Welcome to Heritage Sporting Club LLC (HSC). You are joining a small family-oriented community of boaters with a passion for boating and the outdoors. Our rules are designed to ensure every member, their family, and guests have a great experience at Heritage Sporting Club. Boating has inherent risks, and the safety of everyone on the property is our primary goal. Any behavior that endangers our members will not be tolerated. Keep in mind, membership in this community is a PRIVILEGE. Our right to boat on this reservoir is a PRIVILEGE. We retain the right to deny, terminate or non-renew any membership at our discretion. Our members are our community. It takes every member’s effort to ensure that this club will be the most premier water sports club in Colorado. So, please treat your neighbors like you want to be treated. Watch out for everyone’s best interest. Report any violations or incidents to member services ASAP. Failure to report a violation can result in the termination of your membership. If you would like to request a change in policy for the following season, please email your request to members@heritagesportingclub.com. GENERAL PROVISIONS Memberships are for ONE season at a time only. Your membership dues will include dumpster and restroom rental which will be serviced bi-weekly. Checks will be payable to Heritage Sporting Club, LLC, 15763 County Road 47, La Salle, CO 80645. These rules apply to all members, their family, and guests. We would appreciate each member helping to police these rules through member services. 1. INDEMNITY AND HOLD HARMLESS: No person is allowed onto the property for any reason without a properly executed release of liability agreement. All members shall acknowledge and agree in writing, by affixing signature(s) below, signifying the Member’s Acceptance and Approval of these Rules, Regulations and the HOLD HARMLESS clause in this agreement. All adult members are required to sign the rules and regulations. All pages must be returned to lake management mail, email or e-signature procedures before you are allowed to occupy the lake property and use your assigned lot during the boating season each year. If you are on the property before lake management has your executed rules and regulations, your membership may be terminated immediately. Members must send all membership payments and documentation as instructed by Member Services. All members are hereby notified that email will be the primary form of communication from Member Services. It will be the lake member’s responsibility to inform Member Services of the correct email address to receive correspondence, notices and documentation. The Member, for themselves, family, guests, and invitees, ASSUMES ALL RESPONSIBILITY AND LIABILITY and agrees to defend and hold Heritage Sporting Club (Leaseholder), its contractors, principals, and employees (if applicable), absolutely held harmless from any and all actions and free from liability whatsoever assumed or implied of any form or type. 2. INSURANCE POLICY: Each club member is responsible for sending proof of insurance every year. It is the responsibility of the member to ensure an up to date policy is on file if the policy expires mid season. The required minimum insurance policy for all boats, RV's, vehicles, and UTVs is a general liability insurance limit of no less than $1,000,000 liability per occurrence. A boat, vehicle, RV or UTV insurance policy of $300,000.00 liability is acceptable if you have a $1,000,000 or more blanket liability policy. Insurance will include additional insured, primary non-contributory, with a waiver of subrogation. Your Applicable Insurance Policies must name Heritage Sporting Club (HSC), 15763 County Road 47, La Salle, CO 80645, and Farmers Reservoir and Irrigation Company (FRICO), 80 S 27th Ave, Brighton, CO 80601, as additionally insured on the policy. Your Boat Insurance MUST also be in the name(s) of the member(s) on the Membership Agreement and afford coverage to the member, their family and anyone else that may operate the boat. It is the Members Responsibility to ensure that anyone that operates their Boat(s) has Insurance Coverage for said operation and will be covered in the event of an Insurance Claim. A copy of your Insurance Declaration and proof of valid insurance coverage from April 1st to September 30th of each year is required in order to possess or operate a boat on the property. IF HERITAGE MEMBERS SERVICES DOES NOT HAVE YOUR CORRECT AND VALID PROOF OF INSURANCE FOR YOUR BOAT, YOUR BOAT IS NOT ALLOWED TO BE ON THE PROPERTY WHATSOEVER. IF A MEMBER VIOLATES THIS POLICY, YOUR MEMBERSHIP WILL BE IMMEDIATELY TERMINATED WITHOUT REFUND, NO EXCEPTIONS. IT IS THE MEMBERS RESPONSIBILITY TO SEND A COPY OF ALL CORRECT INSURANCE PAPERWORK TO HERITAGE MEMBER SERVICES AND VERIFY RECEIPT OF SAID PAPERWORK. 3. MEMBERSHIP:Heritage Sporting Club offers a number of membership options for our club at Milton Reservoir. This contract is exclusively for our summer Water Sports Membership. A membership consists of one primary member and their dependents (secondary members). Dependents include a spouse or legal partner, and their legal dependents under the age of 21. Secondary members have all the privileges of the primary member. All secondary members and guests are the absolute responsibility of the primary member. All guests and children must be supervised by the primary member or primary member’s domestic partner. Anyone that is not a primary or secondary member is considered a guest of the primary member. Membership only applies to the individuals that are listed on this contract and have signed all pages of this agreement. The guardian of any dependent under 18 must sign this document in lieu of the minor. The primary is ultimately responsible for all actions of their family members or guests. 4. OPTIONAL FEES: a. LOT PARTNERSHIPS: Heritage may approve two families to share one lot on a case by case basis. There will be a 50% additional membership fee if approved. This allows two RV’s on the property and one boat. b. LOT MAINTENANCE SERVICE: Heritage will keep your lot maintained for the entirety of the season for a $250 one time fee. Lot maintenance may include a combination of mowing and/or herbicide application in order to keep weeds at a manageable level on your lot. Because of the risk of damage to member’s property, weed trimming will not be performed as part of the lot maintenance service. c. MOORING ANCHORS: Heritage can provide a mooring anchor for your boat. The cost is $250 per anchor and it includes moving the anchor two times during the season. Each additional move can be scheduled by the member at a cost of $50 per move. Mooring anchor moves are available on a bi-weekly basis. Morning anchors can be moved by the member by dragging it with your boat. Heritage is not responsible for failure of the mooring anchor. 