Developing a Hunting Lease: Considerations, Options, and Realities

GREG K. YARROW; Associate Professor of Wildlife; Aquaculture, Fisheries and Wildlife Department; G08 Lehotsky Hall; Clemson University, Clemson, SC 29634.

Abstract: Recreational hunting leases have become an important source of supplemental income for forest and farm owners in the Southern U.S. As hunting leases are being considered by landowners in other regions of the U.S., it is essential that these landowners have an understanding of hunting leases. Specifically, landowners should understand what a hunting lease is, the importance of developing a hunting lease agreement, guidelines for developing an effective lease agreement, as well as key components to include in a hunting lease agreement. Example hunting lease agreements can provide a framework for landowners interesting in developing their own hunting lease program. Well thought out hunting leases can protect both the interest of landowners and sportsmen leading to an enjoyable and profitable relationship.

Keywords: hunting leases, guidelines, written lease agreements

This paper was part of the following proceedings that can be ordered by clicking on the reference. Kays, J. S., G. R. Goff, P. J. Smallidge, W. N. Grafton, & J. A. Parkhurst. (Eds.). (1998). Natural Resources Income Opportunities for Private Lands - Proceedings of the Conference. College Park, MD: University of Maryland, College Park (UMCP), Maryland Cooperative Extension(MCE). 275 pp.

TYPES OF HUNTING LEASES

A hunting lease is an agreement between the landowner (lessor) and sportsmen (lessee) which grants sportsmen access rights for hunting game animals (and other specified activities) on the landowner's property for a certain time period. Sportsmen usually pay the landowner some dollar amount per acre or per hunter, or the landowner may require sportsmen to perform some service for the landowner in exchange for hunting access. Some common types of hunting leases included the following:

Long-term:

• Seasonal lease, all game animals;
• Seasonal lease, specified game animals;
• Annual or multi-year lease, all game animals (most popular); and
• Annual or multi-year lease, specified game animals;

Short-term:

• Daily or weekly hunting, often by permits.

The most common types of hunting leases are long-term. Landowners under this leasing system provide a hunter (or group of hunters) the privilege of hunting the land for a hunting season, an entire year, or for several consecutive years. Most often these leases allow harvesting of all game species during their respective seasons and fees are assessed on a per-acre or lump sum basis. Under this type of lease landowners often reserve some hunting rights for themselves and their immediate family. These leases often include other activities such as preseason scouting, camping, and fishing. Long-term hunting leases usually result in better sportsmen-landowner relationships because the landowner gets to know the hunter(s) personally which helps to build a degree of trust over time. This type of arrangement is often renewed for multiple years which helps the landowner project future income. Sportsmen are often more willing to make time, labor and financial investments in leased property that is secure for several years into the future.

Some landowners may also choose to lease access rights only for hunting certain game species. Under this system, a landowner may lease out the hunting rights for several game species to different sportsmen's groups. This system works best when access rights granted to different groups do not overlap during the same time of year, such as fall deer hunting and spring turkey season.

Short-term leases may be on a per-day, weekend, or week-long basis. Landowners under this arrangement allow access for a specified time period and generally for a specific wildlife species. The tradition of dove hunting (in the South) is an example of this type of lease. Often these types of hunts come in a "package," which includes guides, lodging and meals. This type of hunting experience requires intensive management and marketing to be successful, but often yields a high rate of return.

Hunting leases are most often arranged by sportsmen who directly contact landowners interested in leasing their lands for hunting. In some cases, however, a broker may act as a liaison to secure the hunting rights from landowners. Brokers will actually do all the leg work such as advertising hunting lease opportunities and dealing directly with sportsmen. This saves the landowner time and the inconvenience of seeking responsible sportsmen to lease their lands. Where land ownerships are small, brokers can also work to secure hunting rights from adjoining tracts to form a larger cooperative block that is more desirable for leasing. Brokers may also provide additional amenities to sportsmen such as room and board, transportation, guide service, dogs, and game cleaning.

