Mining License Agreement Between
REPUBLIC MINING and MEMBERS
This agreement is made between Republic Mining (hereinafter referred to as “Republic Mining”) and the person who is signing this agreement, enrolling as an Associate Member (hereinafter referred to as “member or “members,”) for the purpose of gaining access to unpatented mining claims leased or owned by Republic Mining (hereinafter referred to as Republic Mining properties” or “properties,”) and participating in events that are organized, managed, or sponsored by Republic Mining (hereinafter referred to “Republic Mining Events” or “events.”) Unless specifically qualified, the use of the term “member” in this agreement refers to any and all of Members. The purpose of this agreement is to also to license the Mining Rights on Republic Mining properties to the members on a revocable basis.
I – MEMBERSHIP TERMS
MEMBERSHIP DEFINED :
A MEMBER is defined as a person 18 (eighteen) years of age or older, together with his/her spouse, and any of his/her children under 18 years old.
MEMBERSHIP COST :
The cost of FULL MEMBERSHIP is outlined on the enrollment contract between the Member and Republic Mining.
UNLIMITED ACCESS TO MEMBERS :
A MEMBER, together with his/her spouse and children under the age of 18 years, is allowed unlimited access to the Republic Mining Properties and to all Republic Mining Events. A Member may also bring a guest to the Properties for a total of two calendar days per year per guest.
REPUBLIC MINING ACKNOWLEDGEMENT :
Each member is acknowledged by Republic Mining as a legitimate independent Gold Miner under the General Mining Law of 1872 and the applicable provisions of the Oregon Public Resources Code, with permission to conduct mining operations, including but not limited to developing valuable gold deposits on Republic Mining Properties. Republic Mining further acknowledges that it licenses the revocable Mining Rights on Republic Mining Properties to Members.
MEMBER ACKNOWLEDGEMENT :
The Member acknowledges that his/her reason for becoming a Member is to belong to an active association of small-scale Gold Miners, and to gain access to more valuable mining opportunities, sponsored the Republic Mining, and licensed to mine on Republic Mining Properties. Member further acknowledges that this license of Mining Rights on Republic Mining Properties is revocable, on the basis specified in Chapter IV, Paragraph 1, Sub-paragraph D.
Member acknowledges that he/she will keep withing the confines of what is deemed Casual Use – this means mining without the aid of heavy equipment like earth-moving machinery, explosives or dredges over 6” in nozzle size.
II – IN EXCHANGE FOR THE COVENANTS TO BE KEPT BY MEMBER SET
FORTH IN CHAPTER IV BELOW, AND PAYMENT OF THE MEMBERSHIP
COST SET FORTH IN CHAPTER I, REPUBLIC MINING SHALL PROVIDE
THE FOLLOWING PRIVELEGES TO MEMBER
1. REPUBLIC MINING PROPERTY :
Republic Mining shall allow Member access to Republic Mining Properties. All are mining claims located under the regulations of the General Mining Law of 1872. (See details of all properties in your Claim Guide).
2. REPUBLIC MINING PROPERTY MAPS :
Republic Mining shall provide maps showing the locations of the Republic Mining Properties that are available to Members. Maps of newly-acquired properties are produced periodically as new claims are procured.
3. REPUBLIC MINING JOINT MINING PROGRAMS FOR MEMBERS :
a) During the Mining Season, Republic Mining may schedule occasional Republic Mining Events in the form of Weekend Mining Programs which provide the member with an opportunity to participate with other members in sampling, sluicing, panning, gold clean-up and recovery, and other prospecting techniques.
b) The General Manager of Republic Mining may occasionally form joint ventures with individual miners to conduct mining operations, including but not limited to, locating and developing valuable gold deposits on Republic Mining Properties.
4. MEMBER CAMPING FACILITIES :
a) Where Republic Mining Properties are located, generally on either Bureau of Land Management or U.S. Forest Service-managed land, Federal Regulations allow the public to camp for up to 14 days without the need for permits, unless the area is posted as a designated No Camping area.
b) The General Mining Law of 1872 provides additional rights to miners for occupation of Mining Claims consistent with USFS / BLM regulations. Members are responsible for complying with all regulations of any Federal Land Agency. Should your stay extend past the two-weeks allowed by ordinary regulations, the Member is responsible for seeking the appropriate permit or permission from the appropriate agency.
