LDMA - AU
MEMEBERSHIP AGREETMENT BETWEEN PRIMARY MEMBER AND THE LOST DUTCHMAN'S MINING ASSOCIATION
The Lost Dutchman's Mining Association, DBA LDMA-AU INC (LDMA) with offices located at 43445 Business Park Drive, Suite 113, Temecula, California 92590 hereby enters into this agreement (Agreement) with the primary membership candidate (Primary Member or Member) for the purchase of lifetime membership into the LDMA.
Whereas, LDMA operates mining and recreational campgrounds, properties and claims, and maintains agreements such as leases or management agreements for the rights to use mining and recreational campgrounds, properties and claims (LDMA PROPERTIES);
Whereas, for the membership fee and maintenance fees, LDMA provides lifetime memberships to individuals for the use of its LDMA PROPERTIES for camping, mining and recreational purposes for Member and Member's immediate family;
Whereas, PRIMARY MEMBER wishes to become an individual lifetime Member under the terms and conditions contained herein;
Now, therefore, in consideration of the foregoing premises and the mutual and several covenants contained herein, the parties agree to make payments and provide services as follows;
I. PRIVILEGES AND LIMITATIONS OF LDMA MEMBERSHIP
- A. Gold Prospectors Association of America Benefits - PRIMARY MEMBER will also observe benefits of lifetime membership in the GOLD PROSPECTORS ASSOCIATION OF AMERICA (GPAA BENEFITS). These benefits cannot be transferred, sold, assigned, from LDMA membership and will terminate upon cancellation or termination of your LDMA Lifetime Membership. Any GPAA Benefits or services are subject to change pursuant to the offerings of GPAA BENEFITS as may be amended or revised in the future such as, without limitation, a conversion of a printed newsletter magazine to an online offering.
- B. Limitations of Membership - An LDMA membership does not convey an ownership interest in any land or recreational facilities, nor does it grant or confer any management rights or voting rights over such facilities. An LDMA membership does not entail an ownership of stock, or an ownership interest in any company or corporation or the underlying assets thereof. Likewise, a membership does not make a Member responsible for any indebtedness, taxes, or other liabilities incurred by management. Nor does LDMA warrant or express the amount of gold that may be found on properties/camps or the type of prospecting activities which might be allowed. Member is not guaranteed to find gold at the LDMA Properties. This membership interest shall expire at the death of the Primary Member or the earlier cancellation by the Primary Member at his election or for non-payment.
- C. Coverage of Membership - Rights of Membership extend to spouse or Co-habitant partners and any dependent children under 18 years of age living in the same home. Primary Member must be present at all times in order for others to exercise Rights of Membership.
- D. LDMA Membership Benefits Maintenance - LDMA membership is a Lifetime membership. A current US Government or state Driver's License for identification must be maintained with LDMA, and all necessary payments must be current in order to exercise Rights of Membership. If a Member is 60 days delinquent the membership may be cancelled by LDMA.
- E. Cancellation Policy - A certified letter stating the reason of cancellation must be sent to LDMA office. All LDMA material must be returned to LDMA office to finalize the cancellation. GPAA BENEFITS are also cancelled upon termination of membership. If you wish to have a membership in GPAA, you are responsible to contact the GPAA office to join. Once LDMA is notified of intent to cancel, there is no obligation nor are you bound to continue your membership payments. There is no refund of monies paid, unless membership is cancelled during the 10-Day Guarantee period (see below). Payments cannot be transferred to a GPAA membership. All fees have been allocated once payments were made. An Unconditional 10-day Money back guarantee is hereby made a part of this agreement. This guarantee will remain in effect during the first 10 days from the date of contract. The 10-day money back guarantee does not apply upon reactivation of delinquent, inactive, suspended or cancelled membership, nor does it apply to any credits applied against the balance of the purchase price. All terms of the Cancellation policy must be completed, and all materials returned before a refund is issued.
- F. Operator's Ownership/Right to Use - LDMA is the operator of the Listed LDMA Properties on Schedule 2. Such list may be amended to include a change in properties. No guarantee exists that a particular LDMA Property will continue to be available.
- G. Length of Stay and Listed Properties. Incorporation by Reference - Brochure(s) containing descriptions and locations of all camps available for use by Member is attached as part of Schedule 2, incorporated by reference, and made a part of this Agreement. Member agrees to acknowledge that properties may change from time to time including the length of stay at each LDMA Property is subject to change. Please refer to Camp Rules & Regulations. This applies to all LDMA Properties, for availability, length of stay, fire permits, utility hook-ups, dumping restrictions, use of bath house, sign in requirements and/or reservations. . Some State/County Public Land Ordinances may override or require changes to the currently offered privileges at each of the LDMA Properties. It is the LDMA Members responsibility to verify any changes/restrictions prior to each use.