Before beginning a hunting lease program landowners should also recognize the advantages and disadvantages of leasing their lands for hunting. Some of the advantages and disadvantages are listed below:

Advantage of Leasing

• Additional income
• In-kind labor assistance from sportsmen
• Better access control on land
• Fellowship
• Increased recreational opportunities
• Enhanced quality of hunting experience
• Complements forestry & agriculture operations
• Benefits local economy

Disadvantages of Leasing

• Liability concerns
• Increase in landowner time
• Sportsmen possibly present at inopportune times
• Complaints from neighbors & locals
• Requires investment in habitat management

THE HUNTING LEASE AGREEMENT

Today almost all hunting leases are, and should be, finalized with a written agreement. The written agreement serves as a contract that protects agreed upon rights of sportsmen and landowners. The importance of a well-thought out written lease agreement cannot be overemphazied since it forms the foundation for a successful hunting lease program. Many of the conflicts that arise between hunters and landowners can be prevented and a good relationship maintained by having a written lease. Effective hunting lease agreements protect the interest of the landowner, but are flexible enough to allow enjoyment of the property for hunting by sportsmen. Several examples of hunting lease agreements are given in Tables 1 and 2.

The following are considerations and suggestions to consider when developing a lease agreement that should be helpful to landowners who are considering a hunting lease program:

Considerations

1. References- Landowners who are unfamiliar with sportsmen or sportsmen groups should not hesitate to ask for references. References may be from landowners who leased to sportsmen in the past, conservation officers, or key community leaders.

2. Organized Sportsmen - Hunting clubs should be organized, governed by self-regulating bylaws, and have a contact person.

3. Lease to Local Sportsmen - Local sportsmen usually are more visible and can spend more time on the property providing greater protection and property improvements. This is a positive public relations effort that eliminates the potential for local resentment caused by leasing to "outsiders." Lease income may not be as great from local sportsmen as compared to others, but the intangible benefits are greater.

4. Proof of Liability Insurance - Sportsmen should pay for liability insurance (with the landowner listed on the policy) and provide proof of coverage by giving the landowner a copy of the insurance policy and receipt of purchase. This helps to transfer a large portion of liability to sportsmen. Landowners should also make sure that policies cannot be canceled. Requirements for liability insurance may be written into the lease agreement.

5. Establish Open Communications - An open channel of communications prevents potential misunderstanding between landowners and sportsmen.

6. Annual Meeting - Landowners should meet with sportsmen annually to discuss concerns or modifications to the lease agreement. At the annual meeting (preferably in the summer) landowners should also inform sportsmen about any major land management practices that will significantly alter the hunting habitat (e.g. a clearcut in an area where hunting stands are or will be erected). This will prevent future misunderstandings and conflicts.

7. Restrict Number of Hunters - For safety and enjoyment, the number of hunters should be restricted. As an example, for deer a hunter per /25 acres, for turkey a hunter per 200 acres, and waterfowl a hunter per 100 acres of waterfowl habitat.

8. Incorporation - Hunting club representatives (e.g. president, secretary-treasurer) cannot legally represent the entire club when signing a lease agreement, unless the club is incorporated. If the hunting club is not incorporated, every member of the club must sign and date the lease agreement.

9. Practice a Liability Risk Reduction Program - In addition to requiring the hunting club to purchase an insurance policy, landowners should practice a risk reduction program that reduces all known hazards on the property. Accurate records should be kept of all efforts made to reduce or eliminate known and potential risks to hunters. If a libel suit is ever filed, you will have a record of efforts taken to make conditions on your property safe. Hazards that cannot be reduced should be identified and explained to sportsmen with a map and written description. Other considerations to reduce risk are the following:

• No ATV's, or required additional rider insurance policy from sportsmen;
• No portable climbing tree stands;
• Avoid single-strand cable gates or have them clearly marked; and
• Require all sportsmen to have passed an approved hunter education course and show a certificate of completion.

10. Written Rules - Consider developing written rules aimed at preventing accidents and protecting property. Make sure that all hunters are aware of the rules. You may want to have hunters sign a statement that they have read and understand the rules.

11. Review by Attorney - When the written lease agreement is complete, but before it is signed by either party, landowners should have an attorney review the agreement. This helps to clarify that the agreement is legal and binding.

12. Upfront Payment - Lease payments should be made at the beginning of a hunting lease period. This allows the potential for investing these funds and accruing interest.

13. Policy on Permanent Structures - Permanent structures established by the lessee such as buildings, sheds or cabins may or may not be an asset to the landowner. Landowners should decide if and what types of permanent structures are allowed, and what happens to these structures when the lease is terminated.

14. Vehicle Restriction - Landowners may want to restrict the use of four-wheel drive vehicles, or limit their use to existing roads.

15. Notification of Presence - In order to know when hunters are on the property, landowners may require hunters to check in and out or notify the landowner in advance in writing or phone.

