billcoe Posted February 28, 2008 Posted February 28, 2008 Actual disclaimer for Nelson Rocks below "WARNING Nature is unpredictable and unsafe. Mountains are dangerous. Many books have been written about these dangers, and there's no way we can list them all here. Read the books. Nelson Rocks Preserve is covered in steep terrain with loose, slippery and unstable footing. The weather can make matters worse. Sheer drops are everywhere. You may fall, be injured or die. There are hidden holes. You could break your leg. There are wild animals, which may be vicious, poisonous or carriers of dread diseases. These include poisonous snakes and insects. Plants can be poisonous as well. We don't do anything to protect you from any of this. We do not inspect, supervise or maintain the grounds, rocks, cliffs or other features, natural or otherwise. Real dangers are present even on trails. Trails are not sidewalks. They can be, and are, steep, slippery and dangerous. Trail features made or enhanced by humans, such as steps, walls and railings (if any) can break, collapse, or otherwise fail catastrophically at any time. We don't promise to inspect, supervise or maintain them in any way. They may be negligently constructed or repaired. They are unsafe, period. Live with it or stay away. Stay on the trails whenever possible. The terrain, in addition to being dangerous, is surprisingly complex. You may get lost. Carry food, water and first aid supplies at all times. Rocks and other objects can fall from the cliffs. They can tumble down slopes. This can happen naturally, or be caused by people above you, such as climbers. Rocks of all sizes, including huge boulders, can shift, move or fall with no warning. Use of helmets (available at entrance station) is advised for anyone approaching the rock formations. They won't save you if you get hit by something big or on another part of your body. A whole rock formation might collapse on you and squash you like a bug. Don't think it can't happen. Weather can be dangerous, regardless of the forecast. Be prepared with extra clothing, including rain gear. Hypothermia, heat stroke, lightning, ice and snow, etc. can kill you. Rain can turn easy terrain into a deathtrap. If you scramble in high places (scrambling is moving over terrain steep enough to use your hands) without proper experience, training and equipment, or allow children to do so, you are making a terrible mistake. Even if you know what you're doing, lots of things can go wrong and you may be injured or die. It happens all the time. The Preserve does not provide rangers or security personnel. The other people in the preserve, including other visitors, our employees, agents, and guests, and anyone else who might sneak in, may be stupid, reckless, or otherwise dangerous. They may be mentally ill, criminally insane, drunk, using illegal drugs and/or armed with deadly weapons and ready to use them. We aren't necessarily going to do anything about it. We refuse to take responsibility. If you climb, you may die or be seriously injured. This is true whether you are experienced or not, trained or not, equipped or not, though training and equipment may help. It's a fact, climbing is extremely dangerous. If you don't like it, stay at home. You really shouldn't be doing it anyway. We do not provide supervision or instruction. We are not responsible for, and do not inspect or maintain, climbing anchors (including bolts, pitons, slings, trees, etc.) As far as we know, any of them can and will fail and send you plunging to your death. There are countless tons of loose rock ready to be dislodged and fall on you or someone else. There are any number of extremely and unusually dangerous conditions existing on and around the rocks, and elsewhere on the property. We may or may not know about any specific hazard, but even if we do, don't expect us to try to warn you. You're on your own. Rescue services are not provided by the Preserve, and may not be available quickly or at all. Local rescue squads may not be equipped for or trained in mountain rescue. If you are lucky enough to have somebody try to rescue you or treat your injuries, they may be incompetent or worse. This includes doctors and hospitals. We assume no responsibility. Also, if you decide to participate in a rescue of some other unfortunate, that's your choice. Don't do it unless you are willing to assume all risks. By entering the Preserve, you are agreeing that we owe you no duty of care or any other duty. We promise you nothing. We do not and will not even try to keep the premises safe for any purpose. The premises are not safe for any purpose. This is no joke. We won't even try to warn you about any dangerous or hazardous condition, whether we know about it or not. If we do decide to warn you about something, that doesn't mean we will try to warn you about anything else. If we do make an effort to fix an unsafe condition, we may not try to correct any others, and we may make matters worse! We and our employees or agents may do things that are unwise and dangerous. Sorry, we're not responsible. We may give you bad advice. Don't listen to us. In short, ENTER AND USE THE PRESERVE AT YOUR OWN RISK. And have fun! NRP Management " From here: Link Quote