- a. Charges for Services - LDMA may charge for benefits extending beyond the usage of basic facilities; these charges may include electric and/or water hookups (when such use is desired), goods purchased, or use of equipment, etc. LDMA reserves the right to initiate a charge for use of any clubhouse, bathhouse or dump station at a later date. Some camps levy a per day charge (in addition to electrical/water hookups, if used) for any Member staying longer than 21 consecutive days; this can also apply to primitive camping. Refer to camp Rules & Regulations for a particular LDMA Property. All Rules & Regulations are subject to change.
- b. Reservations - Member may visit LDMA Properties, as available pursuant to the most updated list of LDMA Properties. LDMA reserves the right to initiate a reservation program, and Member may be required to reserve space in order to visit the LDMA Properties.
I have read and understand the above section
II. LOST DUTCHMAN MINING ASSOCIATION MEMBERSHIP AND MANAGEMENT
Operational Goals & Notices. LDMA intends to continue to acquire and develop additional properties/camps for recreational use. The Association, however, makes no promise to do so. LDMA intends to add recreational facilities and/or improvements where possible to current properties/camps. However, additions and improvements are unspecified. Some properties may not be developed or may be transferred to another owner/operator, sold or donated. Any disposition of property does not entitle a Member to a refund of any membership or maintenance fees paid.
Assignment of Membership - LDMA membership benefits cannot be transferred, and obligations of PRIMARY MEMBER cannot be transferred or assigned. Any attempt to transfer or assign this membership shall be void.
Payment Schedule - Members are responsible for ensuring that their monthly membership payments are paid and account is kept current with the LDMA office each month, regardless if a statement is received or not. Payment for each month is due and payable on the first of each month and monthly payments must be made in advance. Any Member may be suspended/cancelled (LDMA/GPAA membership benefits will also be suspended/cancelled) or terminated from LDMA if the Member is more than 60 days past due. All correspondence must include your LDMA membership number. Please notify the LDMA office of any address/phone change. LDMA/GPAA is not responsible for mail forwarding.
Maintenance Dues - Maintenance Dues are essential to provide present (and future) membership and camp services. Maintenance Dues are fixed and begin as indicated on front of contract. Member is responsible for ensuring that all Maintenance Dues are paid, regardless if a statement is received or not. Maintenance Dues statements are sent out in a monthly or yearly mailing, but LDMA reserves the right to change the procedure with prior notice. Non-payment of Maintenance Dues can result in suspension or termination of LDMA/GPAA benefits and membership and/or expulsion from LDMA.
LDMA Membership Regulations - Each LDMA member has read and agrees to be bound by the Privileges/Limitations/Management/Policies, the rules and regulations of LDMA. LDMA reserves the right to make reasonable additions and amendments to its Rules, management, and Regulations/ Policies from time to time as warranted by circumstances and changing conditions. Member may be regularly required to verify that "I have received, read and understand the Camp rules and agree to abide by them."All rules of camp sites must be subject to change to comply with requirements, local laws and ordinances. To preserve efficiency and keep costs low for all members, certain fees can be passed on to members for mailing, expenses, production of documents, payment history or related needs may be incurred on individual member's behalf based on requests.
Membership application Contract - Member has read, acknowledged and had opportunity to ask all questions prior to the completion and signature on this Agreement. This is the full Agreement. No verbal policies and/or promises will be acceptedwith this contract. No promotional items (i.e. copper pan, collector pins, specialized merchandise, etc.) are included or made part of this Agreement.
CHOICE OF LAW AND JURISDICTION. Both Member and LDMA have agreed to work to resolve any disputes related to this agreement to a mutual benefit prior to filing any claim for damages or remedy. In the event a resolution cannot be reached between LDMA and Member, the parties agree to resolve any dispute in San Diego, California under the laws of the State of California. Member and LDMA assert that the California Superior Court in San Diego County shall have both personal and subject matter jurisdiction for any claim. Member and LDMA waive any disputes or claims for personal and subject matter jurisdiction in any other forum other than California Superior Court in San Diego County. MEMBER AND LDMA BOTH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE TO HAVE ANY DISPUTE DETERMINED BY THE APPOINTED JUDGE FOR DISPUTES OF FACT AND/OR LAW. The parties also agree that the Judge may award attorney's fees and costs to the prevailing party.