5. MEMBERSHIP ORIENTATION: All members must watch an online orientation webinar before coming out to the property. All NEW members must watch the online webinar & attend an onsite orientation before exercising member privileges. 6. MEMBERSHIP DATES: This membership is valid from April 1, 2022 until September 11, 2022. Heritage Sporting may extend boating only up to the end of September at Heritage’s sole discretion. Our USR permit requires no camping and no RVs/trailers on the property after September 11, 2022. All RV’s and trailers must be removed from the property by September 11, 2022 (A daily fine of $25 per day will be assessed after September 11, 2022 for each RV/trailer remaining.) If your membership is not renewed, everything must be off your campsite and your camp site must be clean by September 30, 2022. Anything left after September 30th is abandoned and considered property of Heritage Sporting Club. If cleanup of your lot is deemed necessary by an agent or employee of Leaseholder or Landowner, you will be charged at the rate of $150.00 per hour for any clean up and any hauling fees that are applicable. 7. In the event that boating rights are extended beyond September 11, 2022, the following rules are mandatory: a. NO OVERNIGHT CAMPING: Absolutely under no circumstances can anyone spend the night on property after September 11th. i. Everyone must be off the property by 10pm every night. ii. No tent, RV, or boat camping allowed iii. NO EXCEPTIONS. THIS WOULD VIOLATE OUR PERMIT WITH THE COUNTY. b. NO DRINKING AND DRIVING: You cannot spend the night so plan accordingly. c. BOAT MUST NOT LEAVE THE PROPERTY during extended season. The boat is not allowed to leave the property for any reason and once it leaves, it may not return. i. Fuel must be brought to the boat. ii. Taking the boat for repairs is one way and boats are not permitted back. iii. ONLY EXCEPTION: If the boat must be taken for repairs, an ANS inspection must be scheduled before taking the boat off the property and before returning to the property subject to the availability of HSC. d. No Boating Before 11am during the week of Early Teal Season (Tentatively Sept 12-20, 2023. Check CPW website for exact dates) to deconflict with hunters using the reservoir during that time. e. NO WEEKEND ANS HOURS: The last ANS shift will be on September 11th to get an exit inspection. All boats must stay on the property so there will be no ANS shifts. If you would like to get an exit inspection after September 11th and before September 31st, it will need to be coordinated in advance. f. ALL BOATS WILL BE TAGGED OUT ON SEPTEMBER 30th. An ANS inspector will be onsite on September 30th from noon-6pm. There is no boating after 5pm. All boats on the property will be tagged at this time and must be removed by Sunday, October 2, 2022. g. ANYONE CAUGHT VIOLATING THIS POLICY WILL CAUSE THE EXTENDED BOATING SEASON TO BE IMMEDIATELY ENDED FOR EVERYONE AND YOU WILL LOSE NEXT YEARS MEMBERSHIP RIGHT OF RENEWAL. 8. OFF SEASON STORAGE: Non-vehicles can be left on your site during the offseason, but all items must be moved to the edge of the high water lines and secured from high winds. 9. VEHICLES ALLOWED:Each membership is allowed ONLY one boat, one camper, one storage unit (enclosed trailer or removable shed), and one golf cart/UTV (with applicable fee) which can be left on your lot during the season. Members may register multiple boats, however, may only have one boat on property at any time - no exceptions. Only 3 temporary vehicles are allowed on your lot at one time. In addition, you are allowed 3 more temporary vehicles to be parked in the designated short-term parking lot. All vehicles must display a valid access permit/guest pass or they will be towed at the owner’s expense. In order to maintain a premier community and prevent contamination from fluid leaks, all vehicles on the property must be free of fluid leaks and in good working order 10. BOATS ALLOWED: Our community is primarily geared for inboard type Ski or Wakeboard boats. Other types of boats may be allowed, but must not interfere with the flow of water skiing and wakeboarding. Boats older than the year 2000 are only allowed after being inspected and approved by Heritage. Boats must be 2000 models or newer unless approved in writing by Heritage Staff. The maximum boat size is 24ft unless approved in writing by Heritage. All boats are subject to approval. No houseboats are allowed. 11. UNACCEPTABLE VEHICLES: This list includes but is not limited to Motorcycles, Motor Scooters, ATV’s, Dune Buggies, Go Karts, Jet Skis, House Boats, Hydro Powered Jet Packs of any kind, self propelled/electric surfboards/jetboards/hydrofoils, or Parasails. None of these may be operated at the lake at any time by Members or their Guest’s. Golf Cart or UTVs may be allowed with Member Services Approval and $150 fee per vehicle (lots 1-19 exempt). They must display a special HSC sticker on the vehicle and only may be operated by people with a valid driver’s license. These vehicles must be driven on roads at all times. NO DRIVING ON BEACH AND NO OFF-ROADING ALLOWED IN ANY VEHICLE. This list and policy is subject to modification at any time by Member Services, Leaseholder or the Property Owner. 12. OPERATION OF VEHICLES ON PROPERTY: a. VALID LICENSE AND INSURANCE: You must have a valid license and insurance to operate any vehicle on the property. b. ROAD ACCESS ONLY: Vehicle MUST be operated on designated roads and parking areas at ALL times. At no time can any vehicle be operated off the designated roads. This includes golf carts and side-by-sides. There is absolutely NO off-roading on the property and no driving on the beach. This will result in immediate termination of the HSC Membership. c. GIVE WAY: FRICO and all oilfield service companies ALWAYS have right away. No type of vehicle obstruction of roadways is allowed. Heritage is subject to a $10,000 fine for obstructing FRICO right of way. You agree to pay this fine if someone in your membership or one of your guests causes this obstruction. d. NO DRIVING ON DAM: Driving on the Dam is explicitly prohibited. This will result in immediate termination of the HSC Membership and may result in criminal trespassing charges by FRICO. If an emergency situation exists, Heritage staff MUST approve and escort any travel across the dam. e. NO DRIVING ON LAKE BOTTOM: There is absolutely no driving on the property below the high-water line. If there is a need to drive below the high-water line, contact lake management. HSC and FRICO employees are