16. Automatic Hunting Lease Renewal - Landowners who are pleased with the lessee may want to provide for an automatic lease renewal. If the lessee knows that they will have hunting access to the land for several years, they are more willing to provide improvements to the land.

17. Arbitration - Disputes may arise even with the most well-thought out lease agreement. Some leases specify for arbitration of disagreements with neutral arbiters agreed upon in advance by both parties. Arbiters may be local attorneys, conservation officers, Extension agents, or other mutually agreed upon individuals.

Suggested Items to Include in a Written Hunting Lease Agreement

1. Name and address of the landowner (the lessor) and the sportsman, sportsman's group or club (lessee).

2. Purpose of the hunting lease explaining what game will be hunted as well as other activities allowed on the property.

3. Description of the property with location of the tract, boundaries, and areas off-limits to hunters. A map should also accompany the written description. A tour of the property is recommended to point out property boundaries as well as known hazards. A description of the present condition of the property can also be included in this section.

4. Duration of the lease describing beginning and ending dates of the lease.

5. Method of lease payment stating how much the lessee must pay the landowner and when the payment must be made. Penalties for late payment can also be included.

6. Damage provisions and a deposit to cover the costs of destruction of property, livestock, or damage to other landowner assets if not properly repaired or compensated. Damage provisions should specify that the lessees are responsible for any damages caused by their presence on the property. Damage deposits should be returned to the lessee if damage is corrected or does not occur.

7. Termination of a lease clause to cancel the lease agreement if either party fails to abide by provisions stated in the agreement, such as violation of state or federal game laws. Also hunting leases may be terminated if the property is sold or if the lessor dies during the lease period.

8. Subleasing clause which specifies whether sportsmen will be able to sublet or assign leasing rights to a third party. Landowners should seriously consider not allowing subleasing of their property.

9. Lessee's responsibilities should be defined within the agreement to include duties such as closing gates, repairing broken fences, helping to put out forest fires, evicting trespassers, obeying all game laws, following a biologist's game harvest recommendations, keeping and reporting game harvest records, posting of property, and restrictions on the use of alcohol.

10. Lessor's responsibilities should be defined within the lease to include duties such as maintaining roads, planting of food plots, or providing facilities for lodging or game cleaning.

11. Landowner rights should be clearly stated in the lease, such as the right to continue land management, hunting by family and friends, and other provisions.

12. Indemnity clauses or "hold-harmless" disclaimers can be added to the lease agreement and may protect landowners from liability if someone is injured on their land. They can be used as proof that an injured hunter assumed the risks of engaging in a particular activity. They do not, however, relieve landowners of liability associated with demonstrated negligence.

13. Number of members allowed in lessee group or club.

14. Policy on guest and the number of guests that the lessee may bring onto the property at anyone time.

DETERMINING HUNTING LEASE PRICES

The hardest decision for many landowners is what to charge for a hunting lease. Most landowners determine their lease price based upon what neighbors or others in the area are charging. The chart below (Table 3.) suggests several methods of determining hunting lease prices.

Table 3. Methods of Determining Hunting Lease Prices

HOW TO FIND RESPONSIBLE HUNTERS

If you have not leased your land in the past you may have to rely on locating hunters initially by word-of mouth to friends, local hunters, or local conservation groups. Advertising in local newspapers and specialty magazines that target the type of sportsmen you are interested in can also be helpful in finding a potential pool of lessees. After locating interested hunters ask that they provide a list of references. Use this list to ensure that they have not had problems in the past leasing lands with other landowners and are known to be responsible and ethical sportsmen. If the interested group passes the "background check," conduct an interview with the hunters or a group representative. A list of questions developed in advance can be helpful. Don't be afraid to ask the tough questions. Finally, use all the information you have gathered to make an informed decision based upon the hunter's background, reputation, and willingness to accept the terms of a lease agreement.

SUMMARY

Recreational hunting leases have become an important source of supplemental income for forest and farm owners in the Southern U.S. Many industrial timber companies now consider income from hunting leases in their resource and financial management decisions. As landowners consider hunting leases as an alternative enterprise, they should understand the advantages and disadvantages of a hunting lease, important guidelines and considerations in developing a hunting lease program, and provisions that are important to include in a written lease agreement. Hunting leases can be an enjoyable and rewarding experience for both landowners and sportsmen with advance planning, preparation, and communication.

