I/We, the owner(s) of the above-referenced property (collectively “Owner”), do hereby grant freely and without coercion, the right of access and entry to the said property to the Yosemite Sequoia Resource Conservation & Development Council (Y/S RC&D C), and its employees, volunteers, contractors, and sub-contractors subject to all licenses, easements, encumbrances, and claims of title affecting premises upon the following terms:
1. Grant Right-of-Entry: The owner hereby grants the Y/S RC&D C and its contractors a right-of-way (“Permission Form”) over the premises to inspect the Premises for dead and/or dying trees, felling of trees, and piling of slash or chipping debris subject to the terms and conditions outlined in this Permission Form. It is fully understood that this Permission Form does not create any obligation on the Y/S RC&D C or its contractors to perform inspection or tree felling. The owner understands Y/S RC&D C and its contractors will not undertake any felling of trees or any related action until this Permission Slip is signed and returned.
2. Acknowledgement Concerning Liability for Damages: The owner acknowledges and understands that participation in the Program is voluntary, and the Y/S RC&D C offers to assist with costs but does not necessarily pay all the expenses. Upon signing this Permission Form, the homeowner further acknowledges and understands that the Owner’s participation in this Program is contingent upon, and the Y/S RC&D C is relying upon, the Owner’s agreement through this Permission Form to release the Y/S RC&D C from any liability arising out of the work contemplated under this Permission Form. The owner further understands and agrees that should liability arise from the work contemplated under this Permission Form, the Owner’s sole and exclusive remedy shall be against the contractors performing said work. The Y/S RC&D C shall endeavor to hire contractors with sufficient insurance levels to cover any such potential liability.
3. Hold Harmless: California Department of Forestry and Fire Protection (“CAL FIRE”) and Y/S RC&D C and American Tree Medics (ATM) shall not be liable for, and Owner shall indemnify, defend and hold harmless the Y/S RC&D C, CAL FIRE, and ATM, and any of their officers, agents, employees, and volunteers, against any and all claims, deductibles self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens or other liens, labor disputes, attorneys’ fees, and court costs, which arise out of or are in any way connected to the work contemplated under this Permission Form, and hereby release, discharge, and waive any claims and action against same, in law or equity, arising therefrom. This indemnification and release expressly exclude the contractors, and any subcontractors thereof, performing the work contemplated under this Permission Form.
4. Y/S RC&D C, CAL FIRE, and ATM’s Agents: Except as otherwise provided herein, any person, firm, or corporation authorized to work upon the Premises by the Y/S RC&D C, CAL FIRE, and ATM shall be deemed to be the Y/S RC&D C, CAL FIRE and ATM’s agent, including but not limited to, CAL FIRE and shall be subject to all applicable terms hereof.
5. Authority: The owner represents and warrants it has full power and authority to execute and fully perform its obligations under this Permission Form pursuant to its governing instruments, as applicable, without requiring any further action, and the person(s) executing this Permission. The form on behalf of the Owner is the duly designated agents of the Owner and are authorized to do so, and that fee title to the Premises vests solely in Owner.
6. Entire Agreement: This Permission Form constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings, and representations, oral or written, are superseded.
7. Modification: The provisions of this Permission Form may not be modified except by a written instrument signed by both parties.
8. Successors and Assigns: This Permission Form shall bind and benefit the parties and their successors and assigns, except as may otherwise be provided herein.
9. Notices: Any notice required hereunder shall be provided as follows:
Yosemite Sequoia Resource Conservation & Development Council
40108 Hwy 49, Ste. C #298, Oakhurst, CA 93644
(559) 580-3042