the only people authorized to drive below the high-water line. You may NOT launch a boat from a trailer anywhere except the designated boat ramp. There is a minimum 2 week suspension for first violation for driving below the water line. f. SPEED LIMIT: Please use Caution and Safety while driving your vehicles around the Lake Property. The speed limit on all roads around the lakes is no more than 10 MPH, without exception. Lower limits may be posted and must be obeyed at all times. HSC members are to limit their speed to 20 MPH on the dirt county roads adjacent to the property to limit dust and respect the neighbors. Repeated violations will result in the vehicle and person(s) being BANNED from the property and possible termination of the HSC Membership. g. PARKING: Parking is permitted in designated areas only. Only 3 temporary vehicles may be parked on a member’s lot. All other vehicles must be parked in the designated parking area. All vehicles must display a proper vehicle or guest parking pass. Any vehicle found without a proper pass will be towed at the member’s expense. All vehicles must have a valid registration and insurance to enter HSC property. Again, all members are 100% responsible for their guests at all times. It is the Members responsibility to know where the designated parking areas are on the property. NO VEHICLES CAN BE PARKED OUTSIDE THE HSC GATE OR ALONG THE PROPERTY LINE AT ANY POINT. h. RV’S AND TRAILERS: Riding in an RV or boat while on property is considered AT YOUR OWN RISK. Anyone being transported inside a vehicle in tow must have all body parts within the towed vehicle at all times. i. LAUNCHING A BOAT: All boats requiring a trailer must be launched from the designated boat launch ramp. Only one boat is allowed to be launched at a time. The area next to the boat launch area has important mechanical and oil and gas equipment next to it. Be very careful around all equipment. The entire area is a transitory area. That means no one may loiter around the boat launch or equipment. Do not climb on the concrete dam wall. The entire dam is off limits. Before or after launching your boat, move without delay to the parking area outside the gate of the boat ramp. Do not block access to the road while waiting in line. Your trailer must be parked in a designated parking area out of the way. 13. GUEST POLICY: You may bring guests on the property as long as the total number of people (members + guests) is less than 15 people. All guests must sign a liability release before coming onto the property which can be found at www.heritagesportingclub.com. You must meet your guest at the gate to escort them onto the property and ensure they are properly registered. If a guest lets themselves in with the gate code, there will be a minimum of a 2 week suspension of your membership.You are 100% responsible for all actions of your guests. No guest will be given access, or left on the property without their sponsoring member present. You will be held personally liable for any damage your guest causes. If you have any question about the responsibility of your guests, do not invite them. All members will need to be respectful of their fellow lake members regarding the frequency of guests invited to the lake. Additional guests add to the use of portable bathrooms, the amount of trash and add to the overall hustle and bustle of the lake. Although all the Members may like to have friends and family up to the lake, it needs to be done in moderation and with consideration of your fellow Members. If there are valid and legitimate complaints from other Lake Members about a particular Member and their guest, said Member may have their guest privileges revoked. At any time, the guest policy may be modified by the Leaseholder, Member Services or the Property Owner without prior notice to the Lake Members. a. Guest Vehicles: All guest vehicles and guest RV’s must be registered at the entrance prior to entering the property. You may have ONE guest camper in addition to yours on site. Guest RV’s and vehicles are not permitted on the premises without the sponsoring member and guest being present. The guest camper must be registered at the check in station. Failure to register your camper may result in your guest privileges being revoked. The guest camper must leave when the guest leaves. NO GUEST BOATS ARE PERMITTED ON THE PREMISES AT ANY TIME . VIOLATION OF THIS POLICY WILL RESULT IN IMMEDIATE TERMINATION OF YOUR MEMBERSHIP without refund. b. Guest Directions: Damage to our relationship with our neighbors have resulted from member’s guests trespassing onto our neighbors properties. This is particularly a problem from guests driving straight into Aristocrat Ranch at CR34.5. Due to the critical nature of maintaining good relationships with our neighbor, your membership will be terminated for the season if your guest/contractor trespasses onto a neighbor’s property. 14. PROOF OF MEMBERSHIP: A valid state ID must be displayed on request of any employee of HSC or FRICO to be verified with the registered member and guests lists. The sheriff will be called if anyone is found on the property that is not on our member or guest list and they will be prosecuted for trespassing. 15. PROPERTY ACCESS: The property is secured with locked gates at all entrance points. Members only may enter or exit the property from the main automatic member gate. Members will receive a code to their entrance gate once all paperwork is completed. This code will change periodically. Each member must lock the gate behind them. It is your responsibility to immediately lock the gate behind you. You are 100% responsible for anyone who comes into the property after you unlock the gate or who you provide the code to. There is a FRICO gate North of the member gate. It is properly marked with do not enter signs. No member/guest may enter through this gate. FRICO sometimes leaves the gate open to run truck loads. This does not give permission to enter. 