5. REGULATION OF MINING :
a) We require that all members ONLY participate in Casual Use mining on ALL Republic Mining Properties. The only exception to this Member requirement is with Member participation in a joint venture with Republic Mining. In this case, Republic Mining with seek the required permits and submit any required paperwork to the appropriate Agency.
b) It is understood and agreed by Members that mining opportunities provided by Republic Mining are only undertaken in compliance with applicable code, laws, rules and regulations, and that Republic Mining cannot be held liable for any subsequent new legislation passes by State or Federal legislatures, or for any change in interpretation by a court of law of any laws or regulation, which could result in a reduction or loss of mining opportunities on Republic Mining Properties.
6. RECOVERABLE GOLD :
a) Republic Mining fully expects that Members will be able to recover some gold from the Republic Mining Properties if he/she makes a reasonable effort to do so.
b) Republic Mining cannot guarantee how much gold a Member will recover from Republic Mining Properties.
c) The rivers where Republic Mining Properties are located is a long-proven gold-bearing area. Generally, the Member can expect to recover gold in proportion to the extent that he/she exerts effort.
III. MEMBER SHALL HAVE THE FOLLOWING RIGHTS AND PRIVILEGES :
1. MEMBER’S MINING RIGHTS UNDER LICENSE :
By executing this agreement with Republic Mining, Member obtains a revocable license to the Mining Rights on Republic Mining properties which permits the Member to conduct mining operations, including but not limited to developing valuable gold deposits on Republic Mining Properties.
2. MEMBER’S RIGHT TO KEEP GOLD PRODUCED :
Providing Member is withing the other provisions of the agreement, Member may keep all gold production from his/her operations on Republic Mining Properties.
3. MEMBER EXCLUSIVE RIGHT TO GOLD DEPOSITS :
When a Member chooses to develop a deposit on Republic Mining Properties, he/she has the right to a portion of such deposit to the exclusion of other Members. Member is entitled to exclusively develop 60 (sixty) linear feet of the creek or river at one time or a 60-foot diameter circle area if mining on the surface. Member must be actively mining or be actively moving equipment to the location in order to work it exclusively. Equipment sitting idle for a week or more constitutes abandonment of any right to claim that area until the Member resumes mining activity.
4. OTHER MEMBER RIGHTS AND PRIVILEGES :
Member shall also have the right to avail himself/herself of the privileges Republic Mining provides, as set forth in Chapter II, Paragraphs 1 through 6.
IV. MEMBER RULES AND RESPONSIBILITIES
1. REPUBLIC MINING OPERATION RULES
a) Republic Mining has a set of Operational Rules for Members and Guests (hereinafter referred to as Operation Rules,) for all Members, as well as the respective members, spouses, children, and guests.
b) Member agrees that the most current set of Operational Rules and Operating Guidelines for specific Republic Mining Properties are a continuing part of the agreement and these are incorporated by reference, Member agrees that continuation of the license granted under this agreement, and continued active membership in the Miners’ Association sponsored by Republic Mining. Republic Mining requires Member to adhere to the Operational Rules and Operating Guidelines that apply to any Republic Mining Properties on which a member is conducting mining operations.
c) Member acknowledges that he/she has received a copy of Operational Rules and the Operating Guidelines applicable to specific Republic Mining Properties. Members shall carefully read the the Operational Rules and the Operating Guidelines applicable to any Republic Mining Properties on which the Member plans to operate and conduct themselves in accordance with these Operational Rules and Operating Guidelines at all time while being present on or around Republic Mining Properties, or participating in Republic Mining Events.