I have read and understand the above section
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
There are no warranties that extend beyond the description on the face hereof including, without limitation, implied warranties of merchantability or fitness for a particular purpose or continued access to a particular Listed Property. LDMA Member purchases the right to use LDMA's recreational mining camp facilities and services of LDMA as is, and as available or limited in the future, and agree that LDMA's liability for damage for breech of any warranty shall not exceed the amount paid to LDMA by a member pursuant to this contract. Each member further agrees to indemnify and hold harmless Lost Dutchman's Mining Association-AU, Inc. and/or authorized representatives from all claims, liability, loss and expense incurred by reason of injury to any person or property, arising from use by that member, member's family or member's guests on LDMA properties or in LDMA facilities. Each member and their family and/or guest(s) also agrees to carry personal accident insurance.
I have read and understand the above section. I also have read, understand and agree to the LDMA membership contract, as set forth herein
LDMA CAMP RULES & REGULATIONS
The rules and regulations (subject to change) are provided for your safety and to make your stay more pleasant.
LDMA Caretakers are authorized to enforce camp rules.
If a Caretaker(s) finds an LDMA member(s) and/or guest(s) in violation of any of the rules and regulations, or any specific rules for a LDMA property/camp, the Caretaker(s) in their sole discretion has the full authority to ask the person(s) involved to leave the premises and may result in the re-evaluation of their LDMA membership.
All members and guest(s) of the Lost Dutchman's Mining Assoc. must have some type of Medical/Accident Insurance while on LDMA properties/claims. An insurance card and/or some type of identification must be carried with you.
The Lost Dutchman's Mining Assoc. and its agents are not responsible for any lost, theft, damage, personal injury, etc. of any mining or camping equipment, personal items, vehicles, etc. If an incident does occur, please notify the Caretaker immediately!
#1 - LDMA Membership Card:
Members must have their LDMA identification card with them at all times. Wearing your LDMA name badge would be helpful, but does not verify you are a current LDMA member.
#2 - Checking In At Camp:
Members are to sign-in and check with the Caretaker(s) before setting up camp. If arriving late evening, park and check-in in the morning. Be prepared to move to a designated camping area.
#3 - Delinquent Memberships:
LDMA Members must be current with their membership payments and/or Maintenance Dues to utilize any of the LDMA properties/claims and GPAA claims. Caretakers at each camp will have monthly updates of members who are delinquent on their membership account (60 days or more past due is considered delinquent). The member at that time has the opportunity to make restitution on their account. If not, the Caretaker has the authority to ask the member to leave.
#4 - Children (18 yrs. or under):
Parents/Guardians/Guests are responsible for their children's actions and behavior. No child is to be left unattended or alone in camp and/or around the property/claims area without supervision of a Parent/Guardian or responsible adult. LDMA Camps may have specific rules regarding children.
#5 - Individual Camp Rules:
Some camps will vary in Camp Rules and Regulations, which may include certain State/County Ordinances. Rules are to be posted.
#6 - Camping Areas:
Some camps may have designated areas for specific types of camping (i.e. full/part hook-ups, primitive), because of property proportion/size, ordinances, and/or the length of planned camping stay. First come, first served - No Reservations or saving of space. No RV's, Trailers, or Tent space, etc. shall be left unattended for longer than 48 hours without the Caretakers acknowledgment and/or permission. This action can be considered as abandonment and the vehicle, RV's, Trailer, etc. will be towed at owner expense. For absences of more than 48 hours members are required to move all of their belongings storage area (upon camp availability or regulations governed by Federal/State/County). A nominal fee may apply.
#7 - Charges:
Some camps levy a charge per day for members staying longer than 21 consecutive days (in addition to electrical/water hookups, if used); this can apply to primitive camping. Rules & charges are to be posted.
#8 - Length of Stay:
*Option A - Members may stay up to 4 months on an LDMA property/camp at which time they are required to leave the camp for a minimum of 1 month before returning to the previously occupied property/camp. Any absences of less than one month will not be credited as time away. Members may move to another Association property. Members are limited to two - 4 month stays in a 12-month period. (1 month = 4 weeks). *Option B - Members may stay up to 6 months on any LDMA property/camp. Members may move to another Association property. *Stay limits can vary on some properties due to State/County Regulations.
#9 - LDMA Properties/Camps:
LDMA properties/camps-claims are not Trailer Parks, they are for temporary camping and recreational use. Using any LDMA camp/claim as a primary living residence is prohibited. Any indication of such use may qualify for re-evaluation of membership. Mobile Homes are not permitted. No permanent structures (sheds, etc.) will be allowed.
