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BARD Materials — Dyersville Pond

Recreational Use Rules, Assumption of Risk, and Release of Liability
Dyersville Ready Mix, Inc. d/b/a BARD Materials ("BARD")
Everyone age 18+ must complete this form before entering. A parent or guardian must complete it for each minor. The gate code is issued after signing, is for your use only, and may not be shared. Each adult must complete their own form — please do not sign on behalf of other adults. The pond is open for use from sunrise to sunset. Overnight stays must be approved in advance by Chad Thier or Tony Thier.

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The Agreement — please read in full

1. Rules

  1. Guests must be with their host employee at all times — arrive together, leave together.
  2. Unattended minors are prohibited. Each minor must be under the direct supervision of a named adult.
  3. Drug use and/or excessive consumption of alcohol are prohibited while on the property.
  4. Property is shared use — first come, first serve.
  5. Close and secure the gate behind you. Do not share the gate code.
  6. Headlights must be on to ensure visibility to others while operating a vehicle in and around the BARD Materials property.
  7. All traffic signs and laws must be observed and followed. Speed limit 15 mph. Seat belts must be worn.
  8. Stay clear of equipment. Do not climb on equipment, stockpiles, or loose stone.
  9. Park in open areas away from water, banks, stockpiles, and haul roads. Check behind your vehicle before backing.
  10. Open flame only in designated fire pits — attended at all times, fully extinguished before you leave.
  11. Swimming is allowed only with a USCG-approved life jacket. A life jacket must also be worn while on a dock or in any form of watercraft (kayak, canoe, paddleboard, boat, etc.).
  12. Boating on the pond is limited to BARD Materials personnel with approval from Chad Thier or Tony Thier. Motorized watercraft must operate at no-wake speeds.
  13. All applicable federal, state, and local laws and regulations apply. This includes possessing a valid fishing license.
  14. No acts of violence or horseplay will be tolerated.
  15. Use of motorized recreational equipment (four-wheeler, snowmobiles, motorcycles) is strictly prohibited.
  16. Carry in, carry out. Leave it as you found it or your access ends.
  17. Leave immediately in lightning or severe weather. There is no shelter on site.
  18. Report every injury, accident, or damage — however minor — to Aaron Glendenning, 563-875-5084. In an emergency call 911; our site address is 3231 Vine Road, Dyersville, IA 52040.

2. What I Am Agreeing To

No fee. I have paid nothing to BARD or any employee for this permission. It is offered free for recreational use under Iowa Code Chapter 461C, and BARD reserves every protection that Chapter provides. This is a revocable privilege, not a right, and may be withdrawn at any time without cause or notice.

BARD is not watching out for me. BARD does not inspect, patrol, supervise, or maintain this property, and provides no lifeguard, rescue equipment, first aid, or emergency personnel. Hazards are not marked, fenced, or lighted, and conditions change without notice.

SECURITY MONITORING. BARD reserves the right to monitor the site with security cameras. Any such monitoring is for security purposes only and does not create any duty to supervise, warn, or rescue.

ASSUMPTION OF RISK. I understand this was a former mining site and is inherently dangerous. Risks include, without limitation: drowning, cold water shock, and hypothermia; deep, cold, murky water of unknown and changing depth; sudden drop-offs and submerged rock; unstable, steep, and undercut banks; falls; and the acts of other users and my own acts. I knowingly and voluntarily accept all these risks, known and unknown, and I accept full responsibility for any injury, illness, death, or property loss I suffer. I am responsible for deciding whether I and everyone in my group are fit to be here.

RELEASE AND COVENANT NOT TO SUE. In exchange for permission to enter, I — for myself, my spouse, heirs, next of kin, and anyone claiming through me — fully and forever release, waive, and discharge BARD and its affiliates, officers, directors, employees, agents, contractors, and insurers ("Released Parties") from any and all claims, demands, and causes of action of any kind, including for personal injury, disability, emotional distress, loss of consortium, wrongful death, and property damage, arising out of or relating in any way to my presence on or use of this property, whether caused in whole or in part by the ordinary negligence of any Released Party or otherwise. I agree not to sue any Released Party on any such claim. This release is as broad as Iowa law allows and does not cover gross negligence or willful misconduct. I have read it, I understand it gives up substantial legal rights, and I sign it freely.

INDEMNITY. I will defend, indemnify, and hold the Released Parties harmless from any claim, judgment, or expense — including attorneys' fees — brought by me, by anyone in my group, by any minor I am responsible for, or by any third party, arising from our presence here or any violation of these rules. If I am the host employee, this covers everyone in my party.

NOT EMPLOYMENT. This use is voluntary, personal, and recreational. It is not required, is not compensation or a benefit of employment, and confers no benefit on BARD. No one is acting within the course or scope of employment while here, and no injury during recreational use is a work injury or eligible for workers' compensation.

GOVERNING LAW AND VENUE. This agreement is governed by Iowa law. Any dispute must be brought exclusively in the state or federal courts located in Delaware County, Iowa.

TERM. This expires December 31 of the year signed and must be renewed each year.

Submission of this form and use of any resources at the Dyersville Pond signifies acceptance of the terms and site requirements detailed here. I acknowledge that BARD waives any and all liability in the event of injury or loss on my part or by any members of my party.
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