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In consideration of the Skeetchestn Indian Band allowing the applicant (the “Permittee”) listed on the Sparks Lake Fire Morel Harvest Permit Application to which these Terms & Conditions are attached (the “Application” and collectively the “Permit”) performing the Activities (as defined below), allowing the Permittee temporary access to the Sparks Lake Fire Area which lies entirely in the Secwepemc Territory as is shown on the Sparks Lake Fire Map Package (the “Map”) attached to this Permit for such purpose, providing the Permittee with sanitation services, and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Permittee agrees as follows.
1. The Release, Indemnity and Promise Not to Sue set out in this section “A” apply to all Permittees regardless of whether they are authorized as a Buyer or a Harvester on the Application.
2. Permittee accepts full responsibility for any activity authorized under this Permit (the “Activities”) and RELEASES AND FOREVER DISCHARGES the Skeetchestn Indian Band (Skeetchestn Natural Resources LLP) and their respective Councillors, directors, officers, employees and agents (the “Protected Parties”) and the Province of British Columbia from any and all liability for any loss, damage, expense, claim or injury of any nature or kind arising out of or in connection with the Activities.
3. Permittee will INDEMNIFY, DEFEND AND SAVE HARMLESS the Protected Parties from all liability, damages, costs, expenses and claims of any kind arising out of or in connection with the Activities.
4. Permittee agrees that he/she WILL NOT TAKE OR CONTINUE ANY LEGAL ACTION AGAINST ANY PERSON in respect of anything released or indemnified under this Permit that may result in a claim or proceeding against any of the Protected Parties. If any such claim or proceeding exists, then the Permittee will DISCONTINUE OR ABANDON such claim or proceeding immediately.
5. The General Terms and Conditions set out in this section “B” apply to all Permittees regardless of whether they are authorized as a Buyer or a Harvester on the Application.
6. Permittee must obey all applicable laws and regulations, including Secwepemc, federal, provincial, and local laws regarding fire prevention and control, or any other matter.
7. With the purchase of this permit, the Permittee falls under Skeetchestn Indian Band’s Provincial Motor Vehicle Closure Exemption and will be granted access by Skeetchestn Indian Band into the Sparks Lake Fire Motor Vehicle Closure Area.
8. Permittee must ensure that any campfire is safely and responsibly conducted and extinguished in accordance with the Wildfire Regulation, BC Reg 38/2005. Permittee shall not burn garbage and materials containing nails, staples, other sharp objects or noncombustible items such as glass, foil or cans.
9. This Permit must be in the Permittee's vehicle that he/she is operating from and clearly displayed on dash.
10. Permittee shall not cause any motorized vehicles to travel off existing roads.
11. Permittee parking shall not block traffic or impede fire or emergency vehicles.
12. Permittee shall remove all trash and litter resulting from the Activities. Permittee shall pack all garbage, food, etc. out of the woods and dispose refuse in approved receptacles. Permittee must store all food and bear attractants inside bear proof containers or in a secure vehicle at all times. [YYYY-MM-DD – ID - Permit # of day] All personal data collected will be kept confidential, shared only in the event of an emergency involving the Permittee, and only with the relevant authorities (Search and Rescue, RCMP, next of kin).
13. Permittee shall not damage vegetation, put nails in trees, cut live trees, or cause any other disturbance to the natural environment.
14. Permittee shall pay for or repair all damage to natural features; riparian areas; other vegetation; and roads, trails, fences, ditches, telephone lines, or other natural (living) and industrial infrastructure resulting from the Activities.
15. The Skeetchestn Indian Band and the Province of British Columbia reserves the right to unilaterally revoke this Permit for Permittee's non-compliance with its terms and conditions or when revocation is in the public's interest. Violations of conditions of this Permit can result in the cancellation of Permit and/or legal action.
16. This Permit will terminate at midnight on the Permit End Date indicated on the Application (the “Permit End Date”).
17. In the event of a missing person in the Sparks Lake Fire Area, the Permittee must cease all harvesting and field work until the missing person has been located, in order to prevent disruption of search and rescue efforts.