16. CAMPING SITE: Your designated camping site will be marked off with stakes to identify the boundaries of your site. Your camping site is defined as the area within those boundaries above the high-water line. No motorized vehicles are allowed below the high-water line. Your camping site is your area to leave your camper, boat, trailer and other items during the season. You are responsible to maintain your site in a professional manner throughout the season. a. CONSTRUCTION: If you would like to make an improvement to your site, it must be approved by Heritage in writing. Please make your written requests through member services. The request must be approved by FRICO and is subject to county permitting and regulations. A deposit may be held by Heritage for the amount required to remove your improvements in the case that your membership is not renewed. Please contact member services for specifics. b. CAMPFIRES: Fires are only permitted in designated fire pits at campsites and on shoreline once water has receded at a minimum of 10 yards from the treeline. Fires, or embers, must be under supervision at all times. Each Member must have at least two full five-gallon buckets of water and a shovel near your fire at all times for safety purposes. NEVER PUT SPENT ASHES LESS THAN 48 HOURS OLD IN THE TRASH. We suggest discarding old ashes on arrival, before you start your first fire. No fireworks are allowed on the property. The use of fires and cook stoves may be limited by HSC, FRICO or governmental authorities. c. NOISE AND DISTURBANCES: Consideration and Respect of your fellow Members must be extended at all times by Members and their Guest. Noise levels must be kept to reasonable and acceptable levels during the day between the hours of 7:00am and 10:00 pm. The time frame between 10:00 p.m. and 7:00 a.m. is considered QUITE TIME, noise levels must be kept to low levels during this timeframe. Any noise that can be heard beyond your campsite during Quiet Time is considered unacceptable (with the exception of traveling from one camp site to another by walking, vehicle or other means of transportation). Again, please be considerate of others! i. GENERATORS: To keep our lake enjoyable for your neighbors, construction type generators are prohibited. The only generators allowed are quiet inverter type generators. Operating sound must be limited to 60 decibels or below. ii. Stereo Systems: All stereo systems (boat, camper, or portable) should be kept at a reasonable level. Boat stereo systems should be reduced to a conversational level while the boat is being transported past other members' lots. d. DOGS AND PETS: Members are responsible for their pets at all times. All pets must be leashed and under positive control at all times. A shock collar can be used in lieu of a leash while your pet is under direct supervision and on your spot or in the water. Dobermans, Rottweilers and Large Terriers (pitbulls) are not allowed on the property for any length of stay including any guests of our members (Unless specifically approved in writing by Heritage after approval from our Insurer for special circumstances.) Any animal that has bitten someone in the past is not allowed on the property. If your pet acts aggressively to anyone or your pet is found running off leash, you may lose your pet privileges and/or your membership may be terminated without refund. Any dog that continually barks will be banned from the lake, no exceptions. Animal Waste from your dog on another Member’s site is unacceptable. Animal Waste must be cleaned up every day that you are at the lake. Please clean up after your dogs. e. FIREARMS: No firearms are permitted at the lake or during the boating season. (Exception: Members who are active law enforcement officers. Members who have a scheduled hunt on the property may possess a shotgun for the purpose of that hunt within the week of that scheduled hunt). Discharge of a firearm by a member or their guest will result in IMMEDIATE TERMINATION of the membership. (Exception: With written approval of HSC staff, adult members may use pneumatic powered guns (pellet guns) to control nuisance varmints on the property. Please email members@heritagesportingclub.com for more information.) f. FUEL CANS: Each site is allowed one five-gallon jerry cans to operate generators. The fuel container must be stored in a secondary spill proof container. g. FIRE EXTINGUISHER: All recreational vehicles must be equipped with an ABC type fire extinguisher (minimum 2.5 lbs). h. UPKEEP: (Due to erosion, FRICO no longer allows scraping of lots.) Club members are responsible for upkeep of their own site and take action to keep fire hazards down; such as high weeds or combustible materials. High grass and weeds attract bugs and snakes which will affect your neighbors. Heritage will mow individual lots for the season for a $250 one time fee. Overgrown sites will be mowed automatically by HSC staff and added to the season maintained lot service with a required $250 fee. Fallen branches and drift are the cleanup responsibility of the member. Haul away services can be provided by contacting Heritage staff. Any removal of branches, trees or brush must be approved by FRICO. Exceptions: Any branch that is physically separated from the tree or branches less than 2 inches thick below 7 ft from the ground may be trimmed without approval. i. PESTICIDES AND CHEMICALS: Before any weed or pest chemicals are used on site, please verify with Member Services that the product involved is approved for use by FRICO. Any product used on the entire property must be biodegradable, safe to use near water and not harmful to water, people, animals and wildlife. j. HAZARDOUS MATERIALS: No Hazardous material is allowed on your site. Oil and fuel must be kept in the designated storage area on the property. k. MECHANICAL REPAIR: Repair of any kind of mechanical device that contains fuel or oil is prohibited on site. l. OFF SEASON ACCESS: There is no off-season access to this property for Water Sports Members. You must purchase a Hunting Membership separately. m. STORMS AND RISING WATER LEVELS: This reservoir is fed from a number of sources including rainwater runoff. Large storms upstream of this reservoir can cause rapidly rising water levels. HSC will attempt to communicate with members if we are aware of any dangers. In floodwater situations, camp sites may be required to relocate. If we are unable to reach you or you are unable to relocate in time, we reserve the right to relocate any of your possessions without liability. n. ADVERTISING: No commercial advertising is allowed by members. Exception: permanently wrapped vehicles/trailers/boats in the name of the owner’s business is allowed. Members may place a small, removable sign affixed to their vehicle to advertise a vehicle sale. This sign may be no larger than 12”x12”. No yard signs are allowed. o. CLOSING OF MEMBER LOT: All member lots may be closed at any time. FRICO and oil and gas companies operate on this property, and may require us to shutdown or relocate lots. If we must close your lot, we will give you the option to relocate or offer a prorated refund for the rest of the season. p. CONEX STORAGE: NEW THIS YEAR. Based on feedback from members, large Conex shipping containers have created an issue regarding the aesthetic value of the lake. Therefore, no large (40 foot x 9.5 foot) containers will be permitted on lots for storage. Large Conex-style