North Fork Mountain Assumption of Liability Agreement

UPDATED : May 2016

Kevin Kisamore grants permission to enter the North Fork Mountain site only under the terms of this contract. Presence on the property without signing this registration form or otherwise obtaining land owner permission constitutes a trespass.

I,_________________________________the undersigned accept all responsibility for damages, accidents or harm (including bodily injury or death) to myself or other persons, or real and personal property damage on account of coming onto said property including but not limited to, connected with or growing out of any and all activities of any kind whatsoever, including but not limited to any activities associated with or related to Hang Gliding or Paragliding including but not limited to launching, flying or landing of any flight device while in the area or any property owned by landowners or any property owners or heirs upon which the pilot and/or flight device may land upon. This contract includes all of the time I am in the area. Once I enter the area, I am responsible for myself and other people who are with me under the terms of this contract.

I also agree to waive my rights to legal action and to hold blameless the landowners and property owners upon which I may launch or land and their family members heirs, agents and employees from any and all claims (including legal costs) while I am in the area.

This contract is binding upon heirs, next of kin, executors and administrators of estate.

This contract is based on

WEST VIRGINIA CODE

CHAPTER 19. AGRICULTURE.
ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS

updated with legislation passed through the 2015 Regular Session

 

The applicable West Virginia Code is intended for the purpose of making available land areas for recreational purposes by limiting their liability for injury to persons entering thereon and for injury to the property of persons entering thereon and limiting their liability to persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon. For that purpose, the referenced West Virginia Code shall apply.  

Subject to the provisions of this article, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational or wildlife propagation purposes, or to give any warning of a dangerous or hazardous condition, use, structure or activity on such premises to persons entering for such purposes.

Subject to the provisions of section four of this article, a owner of land who either directly or indirectly invites or permits without charge as that term is defined in section five of this article, any person to use such property for recreational or wildlife propagation purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose; or (b) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

As stated, the land owner owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon the land of any dangerous or hazardous conditions, uses, structures or activities thereon:

(a) Extend any assurance to any person using the land that the premises are safe for any purpose; or

(b) confer upon those persons the legal status of an invitee or licensee to whom a duty of care is owed; or

(c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a person who enters upon the leased land.

Definitions.

(A)   For purposes of limiting liability;

     "Land" includes, but is not limited to, roads, private ways and buildings, structures and machinery or equipment when attached to the realty;

     "Noncommercial recreational activity" does not include any activity for which there is any charge which exceeds $50 per year per participant;

     "Recreational purposes" includes, but is not limited to, any one or any combination of the following noncommercial recreational activities: picnicking, hiking, pleasure driving, motorcycle or all-terrain vehicle riding, bicycling, aircraft or ultralight operations including hang gliders, paragliders of other foot launched aircraft;

.

               Then owner of the land owes no duty of care to keep the premises safe for entry or use by others or to give any warning of a dangerous or hazardous condition, use, structure or activity on the premises to persons entering for those purposes.

Name (printed)_________________________              Date              __________________

Address     _____________________________              Signature     __________________

Phone #     _____________________________            Email              __________________

 Ben Herrick

 Box 437

 DryFork

 WV

 26263