat with accessibility to indigenous birds, and in such an environment the temporary presence of any domestic predatory creature shall require full time containment. Dogs which are aggressive to any person or other specie shall be excluded. Painting of any existing facility or structures is prohibited, without the full and detailed attention of site management. The use of lower grade paint, protective coatings or related materials may require its mechanical or chemical removal and recoating. With the objective of conserving light needed for any work space the interior wall coatings typically used will be a long-life, pure white high gloss latex, or oil based on metal, for all interior surfaces. If any utilities are available or used they will be for minimum needs. Any additional or excess uses will require full reimbursement of all utility and related expenses. Inefficient or high consumption appliances are prohibited, which shall typically exclude any type of electric heating, air conditioning and incandescent lighting. Work area lighting typically used are 22 and 30 watt instant-on fluorescent circular bulbs by Lights of America, model 2030TP from Home Depot, Home Base, etc. (equivalent to 150 watt incandescent bulbs). 12 volt fluorescent lights, batteries or photovoltaic panels may be utilized to support greater efficiency and independence. Direct-current solar electric or photo-voltaic electrical generation is encouraged and may be used in place of alternating current. The signatory or participating party must provide their own security equipment including any locks, smoke or carbon monoxide alarms. No toxic solvents or cleaners may be rinsed or drained at any work or restoration area, including detergents, cleansers, bleach, pesticides, etc. only biodegradable substances which will not harm plants may be utilized. To help minimize damages or losses to any existing structure, such structures and related uses may if necessary be maintained or repaired at any day with consideration of use and needs. Any work or restoration site guests or visits exceeding one week will typically be considered a potentially new participating party, which would require the immediate mutual acceptance of all conditions contained herein by management, as well as by other site conservators no sooner than 120 days after the acknowledged beginning of site uses, or else said participation will not continue. Physical, environmental, political, economic or personal abuses to any site, plants, animals, structures, property, or persons will terminate access and participation and require full and immediate compensation for all related personal, physical and restoration expenses. Any form of use or personal presence is maintained by the mutual consent of the using party(s), management and participants. In the case of any substantial absence of any managing party then other local participants may maintain the conditions of this agreement to protect habitat, environmental and specie restoration needs. The signatory may voluntarily perform native habitat restoration work or any other project either individually or with conservancy participants in accordance with all conservation conditions. The participating members agree to maintain a written weekly summary of work provided as long as the conservancy specifically needs and can utilize those efforts, otherwise the contributing member may continue through direct expense contributions as established through regular contribution. Any work or contributions provided shall benefit the purposes of the conservancy, related or recognized habitat or wildlife restoration projects, including any income, patents, techniques, writing, benefits or other kinds of understanding, products or rights that may be considered as assigned or derived, directly or indirectly from any participation or exchange of labor by the signatory. Work or contributions to or for the conservancy are not specifically limited to any specific category and shall include botany, biology, information processing, writing and engineering; as well as projects and methods to preserve, propagate and restore nature, land, botanical and wildlife populations. The site restorer is responsible for any necessary cleaning and continuous trash removal. No landscape or structural changes, nor removal of facilities or fixtures, nor native vegetation clearing is allowed, nor grading, tilling, excavation, nor alterations or remodeling, nor business or unrelated uses may be made without the consideration, evaluation and the continuous consent of the managing parties or their direct assistance. The use of any clearing tools or machines shall not be allowed where native plants exist nor be used to clear or unnecessarily trim native plants of any type, nor to reshape any trees. Any irrigation near or for native plants or trees shall conform to the seasonal irrigation requirements of those plants, which will typically exclude irrigation during the summer or the usual dry seasons for large oak trees. Any consent provided may be altered to conform with other requirements, limitations, site, use, restoration and related needs. Any participant will be responsible for their own personal or community uses and needs, including their own personal garden and structural requirements, as well as watering, nutrient or feeding requirements, and any costs related to performing such tasks. Any organic or compost waste materials will be buried or placed by the participant as and where needed based on environmental needs and requirements. The participant will be fully responsible for all their own personal, or borrowed property, any needed maintenance, as well as their own personal well being, safety, any damages or accidents experienced, all medical insurance, theft insurance, vandalism insurance and insurance of every kind, not only for themselves, their possessions and animals, but also for any of their friends, assistants, associates or visitors. Further, the participating party agrees that he or she will not have any right to hold: the site or property manager(s), nor any other participant liable for any actions or events which have occurred at the site or in any way related to any uses of a site or an area, nor to convey any liability or expense for any losses of any nature whatsoever to any other party. If any restoring or participating party damages any facilities, structures, persons, plants or animals whether directly, through