License: Kapowsin Terms of Use HANCOCK NATURAL RESOURCE GROUP TERMS OF USE Last Revised: [03/25/2019] These Terms of Use (“Terms”) are a legal agreement between you and Hancock Natural Resources Group (“ Company”) that governs your use of the website https://www.hancockrecreation.com (the “Site”). Your access to the Site is conditioned upon your acceptance of these Terms and you should not use the Site if you do not agree to these Terms. You must be a resident/citizen of the United States or Canada and at least 18 years of age or over the age of majority in the state/country where you are a resident/citizen to use the Site. By using the Site, you certify that you are 18 years of age or older and a United States or Canadian resident/citizen. By accessing the Site, you authorize the collection of information about you, computers and devices used to access the Site, your use of the Site, Site performance, and the use, transmission, processing, and storage of that information as described in the Site’s Privacy Policy available at https://www.hancockrecreation.com/privacypolicy. 1. Third Party Websites, Products, and Services; Additional Terms. You may need to use or obtain additional products or services in order to access and use the Site, such as a computer, laptop or other device, internet access, or a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission). 2. Appropriate Use of the Site and Content. The Site and all information, materials and other content included on the Site (collectively the “Content”) is provided to you for individual, personal, and non-commercial use. Except for the limited right to view set forth in this Section, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign the Site or Content to any third party. Nor may you communicate the Content to the public, remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content. You further agree not to interfere with the proper functioning of the Site or Content, not to use the Site or Content in a way that suggests you are a representative of Company, and not to use the Site or Content as a platform for external applications. The Site and Content may not be used to develop applications, services, websites, or any other functionalities that leverage the Site or Content. Any scraping, automated access, or other unauthorized access to and storage of Site or Content will result in immediate termination of your access to the Site, your account, and Content. You may not use the Site or Content for any illegal purpose. Use of the Site or Content for any purpose other than what is described in this Section is prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other intellectual property right of Company or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Company copyright. Any rights not expressly granted herein are reserved. 3. Registration, Username, and Password. You may register an account on the Site in order to access and use the full functionality of one or more of the services on the Site (“Account”). You agree to provide current, complete, and accurate account information when you register for an Account. You agree to keep your log-in information confidential and not authorize any third party to use it or your Account. You agree that we may attribute all use of your Account to you, and that you are responsible for all activities that occur under your Account. You agree to notify us immediately at: ALUOperations@hnrg.com if you suspect any unauthorized use of your Account, the Site, or any other breach of security. You may not use anyone else’s username, password, or account at any time without the express permission and consent of the holder of that username, password, or account. Company is not and will not be liable for any loss or damage arising from your failure to comply with these obligations. Depending on your account type or other criteria, your Account may not have full access to all features or functionality available through the Site. You agree not to attempt to access any (if any) restricted features or functionality. Upon registration for an Account, you will be asked to provide us with a telephone number at which we can reach you. That number is required so that we can reach you with informational calls and SMS and/or MMS text messages related to your transactions with us. The frequency of text messages that we send to you depends on your transactions with us and you consent to receive text messages sent through an automatic telephone dialing system. All calls to and from us may be monitored or recorded for quality and training purposes. 4. Site Availability. You may access the Site if and when it is available. Company does not guarantee availability of the Site or Content. The Site may occasionally be down for service, upgrades, or for other reasons. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. To the maximum extent authorized under applicable law, Company reserves the right to (i) change, remove, delete, restrict, block access to, or stop providing any or all of the Site and Content at any time and without notice, and (ii) suspend your Account, your use of the Site, and discontinue your access to the Content made available to you through the Site at any time without notice. 5. Information Disclaimers/No Obligation to Update. Information on this Site is not promised or guaranteed to be correct, current, or complete, and this Content may be out of date and may contain technical inaccuracies or typographical errors. Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider, or any other person or entity. Any reliance on the Content on this Site is at your own risk. Company assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site. 6. Site Support. Company has no obligation to provide any support in relation to the Site or Content. 7. Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. COMPANY AND ITS SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NONINFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE PURCHASE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT COMPANY’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION. 8. Disclaimer of Certain Damages. IN NO EVENT WILL COMPANY OR ANY SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SITE, CONTENT OR THESE TERMS, EVEN IF COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 8 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU. 9. Limitation of Liability and Exclusive Remedies. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 7 OR 8, COMPANY’S AND ITS SUPPLIERS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE SITE, CONTENT OR THESE TERMS WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE AND CONTENT UP TO $100. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THE SITE, CONTENT OR THESE TERMS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 9 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 9 MAY NOT APPLY TO YOU. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 10. Independent Remedies. The exclusion of damages under Section 8 is independent of your exclusive remedy in Section 9 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 8 and 9 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law. 11. Dispute Resolution. For any dispute or claim you may have arising out of or relating to the Site, Content or these Terms, you and we will each give the other the opportunity to resolve it by sending the other a written description along with relevant documents, supporting information and the proposed resolution. Notice to us will be sent to the contact in Section 14. We will attempt to notify you in writing if we have your email or mailing address. You and we each agree to negotiate disputes and claims in good faith. 12. Indemnity. You hereby agree to defend, indemnify, and hold Company, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and Content; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law. 13. Notices. Company may give you all required notices (including legal process) that Company is required to give by any lawful method, including by posting notices on the Site or by sending it to any email or mailing address that you provide to Company. You agree to provide current and accurate contact information to Company and to check for notices posted on the Site. You agree to send Company any notice to the following email address: ALUOperations@hnrg.com. 14. Users or Visitors Outside the U.S. This Site is controlled by Company from its offices within the United States of America. Company makes no representation that Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. 15. Changes to these Terms. Company reserves the right to change these Terms at any time upon notice to you which may be provided by updating these Terms on the Site. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at https://www.hancockrecreation.com/terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the Site after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, you should stop using this Site. 16. Reservation of Rights. Any and all rights, titles, interests, copyrights, or other intellectual property rights in the Site and Content belong to Company or its licensors and suppliers. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. 17. Termination. You may terminate your Account or your use of the Site at any time. Company reserves the right to terminate your Account and these Terms and to suspend or terminate the Site or your access thereto at any time with or without prior notice. Sections 4-12 and 14-19 of these Terms will survive termination. 18. Governing Law. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. The laws of the State of New York will govern the interpretation of these Terms applies to all claims under or for breach of it or relating to the Site and Content (regardless of conflict of laws principles). You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the Borough of Manhattan, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 19. General. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Company intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Company agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Company if it is in a written document signed by Company. Both you and Company warrant to each other that, in entering these Terms, neither Company or you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Company, or Company’s successors and permitted assigns, will have any right to enforce any of these Terms. Copyright © 2019 Hancock Natural Resources Group. All rights reserved. Hancock Natural Resources Group, 197 Clarendon Street, C-08-99, Boston, MA 02116 Hunting Addendum This Exclusive Hunting Club Addendum amends and modifies the Recreational Access License Agreement between the Parties. In the event of any conflict between the provisions of this addendum and the standard terms and conditions, the terms of this addendum shall control. 1. Exclusive Hunting Club License. Notwithstanding anything to the contrary in this Contract, the Recreation Rights granted to Licensee under this Contract includes the exclusive right to hunt on the Timberland, subject to the terms and conditions set forth in this Contract, including, without limitation, that Licensee comply with all separate licensing requirements of the State and obtain all required tags and permits. 2. Licensee Parties. Notwithstanding anything to the contrary in this Contract, this License includes the right to permit entry to members or guest of Licensee’s hunting club and such persons are Licensee Parties hereunder provided that such persons agree to comply with the terms and conditions of this Contract. Licensee shall provide a copy of this Contract to each Licensee Party. No Licensee Party shall enter on or use the Timberlands under this License unless such person has fully read and acknowledged its agreement to abide by the terms and conditions of this Contract. It is understood and agreed that Licensee and all Licensee Parties shall each be the age of majority under the laws of the State and with regard to any minor with whom he hunts or who accompanies him on the Timberland, Licensee and each Licensee Party will defend, indemnify and hold harmless the Owner Indemnitees from any expense or liability incurred in connection with any claim, action or suit brought by or on behalf of such minor or by any third parties which might arise from or in connection with such minor's use of and presence on the Timberland. 3. Hunting Terms and Conditions. i. No Shooting Range. No dedicated shooting range is to be maintained on the Timberland – members and guests may have an area to sight in firearms on an incidental basis, but no other shooting activities may take place in such area, including but not limited to activities such as target practice, plinking, or shooting contests. ii. No Recreational Sport Vehicles. Vehicular travel on or across the Timberland is limited to the established roads now located thereon, and is expressly prohibited in, on, over, or across areas on which young timber stands have been established. Unless expressly permitted elsewhere in this Contract, the use of four-wheel-drive (all wheel) or all-terrain vehicles (ATV) as well as the use of the Timberland for recreational and off-road vehicle "sporting purposes" is expressly prohibited. Vehicles, including, but not limited to all-terrain vehicles, are to be operated only for the purpose of, and in connection with, hunting and fishing activities covered under this Contract and may not be used for recreational off-road "sporting purposes". iii. No Short-Term Sales. Selling daily or short-term permits to non-members of the hunting club is strictly prohibited. The operation of this License as a commercial hunting preserve (including the selling of daily or short-term permits to any non-members) is strictly prohibited and will result in immediate termination of this Contract. iv. Dogs. Licensee may utilize the assistance of dogs for the hunting of squirrel, rabbit, raccoon, birds, and feral swine only so long as such hunting is done in accordance with local, state, and federal laws and regulations; provided, however, the hunting of feral swine with dogs may not occur during deer season. Except as provided herein, Licensee may not use dogs on the Timberland for the purpose of hunting any other species, including, but not limited to, deer or bobcat. Further, Licensee may not cast, release, or otherwise place a dog on the Timberland for the purpose of training said dog to be utilized in the hunting of any species other than squirrel, rabbit, raccoon, and birds. Notwithstanding the foregoing restrictions of this Section, provided Licensee has obtained the prior written consent of an Owner Party and a prohibition on hunting with dogs is not identified in the restrictions