LITERATURE CITED

Kays, S. J. 1997. Recreational access and landowner liability in Maryland. Univ. of Maryland Cooperative Extension Bulletin 357, College Park, Maryland. 27pp.

Roach, D. F., A. Marsinko, and D. C. Guynn. 1996. Forest industry hunt-lease programs in the southern United States: 1994. In: Proceedings on a Symposium on the Economics of Wildlife Resources on Private Lands, August 4-7, 1996. R. Johnson, editor. School of Forestry, Auburn University, Auburn, AL.

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APPENDIX A. SAMPLE HUNTING LEASE AGREEMENT

This hunting lease agreement is for educational purposes only. It is important to check with your attorney before writing and signing a binding legal agreement. This lease may be more or less inclusive than the parties desire. If the lessor wants to provide other services or rights, such as guides, cleaning game, or allowing the lessee to improve the habitat, they should be included.

HUNTING LEASE AGREEMENT

STATE OF:

COUNTY OF:

TRACT:

This Lease Agreement (the "Lease") entered into as of the day of _______, by and between ______________ hereinafter referred to as Lessor, and _____________ a/an (state whether an individual, a partnership, corporation, or unincorporated association) hereinafter referred to as Lessee.

The Lessor agrees to lease the Hunting Rights, as defined below, on _____ acres more or less, to Lessee for ____________________________ ($ ______/ Acre), for a term commencing on ______________________, (the "Commencement Date") and ending on ___________ (the "Expiration Date") on the following described property (the "Land").

See Attached Description

The Hunting Rights shall consist of the exclusive right and privilege of propagating, protecting, hunting, shooting, and taking game and waterfowl on the Land together with the right of Lessee to enter upon, across and over the Land for such purposes and none other.

This Hunting Lease Agreement shall be subject to the following terms and conditions:

PAYMENT

1. The Lessee shall pay to the Lessor _______________________, the amount of one (1) year's Rent in full, on or before _____________________ by check payable to Lessor.

COMPLIANCE WITH LAW

2. Lessee agrees for itself, its licensees and invitees to comply with all laws and regulations of the United States and of the State and Local Governments wherein the Land lies relating to the game or which are otherwise applicable to Lessee's use of the Land. Any violation of this paragraph shall give Lessor the right to immediately cancel this Lease.

POSTING

3. Lessee shall have the right to post the Land for hunting to prevent trespassing by any parties other than Lessor, its Agents, Contractors, Employees, Licensees, Invitees, or Assigns provided that Lessee has obtained the Lessor's prior written approval of every sign designed to be so used. Every such sign shall bear only the name of the Lessee. Lessor reserves the right to prosecute any trespass regarding said Land but has no obligation to do so.

LESSOR'S USE OF ITS PREMISE

4. Lessor reserves the right in itself, its Agents, Contractors, Employees, Licensees, Assigns, Invitees, or Designees to enter upon any or all of the Land at any time for any purpose of cruising, marking, cutting or removing trees and timber or conducting any other acts relating thereto and no such use by Lessor shall constitute a violation of this Lease. This right reserved by Lessor shall be deemed to include any clearing, site preparation, controlled burning and planting or other forestry work or silvicultural practices reasonably necessary to produce trees and timber on the Land. Lessee shall not interfere with Lessor's rights as set forth herein.

GATES/BARRIERS

5. Lessor grants to Lessee the right to install gates or other barriers (properly marked for safety) subject to the written permission of Lessor and the terms and conditions relating thereto as set forth elsewhere in this Lease, on private roads on the Land, and Lessee agrees to provide Lessor with keys to all locks prior to installation and at all times requested by Lessor during the term of this lease.

ROAD OR FENCE DAMAGE

6. Lessee agrees to maintain and surrender at the termination of this Lease all private roads on the Lands in at least as good a condition as they were in on the date first above-referenced. Lessee agrees to repair any fences or other structures damaged by itself, its licensees or invitees.

ASSIGNMENT

7. Lessee may not assign this Lease or sublease the hunting rights the subject of this Lease without prior written permission of Lessor. Any assignment or sublease in violation of this provision will void this Lease and subject Lessee to damages.