use, through a visitor, machine or animal, then the user will be liable to restore the damaged facilities or to pay for the restoration costs, professional services and any additional related losses based on documented expenses or a reasonable estimate thereof. The restoration participant is responsible for the condition and maintenance of any fixtures, facilities, plants or structures which they affect or make use of, including maintenance, care, repairs, labor, loss and any related costs. The participant is responsible for the proper use, maintenance and safety of any fixture, facility, structure, plants, road, gate, plumbing, as well as wind protection, water proofing, utilities, maintenance and regular payment of all bills individually, and shall be personally responsible for any utility service indirectly or directly from the utility resource. Maintenance, payment and continuation of any utility or expense shall not be considered the responsibility of management or any specific party, nor shall the equitable distribution and collection of utility expenses be performed or maintained by management. Alternatively, metered direct payment or coin operated utilities as well as any other expenses may be electronically credited in advance of use or automatically disabled. The participants agree to establish any personally needed service or metering in their name either personally or with the assistance of another user(s) and to personally pay for all utility expenses and as needed directly to the utility company, even if a portion of the bill is shared. Sharing expenses equitably, quickly and without conflict is the responsibility of the signatory. It is the specific intention that ultimately no commercial or unsustainable utilities whatsoever shall be needed and that energy resources shall be derived from the sun, and all water derived from rainfall, and that all heating would be biological or passive solar. No form for delegation or assignment relieves or shifts this responsibility to any other party and remains the responsibility of the restoration participant. The restoration participant(s) identified herein agrees to the full personal responsibility for all personal insurance, safety or injuries incurred at or around the site as well as damages to the structure or surroundings for themselves, guests and their visitors. Any and all donations or expenses paid by a participant shall consist of direct expense contributions for any conservation and restoration programs, through personal labor and assistance, and land related maintenance; through direct participation, which may not be specific to any participant, personal facilities or utilities; or may be in support of or helpful to recognized programs which protect and restore natural habitats, endangered wildlife populations, related research and beneficial programs. Any kind of direct participation or assistance will be made as a form of personal participation, personal maintenance efforts or expense, and not as payment to or for any organization or person, nor may participation or effort be considered as a form of deduction for any business, charity or individual, nor to be construed as rent, lease, wages or profit, nor to provide benefit to any person, business, charity, agency or organization. No kind of labor or participation shall be in any way returnable, refundable nor be considered a commercial exchange or a savings program. At all times the participant or conservator shall be fully responsibility for a habitat or restoration site that may be maintained or cared for, including any irrigation systems, trees, native plants, shelters, garden tools, seedlings and propagation areas. No participant shall be allowed to conduct public or commercial activities, engage in business, nor to rent or lease any site or habitat, structure, facility, parking space, garden areas or land; nor demand or require the use of any existing facility, nor burden the land with any structures; nor prevent any stored and unused vehicle from being removed or transferred. This agreement prohibits the use or development of any area for habitation, dwelling or rental purposes or which encourages the development of such facilities. The participant shall voluntarily and cooperatively care for the protection and restoration of seedlings, trees, native plants, wildlife propagation and restoration; with the requirement that all necessary knowledge, techniques and tools or facilities are developed and utilized to implement and fulfill these purposes with efficiency, sustainability, security and with the least environmental harm. Any restoration participant will be responsible for their own expenses, work, maintenance and insurance including medical, liability, theft, fire, flood, acts of god, and other types of defense that shall be considered necessary. Each and every access or presence is based on voluntarily assisting, maintaining and participating with the constructive and restorative purposes. The violation of the terms of this agreement shall allow for the immediate termination of any uses and prohibit access or participation on the date of said transgression. The restorer or participant may consider, as an essential purpose, the caring for and protection of the natural environment, as well as the knowledgeable restoration of damages to native or arid climate plants and animal species, which are not invasive nor threatening to the natural habitat, its continuation and growth. Responsibility, contribution, care and restoration will be regular and continuous efforts which may be accomplished at least monthly as established and as needed based on need and weather. Non participation, the destruction of property or abuse to other participants will result in the termination of access to any area. No form of access easement, nor temporary or permanent access rights, whether by prescription, necessity nor of any other nature are established, initiated or implied, not in written form, not verbally, not through access to any site, nor through any hostile means, and it is agreed that all such methods are rejected by all parties; and that access in accordance with the terms of this agreement is allowed on a day to day, based on responsible actions and mutual consent. Inflicting damages, abandonment or the absence of regular participation does automatically define and provides actual notice by the participant that all uses and the need for access have been