If it should come to pass that Republic Mining Management determines (in the sole judgment of Republic Mining Management) that Member has violated the Operational Rules and/or applicable Operating Guidelines, Member agrees that Republic Mining management has the right to temporarily suspend or permanently revoke the Member’s Rights, including the Member’s license of Mining Rights, depending (on the sole judgment of Republic Mining Management.) In the event that Republic Mining temporarily suspends or permanently revokes a Member’s rights due to Operational Rule or Operating Guidelines violations, Member agrees to abide by Republic Mining Management’s decision until such a time as the matter can be reviewed in a court of competent jurisdiction.
e) Member understands that the Operational Rules are general operational guidelines for Republic Mining Properties and other activities which have been included with NOIs or POps accepted or approved by the U.S. Forest Service or the Bureau of Land Management over a period of time. Some Republic Mining Properties may not be included within accepted NOIs or approved POps. Member acknowledges that he/she has received a copy of the Republic Mining current Mining Claim Guide, and agrees t0 read and abide by the specific Operating Guidelines concerning each Republic Mining Property before proceeding with a prospecting or mining program.
2. MEMBER IS AN INDEPENDENT MINER :
Member acknowledges and agrees that Member joins Republic Mining as an Independent Miner to obtain a revocable license of Mining Rights on Republic Mining Properties, and is free and responsible to conduct his/her own mining operations on any of the Republic Mining Properties in any way he/she decides to, providing such actions are within the Operational Rules and General Operations set forth in the respective guides, and that Member’s operations adhere to State, Local and Federal codes, regulations and laws. Member agrees that meeting such obligations is completely the responsibility of the Member.
3. COMMERCIAL OPERATOR :
A Commercial Operator is any Republic Mining Member who operates mechanized earth-moving equipment such as bulldozers and backhoes or suction dredges with a nozzle/hose size of 6-inches or greater, on Republic Mining Properties. A Commercial Mining License Agreement must be signed by Member and Republic Mining before Member may become a Commercial Operator.
4. MEMBER HOLDS REPUBLIC MINING HARMLESS FROM LIABILITY :
a) Member expressly agrees that his/her active participation in mining or prospecting or other outdoor activities can be potentially dangerous to Member, Member’s spouse, children and guests, and Member agrees to use good judgment and not place themselves or any other person in danger. As a result or Member’s past experience in outdoor activities, Member certifies that he/she is personally qualified to make good judgment in these matters.
b) Member acknowledges that he/she is aware of and familiar with the ordinary and physical hazards and risks involved with outdoor activities on Republic Mining Properties, and/or Member’s active participation in Republic Mining Events. In careful consideration of the personal benefits Member wishes to enjoy from the opportunities afforded to Member through Membership privileges offered by
Republic Mining, Member shall assume all risks and/or health hazards associated with Member’s activity on Republic Mining Properties, or Member’s participation in Republic Mining Events. In consideration of the opportunity to participate in Republic Mining Events, or engage in activities on Republic Mining Properties for Member and Member’s spouse, children and guests, and each of their heirs, assigns, executors and administrators, Member agrees that Republic Mining, its officers, shareholders, directors, managers, instructors, Event leaders, assistants, agents, attorneys, and/or employees and/or claim owners (individually and/or severally hereinafter referred to as Republic Mining Agents,) shall not be liable, individually, jointly or severally, for any injuries or losses to the person or property of Member. Member also agrees to indemnify and hold harmless Republic Mining Agents from and against any and all such actions, claims, demands, liability, loss, damage, and/or expense or any kind, including attorney’s fees arising from any such claims.
c) Member personally assumes full responsibility for any injury, loss, liability, including but not limited to, loss of life, limb, health, employment, and/or sight, which may result, or be alleged to have resulted, from Member’s, or Member’s spouse’s, children’s, or guest’s participation in Republic Mining Events or activities on Republic Mining Properties.
Member agrees that in the event of sudden illness or injury to Member, or to Member’s spouse, Member’s Children, or Member’s guests, Member authorizes Republic Mining or Republic Mining Agents, any hospital, doctor, emergency personnel, or those persons who are present, to render immediate emergency aid or other assistance at the time, as conditions and experience will allow. Member will hold harmless any such person(s) who attempt to assist him/her, and understands and agrees that any financial expense from such emergency or medical services with be Member’s personal responsibility to pay.