containers that are already present on lots will be grandfathered in, however no 40ft new containers will be allowed on the lake. Half sized (20 foot x 9.5 foot) containers are permitted. Please contact member services with any questions or clarification on this rule. 17. DAY USE AREA: Your day use area is defined as the area within your lateral boundaries BELOW the high-water line to the shore. This is your beach area to enjoy. All members and guests may walk along the beach through all day use areas. Just please respect your neighbors and their ability to enjoy the beach in front of their camp site. You may set up tables, chairs and other outdoor furniture on the beach during the day, at your own risk, as long as they are returned to your site at night. In the event such property is blown into the water, it must be recovered immediately. If you are not able to recover it, notify Member Services immediately. Please do not set-up on someone else’s day use area. Nothing can be left on the beach overnight. 18. INSTALLING DOCKS: You may install a temporary floating dock on the shore of your Day Use Area for the boating season. It must be removed by the end of the season. a. BEACHING YOUR BOAT: You may pull your boat onto the beach of your day use area at your own risk. Your boat must be property anchored if you go beyond visual sight. b. DOCKING YOUR BOAT: If you have installed a private doc for the season, you may leave your boat in the water at your own risk. c. LEAVING BOAT IN WATER: You may leave your boat in water overnight at your own risk. You must be on the property or be returning to the property within 24 hours to leave your boat in the water. 19. COLORADO BOATING STATUTES AND REGULATIONS: All Members must know current Colorado boating statutes and regulations. These statutes and regulations apply to the use of watercraft and floatation devices as well as the use of the Lake Facilities and Property. These state statutes and regulations are minimum requirements. Fishing licenses are required for anyone that chooses to Fish on the entire property. All associated laws and regulations issued by the State of Colorado are in effect on this property. 20. BOATING AND WATER SPORTS RULES: a. RED TAG: No boat may be launched without a red tag affixed to it by a HSC ANS inspector. b. BOAT USE: You may only operate the boat that belongs to your membership. You may not operate other member’s boats unless their insurance specifically names you on their policy. c. BOAT OWNERSHIP: Any change of ownership of a boat must be reported to Member Services and the Member must provide a copy of the new insurance policy for the Member’s new boat before the boat is used on the property. d. OPERATION OF BOAT: You must have a valid license and insurance to operate a boat. No one under the age of 18 may operate a boat without the supervision of someone 18 or above. All people under the age of 18 must be supervised at all times by an adult while engaged in any motorized water sports. e. BOAT STICKER: All boats must have valid HSC Boat Stickers affixed to their boat, visible when the boat is in the water, so as to determine who has a membership to the lake. The sticker shall be placed next to where your C.L. numbers are positioned. f. SPEED LIMIT: A 35 MPH speed limit is enforced on the water at all times. Officials from the State of Colorado will be encouraged to assist in this enforcement. It is a 7 mph limit after dark or in the no wake areas. g. ORANGE FLAG: An orange flag must be displayed anytime a skier or their equipment is in the water. Skiers that have fallen should signal as soon as possible to indicate they are okay and not injured. h. OBSERVER: An observer, of at least 12 years of age, is required to be on the boat when anyone is being towed behind the boat. i. RETRIEVING TOWED PERSON: If a towed person falls into the water, immediately turn to retrieve the fallen person. Approach the person at wakeless speeds while being vigilant for other boaters. Display your orange flag and be prepared to signal any oncoming boaters. j. TUBING: Tubers must give away to any watercraft towing skiers and boarders. k. NO RECKLESS OPERATION: No person shall operate a boat in a reckless or negligent manner. The owner and/or operator are responsible for any damage caused by their boat, its wake or tow. Your membership will be terminated at HSC’s discretion for reckless operation. l. BOATING ACCIDENTS: Boating accidents must be reported immediately to lake management. m. COUNTER-CLOCKWISE DIRECTION: All boats must run in a counter-clockwise direction around the lake. Do not cross in the middle of the lake or otherwise impede the flow of other boats. This includes when returning to your lot. n. TRAFFIC FLOW: Please always operate your boat in a way that does not impede other boaters and maximizes traffic flow. Do not be the guy going for a swim in the middle of the rotation. o. MINIMUM SEPARATION: All boats must be separated by a minimum of 200 feet while underway. At no time may a boater cross the wake within 500 ft of another boater that has someone under tow. All boats that are underway must maintain 500 ft separation from swimmers in the water that are not from their boat. p. NO FUELING BOATS ON THE WATER: Boat must be fueled on their trailer on land if refueled on the property. Boats never can be refueled on the water. This is grounds for immediate termination. q. MINORS: All minors engaged in motorized water sports shall be supervised by a responsible adult. All minors on property must be accompanied by an adult. r. DAM OFF LIMITS: No one is allowed within 150ft of the dam unless going to/from the boat ramp, and absolutely no one is allowed on the dam at any time. s. MOTORLESS WATERCRAFT: Watercraft such as Paddle Boats, Paddleboards, Rowing Boats and Canoes MUST stay within 150 Feet of the shore or in the designated wakeless area. If there is no Boating activity in process on the Lake, the aforementioned watercraft may be more than 150 feet from the shoreline. t. SAFETY EQUIPMENT: All boats must be equipped with Colorado Boating Law safety requirements. u. FLOATATION DEVICE: All occupants of any watercraft vessel must wear or have in their possession a Life Jacket or Safety Flotation device. All members and guests must use a life vest and/or personal flotation devices at all times while in water deeper than chest level. All adult members are responsible for all guests and children’s safety at all times. All children under 13 must wear a floatation device on a vessel that is underway. v. SWIMMING: There is no designated swim area on the property as described in §25-5-801 to §25-5-810 of the Colorado Revised Statutes and Article 4.6 of the State of Colorado Swimming Pool and Mineral Bath Regulations 5 CCR 1003-5. Thus, we do not do weekly testing of the water as required in that statue. Swim at your own risk. w. SWIMMING WHILE BOATING: Boaters may enter the water to swim under the following conditions: 1) The boat is outside the flow of traffic. (This includes the center of the lake or up to 500ft from the shoreline outside the flow.) 2) The motor of the boat is off. 3) An orange flag is displayed. 