More publications about Hunting Lease Enterprise from
University of Maryland Extension:
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.
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.
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.
Some of the earlier leasing of hunting rights began in Texas in the 1930's.
Texas ranchers quickly realized that hunting and wildlife management could
go hand in hand with traditional agricultural and natural resource operations.
Today, hunting leases are commonplace in many southern states, especially
the Southeast, where private landowners (corporate, industrial, and nonindustrial
landowners) have successfully integrated wildlife management and hunting
leases into their timber and agricultural operations. Concurrent with the
rich history of hunting leases in the South, there has been an evolution
of learning by both landowners and sportsmen regarding hunting leases. In
worst case scenarios, hunting leases have been disastrous for both landowners
and sportsmen. Unethical sportsmen, liability exposure, and a loss of control
over property have been problematic for many landowners who have leased
their lands for hunting. However, learning from past mistakes, landowners
have moved away from hunting leases that granted access with a handshake
to more formal arrangements that protect the interests of both the landowner
and sportsmen. The information presented here represents the opinions of
many landowners who have had a good deal of experience leasing their land
for hunting, as well as information obtained from several studies about
hunting leases in the South. If landowners are interested in diversifying
their natural resource or agribusiness to include a hunting lease program,
it is important that they be well-informed before diving into a hunting
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:
- 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
- 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.
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
Advantage of Leasing
- Additional income
- In-kind labor assistance from sportsmen
- Better access control on land
- Increased recreational opportunities
- Enhanced quality of hunting experience
- Complements forestry & agriculture
- Benefits local economy
Disadvantages of Leasing
- Liability concerns
- Increase in landowner time
- Sportsmen possibly present at inopportune
- 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:
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
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
- 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
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
Table 3. Methods of Determining Hunting
|What neighbors or others are charging
in the immediate area
|Lease price is based upon the going
rate in the area
|Break-even plus 10 percent
||Lease price is based upon management
and other costs plus 10 percent
||Lease price is based upon a subjective
rating of the quality and quantity of wildlife habitat
|Baseline plus value-added
||Base price per acre is charged. Additional
fees are aaessed on each improvement, amenity, or service provided
|Sealed bid approach
||Similar to timber sales. A description
of the hunting lease is made and a request for offers is solicited.
TO FIND RESPONSIBLE HUNTERS
Locating responsible hunters who will respect
your property and abide by terms specified in a lease agreement can be a
challenge. Without proper screening of hunters, landowners could find themselves
with an unmanageable group who have little regard for the property or the
landowner's rights. Potential problems in these circumstances could include
road and tree damage, trash dumping, fire, illegal hunting, or a legal overharvest
of game. These problems, however, can be circumvented in two ways: 1) if
the landowner knows the background of the hunters, and 2) as discussed earlier,
if a well-written lease agreement is in place that protects the interests
of the landowner.
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.
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,
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.
APPENDIX A. SAMPLE HUNTING LEASE
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
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:
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.
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.
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.
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.
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
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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
APPENDIX B. SAMPLE HUNTING LEASE
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
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
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 _____________
COUNTY OF ______________ }
The foregoing instrument was subscribed,
sworn to, and acknowledged before me this day of _________, 19__, by ___________
My commission expires: _____________________________
APPENDIX C. EXHIBIT "A", GENERAL
CONDITIONS OF LEASE (EXAMPLES OF OPTIONAL CLAUSES)
________________ LANDOWNER, LEASE TO _____________
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
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 _________________.