FIRE PREVENTION

8. Lessee shall not set, cause or allow any fire to be or remain on the Land. Lessee covenants and agrees to use every precaution to protect the timber, trees, land, and forest products on the Land from fire or other damage, and to that end, Lessee will make every effort to put out any fire that may occur on the Land. In the event that any fire shall be started or allowed to escape onto or burn upon the Land by Lessee or anyone who derives his/her/its right to be on the Land from Lessee, Lessor shall have the right immediately to cancel this Lease without notice, and any payments heretofore paid shall be retained by Lessor as a deposit against actual damages, refundable to the extent such damages as finally determined by Lessor are less than said deposit. In addition, Lessor shall be entitled to recover from Lessee any damages which Lessor sustains as the result of such fire. Lessee shall immediately notify the appropriate state agency and Lessor of any fire that Lessee becomes aware of on Lessor's lands or within the vicinity thereof.

INDEMNIFICATION AND INSURANCE

9. Lessee shall indemnify, defend and hold harmless Lessor, its directors, officers, employees and agents from any and all loss, damage, personal injury (including death at any time arising therefrom) and other claims arising directly or indirectly from or out of any occurrence in, upon, or at the said Lands or any part thereof relating to the use of said Land by Lessee, Lessee's invitees or any other person operating by, for or under Lessee pursuant to this Lease. Lessee further agrees to secure and maintain a $ 1,000,000 public liability insurance policy in connection with the use of the Land with Lessor named as insured and with such insurance companies as shall be agreeable to Lessor. This indemnity shall survive the termination, cancellation or expiration of this Lease.

RULES AND REGULATIONS

10. Lessor's rules and regulations attached hereto as Exhibit "A" are incorporated herein by reference and made an integral part hereof. Lessee agrees that any violation of said rules and regulations is a material breach of this Lease and shall entitle Lessor to cancel this Lease at its option effective upon notice by Lessor to Lessee of such cancellation.

Lessor reserves the right from time to time, to amend, supplement or terminate any such rules and regulations applicable to this Lease. In the event of any such amendment, supplement, or termination, Lessor shall give Lessee reasonable written notice before any such rules and regulations shall become effective.

MATERIAL TO BE SUBMITTED TO LESSOR

11. If this Lease is executed by or on behalf of a hunting club, Lessee shall provide Lessor, prior to the execution hereof, a membership list including all directors, officers, and/or shareholders, their names and addresses and a copy of Lessee's Charter, Partnership Agreement and By-Laws, if any. During the term of this lease, Lessee shall notify Lessor of any material change in the information previously provided by Lessee to Lessor under this paragraph 11.

LESSEE'S LIABILITY RE: TREES, TIMBER, ETC.

12. Lessee covenants and agrees to assume responsibility and to pay for any trees, timber or other forest products that may be cut, used, damaged or removed from the Land by Lessee or in connection with Lessee's use of the Land or any damages caused thereupon.

NO WARRANTY

13. This Lease is made and accepted without any representations or warranties of any kind on the part of the Lessor as to the title to the Land or its suitability for any purposes; and expressly subject to any and all existing easements, mortgages, reservations, liens, rights-of-way, contracts, leases (whether grazing, farming, oil, gas or minerals) or other encumbrances or on the ground affecting the Land or to any such property rights that may hereafter be granted from time to time by Lessor.

LESSEE'S RESPONSIBILITY

14. Lessee assumes responsibility for the condition of the Land and Lessor shall not be liable or responsible for any damages or injuries caused by any vices or defects therein to the Lessee or to any occupant or to anyone in or on the Land who derives his or their right to be thereon from the Lessee.

USE OF ROADS

15. Lessee shall have the right to use nay connecting road(s) of Lessor solely for ingress, egress, or regress to the Land, such use, however, shall be at Lessee's own risks and Lessor shall not be liable for any latent or patent defects in any such road nor will it be liable for any damages or injuries sustained by Lessee arising out of or resulting from the use of any of said Lessor's roads. Lessee acknowledges its obligation of maintenance and repair for connecting roads in accord with its obligation of maintenance and repair under paragraph 6.

SURRENDER AT END OF TERM

16. Lessee agrees to surrender the Land at the end of the term of this Lease according to the terms hereof. There shall be no renewal of this Lease by implication or by holding over.

MERGER CLAUSE

17. This Lease contains the entire understanding and agreement between the parties, all prior agreements between the parties, whether written or oral, being merged herein and to be of no further force and effect. This Lease may not be changed, amended or modified except by a writing properly executed by both parties hereto.