4) All swimmers have life vests on. 5) One observer is inside the boat. Please be vigilant for other boaters underway while swimmers are in the water and be ready to signal if necessary. The boat motor must be off while swimmers are in the water. No boats may come within 500 ft of swimmers while underway. x. WAKELESS OPERATION: i. AT NIGHT: No one is allowed to be under tow 1 hour past sunset. Boats are to remain at wakeless speed during night-time hours (1 hour post sunset till dawn)(7 mph or less). All boats must have coast guard approved lights to cruise at night. y. WAKELESS AREA: i. All areas 200 feet from the shoreline must be wakeless. ii. 500 feet from Heritage Sporting Club’s dock is a no wake zone. Please be considerate of those loading and unloading their boats. z. WILDLIFE PROTECTION AREA: Milton Reservoir is a host to a number of protected Wildlife. On the West side of the lake, there is an island that is one of Colorado’s largest pelican rookeries. On the Northwest corner, there is a bald eagle nest. Parks and Wildlife (CPW) produces recommendations on wildlife every year. Heritage will communicate the latest restrictions to members via email. In lieu of updated restrictions, there is a 1/3 mile restriction around pelican island (the lake is 1.6 miles x 2.3 miles). aa. MOORING: Mooring or tying to markers in the boating areas is prohibited. Mooring is only allowed in the wakeless area away from the flow of traffic. bb. MAXIMUM BOATS ON THE LAKE: When the lake is full, a maximum of 25 boats are allowed on the lake outside the wakeless area at one time. This number will fluctuate with the change in water level. cc. UNDERWATER OBSTACLES: Please be advised that unseen dangers exist at this reservoir. As water fluctuates from day to day, underwater obstacles such as rocks, trees, stumps, posts, and wires can be just under the surface. Boat, swim and ski at your own risk and with caution. If you find an underwater obstacle, please inform lake management so we can mark it. dd. SCUBA DIVING: SCUBA diving is prohibited by all members unless with supervision of HSC staff for the purposes of removing underwater hazards. ee. FISHING: Please follow all rules to prevent the introduction of ANS. Trolling anglers should display a white trolling flag to indicate to other boaters that they are trailing a line. Fishing boats should not impede safe access for water skiers/boarders/surfers in the ski area or entering or exiting a designated boat launch point. Remember, this is primarily a private water sports lake. ff. BOATING LAWS: Please keep in mind the law requires all boats (including boats on private lakes) to abide by all Colorado boating laws, rules and regulations. gg. LIGHTNING STORMS can develop quickly and lightning frequently strikes the lake’s surface. Boaters are advised to quickly seek shelter and safety. hh. ALCOHOLAND DRUGS: No drugs (including marijuana) are allowed on the property. Alcohol opened or unopened is prohibited on any watercraft. OPERATING BOATS OR VEHICLES ON THE PROPERTY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS STRICTLY PROHIBITED AND WILL RESULT IN A $10,000 FINE AND IMMEDIATE TERMINATION OF YOUR MEMBERSHIP. Members are subject to ALL Colorado Boating Statutes and Regulations. Law Enforcement Officials will be encouraged to assist in the enforcement. HSC reserves the right to ban motor boat operation or terminate membership of any member who demonstrates a lack of reasonable judgment or responsibility. Off premises incidents that involve Alcohol or Drugs by a Member while operating a vehicle or boat demonstrates a pattern of recklessness and may result in Termination of your Membership at HSC, despite not violating any policies while on premises. 21. PROHIBITED AREAS: These prohibited areas are highly sensitive to the landowner. Violations can result in the entire club losing our right on the property. There will be no leeway in this area. If you or your guests trespass in these prohibited areas, all your memberships at HSC will be terminated without refund and the trespasser will be prosecuted by the landowner. These areas are subject to change by notice from the landowner. All members will be notified by email and the same rules apply. a. DAM: The entire dam, 150 feet in front of the dam, and all areas North of the dam are strictly prohibited. b. Weather Station: FRICO has a weather station on the East side of the property. The weather station and 10ft around the weather station is prohibited. c. Oil and Gas: There are a number of oil and gas pumps, tanks and batteries around the property. There will also be service trucks doing maintenance around the property. No one can ever impede the flow of the service vehicles. No vehicle can be parked within 150ft of any oil and gas structure. Oil and gas structures have a risk of explosion in the case of a malfunction. Be careful of spark producing devices within 75 feet of any oil and gas structure. 22. ENVIRONMENTAL: This reservoir is the main source of irrigation water to support all the farmers in the area. As the Denver Metro grows, this reservoir may one day become the primary municipal drinking supply. It is vitally important that we be good stewards of this land to keep the land and water pristine and clean. We believe all our members will share this value with us. There will be no tolerance for members who do not. a. DUMPSTERS: Do not overflow dumpsters. If a dumpster is full, find another dumpster. If all dumpsters are full, contact Heritage for remediation. Keep the dumpster lid closed. Properly break down boxes and materials to maximize room in the dumpsters. b. DUMPING: There is absolutely no dumping of trash, gray water, black water, or hazardous materials on site. c. DUMPING/SPILLS OF HAZARDOUS MATERIALS: All trash must be put into the provided dumpsters. No dumping of any trash is allowed. No hazardous materials are allowed on site with the exception for vehicle fluids. Intentional dumping of any hazardous material including fuel, oil, coolant and sewage on the property is strictly prohibited. Accidental spills may happen. It is imperative that you notify lake management as soon as possible so we can clean up the spill before it seeps into the soil. You will be held financially