billcoe Posted February 28, 2008 Author Posted February 28, 2008 Of course, they missed a few things which may come up in court in a few years, some suggestions they may wish to add: Not valid without this Disclaimer, do not remove under penalty of law: Disclaimer and Note: This superseeds all previous disclaimers. All recipients of this message please acknowledge the veracity, clarity and brevity of the following e-mail disclaimer which will not apply to you. This product is meant for educational purposes only. Any resemblance to real persons, living or dead is purely coincidental. Void where prohibited. Some assembly required. List each check separately by bank number. Batteries not included. Contents may settle during shipment. Use only as directed. No other warranty expressed or implied. Do not use while operating a motor vehicle or heavy equipment. Postage will be paid by addressee. Subject to CAB approval. This is not an offer to sell securities. Apply only to affected area. 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Take care: new non-slip surface. In case of flood, proceed uphill. In case of a flash flood, proceed uphill quickly. 100% pure yarn. Remove the plastic wrapper. Open packet. Eat the contents. Remove wrapper, open mouth, insert muffin, eat. Use like regular soap. Federal law prohibits the smoking of tampons in the lavatory. Instructions: usage known. Serving suggestion: Defrost. Simply pour the biscuits into a bowl and allow the cat to eat when it wants. In order to get out of car, open door, get out, lock doors, and then close doors. Please include the proper portion of your bill. Optional modem required. Actual product may not match expectations. Not valid with other offers. Copies freely and wantonly distributed over the internet and behind your back. Some exclusions may apply and the omnipresent "your results may vary", now get your ass back to work. Quote
KaskadskyjKozak Posted February 28, 2008 Posted February 28, 2008 I thought that government would protect us from getting hurt. Shouldn't these places be safe? Quote
bstach Posted February 28, 2008 Posted February 28, 2008 Thats nothing a good lawyer can't get around. I wipe my ass with your disclaimer. lol Quote
rob Posted February 28, 2008 Posted February 28, 2008 I've prepared a lawsuit. Anyone want in? I'd like to go class-action. Quote
ivan Posted February 28, 2008 Posted February 28, 2008 looks like seneca rocks, west virginia area? Quote
wfinley Posted February 28, 2008 Posted February 28, 2008 Nelson Rocks in on private land. They did have it open for a while to clmibing but the rock is rather chossy in places so they closed it down out of fear of injury. The rather lengthy disclaimer is due to a death on the via ferrata in '06. Nelson Rocks is home to the longest route in West Virginia... an 8 or 9 pitch traverse that goes along the entire fin. The last pitch is really cool... as you near the top the fin is so thin that you can see through to the other side as you're hand-jamming up! Quote
wfinley Posted February 28, 2008 Posted February 28, 2008 And yes... it's in WVa -- about 30 minutes from Seneca. Quote
wfinley Posted February 28, 2008 Posted February 28, 2008 i miss the New... Yep... me too!! I'm going to the New next fall for a short visit! Quote
RuMR Posted February 28, 2008 Posted February 28, 2008 i'm considering that...or indian creek...can't decide...do i want horizontal cracks/letterbox slots or vertical cracks?? damnit...did i mention work sucks my ass?? Quote
RuMR Posted February 28, 2008 Posted February 28, 2008 .... The other people in cascadeclimbers.com, including other visitors, our employees, agents, and guests, and anyone else who might sneak in, may be stupid, reckless, or otherwise dangerous. They may be mentally ill, criminally insane, drunk, using illegal drugs and/or armed with deadly weapons and ready to use them. Cascadeclimbers.com isn't necessarily going to do anything about it. We refuse to take responsibility, but we might moderate your ass into oblivion. .... Quote
Off_White Posted February 28, 2008 Posted February 28, 2008 Seeing as how waivers are only marginally useful in avoiding lawsuits, I decided to be blunt with the one for climbing in Tenino. " I accept that any day spent climbing at the Hercules #2 Quarry may be the last day of my life. All protection is suspect: bolts can pull and trees may be unstable due shallow rooting, disease, size, or other causes that are not readily apparent. The rock, Tenino Sandstone, can fracture in large and small pieces at any time without any warning. The owners recommend the use of helmets and belaying to the side of the person climbing, but do not guarantee that these measures will prevent injury or death. Beware of all blocks and flakes and do not equate size with stability: large flakes can detach and fall with very little encouragement. The owners do not vouch for the quality, strength or safety of any bolt or other protection placed at the Hercules #2 Quarry. Matters beyond the control of the owners may result in death, injury, or hideous and crippling disfigurement at any time anyone is at the Quarry. I accept that the owners in no way guarantee my safety or survival." Quote
RuMR Posted February 28, 2008 Posted February 28, 2008 you should revise the statement matters beyond the control of the owners... seriously...you don't want to be responsible even if the matters are in your control... seriously Quote
Off_White Posted February 28, 2008 Posted February 28, 2008 Hmmm, you're an engineer who must see a lot of contract language, I'd appreciate your suggestion, what should I revise that sentence to read? In person, I usually tell people that if they die out here I'll just dig a hole and throw them and their vehicle in it. That's why I have a backhoe attachment on my tractor. It's worked well every time so far... Quote
RuMR Posted February 28, 2008 Posted February 28, 2008 Maybe "the owners are not responsible for conditions caused by said owners nor for situations beyond their control"? Quote
Dechristo Posted March 3, 2008 Posted March 3, 2008 .... The other people in cascadeclimbers.com, including other visitors, our employees, agents, and guests, and anyone else who might sneak in, may be stupid, reckless, or otherwise dangerous. They may be mentally ill, criminally insane, drunk, using illegal drugs and/or armed with deadly weapons and ready to use them. Cascadeclimbers.com isn't necessarily going to do anything about it. We refuse to take responsibility, but we might moderate your ass into oblivion. .... Should probably include: There are wild animals, which may be vicious, poisonous or carriers of dread diseases. Quote
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