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Old 07-06-2017, 10:39 PM
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Default Need Help With Agreement

Hi, all. I have an unusual situation. I had someone respond to my ad, saying that they were told by a family member that they have gold coins buried somewhere on their property, and they would like me to find those coins.

I'd like to put together a little document that is some sort of sliding scale on finds (greater the value = the lower percentage for me), and also has wording that releases liability should I get hurt on their property. Does anyone else use something like this that they would be willing to share with me?

The good natured says to just be thankful for the opportunity and anything they might be willing to let me keep, but the in me wants the treasure all to himself. Help, I need a compromise!



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Old 07-09-2017, 06:54 PM
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Originally Posted by Diggum View post
?..and also has wording that releases liability should I get hurt on their property. Does anyone else use something like this that they would be willing to share with me?
Congrats on scoring a unique opportunity, Diggum! Should be great fun - hopefully you can find a compromise that's fair for both sides in case you're able to find anything of significant value. I'm afraid I don't have the experience to help out with a suggestion there, but I have had the opportunity to use a liability waiver for a permission site. I just used the form that I found here:

http://www.metaldetectingworld.com/m...ssion_form.pdf

The legalese seemed sufficient to cover all the bases, and the property owner was pleased enough to grant permission using it. Would it stand up it court? That I don't know

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Old 07-09-2017, 07:22 PM
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Yeah good score on that opportunity. But if you already have the go ahead to hunt it then it would seem you don't need any kind of contract like that. Contrary to popular belief , those contracts are not necessarily legally binding anyway. Any agreement of this sort , even if documented on paper , can be revoked at any time by the land owner. And any release of liability can still be challenged in court and over ruled.

But often what happens once you introduce papers or contracts and mention words like liability is that you begin to wear out your welcome , the land owner starts feeling uneasy about the agreement.....which is something that may be avoided simply by not bringing anything like that up. You already have the go ahead on what could be a great opportunity , if I were you I wouldn't take a chance on possibly blowing it with agreement and contract talk. Get out there and start searching before they change their mind

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Old 07-10-2017, 12:19 AM
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Thank you, guys. I tend to agree that maybe an agreement in writing might cool a permission. It would be great to have it on hand, though, in case someone would like one (or offer it if asking permission and someone seems to be on the fence or liability is the deal breaker).

Appreciate the link to the waiver, AirmetTango!



PS The land owner has been hard to get hold of, and has yet to give me his address. I'm no longer holding my breath on this one.

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Old 07-10-2017, 12:45 AM
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Okay, they want their gold coins, so they will give you permission to hunt--so, here is the problem: you want to be compensated proportionately for whatever you find. In my opinion, and I'm only a lay person, not an attorney, you need an iron clad contract, put together by your attorney. It should absolutely spell out exactly how you will be compensated, and exactly how much you will be compensated. Don't be shy about this, they are wanting you to do all the work--so you will deserve compensation. Discuss this all with an honest lawyer that you trust 100%, and get it all figured out before you talk to the landowner. If the landowner is not agreeable to your terms, then negotiate with him/her, but be sure to get a signed and notarized contract that spells out everything exactly before you get started, because after you locate and dig up the treasure is too late. GL, and may you live long and prosper!

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  #6  
Old 07-10-2017, 01:49 AM
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Originally Posted by Diggum View post
Thank you, guys. I tend to agree that maybe an agreement in writing might cool a permission. It would be great to have it on hand, though, in case someone would like one (or offer it if asking permission and someone seems to be on the fence or liability is the deal breaker).

Appreciate the link to the waiver, AirmetTango!



PS The land owner has been hard to get hold of, and has yet to give me his address. I'm no longer holding my breath on this one.
No problem on the link! And yes, I agree, in most cases bringing up written contracts can very easily and quickly turn someone off, especially when it comes to liability. I've never brought up liability myself, but keep the form available in case the property owner brings it up as a concern. And I've been surprised how often property owners mention it - in fact, on my very first door knock, it was the owner's first concern!

For an average door knock, I don't even think about a written contract for divvying up the finds. But in this particular case, I tend to agree with Crackjack. Since you've been approached by someone to do the hunt, and there's a reasonable expectation that something valuable might be found, both sides should want a contract for the protection it provides.

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  #7  
Old 07-10-2017, 03:39 PM
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Originally Posted by Diggum View post
Hi, all. I have an unusual situation. I had someone respond to my ad, saying that they were told by a family member that they have gold coins buried somewhere on their property, and they would like me to find those coins.

I'd like to put together a little document that is some sort of sliding scale on finds (greater the value = the lower percentage for me), and also has wording that releases liability should I get hurt on their property. Does anyone else use something like this that they would be willing to share with me?

The good natured says to just be thankful for the opportunity and anything they might be willing to let me keep, but the in me wants the treasure all to himself. Help, I need a compromise!



How does your add read ?
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  #8  
Old 08-08-2017, 09:59 PM
jimhenry jimhenry is offline
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I agree with this. Many times in my work career I have drafted agreements that I thought would be helpful and necessary. When they were run by our corporate lawyers the response was always: "Go ahead with it if you wish, but it won't mean a thing in court."


Originally Posted by ohiochris View post
Yeah good score on that opportunity. But if you already have the go ahead to hunt it then it would seem you don't need any kind of contract like that. Contrary to popular belief , those contracts are not necessarily legally binding anyway. Any agreement of this sort , even if documented on paper , can be revoked at any time by the land owner. And any release of liability can still be challenged in court and over ruled.

But often what happens once you introduce papers or contracts and mention words like liability is that you begin to wear out your welcome , the land owner starts feeling uneasy about the agreement.....which is something that may be avoided simply by not bringing anything like that up. You already have the go ahead on what could be a great opportunity , if I were you I wouldn't take a chance on possibly blowing it with agreement and contract talk. Get out there and start searching before they change their mind
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