liable for all cleanup of intentional dumping or failure to report an accidental spill. d. SEWAGE DUMP: Redi Services have been contracted to provide pump-outs to our members. Due to issues with complexities with different RV valves and connections, Redi will only pump out external waste totes. The cost is $50 per tote with a maximum tote size of 50 gallons without additional charges. There is no sewage dump location on site. There is NO dumping of black or gray RV tanks allowed on the property. e. GRAY WATER: No gray water may be dumped on the property. f. SANITATION: No refuse shall be thrown into or left on the shoreline of the lake. No oil from a bilge pump shall be allowed to discharge into the lake. 23. AQUATIC NUISANCE SPECIES (ANS): ANS is a major threat to lakes in Colorado. Introduction of ANS into this reservoir could result in the end of our ability to boat on this lake. It is imperative that we do everything in our power to prevent the introduction of ANS. By signing this document, you acknowledge that you have received the BOATERS GUIDE TO ANS and fully understand the material. a. CLEAN, DRAIN, DRY, DISPOSE: After leaving any other body of water, make sure you completely clean, drain and dry your boat. ANS can be too small to see and can survive in a level of water. Dispose of any bait or plants. b. SEALED: All boats entering the property must be tagged with a green boat inspection seal with a white receipt. If your boat is not sealed, you must go to a CPW location to get a state inspection and/or decontamination. c. INSPECTION: All boats with a green seal entering the property must be inspected by HSC staff. The boat must be clean and dry with a green seal and white receipt to enter the property. d. ENTERING THE WATER: Our inspectors will put a special red seal on your boat after you have been inspected. You may not enter the water at any time without a red seal on your boat. e. LEAVING THE PROPERTY: We suggest not leaving the property without getting your boat sealed by one of HSC’s certified inspectors. It will be required for you to return onto the property. f. FISHING: No aquatic live bait are allowed. Artificial bait, lure, and fly only are allowed. Acceptable lure, fly, or jig should be made of materials such as wood, plastic, silicone, rubber, epoxy, glass, hair, metal, feathers, or fiber. Scented and salted plastic and rubber baits allowed. (Again, the dam is off limits so no fishing on the dam.) g. ANYTHING ENTERING THE WATER: ANS can be transported in the mud of your boots, in your bait box, in the water of your kayak, etc. Please do everything in your power to eliminate the chance of being the one who introduces ANS into Milton Reservoir. Remember, CLEAN, DRAIN, DRY, DISPOSE. (It takes 60 days dry to ensure ANS micro-organisms are killed.) 24. ALTERCATIONS: In the event of any alteration of any kind, those who are involved are subject to expulsion without recourse or refund. 25. DISCLOSURES: We are still a relatively new boat club. . Please be patient with us as we work through any bumps in the road. These rules and regulations may change as dictated by the landowner, county, state and federal governments. a. UNTAMED LAND: It is understood that the Premises consists of mostly undeveloped and untamed land. The member understands that its use involves inherently dangerous activities, and that there may be hazards (known and unknown, hidden and observable), including but not limited to, dangers such as holes, cracks or openings in the earth, fence wire, snakes, wells, swamps, brush and other growth, ponds, harmful plants, wild or venomous animals, snakes, insects, bats, unauthorized or careless persons on the land, hunters, or other risks that may be dangerous and cause injury and/or death and the member assumes all such risks as its own responsibility, without liability to or recourse against HSC or FRICO. b. WATER QUALITY: It is understood that the source of water in Milton Reservoir is largely from the South Platte River which also feeds the surrounding lakes such as Barr Lake. The member understands the water has not been treated and the water quality is dependent on its source. Poor water quality upstream will result in poor water quality in Milton Reservoir which may include but is not limited to algae, bacteria, high or low pH, or other substances that may be harmful to human or animal health. HSC in no way warrants the water quality in Milton Reservoir, nor can control it. Milton Reservoir typically experiences algae blooms in the summer, and there is nothing HSC can do to prevent it. For more information about the water quality at Milton Reservoir and ways to improve it, go to http://www.barr-milton.org. c. WATER LEVEL: HSC has absolutely no control of the water level in Milton Reservoir and in no way warrants the water level. The primary use of the reservoir is for irrigation so the water level will decrease throughout the season. The member fully understands his membership will not be prorated if the water level falls below skiable levels. In addition, as the water drops, hazards may become present that will result in prop strikes and other damage to your boat. Please report hazards as soon as possible so we can properly mark them. d. PERMITTING: We maintain special permits with the county and our rules are subject to change as required by governmental organizations. 26. DUES & Renewals: a. 2023 SEASON: For current members, a 50% deposit is required by October 15, 2022. 100% of the season dues are due by February 15th, 2023. New members are required to pay the season dues at the time of sign up. Failure to pay your deposit on time will result in you losing the first right of refusal to renew. Failure to pay your season dues on time will result in you losing your deposit. A late fee of $100 + $10/day may be applied to any member who does not pay their fees by the due date. If a payment is late a member may lose their seniority, their assigned camp/day spot and possibly their membership. b. REFUNDS: No money will be refunded or prorated at any time if your membership is terminated for any reason, or if a deposit is given and a member does not renew their membership, NO EXCEPTIONS. c. LAKE RENEWAL & SPOT ASSIGNMENTS: If a HSC Membership in good standing and invited to return at the end of the boating season, the Member shall have first chance at renewal of their Membership and assigned spot(s) for the following year, subject to approval by HSC. Payment of the Next Years Water Sports Membership will be as required. d. NSF CHARGES & FEES: If a Member has a check returned due to Non-Sufficient Funds (NSF) there will be a minimum fee of $100.00 charged to the Member. Good funds payment MUST be received by Member Services within 3 calendar days of Notice to the Member of said NSF on their dues payment. Failure to make payment to Member Services in this timeframe will result in immediate termination of the Membership. e. MEMBERSHIPAND CAMPING SPOT AVAILABILITY : If a membership is terminated voluntarily or involuntarily the said Members camping site will be available to the other members on a seniority basis. If no Members want to move, then Member Services will assign a new Member to the open spot. f. SUBLEASING/ASSIGNMENT: There is no subletting or reassignment of your membership, without written approval from HSC.. The membership is strictly for the members listed in this agreement. 