The following individuals have agreed to the conditions and rules listed in the document below:
{Name (First):1.3} {Name (Last):1.6}
{Additional Family Members:3}
RECREATIONAL USE AUTHORIZATION
Freeport-McMoRan Sierrita Inc. (“Sierrita”) owns certain mining and agricultural property in Pima
County, Arizona in Sections 9, 16, 21, 22 and 28 in Township 18 South, Range 13 East (commonly referred
to as the West Desert Trails area and hereafter the “Premises”) and hereby authorizes individuals who
acknowledge and accept the general conditions and specific rules set forth below (hereafter “User”) to
access its Premises on a non-exclusive, revocable basis for recreational purposes limited to hiking,
non-motorized trail riding and related outdoor recreational pursuits (e.g., photography, bird watching,
sightseeing) (the “Permitted Use”).
GENERAL CONDITIONS
1. Compliance with Specific Rules and Laws. Users shall comply with the specific rules set forth
on Exhibit “A” (the “Specific Rules”) and all federal, state and local laws, statutes, rules, ordinances,
codes and regulations including, but not limited to those relating to environmental protection, public
health and safety, nuisance or menace.
2. Premises Availability and Condition. Sierrita makes no covenants, representations or warranties
as to the ongoing availability or suitability of the Premises or as to the physical condition thereof for any
purpose whatsoever. Sierrita does not maintain the Premises for recreational use and has made no
recreation-related improvements to the Premises. User acknowledges:
a. that he/she has observed the characteristics and existing conditions on the Premises, and
hereby waives any and all objections to or claims with respect to any and all physical
characteristics and existing conditions, including, without limitation, any hazardous conditions,
wildlife and/or livestock, materials, or substances in, on, at, around, or beneath the Premises; and
b. that he/she agrees to accept the Premises in its present “AS IS” “WHERE IS” condition and
with any and all faults; and
c. that he/she hereby assumes the risk that adverse, present or future physical characteristics and
conditions may not have been revealed by its inspection or observation of the Premises; and
d. that use of the Premises will be UNSUPERVISED, and that the Premises will not be
regularly patrolled, and that third-party activity on the Premises may be illegal or dangerous; and
e. the Premises is subject to third-party grazing lease and will be utilized by livestock.
3. Hazards. Various hazards may exist on the Premises, including but not limited to, vehicle traffic,
heavy equipment, electric lines and machinery, large dirt mounds, wash crossings that may flood, steep
grades, livestock, wildlife (snakes, insects, etc.), illicit activity associated with illegal border crossings,
discharge of firearms and other patent and latent hazards. Users should exercise extreme caution when
accessing and utilizing the Premises.
4. Release and Indemnity. User agrees to release, indemnify, defend, protect and hold Sierrita and
its past, present and future corporate parents, subsidiaries and affiliates, and each of their past, present
and future officers, directors, shareholders, employees, agents, lessees, contractors and each of their
respective successors and assigns (collectively the “Indemnitees”) harmless from and against any and all
loss, damages, liability or claims which may be imposed upon, incurred by, or asserted against Sierrita
or any Indemnitee by reason of any accident, injury or damage to any person or property occurring on or
about the Premises resulting from use of the Premises.
5. No Interest In Real Property. Nothing herein shall create or constitute a grant by Sierrita to User
of any real property or other interest in the Premises or in any appurtenance thereto. The use of the
Premises is permissive in nature and subject to the terms and conditions set forth herein.
6. Reporting and Emergencies. If a User witnesses an activity on the Premises that is in violation
of these General Conditions or the Specific Rules, User agrees to report the activity to Sierrita using the
following contact information: 520-393-4426 or wd.trails@fmi.com. The Sierrita phone number will receive messages only and WILL NOT be monitored on a constant basis.
ALL EMERGENCIES SHOULD BE REPORTED TO 911 AND ANY ILLEGAL ACTIVITIES SHOULD BE REPORTED TO THE APPROPRIATE AUTHORITIES.
7. Governing Law. This authorization will be executed and delivered in and shall be governed by
and construed in accordance the substantive laws and judicial decisions of the State of Arizona and is
intended by the parties hereto to provide Sierrita the protections from liability available to it under
A.R.S. § 33-1551.
Exhibit “A”
SPECIFIC RULES
A. Unless otherwise subject to periodic closure by Sierrita, the Premises are available
for the Permitted Uses between sunrise and sunset, seven days a week.
B. Access to the Premises shall be at designated locations. While on the Premises,
Users shall remain on established roads and trails at all times.
C. The use and/or parking of motorized vehicles by User is prohibited.
D. Firearms, other weapons, smoking, alcohol and drug use on the Premises by Users
are strictly prohibited.
E. Camping is not allowed on the Premises and fire of any kind is prohibited.
F. Sierrita shall not be responsible for any road or trail improvements or
maintenance of any kind.
G. Users shall not litter or dispose of any garbage or waste on the Premises.
H. Users shall not damage or destroy any vegetation, building, roads/trails, wellhead,
pipeline, fence, gate, cultural resource, or other improvement located on the
Premises and shall use every precaution to protect the Premises from fire or other
damage.
I. If any User directly or indirectly causes any damage to the Premises, the User
shall be responsible for repairing the damage at their own expense. Sierrita will not be
responsible for any damage or loss to User’s personal property resulting from User’s use
of, or presence on, the Premises.
J. No User may remove, release, harm, hunt, chase, harass or kill any livestock,
other animal or plant (including cactus) on the Premises without the prior written
permission of Sierrita. Users will not harm any wildlife or damage any wildlife habitat.
K. Sierrita reserves the following rights:
1. To exclude any person from the Premises for conduct, which in Sierrita’s
sole and absolute discretion is in violation of these rules or other terms and conditions of
the User authorization; and
2. To curtail, suspend or prohibit User access to the Premises at any time and
for any reason, including but not limited to, use of the property for any industrial,
agricultural or conservation related activity, fire danger or protection of plant and/or
wildlife species.
3. To modify the General Conditions and Specific Rules.
*This permit was issued on 02/02/2023. All permits expire 2yr after issue date.