Cabin

• Pay a nightly User Fee.
• Accept the cabin as is, and to keep the area clean and free from trash/litter.
• Respectful and safe behavior towards all other cabin users.
• To park vehicles in designated areas.
• To inform TCA and pay for or repair any damage you or your guests cause to the cabin or premises.
• To follow all applicable TCA policies, rules and guidelines.
• To follow all local, state, and federal laws, regulations and policies.
• No underage drinking or use of illegal drugs allowed.

Policy
Sexual harassment is defined by the TCA as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Behaviors constitute sexual harassment when this conduct explicitly or implicitly creates an intimidating, hostile, or offensive environment while on TCA property.

The term "sexual harassment" may be used to describe a wide range of behaviors. It includes, but is not limited to, the following: generalized sexist remarks or behaviors; requests for sexual favors; sexual advances, whether sanction free, linked to reward, or accompanied by threat of retaliation; the use of authority to emphasize the sexuality or sexual identity of another TCA property user in a manner which prevents or impairs that user's full enjoyment of use of TCA property.

Reporting Harassment
If you believe that you have experienced or witnessed sexual harassment or other discriminatory harassment while on TCA property, you are strongly encouraged to report the incident immediately to TCA Board members. You may contact TCA board members with any questions or concerns:

• Rachel Wheeler, TCA Board President, (317) 730-0207, [email protected]

After being informed by the Shelburne Manager or otherwise of a report of a violation of any rule applicable to the Shelburne Cabin, the Board of the TCA will take whatever action, if any, it deems appropriate, which may include promptly investigating all reports of misconduct as discretely and confidentially as practicable. Responses for violations may include, but not be limited to, individual(s) not being welcome at TCA property for a prescribed period of time and/or reporting the violation to law enforcement officers.

I understand and acknowledge that I have been invited by the Trail Crew Association (TCA, Lessee), who leases the TCA Shelburne Cabin (Premises), under a Lease with Wagner Forest Management, Ltd. (Lessor), to enter onto said Premises and to undertake activities on those Premises and, potentially, on other lands owned by the Lessor which may be open to public recreational use.

In consideration for my being permitted to enter onto the Premises, and use the same and other lands of Lessor, including but not limited to other lands over which I have passed to access the Premises, I agree to the following Waiver and Release.

I acknowledge use of the Premises and Lessor’s lands will have inherent risks, hazards, and dangers for me that cannot be eliminated, particularly in a remote area. I understand that these risks, hazards, and dangers may result in damage, injury or even death.

I further acknowledge that these risks, hazards, and dangers include, but are not limited to, the following:

• These lands include natural and managed forest areas, streams and other water bodies, and rugged terrain that may be dangerous.
• I may encounter wildlife, including insects, that may be dangerous.
• Weather conditions may be unpredictable, adverse, and dangerous.
• Because these lands are remote, assistance or medical attention may not be readily available if I have an emergency of any kind. I further acknowledge that cell phones may not have coverage in such remote areas.
• I may encounter land managers or their contractors working on other lands of Lessor, including but not limited to timber harvesting and road work, and I further acknowledge that such work areas may be dangerous.
• I may encounter other people recreating on Lessor’s lands, including Lessees, guests, or members of the public. Some may possess and use vehicles, firearms, or other dangerous equipment.
• Recreational activities may require good physical conditioning, specialized skills, specialized knowledge, appropriate training, and/or safety equipment.

My entry onto and use of the Premises and lands of Lessor, are strictly voluntary. I am electing to enter onto and use the same in spite of the risks. I take full and personal responsibility for understanding the nature of any activity I undertake, and for planning for my own safety.

I hereby assume and accept any and all risks associated with my entry onto the Premises and lands of Lessor, and my use of the same.

Furthermore, for myself, my heirs, successors, personal representatives, executors, and subrogates, I hereby knowingly and intentionally waive and release, indemnify and hold harmless Lessee, Lessor, and Wagner Forest Management, Ltd. (including their officers, employees, and agents) from and against any and all claims, actions, demands, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my entry onto the Premises or Lessor’s other lands, including, but not limited to, negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, or death to me or my property as a result of my entry onto these lands or using the same. I, for myself, my heirs, successors, personal representatives, executors, and subrogates further agree not to sue Lessee, Lessor, or Wagner Forest Management, Ltd. as a result of any damage, injury or death suffered in connection with my such entry and use.