Herkimer Mountain Release and Hold Harmless Agreement

In consideration of being allowed to enter the above property for the purpose of mineral collecting, I hereby release the above land owners, Dino Zampini and Robert Borofsky, ZBR Properties LLC, Herkimer Mountain LLC, et al, and the neighboring land owner of the initial access route, Raptis Evangelos, et al, their respective agents, servants and employees held harmless from any injuries, damage, losses, costs, claims and expenses occurring to me or incurred by me or my possessions as a consequence of my presence or activities on said properties. 

I realize I am permitted to go on the said property at my own risk and that Zampini, Borofsky nor Evangelos, ZBR Properties LLC, Herkimer Mountain LLC, et al, shall not be responsible to me for any conditions, dangerous or not, on said premises. 

I further agree to hold Zampini, Borofsky and Evangelos, ZBR Properties LLC, Herkimer Mountain LLC, et al, their respective agents, servants and employees harmless from any and all expenses, losses, injury, damage and claims, including attorney fees arising out of or caused by activities or presence on said property.

I UNDERSTAND that I enter the driveway with my vehicle at my own risk.  I am responsible if I get into a compromised situation and I will park in designated parking areas ONLY.

I UNDERSTAND that it is recommended to have a 4 wheel or all wheel vehicle to enter as the road is a raw dirt road.

I UNDERSTAND that I may dig only for the day paid for and only dig in designated digging areas, with no digging allowed in any undisturbed areas.     NO undermining of trees and their roots.     NO power tools of any kind.  Stay within the confines of the mine.

I UNDERSTAND there is No open toe shoes or bare feet permitted. CLOSED TOE REQUIRED. Boots recommended.

I UNDERSTAND that there are NO pets allowed on the property.

I VERIFY THAT I HAVE BEEN TOLD that it is known there are rattlesnakes in the area and I will be especially careful around logs, high grass, open ground, rock piles, holes and any other places rattlesnakes might be.

I UNDERSTAND that cancellations and changes can only be made up to 2 days before the reservation date. After that period, the reservation is non-refundable and non-transferable to another date. Unfortunately, no shows cannot be rescheduled. All refunds are subject to a cancellation fee. You may reschedule up to 2 days before your dig date. Rescheduling may not be carried over to the next season. Please note that weather conditions are not a reason for cancellation, we dig rain or shine. However, staff reserves the right to close down in case of severe weather conditions.

I UNDERSTAND that there are NO Illegal Drug Use on the property. If so, you will be asked to leave.  No Alcohol consumption is permitted while digging or in the dig areas.  Please be considerate of others as there is   NO Smoking of any substance on the grounds. Smoking is to be in personal cars only. It’s a fire hazard.

I UNDERSTAND there is No Glass in the digging areas. All trash needs to be removed by myself. There is no trash disposal on site.

I UNDERSTAND all of those under 18 are to be accompanied and watched by a parent or guardian at all times.

I UNDERSTAND that digging starts at 9 AM and strictly ends at 5 PM or a half hour before dark in the fall season.