Question About Cache On Private Property

[+ATMA]

We are interested in placing a cache on private property. This private property happens to be a business. There is a lot of land with great places for a hide.

The owner has granted permission for the cache placement.

Reading through the rules, it says something about no cache can be approved on land where items, products or services are sold.

Quote:

Commercial caches attempt to use the Geocaching.com web site cache reporting tool directly or indirectly (intentionally or non-intentionally) to solicit customers through a Geocaching.com listing. These are NOT permitted. Examples include for-profit locations that require an entrance fee, or locations that sell products or services.

Can someone that truly understands this take a guess at whether it is worth trying to get approved? Nobody would be encouraged to buy anything, etc. This would just be a cache placed on private property where no entry fees are charged and all of that.

Thanks for help.

[+TeamAO]

Examples include for-profit locations that require an entrance fee, or locations that sell products or services.

 

If it's just property, and not a building where you must buy an ice cream cone to get the coordinates, then it's fine.

 

The game commission sells hunting licences, and people place caches on stage gamelands which is owned and managed by the game commission. Those aren't considered "commercial" caches.

 

By the description above I see the area in no direct violation of that clause.

[+ATMA]

Thanks so much for a nice and informative reply. I appreciate the example and it helps me understand.

This place is about 125 acres with a business on it. Very wooded and will be perfect for a hide location. There is no requirement for a cacher to even enter the building much less buy something unless they spot the soft drink or chip machine that is there. Anything they buy, if they even enter the building at all will be up to them.

We will go ahead and set things up and see what happens.

Thanks again.

[+briansnat]

This should be fine, unless your cache page mentions the business in a manner that makes it look like an ad.

[+Yamahammer]

It's the ole, "Don't ask - Don't tell" theory.

 

[+IV_Warrior]

Do a search for "wally" and other variations on "Wal-Mart" and the other "big box" stores, (Target, K-mart, etc) and you'll find quite a few caches placed in their parking lots. The key is to NOT make the cache page read like an advertisement for the business, and NOT require cachers to enter the building.

[+Chuy!]

From the website's Guide to Creating and Hiding a Cache

"Will it be on private or public land? - If you place it on private land, please ask permission before putting" it there! "

 

In the Cache Listing Requirements/Guidelines

"By submitting a cache listing, you assure us that you have adequate permission to hide your cache in the selected location."

 

Technically, caches placed on public accessed private property (i.e. Walmart parking lots) violate the guidelines as the property is open to the public conducting business (i.e. shopping) with the store; generally, caching is not an acceptable business activity. In other words, you'd be tresspassing if you enter the property solely to cache.

Edited November 9, 2005 by Chuy

[+Prime Suspect]

From the website's Guide to Creating and Hiding a Cache

"Will it be on private or public land? - If you place it on private land, please ask permission before putting" it there! "

 

In the Cache Listing Requirements/Guidelines

"By submitting a cache listing, you assure us that you have adequate permission to hide your cache in the selected location."

 

Technically, caches placed on public accessed private property (i.e. Walmart parking lots) violate the guidelines as the property is open to the public conducting business (i.e. shopping) with the store; generally, caching is not an acceptable business activity. In other words, you'd be tresspassing if you enter the property solely to cache.

He has permission. Trespassing is not an issue here.

 

IV hit it on head with "The key is to NOT make the cache page read like an advertisement for the business, and NOT require cachers to enter the building."

[+ATMA]

Thanks all for your input on this matter.

We do have full permission to place the cache, a good thing and the cache doesnt promote the business at all. I will be sure that doesnt happen.

Now to get it placed and approved.

[+ATMA]

Oh yea, one more question. I have looked through the rules and all for a form that the land owner would sign, a permission form, and found nothing. Is there such a thing or is a verbal OK good enough?

Edited November 9, 2005 by ATMA

[+TotemLake]

Good question.

 

Some folks go with a verbal, others will gain a written. It also depends upon the land management policy of what will be required i.e. permits. Indicate in your notes to the reviewer you have the owner's verbal OK. They'll let you know if you will need more than that.

[+briansnat]

Oh yea, one more question. I have looked through the rules and all for a form that the land owner would sign, a permission form, and found nothing. Is there such a thing or is a verbal OK good enough?

Verbal is OK in most instances. The reviewers have to take your word sometimes. In some places that require permits, they do ask for a permit number.

[+Chuy!]

Oh yea, one more question. I have looked through the rules and all for a form that the land owner would sign, a permission form, and found nothing. Is there such a thing or is a verbal OK good enough?

If I were a land owner and someone approached me with something to sign, I would be very hesitant, and probably not sign it. Its the liability thing. It may sound trivial to us, but his perspective may differ.

[+ATMA]

Oh yea, one more question. I have looked through the rules and all for a form that the land owner would sign, a permission form, and found nothing. Is there such a thing or is a verbal OK good enough?

If I were a land owner and someone approached me with something to sign, I would be very hesitant, and probably not sign it. Its the liability thing. It may sound trivial to us, but his perspective may differ.

I know what you mean about spooking a land owner and agree that this could do it. I am just wondering if the cache approver would require some written form to approve it. There isnt a problem with the land owner. They will sign what I give them if a form is mandatory for cache approval but it doesnt seem as though it is. I just dont want to wrench the approvers gears and cause them extra work during the review process.

Sounds like this is a go from here. Thanks again.

[+IV_Warrior]

I am just wondering if the cache approver would require some written form to approve it. There isnt a problem with the land owner. They will sign what I give them if a form is mandatory for cache approval but it doesnt seem as though it is. I just dont want to wrench the approvers gears and cause them extra work during the review process.

Sounds like this is a go from here. Thanks again.

Unless they have some good reason to doubt you, the reviewers generally assume you have permission for your hide. From the guidelines:

 

By submitting a cache listing, you assure us that you have adequate permission to hide your cache in the selected location.

 

The exception to this would be in places that require permits, then the reviewer would generally ask for a permit number or something to ensure you have the proper permit. Of course, this wouldn't apply in this particular case.