Berry Creek Tree Program Liability

BSA TROOP 155 CHRISTMASS TREE PROGRAM
CONSENT AND WAIVER OF LIABILITY FORM

Statement of the Property Owner:

  1. I, the undersigned (“Property Owner”), hereby agree to voluntarily participate in the BSA TROOP 155 CHRISTMASS TREE PROGRAM (the “Program”). I hereby attest that I am the record owner of the property described below (the “Property”).
  2. I understand that as part of my participation in the Program, a hole will be dug on my Property approximately 12 inches wide 24 inches deep, and at the location I have identified by placing an irrigation marker flag or other readily identifiable means.
  3. By signing below, I grant access and consent for a tree hole to be dug on the Property by the BSA Troop 155 (the “Scouts”) and its representatives, agents, subcontractors and consultants of all tiers.
  4. If the hole location has not been identified by the Property Owner, the default location will be the intersection point of a line 6' up and 6' over from the inside (towards house) intersection of the driveway and curb.
  5. The Scouts are only responsible for the digging of the tree hole and placement of the sleeveThe Property Owner will be responsible for any and all other aspects of their property, including but not be limited to the alteration of landscape, alteration to existing irrigation systems, utilities, electrical components, septic components, water lines or other sub surface items that may or may not be within the property or underground.
  6. I accept that the date and time of the tree hole digging may change, my Property may be deselected or otherwise withdrawn from the Program, or the Program may be cancelled with or without notice, at the Scout’s sole discretion.
  7. I understand that the property owner is responsible for all considerations of utility and irrigation components, some resources available are https://txhop.texas811.org/ and calling 811.
  8. In exchange for receiving a tree for my Property, I hereby agree to accept any and all risks involved and to waive any and all claims or causes of action of any nature arising from my participation in the Program, including without limitation, damage to myself or the Property, that arise from or are related to the Program, including without limitation the impacts of the Program tree on the Property during and after planted.
  9. Furthermore, I agree to release, discharge, indemnify and hold harmless the BSA TROOP 155, its Boards, Commissions, and their officials, members, extended family members and volunteers, employees and agents (collectively, the “Scouts”), from any and all liability, loss, damages, costs, expenses and claims of whatever nature, which the Scouts may hereinafter incur, suffer, or sustain by reason of any matter or thing in connection with my participation in the Program