My company runs recreation areas, and from time-to-time customers try to file claims against our company for dangers that are inherent to being out in nature (example: "I was climbing a tree out in the forest and fell down and hurt myself. Your company needs to pay my medical bills.")
As a result of these experiences, I laughed when I saw this from the Nelson Rocks Preserve, who run a private nature park. Here is just part of their disclaimer:
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!
Hat tip: Overlawyered.