#10 - RV's, Trailer, Tents and Licensed Vehicles:
Members shall be limited to 1 RV, Trailer, or Tent space and 2 licensed vehicles (car, pickup, etc.). All vehicles, RV's Trailers, etc. must have current tags.
#11 - Permits & Regulations:
All members are responsible for required permits (dredging, etc.) that may be required by state or federal agencies. Members must abide by all state or federal regulations governing these activities.
#12 - Prospecting Guidelines:
All members shall abide by the following guidelines; no dredging into or hydraulicing of stream banks. ALL HOLES MUST BE FILLED when mining activities are finished or end of current day. Pick up any trash. No undermining or cutting of trees, roadways, or campsites. Established vegetation (cactus, etc.) must not be disturbed. Check the LDMA Handbook & Mining Guide for specific dredging guidelines. Some camps may have specific prospecting guidelines/rules. Federal/State/County regulations may govern some activities.
#13 - Prospecting Areas:
A member's equipment in or on a specific location shall justify a "CLAIM" to that specific area (25 ft. radius). Equipment left unattended for more than 48 hours shall constitute abandonment of that "Claim". All gold found you keep! All Antiques - Artifacts located around camp/buildings or on display belong to LDMA or are treated in accordance with applicable laws.
#14 - Debris (Trash) & Un-Used ArticlesMembers are responsible for the disposal of all of their debris (garbage, pet's feces, broken tools, etc.). All members are responsible for their campsite, please keep it clean. No miscellaneous items, parts, etc. stored around the campsite and/or left on the property /claims. Items considered abandoned will be removed at the owner's expense.
#15 - Camp BehaviorNo public intoxication including alcohol or drugs. No lewd behavior including profanities, obscenities, etc. is allowed. No harassing, threats or fighting will be tolerated. Any member(s)/guest(s) involved in a dispute, crime or criminal actions while on LDMA properties/claims may be asked to leave the property/claims for a specific period of time until the situation is resolved. A re-evaluation of their membership may be required.
#16 - Property DamageMember(s)/guest(s) are financially responsible for any damage caused on any of the LDMA properties/claims and property of another member(s).
#17 - Guns/WeaponsNo handling and/or wearing of guns/weapons while in the immediate camping area. All guns/weapons must be kept in tent, trailer, RV's, etc. while in camp.
#18 - Sale of Products or ServicesSales of products and/or services must be approved through the LDMA office and/or Caretakers.
#19 - PetsAll pets are the responsibility of the member and must be kept under control. Pets must be confined or on a leash (10 ft max.) at all times, the leash must be secured at the other end (by hand or tied/hooked-up, etc.). Barking/excessive noise must be controlled. Members are responsible for the disposal of the pet's feces; camp fines may be enforced. Pets other than dogs/cats contact the Caretaker and/or LDMA office for specific guidelines.
#20 - Excessive Noise(Radios, Generators, ATV's, Parties, etc.): Common sense and courtesy rules apply. Please be aware of your surroundings and your neighbors. Some camps may have special parking/camp-sites for members with generators. Generator usage times can change depending on time of year. Check for posted times.
#21 - Sewer DumpingSewer dumping is allowed ONLY in authorized dump stations. This includes gray water as well as black water. Dumping in unauthorized locations may result in civic or criminal penalties and fines applied to the Association and/or member/guest.
#22 - FiresCampfires are allowed at individual campsites on a case by case basis (fire danger and/or season, etc.) and at the discretion of the Caretaker and/or the Fire and/or Forestry Agencies.
#23 - SmokingNo smoking is allowed in any camp building. Common sense and courtesy rules apply.
#24 - GuestsMember may take up to four (4) adult guests or two (2) adults with children. While on LDMA Properties/Claims all guests are required to sign a "Liability Waiver" provided by the Caretaker. *Limited Guests Stay - three (3) days. Guests are limited to panning only or working with host member on their equipment. Guests' privileges should not be abused; the caretaker has the authority to limit Guest privileges. Guest must have medical/accident insurance while on property. Guest must check-in with the Caretaker. A $5.00 a day charge can be required at any camps while guests are using additional camping space(s) (Car, Truck, RV, Trailer, Tents, etc.) and/or facilities. *For special circumstance regarding Guest and/or Length of Stay: Special permission must be obtained and approved through the Caretaker and/or LDMA Office.
#25 - Public RelationsIt is in the best interest of all members to treat each other and all guests/visitors in a cordial and friendly manner.
I have read and understand the above section. I also have read, understand and agree to the GPAAmembership contract, as set forth herein
(Applicant's signature: tt