for the Timberland, Licensee may hunt deer with dogs on the Timberland provided such hunting is done in accordance with all applicable laws. Licensee may request consent for to hunt deer with dogs via the “contact us” page on the Website. v. Firearms. This Contract and the License granted hereby prohibits the discharge of weapons within 500 yards of a working party employed by, or under direct or indirect contract to, an Owner Party or from any vehicle, occupied dwelling, residential development, public property or place of business. Licensee acknowledges the inherent danger of discharging a firearm and will take all necessary precautions so as not to endanger the lives or property of an Owner Party or others. In furtherance of the foregoing, Licensee agrees to keep all firearms in a “safe” position when around a working party employed by, or under direct or indirect contract to, an Owner Party. vi. Rules and Regulations. Licensee shall abide by all Rules posted on the Website with respect to the type of hunting permitted. In the conduct of its rights hereunder, Licensee hereby agrees to comply with all applicable laws, statutes, ordinances and regulations of federal, state, and local governments and agencies thereof, including but not limited to, compliance with all conservation and environmental protection and Fish and Game laws and regulations of the United States and of the state where the Timberland is located, including, without limitation, as to any restrictions or allowances, and all restrictions identified for the Timberland. Licensee is responsible for and shall obtain all permits or authorizations required in its use of the Timberland for the purposes set forth in this Contract. vii. No Structures. Hunting stands and game cameras are allowed if they are temporary so that nothing is driven, screwed, or nailed into the tree causing damage to the tree. Stands are not permitted between the ditch lines of any road and must allow for road maintenance activities. All stands must be a minimum of 150 feet removed from boundaries of the Timberland. Box stands may not be constructed in any road, regardless of size, usage, or lack of ditches. viii. Trapping. Except as identified as a restriction on the Timberland, trapping is permitted in accordance with applicable Fish and Game laws. ix. Food Plots. Licensee may plant temporary food plots in areas such as old machine sets. If Licensee has purchased the ability to plant a dedicated food plot, Licensee must obtain consent of the Owner Party to the location of such dedicated food plot via the “contact us” page on the Website. Dedicated food plots may be up to one acre in size and may not be located (a) within any existing roadbed; and (b) on any acres currently planted with Timber. No trees shall be removed for the construction of any food plot. x. Harvesting of Game. When game is harvested, all required paperwork should be filled out and submitted in accordance with applicable laws governing use of the Timberland and any hunting thereon. 4. Hunting Club Code of Ethics. It will be the responsibility of the Licensee to furnish each hunter or guest with a copy of this Contract. Each Owner Party reserves the right to deny access to the Timberland to any person or persons who fail to follow the provisions of this Contract, including, without limitation, for any of the following reasons: drunkenness; carelessness with firearms; trespassing on property of adjoining landowners; acts which could reasonably be expected to, or which an Owner Party determines in its sole and uncontrolled discretion may, strain relationships with adjoining landowners; or any other activities which to the ordinary person would be considered objectionable, offensive, or to cause embarrassment to an Owner Party or be detrimental to such Owner Party’s interest. Failure of Licensee to expel or deny access to the Timberland to any person or persons after being notified to do so by an Owner Party is a material breach of this Contract. i. No Violation of Hunting Laws. Hunting is an integral part of wildlife conservation. Licensee pledges to hunt in accordance with conservation laws and rules. Licensee will insist that all Licensee Parties obey all hunting laws. There will be no tolerance for violators in any hunting club and any such violation will result in immediate cancellation of this License. ii. Safety. Hunting is a great experience when done safely. Licensee pledges to hunt with safety first in mind at all times. Licensee will instruct all Licensee Parties to hunt safely and insist that the hunting club have safety rules that all members follow. Close calls, injuries, and tragedies ruin the hunting experience. Licensee and any Licensee Party will not hunt near any active operations which Licensee acknowledges and agrees will at all times have priority over hunting activities. iii. Respect for Hunting Property. It is at the Owner Party’s pleasure that Licensee