5. MEMBERSHIP PAYMENTS :
Member must maintain Membership payments up-to-date in order to actively mine on Republic Mining Properties.
7. COMMITMENT :
There is no contract binding Member to continue installment payments in Member chooses to drop out of the association.
8. RELEASE :
Member agrees that pictures or video footage may be taken of Member and Member’s spouse, children, and/or guests while Member is active on Republic Mining Properties, or while Member is participating in a Republic Mining Event. Member hereby grants Republic Mining permission to freely use such photographs or video footage withing any future Republic Mining website articles, promotional videos, advertising, or any other purpose relating to Republic Mining business relating to the club claims.
V. FURTHER TERMS
1. GOVERNING LAW AND VENUE :
This agreement is to be governed and construed under the laws of the State of Oregon, and the Federal General Mining Act of 1872. Republic Mining and Member consent to litigate any dispute under this agreement in the Josephine County Circuit Court, unless the dispute concerns a specific Republic Mining Property in another county, or other State, in which case either Republic Mining or Member may elect to litigate that dispute in the Circuit Court of the county in which the Republic Mining Property is located.
2. SEVERABILITY :
Any provision of this agreement prohibited by the laws of the United States or the State of Oregon shall be ineffective to the extent of such prohibition without invalidating the remaining two provisions in this agreement.
3. ATTORNEY FEES TO PREVAILING PARTY :
In any litigation over this agreement, the prevailing party (either Republic Mining or the Member,) shall be entitled to reimbursement of reasonable attorney fees and costs from the other party.
5. EFFECTIVE DATE :
The effective date of this agreement shall begin immediately.
6. Lifetime Memberships :
Lifetime is defined as the lifetime of the Republic Mining Prospectors Association.
1. First come, first served. Don't poach another member's work/camp area. Be courteous of other members and do not work so close together that you cloud each other out. If you wish to work or camp near another member, ask first. 2. Don't use tools or other items belonging to another member without asking first. 3. Please don't leave your equipment or other personal items on the claim unattended for more than a week. 4. Please don't leave trash or other refuse behind on claims. If you encounter trash left by others, please take the time to pick it up and remove it so that the claims remain clean. If you encounter signs of illegal dumping, please report it to Republic Mining staff. Please practice good sanitation practices. USFS suggests that you, “deposit solid human waste in holes dug 6 to 8 inches deep, at least 200 feet from water, camp and trails. Cover and disguise the hole when finished.” 5. Please observe Fire Season Rules and fully extinguish any campfires or BB grills after use. Visit www.swofire.com for current fire info. 6. Please carry your membership card or your guest pass with you or in your vehicle while on Republic Mining claims. You may be asked to present it by staff or other members as proof of membership. 7. Limit mining activity to “casual use” as defined by agency regulations. No heavy equipment or materials classified as explosives may be used without agency approval. Suction dredges (in non-esh streams), highbankers, sluices, metal detectors, dry washers, etc. are permitted. Please research and interpret State laws and regulations yourself. 8. You are responsible for having your own permits. We are not lawyers and cannot tell you which permits you need or do not happen to need. 9. Please do not erect structures on claims. As much as we like cabins, these require approval of the agency to erect. 10. Do not cut or remove live trees from the claims. You may cut brush to clear mining trails/roads and use deadfall for mining incident purposes. 11. Please do not leave your RV, camper or tent on the claims unattended for more than one week. 12. Your immediate family (spouse/partner, parents and your children) may mine under your membership. 13. You are allowed to bring two non-member/non-family member visitors to the claims during each year, for a maximum of two days per visitor. Your visitors are not required to obtain a guest pass if they are accompanying you. 14. Visitors and your immediate family are subject to the same rules and obligations as members. Please take the time to educate them on all rules as your guests are your responsibility. 15. Please do not copy and/or share your claim guidebook with non-members. This material is intended for the benefit of members only. 16. Please share photos of your finds and details of your mining experience with staff, if you'd like. This information may be of benefit to other members and the success of the association.