CANCELLATION

18. Anything in this Lease to the contrary notwithstanding, it is expressly understood and agreed that Lessor and Lessee each reserve the right to cancel this Lease, with or without cause, at any time during the Term hereof after first giving the other party thirty (30) days prior written notice thereof. In the event of cancellation by Lessee, all rentals theretofore paid and unearned shall be retained by the Lessor as compensation for Lessor's overhead expenses in making the Land available for lease, and shall not be refunded to Lessee.

APPLICABLE LAW

19. This Lease shall be construed under the laws of the State first noted above.

IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be properly executed as of the day and year first above written.

WITNESSES:

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APPENDIX B. SAMPLE HUNTING LEASE AGREEMENT

This hunting lease agreement is for educational purposes only. It is important to check with your attorney before writing and signing a binding legal agreement. This lease may be more or less inclusive than the parties desire. If the lessor wants to provide other services or rights, such as guides, cleaning game, or allowing the lessee to improve the habitat, they should be included.

_____________________, owner of ______________ farm, (legal description of the land), County, (state), herein referred to as "Landowner," for good and sufficient consideration, as hereinafter set forth, leases hunting rights on those portions of the ___________________ farm, hereinafter described, to ____________________ and others so executing this agreement and hereinafter referred to as "Lessees," on the following terms and conditions:

1. The tract of land, hereinafter referred to as "lease" upon which hunting rights are granted, is the __________ farm described herein consisting of approximately ________ acres.

(description of land with aerial photograph if available)

Lessees understand the location and boundaries of said tract and agree that no hunting rights are granted hereunder on any tract other than the tract herein designated and that no hunting or discharging of firearms shall be done by Lessees while traveling to or from the lease.

2. This agreement and the rights and duties granted and incurred hereunder shall be for a term commencing with the opening of _____ season in 19__, and the closing of ________ season in 19__, as set for ____________ County , (state), under regulations enforced by the (state wildlife agency) unless terminated pursuant to provisions of this agreement hereinafter set forth. Provided that either the Landowner or Lessee may cancel this agreement by giving written notice of its intent to do so thirty (30) days prior to the date that rental for the second or third year of the term here provided is due. In which event, Lessee shall be relieved of the obligation to pay further rental under the terms and shall deliver possession of the premises.

3. The consideration to be paid by Lessee to Landowner at ________ County, (state), is $________ in cash, one-half to be paid on or before June 1, 19__, and the balance to be paid on or before October 1, 19__. Failure to pay the second installment shall thereupon terminate and cancel the lease and the amount already paid shall be forfeited as liquidated damage for the breach of the agreement. A $_______ deposit will be required to insure that lease premises are left in a clean and orderly condition. Farm personnel will inspect the premises within 30 days after the lease expires. If clean-up is necessary, the farm will accomplish such, and the $_____ deposit will be forfeited by the Lessees. If the premises are determined by farm personnel to be clean and orderly, the $______ deposit will be returned to the Lessees within 60 days after expiration of the lease.

4. Lessees shall not assign this lease or sublet the leased premises without the written consent of ________________.

5. Lessees shall at all times abide by and obey all state and federal hunting laws and regulations and Lessee shall be responsible for the conduct of Lessee's guests or members in connection with said hunting laws and shall be responsible for any violation of said hunting laws or regulations by said Lessee, its guests, or members. Any violation of the hunting laws or regulations of any governmental authority shall give rise to the right of immediate cancellation of this lease by the Landowner upon written notice to Lessees, and in the event of the cancellation of said lease due to violation of game laws by Lessees, its guests or members, no prorata of the rent previously paid shall be made, same to be forfeited as liquidated damages, and Lessees shall, upon receipt of such notice, immediately vacate and surrender unto the Landowner possession of the leased premises.

Lessees shall, during the period in which it has access to the leased premises, continually protect same against trespassers and squatters, and to the best of Lessee's ability have such persons apprehended and prosecuted.

6. This lease agreement is expressly made subject to the "General Conditions of Lease," which are attached hereto as Exhibit "A," and made a part hereof for all purposes the same as if copied herein verbatim.

7. If Lessees default in the performance of any of the covenants or conditions hereof, including the "General Conditions of Lease," which are attached hereto as Exhibit "A," then such breach shall cause an immediate termination of this lease and a forfeiture to Landowner of all consideration prepaid. The Lessee shall have no further rights under the term of this lease agreement. In the event a lawsuit arises out of or in connection with this lease agreement and the rights of the parties thereof, the prevailing party may recover not only actual damages and costs but also reasonable attorneys' fees expended in the matter.