is allowed to hunt and enjoy the use of the Timberland. The Licensee hunting club pays a very modest fee for the privilege to hunt when considering the total value of the Timberland. Timber management activities (including timber cutting, helicopter operations, tree planting and other operations) have priority over all other activities including hunting and there will be no price adjustments for timber management activities that occur during hunting season. iv. Respect and Courtesy towards Neighbors. It is the policy of Timber Owner to be good neighbors with neighboring property owners. Licensee and all Licensee Parties pledge to help Timber Owner be a good neighbor by being courteous and respectful to neighboring landowner’s and their interests. Licensee and all Licensee Parties shall not go onto any neighboring property without permission of the applicable landowner. Licensee and all Licensee Parties will not competitively hunt along property lines or near food plots on neighboring property and agrees not to take any action to cause conflict or ill feelings with the landowners of neighboring properties. No hunting stands may be placed within 150 feet of a neighboring property. Licensee will be proactive in working with any landowner of neighboring property to resolve any hunting conflicts that arise. If Timber Owner allows Licensee to dog hunt, Licensee understands that it will be allowed only as long as the neighboring landowners do not have issue with dogs crossing onto their property. It is the club’s responsibility to work with neighboring landowners on dog hunting issues. Licensee will be courteous and professional when approaching strangers on property and asking if they have permission to be there since many other people have rights to enter the property. At no time shall Licensee approach any person with a gun drawn. v. Assist Landowner With Forest Protection. One value a hunting club can add is being the eyes and ears for each Owner Party. Licensee agrees to report any fires, dumping, beetle damage, potential health issues with wildlife species, encroachments on property lines, gate problems or other issues to Owner Party via the Contact HNRG form on the My Account page of the Website. vi. No Protection. Neither Owner Party shall have any responsibility to protect the Timberland or the game on the Timberland from injury or damages from natural causes or the actions of any third party. Kapowsin Addendum 2020 Motorized Recreation Access Rules and Regulations for Kapowsin Timberlands 1. Permit is for the personal use of a single adult and his or her dependent children 17 years and younger. Permits are nontransferable or refundable. Permit only allows access to the property for the permit holder. IF PERMIT HOLDER ALLOWS ANY OTHER PERSON TO ENTER THE PROPERTY, THIS PERMIT SHALL BE AUTOMATICALLY REVOKED. This permit is strictly for recreation access. No research or commercial activities are allowed. Each permit is for the individual only. Any spouses, or adult ride a-longs, are required to have their own access permit. 2. Any person accessing the property for recreational purposes must have a Recreation Access Permit. The signed permit must be in the possession of the permit holder. Permit will not be replaced for any reason. Permits are required for horseback riding, hiking and bicycling on property. 3. Access dates are from April 1, 2020 through March 30, 2021. Access is allowed any day of the week from one and one half hours before sunrise to one and one half hours after sunset. No access is allowed on July 3rd, 4th, 5th or 6th of 2020. Property owners may add or delete access areas by posting signs as the only notification to permit holders. 4. No access is allowed during modern firearm, archery and muzzleloader bull elk seasons in GMUs 652, 653 and 654. Kapowsin and Buckley are open for December-February antlerless elk hunts. See Washington Big Game Hunting Regulations for details. 5. Elk Hunting - All permits purchased by May 11th, 2020 will be entered into the bull elk draw. Kapowsin will draw 3 archery, 3 muzzleloader, and 5 modern firearm hunters. The forest will be closed to ALL recreation during those hunts with the exception of those drawn during their season. In addition to our email and website notifications, it is your responsibility as a permit holder to be aware of those dates and know when the forest is closed. 