terminated, as well as defines an obligation by the participant to cover all expenses related to any damages caused, related maintenance needs, legal costs, the termination of access, the removal, storage, sale or disposal of any abandon, disposed or remaining structure, items, vehicle or tools. Fixtures including trees, plants, walkways, pavers, retaining walls, irrigation systems, structures and fencing are not removable items nor sellable or chargeable as an item of value to any other party. Installed items which have to be removed for safety or utility purposes as determined by conservator management must be removed by the installer or user, or all related expenses must be covered in advance by the participant. The site, habitat or facility herein described or utilized has been simultaneously established for other alternative uses on a full time basis to one or more additional parties or an assign or representative of the conservator management, consequently no rights are provided for the exclusive possession of all or part of said or related site, premises or areas. Rights to access are not based on possession or physical presence within an area, structure or site. During the first four months the restoring party will be considered a temporary participant. Any display of erratic, hostile or abusive behavior which can serve as an indication of further or potentially larger problems is sufficient and necessary cause to terminate all site or area participation and remove possessions within 7 days. Items attached to the land whether natural objects, plants, shrubs, trees, animal remains, rocks, concrete or metal are not personal property and not to be removed or damaged. When conflict can not be easily or rapidly resolved by any cooperative process then separation will be used. No intention is here made to unfairly or abruptly use such measures without consideration of the issues involved and the alternatives available. WithoutWhen natural resources become increasingly limited, each person can not individually abuse nature to learn the negative consequences of such actions by a process of trial and error. This process has already continued for millennia with tragic consequences and without any significant learning occurring. any particular and personal responsibility for abusive actions, such as payment for all related restoration efforts, then abuse is perpetuated, rewarded, financed and accelerated. The site user agrees to hold all persons harmless and free of any legal complaint, who may implement any conservation conditions related to the environment and any terms contained herein, including removal and disposal of possessions, losses, or pressure regardless of the claimed nature of such causes. Site uses do not include or provide for sustained abuse or personal conflict, nor is assistance provided or available for related personal problems. The site or property shall be utilized only by the person(s) identified in the original of this document as originally signed or as agreed by conservation management, and all obligations or conservation conditions referenced herein shall also apply to all visitors or associates of the participant who shall be full responsible for such visitors or associates in terms of any damages, losses, liability, medical needs and insurance. Subordinate uses or simultaneous uses may only be accomplished by conservation management either unilaterally or together with the consent of the signatory. A failure to comply with the terms of this agreement or if after three days no participation and contribution has been made then the lack of such participation shall be considered effective notice for ending all uses of the area in less than thirty days from the earliest date that any contributions were absent. Further any unused resources may be used to cover cleaning and restoration of the site or any damages. If damages or restoration costs are greater then an additional reimbursement shall be immediately provided by the participant. Any unpaid damages or expense shall constitute a permanent debt which is subject to collection procedures and any expenses incurred through the collection process whether legal, personal, material or professional. Arguments which evade responsibility, create blame, justify revenge, focus on unrelated issues, advance deception, are abusive or violent in nature are not tolerable approaches to perpetuate or justify any form of continuation, participation or use, and in fact specify full cause and require the immediate termination of access, participation and use for said party and any related associate. Where damages, abuses, costs, violation of conditions or delays in the reimbursement or restoration of damages are significant in nature as deemed by conservation management, or exceed any initial contribution, then any use or interest in an area or shall be terminated immediately and the aggressing or violating party shall be liable for all direct and indirect costs and labor required to implement the termination process, prevent access, restore damages or changes, and dispose of tools, possessions and any vehicle. Further it is herein agreed by the participant that no form of legal notice to leave need be provided by the conservation management in any such described circumstance and that the violating party shall immediately leave the area with any possessions, with or without the request of conservation management, and that the management shall have the right to remove and dispose of any remaining possessions in any manner and to make any uses of the area. Any property or vehicles abandon at the site for more than twenty days may be hauled away for disposal, sold for labor and expenses, delivered to a thrift store or otherwise given away; notice for such forms of disposal is provided by withholding or deferring contributions, or by the participants personal and continued absence from restoration work or the area for a period of three weeks. Posted notification to conclude participation may also be provided with a three day notice to conclude activities and remove all possessions, which may optionally be served in person, whether verbally, by telephone, by mail, electronic means or posted at the site, any of which shall also constitute full and complete notification, and regardless of the means of notification the signatory does agree to end uses and completely vacate the area by the end of the third day; and after such three