27. LOSS OF PROPERTY ACCESS: Only members in good standing may access the property. If you have not turned in the necessary paperwork, you may not access the property. If your membership is suspended or on hold, you may not access the property. If your membership was terminated by HSC, you may never access the property again, even as a guest. If you receive a non-renewal notice, it will say if you are able to return to the property as a guest. 28. ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND ACKNOWLEDGMENT OF RULES RELATED TO USE OF MILTON RESERVOIR PROPERTY (“FULL RELEASE”) READ CAREFULLY BEFORE SIGNING. THIS FULL RELEASE IS AN ENFORCEABLE CONTRACT BETWEEN YOU AND HERITAGE SPORTING CLUB LLC. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. In consideration of being allowed to access and use, in any way, Milton Reservoir and the surrounding premises (collectively, the “Lake Property”), you acknowledge and agree as follows: a. POTENTIAL RISKS. USE OF THE LAKE PROPERTY INVOLVES RISKS. IT IS NOT POSSIBLE TO COMPILE A COMPLETE LISTING OF THE RISKS. HOWEVER, THEY INCLUDE THE POSSIBILITY THAT YOU MAY SUFFER SERIOUS, EVEN FATAL, INJURY OR ILLNESS. THE USE OF ALCOHOL MAY INCREASE YOUR RISKS. Known risks include: i. Rocks, roots, vegetation, steep slopes, and unstable soils may create tripping and slip and fall hazards. High fast-moving water, deep water, uncertain bottoms, ice and mud. ii. Weather is unpredictable and changes quickly. Lightning strikes, blizzards, heavy rain, drowning, hypothermia, hail, high winds, landslides, and wildfires are possible. Water may from time to time contain harmful bacteria or parasites. iii. Equipment at the Lake Property may break, fail, or malfunction. Hazardous material hidden in all areas of the property including underwater, docks, blinds, pits and club materials having faulty construction. There are no lifeguards at the Lake Property. There are no rescue vehicles or medical facilities at or near the Lake Property. There are no trained security personnel at the Lake Property. iv. The risk of injury from ammunition and being shot from hunters. v. Walking in rugged country, including encounters with wildlife, animals, insects, poisonous snakes and plants. Rattlesnakes are known to be on the property. vi. Physical stress. vii. Unclear property boundaries and it is the member’s responsibility not to trespass. b. YOU ASSUME ALL RISKS. YOU VOLUNTARILY, KNOWINGLY, AND FREELY ASSUME, AND TAKE FULL RESPONSIBILITY FOR ALL RISKS, KNOWN AND UNKNOWN, RELATED TO YOUR ACCESS TO AND USE OF THE LAKE PROPERTY. SUCH RISKS INCLUDE THE POSSIBILITY THAT HERITAGE SPORTING CLUB MAY BE NEGLIGENT, RESULTING IN INJURY TO YOU OR YOUR PROPERTY. c. YOU RELEASE ALL CLAIMS AGAINST THE LAKE OWNER AND OPERATOR. YOU, for yourself and your heirs, assigns, personal representatives, and next of kin, RELEASE, INDEMNIFY, AND HOLD HARMLESS the Lake Owner and Operator from any and all causes of action (including but not limited to negligence), claims, demands, losses, expenses (including attorneys’ fees and costs) and liability arising out of or related to any INJURY, DISABILITY, or DEATH that you may suffer, or loss of or damage to property (including theft by third parties), arising directly or indirectly from your access to or use of the Lake Property. d. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF ANY PERSON WHO IS YOUNGER THAN 18 (“CHILD”), YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS ON BEHALF OF YOUR CHILD AND YOUR CHILD’S HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND NEXT OF KIN IN THE SAME WAY AND TO THE SAME EXTENT AS YOU DID FOR YOURSELF IN SECTIONS 26a AND 26b. e. IF YOU CAUSE DAMAGE TO THE LAKE PROPERTY, YOU AGREE TO PAY FOR ITS REPAIR. If you, your guest (or, if you are a parent or legal guardian, your child) cause damage to the Lake Property (including equipment, natural features such as habitat, trees and water or fish), you agree that you will pay all costs and expenses associated with its repair or replacement (“Repair Costs”), including the costs of collection of the Repair Costs, which may include court costs and attorneys’ fees. f. THIS FULL RELEASE IS INTENDED TO PROTECT THE LAKE OWNER AND OPERATOR FROM LIABILITY FOR INJURIES TO YOU, YOUR CHILDREN, YOUR GUESTS AND YOUR PROPERTY TO THE MAXIMUM EXTENT ALLOWED BY COLORADO LAW. g. YOU ARE RESPONSIBLE. You are responsible for knowing and following all HSC’s rules and regulations. Access and use will be limited by club rules and procedures and can be revoked for non-compliance. All members and guests will obey state and federal hunting laws while on club properties. h. PHOTO & VIDEO RELEASE. I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration to Heritage Sporting Club and any of its related companies. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in social media and advertising within an unrestricted geographic area. By signing this release, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public setting. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. i. The undersigned has/have read this Full Release and understand its terms. This Full Release is executed freely and voluntarily, with full understanding that the undersigned is/are giving up substantial legal rights. By signing this release and acknowledgement form I agree I have read all pages and understand all rules and regulations including dues are 100% non-refundable and the primary member assumes ALL responsibility for themselves, their family and their guest(s). I acknowledge that I have read the above agreement and understand that I am bound by the terms thereof by placing my signature upon this hereon. Anyone under the age of 18 must include the name and signature of the parent/legal guardian. Anyone who signs on behalf of someone or as a legal guardian falsely assumes all liability on behalf of Heritage Sporting Club and FRICO, and agree to indemnify Heritage and FRICO to all costs associated.
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