5. Deer Hunting –In an effort to improve hunting quality, Hancock will be setting regulations that go beyond WDFW regulations for our property. If you violate private regulations, your permit will be revoked and you will be permanently banned from Hancock Property. There will be a two-point minimum set for all deer seasons and weapon types. The Kapowsin and Eatonville permits will not allow general season antlerless deer hunting. Antlerless deer harvest will only be allowed if the permitee is drawn from the Youth, Disabled, or 65 & Over WDFW special permit categories 6. One vehicle windshield sticker will be issued for every permit sold. The decal must be permanently affixed to the bottom driver’s side corner of your windshield. You will be able to access a paper copy of your permit online and must carry this with you at all times. The paper permit and vehicle decal will both have your permit number and they must match. You may be asked to show photo identification to verify you are the permit holder named. If unable to verify you are the permit holder you may be asked to leave the tree farm until identification is received. 7. One key will be issued with each permit. Permit holder is responsible for security of gate key. Gate key will not be replaced for any reason. Gate key allows access only to the gates specified for recreation access. Access points are through Buckley gate off of Ryan Road accessing Buckley block; Bridge gate off of Electron Road, south of Orting accessing Kapowsin Timberlands north of the Puyallup River; Kapowsin gate off of Camp 1 Road Kapowsin, WA accessing the area south of the Puyallup River. 8. Permit holder is responsible for closing and locking the gate behind him or her upon entering and exiting the property. If permit holder leaves the gate open, then this permit will be automatically revoked. 9. Permit holder may not or permit others to: (i) Use or possess (whether on his or her person or in a vehicle) alcohol, marijuana, or illegal drugs while on the property; or (ii) enter or remain on the property while under the influence of alcohol, marijuana, or illegal drugs. In addition, RCW 46.61.519 and RCW 46.61.005 apply while on property. 10. No fires, open flame, fireworks or any other items or activities that may cause fires. Smoking is not allowed outside of a vehicle. 11. NO CAMPING or parking overnight EXCEPT with additional camping permit and hang tag in designated camping areas. 12. Drive safely at all times with vehicle headlights on and with the driver and all passengers seated within the passenger compartment of the vehicle with seatbelts securely fastened at all times. Drivers must stay to the right side of the road and be able to stop within half their sight distance. The maximum speed limit is 30 miles per hour unless otherwise posted. Forest management traffic such as log trucks, rock trucks, service trucks and crew vehicles have right-of-way. Parked or standing vehicles may not block or impede traffic at gates or on roadways. 13. Up to 5 cords of firewood may be cut annually from April 1 to April 14 and from October 16 to March 30 for personal use only. Firewood must be cut from designated areas and removed in firewood lengths. A firewood tag must be firmly attached to the load of firewood, one tag for every ¼ cord of firewood on the load. A cord of firewood measures 4’ x 4’ x 8’ and equals 128 ft3, ¼ cord equals 4’ x 4’ x 2’ or 32 ft3. The month and day must be fully punched out of each tag that is affixed to load. Tags may not be re-used, reproduced or sold. Firewood may not be gathered outside the regular firewood season or from outside designated areas. Winching wood out of units, use of firewood splitters or commercial size vehicles are prohibited. Cutting snags, buckskin logs, old growth and cedar is prohibited. Protect planted seedlings in areas where cutting. Firewood is not guaranteed, it is on an as available basis. Firewood units will be signed with “Firewood Cutting” signs and unit maps emailed out. 14. Between April 15 and October 15, carrying a 5-pound BC fire extinguisher and shovel is required by DNR. 15. No littering or dumping of garbage. 16. Berries, mushrooms and other forest products may be picked for personal use. No Christmas tree cutting. 17. No off-road vehicles, electric bicycles, ATVs, UTV’s motorcycles or snowmobiles are allowed, not even in the back of the pick-up. Horses may be ridden only in areas designated on map. 18. No target shooting. Firearms may be used for hunting during hunting seasons authorized by Washington Department of Fish and Wildlife (WDFW) only. Bag limits and regulations established by the WDFW apply. Property managed by Hancock Forest Management is not considered “open and unclaimed” for the purposes of treaty hunting. 19. Dogs and other animals must be under owner’s control. No hounds are allowed on property during any deer or elk season. 20. Tree stands and game cameras are allowed if they are temporary so that nothing is driven, screwed, or nailed into the tree causing damage to the tree. 21. When game is harvested, game harvest cards must be filled out and left in box at gate before leaving property. Permit holders must fill out a sign-in card and leave at gate when entering property. 22. Permit holder must abide by all signs posted on the property and the instructions of any employee or representative of property owners. 