8. Landowner shall not be liable for any injuries, deaths, or property damage sustained by (1) any Lessees hereto, (2) any employees of Lessees, (3) any business invitees of Lessees, (4) any guest of Lessees, (5) any person who comes to the leased premises with the express or implied permission of Lessees on the ________ farm with permission of the Lessee hereunder except for such injury, death, or property damage as may be sustained directly as a result of Landowner's sole negligence. Lessee hereunder jointly and severally agrees to indemnify Landowner, his agents or employees against any claim asserted against Landowner or any of Landowner's agents or employees as a result of any personal injury, death or property damage arising through: (1) the negligence of a Lessee or any persons on the farm with the permission of a Lessee, or (2) through the concurrent negligence of a Landowner or his agents or employees any one or more of Lessees or any person on the ________ farm with the permission of the Lessee.

All minors permitted by Lessee to hunt, fish, or swim on the leased premises shall be under the direct supervision of one of their parents (or guardian) and when children are present on the leased premises, the parents shall be fully responsible for their acts and safety and agree to hold Landowner harmless therefor, regardless of the nature of the cause of damage, whether property or personal injury, to themselves or others.

9. The leased premises are taken by Lessee in an "as is" condition, and no representation of any kind is made by _______ regarding the suitability of such premises for the purpose for which they have been leased.

10. This lease may not be terminated or repudiated by Lessee except by written notice signed and acknowledged in duplicate before a Notary Public by Lessee, and such termination or repudiation shall not be effective until Lessee has mailed one executed copy thereof to Landowner by registered mail and filed the other executed copy thereof for record in the office of the County Clerk,______________ County, (state). This lease shall be binding upon the distributes, heirs, next of kin, successors, executors, administrators, and personal representatives of each of the undersigned. In signing the foregoing lease, each of the undersigned hereby acknowledges and represents:

(a) That he has read the foregoing lease, understands it, and signs it voluntarily; and

(b) That he is over 21 years of age and of sound mind;

In witness whereof, the parties hereto have set their hands this the ______ day of _______ 19__.

LESSEES: DATE: LANDOWNER: DATE

_________________________ _____________________________

_________________________ WITNESS: DATE

_________________________ _____________________________

_________________________

STATE OF _____________

: SS

COUNTY OF ______________ }

The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of _________, 19__, by ___________ and _____________________.

My commission expires: _____________________________

_____________________________

Notary Public

________________ LANDOWNER, LEASE TO _____________ LESSEE

These general conditions of lease are applicable to the lease agreement between ______________, hereinafter referred to as LANDOWNER, and ___________________, LESSEE. Lessee and all persons authorized to Lessee to hunt upon the leased premises shall be hereinafter collectively referred to as "Hunters."

1. It will be the responsibility of the Lessee to furnish each hunter or guest with a copy of these general conditions of lease.

2. Lessees understand and agree that the leased premises are not leased for agricultural or grazing purposes and, consequently, taken subject to the rights thereof.

3. Lessee acknowledges that Landowner owns the property herein leased, primarily for agricultural purposes and the growing of timber. Lessee shall in no manner interfere or obstruct Landowner's farming, forestry, or livestock operations.

4. Landowner reserves the right to deny access to the leased premises to any person or persons for any of the following reasons: drunkenness, carelessness with firearms, trespassing on property of adjoining landowners, acts which could reasonably be expected to strain relationships with adjoining landowners, or any other activities which to the ordinary person would be considered objectionable, offensive, or to cause embarrassment to Landowner or be detrimental to Landowner's interest. Failure of Lessee to expel or deny access to the premises to any person or persons after being notified to do so by Landowner may result in the termination of this lease at discretion of Landowner.

5. No hunter shall be allowed to:

(a) shoot a firearm from a vehicle;

(b) erect a deer stand within 150 yards of the boundary of the herein leased premises;

(c) permanently affix a deer stand in trees;

(d) abuse existing roads by use of vehicles during wet or damp conditions.

(e) fire rifles or other firearms in the direction of any house, barn, other improvements or across any haul road located on the leased premises;

(f) build or allow fires on the leased premises, except in those areas specifically designated by Landowner in writing, and, in event, shall be kept fully liable for such fires; and

(g) leave open a gate found closed or close a gate found open.

6. Hunters shall at all times maintain a high standard of conduct acceptable to _________________.