day notification, the signatory does herein require that conservation management remove and dispose of any of the signatories possessions, dismantle any facilities, terminate access, change any lock and initiate any alternative site or area use and restoration efforts. Any expense related to the termination of participation, service of notice, legal and collection expense shall be the full responsibility of the terminating participant party, and any such expense not paid shall be considered a collectible debt. Regular contributions to expenses or recognized conservancies may increase based on maintenance, research or restoration program requirements. This agreement does not allow subordinate or other assigned uses, nor allow for any other purposes without the review and continued agreement of the conservancy, nor are any uses allowed by any participant nor other parties or a guest without adhering to and the acceptance of all terms of this agreement, as well as any additional requirements, conservation conditions and environmental needs. The signatory is also required to convey all terms of this agreement to any other user or visitor who they know, or directly or indirectly invite to or visit the site. These conditions are intended to encourage understanding, cooperation and respect for our own energy resources; to help reduce our needs and environmental impact through the effective use of solar resources, insulation and thermal mass. Contribution and the continuous maintenance of any necessary commercial facilities or utilities is the responsibility of the individual participant and not the conservancy or a manager; nor are bills, payment for utilities or maintenance a responsibility of the conservancy or management. Any participant who makes regular or extensive use of any facility including electricity, water or other resource will be required to pay a proportional share of the costs, as well as calculation and billing expenses based on such use; such uses and cost distribution will be made by the participant directly, without the intervention of the conservancy or management; and alternatively through any outside or cooperative provider. Any absence of cooperative participation or any advance reimbursement of any utility does require any party or person to disconnect or terminate use of any facility or utility, as a demand made by the signatory, with this document serving as a notice to require any other party to disconnect or terminate of any utility or facility. As required any form of meter reading, billing, maintenance, termination and collection may be assigned or maintained by any party or by any commercial entity. Separate card, coin or code operated metering may be implemented at any time. Irrigation resources, water, gas, heat, electricity, telephone or structural maintenance is not provided or included with any other kind of use or participation, nor is it a part of any location, purpose or facility, nor is its provision the responsibility of any other party, person or entity. Any expendable resource, utility or facility, including electricity is fully optional, discretionary and not specifically provided, and is considered temporary in nature, if available, and is not maintained or established for domestic, household, medical or commercial use. No person, organization or entity is nor may be held liable for the maintenance of irrigation resources, electricity or any other utility, nor any problem or loss that may occur from the absence of such resources; and any form of loss or termination may not include any form of personal, physical, emotional, or monetary issue, nor any other kind of loss of any nature. These conditions fully authorize any person or entity to shut-off or disconnect any resource or utility on a temporary or a permanent basis, at any time without any form of notification, particularly if cost coverage, absence or non-participation should in any way be recognized by any party or for any other cause. Further the participants agrees to hold any party harmless who may cause the disconnection of any utility, and no form of liability, small claim, civil or criminal procedure may be utilized against any other party for said termination or for any other cause, at the site or related to the purpose, use or any other issue. Where electricity or any other utility is essential then an independent and portable system which does not create noise, environmental harm nor interfere with other persons or purposes should be provided and utilized by anyone with such need. Any appliance is the property of and individual responsibility of their individual user, whether for electrical, heating or any other use or purpose, and such appliances must be understood, maintained and insured by their individual user. No appliance may be borrowed or provided by any other person, party or entity, nor be associated with, or considered to be provided by and a liability of, or warranted by any site or location uses; and each user shall be fully responsible for obtaining and maintaining all types and variety of safety devices; the proper use of each appliance in accordance with all recommendations; as well as all insurance on each appliance; without any type of liability being associated with any other party, person or entity, all of which shall apply to the proper connection, the appropriate maintenance of that connection, as well as any and all uses of such appliance. No participant may order any work done of any kind, nor authorize or require payment of any materials or utilities, nor assign any responsibility or requirement for payment of any bills to the conservancy, any cooperative or managing party. No participating party may add permanent fixtures to any structure or site which is later removed by the participant nor anyone assigned by a participant. If a regular contributions is absent or withheld for one month then any initial contribution may be assigned for that period, after deducting maintenance or restoration expenses, and then all participation or uses will be terminated, while allowing any cooperative or assisting party to remove any property, animals or facilities to: one) any participant’s alternative site, whether explicitly or implicitly known or assumed to be feasible, likely or an uncertain possibility; two) any location or storage site location whether secured or not, at cost to the user; three) through the sale of any property in order to cover any