18. Only those Permittees who are authorized as a Buyer on the Application may buy from Harvesters and remove morel mushrooms from the Sparks Lake Fire Area.
19. Only those Permittees who are authorized as a Harvester on the Application may harvest and remove morel mushrooms from the Sparks Lake Fire Area.
20. Only those Permittees who are authorized to camp within Sparks Lake Fire Area on the Application may camp within Sparks Lake Fire Area.
21. When traveling to, from or in the Sparks Lake Fire Area the Permittee must use ashtrays to extinguish cigarettes and must only dispose of extinguished cigarettes in approved receptacles.
22. Subject to sections 40 and 41 of this Permit, Permittee shall ensure that all human waste is disposed of at least 300 feet from any stream, lake, or other body of water or any, facility, or special use permit area and is buried at least eight (8) inches deep.
23. Permittee shall not use Provincial Recreational sites for any purpose while conducting morel mushroom business.
24. In the event that the Permittee discovers any archaeological material, site or anything else that may be of archaeological significance (the “Archaeological Discovery”) the Permittee agrees to:
(a) take all reasonable steps and precautions to minimize the disturbance of the Archaeological Discovery;
(b) take all reasonable steps to safeguard the Archaeological Discovery from damage or further disturbance; and
(c) immediately notify Skeetchestn Indian Band Office as to the location of the Archaeological Discovery and follow the Skeetchestn Natural Resources Chance Find Procedure document included in the Harvester Orientation Guide.
25. Permittee agrees to adhere to the Mushroom Harvesting Best Practices attached to this Permit.
26. None of the terms or conditions of this Permit may be varied or modified, except for unilateral modifications by the Skeetchestn Indian Band. Notice of any such modifications will be posted in a conspicuous area within the Sparks Lake Fire Area and mailed to the Permittee at the address provided on the Application.
27. All Permittees must be 18 years of age or older and persons under the age of 18 must be accompanied by a legal guardian and a Permittee. 28. This Permit is non-transferable.
29. The Buyer Terms and Conditions in this section “C” apply only to those Permittees who are authorized as a Buyer on the Application.
30. Subject to, and in strict compliance with, this Permit, the Permittee is hereby authorized to only buy from Harvesters and remove morel mushrooms from the Sparks Lake Fire Area which lies entirely in the Secwepemc Territory and is shown on the Map. Any person associated with harvesting and/or buying morel mushrooms in the Sparks Lake fire is required to purchase a permit through Skeetchestn Indian Band.
31. Permittee Buying Stations must be located within the designated Buying Station Area(s) detailed on the Map.
32. Permittee must only buy from Harvesters with an authorized Buying Permit within the designated Buying Station Area(s).
33. The Harvester Terms and Conditions in this section “D” apply only to those Permittees who are authorized as a Harvester on the Application.
34. Subject to, and in strict compliance with, this Permit, the Permittee is hereby authorized to harvest and remove morel mushrooms from the Sparks Lake Fire Area which lies entirely in the Secwepemc Territory and is shown on the Map.
35. The Permittee must not rake or otherwise disturb the ground when harvesting and conducting field work.
36. The Permittee must have a navigational tool while harvesting and conducting field work. A navigational tool is a GPS unit, or smartphone/tablet, or a geographical referenced map included in the Harvesting Orientation Guide and compass.
37. Harvesting and conducting field work is permitted only in the area(s) indicated on the Map.
38. The Camping Terms and Conditions in this section “E” apply only to Permittees who are authorized to camp within the Sparks Lake Fire Area on the Application.
39. Permittee is hereby authorized to camp within the Designated Campsites detailed on the Map.
40. While at Designated Campsites the Permittee shall ensure that all human waste is disposed of using the portable toilets provided, unless the Permittee has a self-contained toilet.
41. If the Permittee has a self-contained toilet, their contents must be properly disposed of off the Secwepemc Territory at an approved sanitation dump in accordance with applicable health standards.
42. All campsites must be kept in a clean, orderly, and bear safe condition. 43. Permittee may camp on the Secwepemc Territory up to the Permit End Date and Permittee agrees to a campsite inspection at Permit End Date
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