23. Permit holder must abide by all modifications to these rules and regulations. Permit holder must report any accident that occurs while on property to Hancock office at (253) 271-3127 within 24 hours of occurrence. 24. VIOLATION OF THESE RULES AND REGULATIONS WILL, AT THE DISCRETION OF PROPERTY OWNERS, RESULT IN THE REVOCATION OF THE PERMIT. ALL SALES ARE FINAL; REFUNDS WILL NOT BE GIVEN FOR ANY REASON. Release of Liability Permittees will comply with all laws of the State of Washington and with the Rules and Regulations. Owners and Hancock reserve the right to modify the Rules and Regulations at any time and such modifications shall be binding on Permittees. Permittees may hunt and fish on Hancock managed properties and all persons hunting and fishing, tribal and nontribal, are required to abide by the state laws, rules and regulations set by the Washington Department of Fish & Wildlife Commission. VIOLATORS THEREOF WILL INVALIDATE THIS PERMIT AND ARE SUBJECT TO CRIMINAL OR CIVIL CHARGES FOR RCW OR WAC VIOLATIONS, INCLUDING TRESPASS. This permit is for recreational access only. Permittees agree not to cut, damage or destroy any timber located on Kapowsin Timberlands. The cutting, damaging or destroying of any such timber shall be considered willful trespass and Permittees shall be liable to the Owners in a sum equal to three times the damage sustained on account of the cutting, damaging or destruction of such timber. Permittees shall pay Owners for all other damage to Kapowsin Timberlands caused directly or indirectly by the acts or omissions of Permittees. WARNING! POSSIBLE DANGEROUS CONDITIONS! Permittees are cautioned that Kapowsin Timberlands are primarily used for the production of forest products and that Kapowsin Timberlands may include very dangerous conditions (including, without limitation, the presence of log trucks, rock trucks or other forest harvesting and management vehicles, equipment and operations including chemical application). Many roads and sites on Kapowsin Timberlands are primitive and not maintained. Neither Owners nor Hancock make any representations, warranties or guarantees as to the fitness, safety or suitability of any portion of Kapowsin Timberlands (including, without limitation, the roads, other improvements and all other aspects or conditions of Kapowsin Timberlands) for any recreational use or vehicle. There may be unmarked hazards on Kapowsin Timberlands and Permittees agree to assume the risk of such unmarked hazards. Permittees expressly assume all risks that are in any way related to their activities on Kapowsin Timberlands, and all risks incident to the condition of Kapowsin Timberlands (including, without limitation, the roads, other improvements and all other aspects or conditions of Kapowsin Timberlands). Permittees waive all claims against Owners, Hancock and their respective agents, property managers, employees, affiliated entities and contractors, for injury to or death of any person or persons or damage to property in connection with the access granted by this Permit or the condition of Kapowsin Timberlands (including, without limitation, the roads, other improvements and all other aspects or conditions of Kapowsin Timberlands). Permittees shall adhere to all requests of Owners and Hancock with regard to gates and/or other methods to limit unauthorized access to Kapowsin Timberlands. Permittees represent and warrant that the insurance listed below is a valid and existing policy and has not been, and shall not be, cancelled during the duration of this Permit. Permittees shall provide evidence of such insurance to Owners and Hancock upon request. Permittees’ insurance coverage shall be primary, exclusive of any coverage carried by Owners or Hancock, and shall be exhausted first notwithstanding that Owners or Hancock may have other valid and collectible insurance covering the same risk. Nothing contained herein shall limit Permittees’ liability to Owners or Hancock to the scope or the amount of the insurance coverage. This permit may not be sold, assigned or in any manner transferred or encumbered in whole or in part. Any attempted sale, assignment, subletting or other attempted transfer shall be void. This permit is not for resale, transfer or personal gain By accepting this permit, Permittees agree to reimburse, indemnify, defend and hold Owners, Hancock and their respective, property managers, employees, affiliated entities and contractors, harmless from and against all claims, causes of action (including, without limitation, those relating to personal injury), liabilities, damages, costs and expenses (including, without limitation, attorney fees and costs at trial and on appeal) of any nature arising from any acts or omissions of Permittees while using Kapowsin Timberlands or violation of the terms of this Permit (including, without limitation, failure to abide by the rules and regulations.) Owners and Hancock shall not be obligated to provide any rescue services or any other type of emergency services on Kapowsin Timberlands. However, if Owners or Hancock do engage in such emergency services on behalf of Permittees, Permittees agree to reimburse Owners and Hancock for all costs and expenses incurred in performing such services, and agree to hold Owners and Hancock harmless for any and all personal injury or damage to property resulting from such emergency services. I/We agree to show this Permit & photo identification to any law enforcement officer and representative of Owners and/or Hancock. 