expense or disposal cost, as well as labor, storage, towing, collection or related costs; or four) by moving any property to a disposal or landfill location or any similar means. Any cooperative, conservancy or managing party, association or facility shall not be held as responsible or liable for any distress, damages or losses which could result from any disposal or transfer efforts. Storage of non-operational vehicles, motorcycles or trailers is not allowed. Parking for one car or one motor vehicle per driver, identified herein and not exceeding two in total, is allowable. Any additional vehicle requires: detailed site use consideration for each party and visitor, as well as permission from cooperative participants and management, the assignment of a location and a formal monthly use agreement, renewable or terminable on a quarterly basis. Temporary and periodic parking may be allowed for one additional vehicle for visiting purposes only, not to exclude any other visitor, not to exceed more than 8 hours daily and as space is available and not occupying any other participants space, as identified or as verbally assigned, otherwise off public highway parking or a commercial storage facility must be used. Site restoration shall not include business or commercial purposes nor the use of all land or facilities in any given area but shall be limited to a minimum described working area for any specific participant(s). Regular or intermittent use of the site by any additional person, other than as identified herein shall require permission by cooperative participants and conservation management as well as completion of a restoration agreement. When animal care is being exclusively provided, where allowed and not damaging to a site, all terms defined are continuously applicable, and access does not allow for the storage of vehicles or structures. Providing termination notice. Participants notice of termination and leaving of the premises may be provided and acknowledged verbally, or written one month prior to leaving or by the nonpayment of monthly expenses which also provides immediate notification. It is hereby requested and acknowledged that nonpayment of monthly expenses shall be considered full and complete notification to all other parties, and that all property related or personal uses are being fully terminated; and that no further notice need be given to management or any other party to move all contents and possessions, either to a local designated address, or the address provided as a referral, or to a storage facility chosen by any other party assisting, or if management or anyone assisting does not observe any substantial value for said items, then it is allowed to dispose of such items as they would find appropriate, whether for charity, to a land fill, for the payment of damages, cleaning, monthly expenses, labor, moving or storage costs. All storage, transportation, labor, liability and damages shall be at the expense of the owner and not the responsibility of any other party, management or facility. Not greater than a three day notice need be given by any party who is moving, storing or disposing of any possessions. Site or facility participation or utilization is as defined herein, is not residential and is only supportive to environmentally related purposes, and is only available on a day to day basis, and may be terminated by management if required by giving twenty-four hour notice, and without immediate requirements as determined by management by providing up to one week, or one month notification. Notice may be given either verbally, by phone, in writing, or through the mail to any given or currently shown address, also by electronic mail or fax. Maintenance responsibility. Damages, wear or maintenance of any needed or utilized facility, site, utility, interior or exterior structure is the full and complete personal and financial responsibility of the participant; and any related expenses, labor or material costs shall not be passed on to another party or management and is not included in any monthly expenses provided or mentioned herein. Each participant is required to personally obtain adequate and complete information, on their own time and at their own expense, to resolve any task, including any repair or maintenance task, whether from a competent person with adequate experience, a library or a published technical resource. Further any damages caused in the process of maintenance must be fully restored or payment made to fully pay for all related labor and materials needed for restoration efforts. Any participant is fully and directly responsible for all their own expenses, insurance, maintenance and labor; and no such personal or monthly expenses may be considered as rent, nor considered as expenditures which may be reimbursed by any other party. Indirect damages. All damages caused, expenses created, labor or costs incurred, whether directly caused by the participant and either instigated or indirectly caused through another party, or through any company, or any media, or indirectly caused through any government department or agency, or through or for any judicial or legal cause, whether against the facility, property or any related project, management or another participant particularly who has not intentionally caused any physical harm or for any damage which is restored, is in all instances completely prohibited; and all related labor and expenses incurred by management, including legal expenses and costs for personal time, shall be the full responsibility of the participant, the signatory, as well as any of their related or associated participants; and any and all such expenses created shall become an obligation that does not terminate after leaving the site; and such damages or expenses shall also include all collection related expenses, all legal research and related expenses, any supplies, labor or materials needed, the full compensation for any personal time required to resolve all related matters, as well as the personal expenditures of management which are to be billed at standard commercial rates for any task performed, including the rates to perform legal related tasks at not less than one hundred dollars per hour and while providing for attorney expenses at not less than two hundred dollars per hour. No punitive judgment against the signatory who has directly or indirectly intentionally caused significant harm or intentional damages may exceed