Sample Landowner Solicitation
Dear Landowner,
I hope this letter finds you well. My name is Jesse Seavers, and I am the founder of Hero Dirt Works, a company dedicated to building world-class mountain bike trails. I am writing to you alongside Rex Madden, a high school mountain bike team coach and fellow enthusiast, and Sam Ovett, our marketing director, to share an exciting opportunity that we believe could be mutually beneficial for us all.
Introducing Hero Dirt Distributed Trails
Hero Dirt Works is developing a new concept: Hero Dirt Trails. Our goal is to create a network of premier mountain biking trails across multiple properties, offering thrilling and sustainable outdoor experiences. This model not only enhances the value and appeal of the land but also promotes recreational activities that can attract enthusiasts and professionals alike.
The Concept
We are seeking innovative landowners like yourself to participate in our early prototype model. By partnering with Hero Dirt Works, you can transform your land into a premier destination for mountain biking, bringing numerous benefits:
1. Increased Land Value: Well-designed trails can significantly enhance the attractiveness and value of your property.
2. Revenue Opportunities: Potential for shared revenue through trail access fees, events, and related activities.
3. Community Engagement/Recognition: Promote outdoor recreation and community health by providing a space for local enthusiasts.
4. Sustainable Development: Our trails are designed with sustainability in mind, minimizing environmental impact while maximizing enjoyment.
Your Role
As a participating landowner, your primary role would be to provide the land for trail development. Hero Dirt Works will handle all aspects of design, construction, and maintenance, ensuring the highest standards of quality and safety.
Next Steps
We would love the opportunity to discuss this further and explore how we can work together to bring this vision to life. Please let us know a convenient time for us to connect.
Thank you for considering this exciting opportunity. We look forward to the possibility of collaborating with you.
Warm regards,
Hero Dirt Works
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Here's a draft of a waiver for members to sign upon signing up for membership with Hero Dirt, LLC. This document is intended to be included as part of the registration and payment process for new members. As with any legal document, it's essential that a legal professional reviews it to ensure it complies with local regulations and adequately protects your business.
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MEMBERSHIP AGREEMENT AND LIABILITY WAIVER
This Membership Agreement and Liability Waiver ("Agreement") is entered into by and between the undersigned ("Member") and Hero Dirt, LLC, a [State] Limited Liability Company ("Company"), effective as of the date of the last signature below.
1. Acknowledgment and Acceptance of Risks
Member acknowledges that mountain biking is an inherently dangerous activity that can lead to serious injuries, including but not limited to bodily injury, disease, fractures, partial and/or total paralysis, death, or other ailments that could cause serious disability. Member voluntarily agrees to participate in such activities and hereby accepts and assumes any and all risks of injury or death.
2. Waiver and Release of Liability
Member hereby releases, waives, discharges, and covenants not to sue Company, its directors, officers, employees, volunteers, agents, and successors from any and all liability, claims, demands, actions, and causes of action whatsoever directly or indirectly arising out of or related to any loss, damage, injury, or death that may be sustained by Member while participating in such activities, or while on premises where the activities are conducted, even if arising from the negligence of Company, its directors, officers, employees, volunteers, agents, and successors, or otherwise.
3. Member’s Responsibility for Equipment and Safety Gear
Member agrees to be solely responsible for the selection and proper use of any equipment and safety gear used while participating in activities at Company trails. Company is not responsible for any failure of equipment or safety gear, including that which is rented or provided by Company.
4. Compliance with Rules and Regulations
Member agrees to comply with all rules, regulations, and instructions of Company while on Company premises or while participating in Company activities.
5. Medical Considerations
Member affirms that they are physically capable of participating in and engaging in the activities facilitated by Company. Member is encouraged to seek medical advice before participating if they are unsure about their physical ability to engage in such activities.
6. Indemnification
Member agrees to indemnify and hold harmless Company, its directors, officers, employees, volunteers, agents, and successors from any loss, liability, damage, or costs they may incur due to Member’s participation in said activities, whether caused by the negligence of Member or otherwise.
7. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
Member has read this Agreement and voluntarily signs it with full knowledge of its significance.
**IN WITNESS WHEREOF**, Member has hereunto set their hand and seal on this [Date].
[Member's Signature]
[Printed Name]
[Company Representative Signature]
[Printed Name, Title, Hero Dirt, LLC]
Creating a draft legal agreement for Hero Dirt, LLC, and landowners requires careful consideration of several key terms to ensure both parties' interests are protected. Here's a simplified draft agreement to give you an idea of how this could be structured. Keep in mind, this is just a basic framework and should be tailored to your specific needs and reviewed by a legal professional.
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**Land Use Agreement**
This Land Use Agreement ("Agreement") is made and entered into as of [Date], by and between [Landowner's Name], ("Landowner"), located at [Landowner's Address], and Hero Dirt, LLC, a [State] Limited Liability Company ("Operator"), located at [Operator's Address].
**Recitals**
WHEREAS, Landowner is the sole owner of the property described as [legal description of property], herein referred to as the "Property";
WHEREAS, Operator desires to use the Property for the purpose of creating and maintaining mountain bike trails as part of its members-only trail network;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:
1. **Grant of License**
- Landowner hereby grants to Operator a non-exclusive, revocable license to use the Property for the purpose of developing, maintaining, and operating mountain bike trails.
2. **Term**
- The term of this Agreement shall commence on [Start Date] and shall continue in effect until [End Date], unless earlier terminated as provided herein.
3. **Compensation**
- In consideration for the rights granted herein, Operator shall pay Landowner a yearly fee of $[Amount], payable upon the execution of this Agreement and on the anniversary thereof.
4. **Maintenance and Improvements**
- Operator shall be responsible for all aspects of trail maintenance and any improvements needed, subject to the prior approval of Landowner for any major alterations.
5. **Insurance**
- Operator agrees to maintain a general liability insurance policy with a minimum limit of $[Amount] per occurrence and $[Amount] aggregate, naming Landowner as an additional insured.
6. **Indemnification**
- Operator agrees to indemnify and hold Landowner harmless from any claims, damages, or expenses arising out of Operator’s use of the Property, except for claims arising through the gross negligence or willful misconduct of Landowner.
7. **Termination**
- Either party may terminate this Agreement with [number] days written notice to the other party. Upon termination, Operator shall remove any installations or improvements at its expense and restore the Property to its original condition.
8. **Miscellaneous**
- This Agreement constitutes the entire agreement between the parties. No modification of this Agreement shall be effective unless in writing and signed by both parties.
- This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
IN WITNESS WHEREOF, the parties hereto have executed this Land Use Agreement as of the day and year first above written.
[Landowner's Signature]
[Name, Title]
[Operator's Signature]
[Name, Title, Hero Dirt, LLC]