2020 Kapowsin Camping Rules & Regulations 1. This permit allows Motorized Recreation Access permit holders to stay overnight (camp) at designated areas at Kapowsin Forest. Camping permit is for personal use and is non-transferable. 2. Permit only allows camping for the permit holder and his or her immediate children 17 years and younger. . IF PERMIT HOLDER ALLOWS ANY OTHER PERSON TO ENTER THE PROPERTY, THEN CAMPING PERMIT AND PERMIT HOLDER’S RECREATION ACCESS PERMIT SHALL BE AUTOMATICALLY REVOKED. 3. Any person accessing the property for camping must have a current Motorized Permit for Kapowsin Forest. The signed permit must be in the possession of the permit holder. All recreation access Rules & Regulations apply to camping. In addition, the following rules apply. 4. All nighttime driving outside of campground is prohibited from 1½ hours after sunset to 1½ hours before sunrise. Driving outside of campground area at night is allowed in case of emergency only. 5. No camping is allowed July 3rd, 4th, 5th, or 6th,. No camping allowed during any bull elk season unless you are drawn for the special elk hunt. 6. A sign in form must be completed prior to staying on the premises at the entrance gate. Camping permit holders must check off ‘Camping’ on the sign-in card, indicate where they will be camping and leave at gate when entering property. If camping permit holders camp in a location other than what is indicated on the signin card, they must fill out a second card with the correct location. 7. Camping permit holders may camp only in the designated areas indicated on the map. No reserving of campsites is allowed or reserving (saving) for a fellow camper. Camping is on a first come first served basis. Owner makes no representation as to the availability of camp sites. Permit holders must return to camp and accompany their camp trailer or other equipment every evening. Maximum stay limit is 14 consecutive days, limited to 14 days on the property in a single month. 8. One camping hang tag will be issued for every permit sold. Hang tag must hang from rear view mirror when parked in camping area and be visible to security personnel. In addition, recreation access windshield sticker must be attached to the lower left corner on the outside of the windshield of vehicle. 9. As stated in recreation access Rules & Regulations, permit holder may not or allow others to: (i) Use or possess (whether on his or her person, in a vehicle or at camp site) alcohol, marijuana, or illegal drugs while on the property; or (ii) enter or remain on the property while under the influence of alcohol, marijuana, or illegal drugs. In addition, RCW 46.61.519 and RCW 46.61.005 apply while on property. 10. Fires are allowed in fire rings only between April 1 to April 14 and October 16 to March 30. At the discretion of property owners, campfires may be restricted without prior notice regardless of fire level. Campers must build their own fire rings or use those previously established. Fire rings may not exceed 3 feet in diameter. All fires must be extinguished before leaving the camp site. Smoking is not allowed outside of any vehicle or recreational vehicle. Generators must have approved spark arrest exhaust systems. 11. Firewood may be cut or gathered from areas designated under the recreation access program only. When cutting or gathering less than ¼ cord of firewood to be taken directly to campground and used in campground, no firewood tag is needed. All other recreation access rules related to firewood cutting apply. 12. No fireworks allowed. No target shooting. 13. No littering or dumping of garbage. Absolutely no dumping of grey-water or septic tanks while on property. 14. Dogs and other animals must be under owner’s control. 15. Camping permit holders must observe quiet hours from 10 pm to 7 am. 16. Permit holder must abide by all signs posted on the property and the instructions of any employee or representative of property owners. The property owners reserve the right to limit or prohibit access due to safety, fire hazard, extreme weather or other asset protection reason. 17. Permit holder must abide by all modifications to these rules. Permit holder must report any accident that occurs while on property to Hancock office at (253) 271-3127. 18. VIOLATION OF THESE RULES WILL, AT THE DISCRETION OF PROPERTY OWNERS, RESULT IN THE REVOCATION OF CAMPING PERMIT AND RECREATION ACCESS PERMIT. ALL SALES ARE FINAL; REFUNDS WILL NOT BE GIVEN FOR ANY REASON.