four million dollars in damages plus the enumerated expenses. Further the participant or signatory who violates this agreement and directly or indirectly causes any such damages or expenses, does herein dedicate their personal and future assets to fully pay for all such expenses, beginning at this time, and continuing with the maintenance of all the terms contained herein after ending participation or leaving the site; all in perpetuity. If any conflict should arise between the participant, conservancy manager or any other cooperating party then a process of review of any site related issue may be initiated with managing and any related cooperating parties. All issues, objectives, solutions and costs will be documented by the parties of interest, reviewed, compared and assessed in terms of personal need, environmental impact, productivity, cost and desirability of result. If after one to three review cycles a reasonable, economical and mutually desirable result can not be achieved by all parties of interest then an outside mediator may be selected to resolve the matter by the parties together, or by the site manager alone where full participation of the parties is absent. Selection will be based on the mediator's or arbitrator's knowledge of all relevant issues, agreement conditions, land restrictions and easements, as well as the ability of the mediator to fairly review such issues. Any party disputing the conditions of this or any other related or relevant and written agreements or covenants will be responsible for all dispute resolution costs. Each party to this agreement will be required to adhere to all easements and property covenants, conditions and restrictions relative to the area. No party may bring any attorney to any dispute resolution procedure, unless the attorney is representing all parties equally with their mutual consent. This does not exclude a mediator or arbitrator who is an attorney. Litigation may not be used to resolve any dispute between management or any other site participants, nor any other issue. A party who is incapable or uninterested in resolving the issues and details documented here is responsible for the payment of all legal or dispute resolution assistance. No dispute may cover expense related to suffering, penalties or personal loss, as prohibited, agreed by participant, and required to be individually covered by each party through personal insurance, individual maintenance and the resolution of personal needs, and by leaving or concluding if any condition is considered not satisfactory or not maintainable. In accordance with California law A.B. 1240, enacted on September 14, 1988, operative July 1, 1989, and added to the Code of Civil Procedure Title 9.3 part 3, sect. 1298, the signature page contains a statement to exclude and prohibit litigation by allowing for mediation and providing for arbitration as alternatives by utilizing a persons who are knowledgeable of environmental law, consensus, community needs, botany, biology, reforestation and land restoration, as well as the objectives, purposes and conditions contained herein, and who proceeds in accordance with documented conservation conditions, in order to fully analyze all alternatives and impacts, to economically assist in finding a solution to a problem or a set of circumstances. The amount in dispute may not exceed the value of one contribution made during one month, nor exceed the cost of restoring environmental damages, including labor, materials, collection and legal expense. Cost of professional assistance will be born by the parties requiring such assistance, or not interested in or not capable of problem analysis or a solution review process as demonstrated by a lack of a contribution of personal effort, consideration, cooperation, or a demonstration hostility, abuse or damage. This agreement does not exclude any legal action by management to stop damages to property or persons, termination of access, collection of costs or expenses. The signatory allows and provides for cost of inquiries regarding any references, financial data, court cases, employer or prior management, or related information, either directly or through an intermediary or commercial service; and acceptance of this agreement allows time for and is based on the receipt of positive background information. This statement defines and openly makes available notification of the limitations of any use. Any form of use of any area or related facility or utility provides acknowledgment and notice of the full and complete acceptance of all terms and conditions contained herein. These conditions are a cooperative product of the participants and shall not be construed against any party. "NOTICE: BY SIGNING OR INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'RESOLUTION' OF DISPUTE PROVISIONS DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING OR SIGNING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. (, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISIONS ) IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "I AND/OR WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'RESOLUTION' AND 'ARBITRATION OF DISPUTES' PROVISIONS, TO MEDIATION AND/OR NEUTRAL ARBITRATION AS SPECIFIED HEREIN." The following is the name, address and related information for the restorers and conservators, and includes any and all of their visitors and associates.
Name(s):___________________________________________________________ Date:_______________________
License(s):___________________________________________________ SS.:______________________________
Home phone:_____________________________________________ Work phone:___________________________
Employer & address:_____________________________________________________________________________
Last manager phone/addr:_________________________________________________________________________
Person to contact in an emergency:____________________________________ Phone:______________________
Address:_______________________________________________________________________________________
Expense coverage:________________________________________ Initial coverage:_________________________ Excludes all tools, repairs, utilities, maintenance, transportation, storage, disposal, losses, liability, medical & insurance expenses.
Signature(s):____________________________________________________________________________________
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