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DISCLAIMER
Each property owner is kindly asked to read this Disclaimer page before registering with the Coalition. This Disclaimer page may be modified from time to time without notification. Information on this site is provided by property owners in your area who have volunteered to help organize fellow property owners in group mineral lease negotiations. In no case should the information on this site or in any other communication be construed as legal or professional advice. Although options may be presented along with opinions and potential benefits of certain choices, each property owner should conduct their own research and seek the advice of legal, financial or mortgage professionals before accepting or rejecting any lease offer.

The Hightower/WAMRA Consolidated Coalition (”Coalition”) shall be held harmless while working on the behalf of registered property owners to negotiate agreements with one or more energy companies and/or their agents regarding terms for mineral leases. It is the intent of the Coalition to negotiate the best agreement possible and present such proposal to registered homeowners for consideration. The Coalition does not recognize or assume any fiduciary responsibility or relationship to any property owner or entity, now or in the future.

The Coalition will work without personal compensation to coalition leaders and volunteers, but will seek reimbursement of expenses incurred in the operation of the coalition (including attorney costs) as part of the terms of a negotiated agreement.

The purpose of this website is to post information that may come to the attention of the Coalition that is deemed to be of possible interest to the Coalition community. The Coalition assumes no liability whatsoever for the accuracy, completeness, obsolescence or omission of any information on this website at any time. The Coalition will be held harmless for any actions, lost opportunities or any other losses based on information posted or omitted on this website. Each property owner is responsible for verifying the accuracy and completeness of any information published on this website before making any decisions.

Although the Coalition may make efforts from time to time to communicate directly with Coalition members via email, postal mail, telephone, RSS feeds, etc., such efforts are merely a courtesy of the Coalition, and not a responsibility or covenant of the Coalition. It is the responsibility of any given energy company and its associates to communicate directly with property owners any and all information relevant to a proposed or negotiated agreement, including but not limited to lease offers and terms, lease signing schedules, contact information, lease signing deadlines, lease offer terminations, and any and all related information. The Coalition cannot and will not be held responsible for whether a given member is “informed” of any given information at any given moment.

Registration does not obligate you to sign the lease that is negotiated and endorsed by the Coalition. You are free to negotiate your own agreement, if any, with any entity seeking to drill wells in the area. However our research indicates that negotiating as a group can be beneficial. Your registration indicates your interest in such drilling and group lease negotiations. Coalition members are free to terminate their membership with the Coalition at any time.

Mineral rights owners who choose to join the Coalition and also choose to decline to sign one or more direct lease offers from any entity, do so assuming several risks that include, but are not limited to:
1. the risk that the Coalition may be dissolved, divided or dysfunctional
2. the risk that the Coalition may not be capable of organizing mineral rights owners in the area, or to an extent that results in a critical mass of negotiating leverage
3. the risk that the Coalition may not be capable of creating a competitive environment by attracting the interest of multiple energy companies in leasing the Coalition area
4. the risk that the Coalition may not be capable of negotiating a group lease
5. the risk that one or more energy companies who have made direct mineral lease offers to the owner may choose to withdraw from negotiations with the Coalition, leaving the mineral rights owner with only a direct lease offer which they had previously chosen to decline
6. the risk that one or more energy companies who have made direct mineral lease offers to the owner (which the mineral rights owner has chosen to decline) may choose to withdraw any and all offers while also withdrawing from negotiations with the Coalition, leaving the mineral rights owner with no mineral lease offer
7. the risk that the lease terms that may be eventually negotiated by the Coalition may not sufficiently improve upon the best direct offer made by an energy company, and that the negotiations may not be concluded in a sufficiently timely manner, to have been (in the judgment of the Coalition member) worth holding out for (i.e., worth the assumption of all other risks)
8. the risk that some (perhaps many) Coalition members may choose at some point to no longer assume the above risks (even at a late stage in the negotiation process) and break ranks with the Coalition, diluting the Coalition’s negotiating leverage and the attractiveness of the Coalition to energy companies
9. the risk that the Coalition may have been able to negotiate more favorable terms (in the judgment of the Coalition member) had the Coalition a) chosen to reach a negotiated agreement in a more timely manner (not continuing beyond the point of diminishing returns in the negotiations), or b) chosen to reach a negotiated agreement in a less timely manner (not settling before reaching the point of diminishing returns in the negotiations)
10. the risk that a competing energy company may offer better lease terms (in the judgment of the Coalition member) to mineral rights owners in the Coalition area after the Coalition member has signed the endorsed lease

The Coalition will not be responsible for any losses, at any time, related to the above risks or any other risks, as a result of the decision of a property owner to register or not register with the Coalition, or to sign or not sign a lease endorsed by the Coalition. Property owners who have already signed a lease may register with the Coalition, however the Coalition makes no representation that it will in fact be able to negotiate on their behalf or include them in a future negotiated group lease agreement.

The Coalition makes no representation that it can or will contact every mineral rights owner in the Coalition area to make them aware of the existence of the Coalition or of a negotiated lease agreement. The boundaries of the coalition as described on the coalition website are not definitive and may expand or contract before a final Agreement is reached with an energy company which will include a final map defining the coalition boundaries. The final area map will be posted on the coalition website once a formal agreement is announced, and will be the geographic basis for determining which mineral rights owners qualify for the negotiated lease, subject to other provisions in the Agreement.

The Coalition will not represent or support a member in the case of a dispute over mineral rights ownership. The Coalition exists solely to organize, and negotiate on behalf of, the legally recognized mineral rights owners in Coalition area. If a Coalition property owner discovers that another entity has made a claim of ownership to their mineral rights, it is the responsibility of the property owner to choose to dispute such a claim. The Coalition will not be party to such a dispute. The Coalition is neutral regarding who owns mineral rights in the area, and exists to negotiate on behalf of the legal mineral rights owner as recognized by the State of Texas. The Coalition does not exist to ensure that a registered property owner owns their mineral rights. The Coalition will welcome membership of an any entity that claims ownership of mineral rights in the coalition area, even if that claim is disputed by another party.

The Coalition will not represent a member in the case of a dispute over the calculation of lot size. If the member disagrees with the lot size calculation for their lease, the member is responsible for filing an appeal according to the terms of the agreement, and for any related costs.

The Coalition may engage an attorney whose role is to provide general counsel to the leadership of the Coalition, assist in the development of a proposed lease, and actively represent the Coalition in lease negotiations. The Coalition makes no guarantee of the effectiveness of the attorney in accomplishing the goals of the Coalition. The Coalition attorney will not be authorized to provide individual legal services to coalition members. Members may choose to engage the Coalition attorney (or their law firm) to provide private legal services, but only to the extent that such services do not create a conflict of interest with the primary role of the Coalition attorney. Any such engagements and related costs are the sole responsibility of the individual(s).

Each mineral rights owner who chooses to sign the negotiated lease is responsible for ensuring that the lease they are signing is in fact an accurate representation of the lease that was endorsed by the Coalition, containing all language and terms negotiated by the Coalition.

Some proposed drill sites may be closer to certain homes and businesses than the setback limits specified in the mineral lease and in city ordinances. In such cases, the energy company may request selected property owners to agree to a setback waiver, effectively giving the energy company permission to operate a drill site near their property in return for some amount of additional compensation. The impact of drill site locations on properties in close proximity to a proposed drill site and the execution of setback waivers are private matters between the affected property owners and the energy company, and the coalition will not represent affected property owners in setback negotiations or disputes.

(Used with the courtesy and permissions of the 360 Northwest Coaltion)

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