This Hunting Lease is entered into on this ________ day of __________________,
2002, between _________________________________________(hereinafter "Landlord"), with an address of
and_______________________________________________ (hereinafter "Tenant"), with an address of
This Hunting Lease provides Tenant a license to enter onto the real property
described as_______________________________ (hereinafter "the Property"), for the sole
purpose to do the following:__________________________________________ , and all acts normally incidental
thereto. This license to use the Property shall begin
on _____________, and shall terminate on__________________ . This license grants Tenant,
no other persons whatsoever,
the use of the Property as described above.
This Lease grants no other interest in the Property other than the license
specifically granted herewith.
In consideration of the grant of license from Landlord to Tenant as
set forth herein, Tenant agrees to pay Landlord, rent
of $__________ for the entire period, which rent shall be
due on ____________.
IF TENANT FAILS TO PAY RENT IN A TIMELY FASHION AS SHOWN ABOVE,
RIGHTS HEREUNDER ARE EXPRESSLY EXTINGUISHED, AND LANDLORD MAY
PROPERTY WITHOUT ANY FURTHER NOTICE TO TENANT, AND LANDLORD
MAY KEEP TENANT
FROM ENTERING ONTO THE PROPERTY USING ANY LEGAL MEANS NECESSARY.
Tenant agrees to comply with the following conditions and restrictions
pertaining to Tenant's use of the Property. Tenant acknowledges that the
conditions and restrictions set forth herein are vital to the safety and
well-being of Tenant, other allowed users of the Property, adjoining landowners
and users, and the fish and game and ecology of the Property, and that failure
to follow the conditions and restrictions herein will or may cause a dangerous,
unsafe and environmentally destructive condition. Tenant agrees that a
violation of the following restrictions shall allow Landlord, in Landlord's discretion,
to immediately terminate Tenant's license as set forth herein, and to remove
Tenant from the Property. Based on same, in addition to all other terms of this
Lease, Tenant agrees to the following twelve conditions:
1. To obey all laws, regulations, licensing requirements, rules, and ordinances,
(collectively "Laws) including all Laws pertaining to the taking of fish and game, and
of the use of public and private lands, of the County of , State of
, and of the United States Department of the Interior.
2. To not create, or to allow the creation of, a nuisance, or allow any
waste, injury, or destruction to the Property and all items on the Property, except
for the taking of fish and game, and normal camping and uses incident thereto
as allowed by Law.
3. To not use, or allow the use of, the Property for any purpose other than set forth
in the use declaration above.
4. To remove all litter, trash, debris, and other materials from the Property
5. To not construct any improvement, blind, stand, cover, or other like item
of a permanent nature, without Landlord's written permission therefore.
6. To not allow any person other than specifically set forth herein to hunt, fish, camp,
or otherwise use the Property.
7. To not alter, or allow the alteration of any part of the Property, or any
improvements on the Property.
8. To not allow the discharge of any firearm or other weapon, such that the projectile
will cross any boundary of the Property, and to not cross the boundary of the Property with
any loaded firearm.
9. To track and to retrieve all wounded game, and to field-dress all game
where the game falls.
10. To not disturb, harass, shoot, or otherwise harm any livestock maintained on the
11. To leave all fences and gates as found in their then condition, open
if found open and closed if found closed, to enter the Property only through
those gates as instructed by Landlord, and to not place any locks on gates and
fences not expressly approved by Landlord.
12. Where applicable, to drive only on established paths and roads, and to not
drive over fields and/or rangeland.
Tenant agrees to indemnify and hold Landlord harmless from all actions, claims,
judgments, lawsuits and cross or counter claims, whether brought by Tenant, any persons
affiliated with Tenant, or any third parties, resulting from Tenant's license and use
of the Property, including Landlord's costs of suit and attorney's fees.
In the event Tenant makes any alterations or places any additions on the Property, any
such alterations and/or additions shall become the property of Landlord and shall be
deemed attached to the land. Tenant shall remove any alterations and/or additions made
without the express written consent of Landlord if so requested by Landlord.
This license is not assignable, and any purported assignment without Landlord's consent
is without force and effect, shall be null and void, and shall not operate to create any
rights in any purported assignee in and to the Property. However, Landlord shall not
unreasonably withhold consent to any assignment if such proposed assignment is based upon
Tenant's inability to use this license due to illness or other problems which would defeat
Tenant's use of this license. However, nothing herein shall allow Tenant to assign or
resell this license for a profit. Landlord's consent to any assignment is expressly
contingent on Tenant assigning and paying to Landlord any payment and compensation
received by Tenant from any assignee of this license.
Tenant expressly acknowledges that Tenant's use of the Property is non-exclusive
with respect to the grazing of livestock, agricultural use, and other non-hunting and/or
fishing uses by Landlord or any party affiliated with Landlord. Tenant agrees to
not impair, destroy, threaten, or injure such other uses.
This Lease creates no rights into any sub-surface minerals, ground water,
materials or deposits. Tenant expressly agrees Tenant will not engage in any mining,
extraction, withdrawal, or other removal of any sub-surface materials whatsoever.
Landlord may enter onto the Property for normal maintenance and repairs, for Landlord's
own use, and for purpose of inspecting the Property to insure Tenant's compliance with the
terms and condition of this Lease.
Landlord expressly disclaims any warranty of fitness or merchantability with respect to
the Property, and Tenant takes the Property AS-IS, with all faults, dangerous conditions,
and attributes, whether known to Landlord and/or Tenant or not. Landlord makes no
warranty that during the term of this Lease, there exists any game, fish, or
fowl on the Property for hunting purposes.
The Property consists of mostly undeveloped and untamed land, including
but not limited to possible brush, boulders, watersheds, flood zones, flammable material,
ravines, caves, holes, rivers, poisonous animals and insects, bats, and other
wild animals, all of which may be dangerous, harmful or fatal to humans and to
property. Tenant acknowledges such potentially dangerous conditions, assumes
all risk and liability associated with same, and agrees that Landlord will have no
liability whatsoever with respect to any illness, injury, death or destruction to
Tenant or Tenant's property. Tenant acknowledges that although Landlord may have
a greater knowledge of the Property than Tenant, that it is impracticable and
impossible for Landlord to list and/or to physically show Tenant each and every possible
hazard on the Property which is unknown to Tenant, and Tenant enters onto the Property
despite same and at Tenant's own risk and without liability to Landlord.
In the event of a default of this Lease by Tenant, in addition to any other remedies
allowed by Law, Landlord may (i) re-enter the Property, (ii) eject Tenant from the Property,
(iii) relet the Property for benefit of Tenant and to obtain rent directly from any new
licensees resulting from such reletting, (iv) terminate this lease, (v) sue Tenant for any
deficiency in the payment of rent and/or for any injury or damage to the Property, (vi)
retain Tenant's security deposit in an amount to compensate Landlord for the
breach and (vi) resort to self help and to change locks, remove Tenants from the Property,
and to deprive Tenant of access to the Property by any other means.
In the event either Landlord or Tenant files any suit or other legal proceeding against the
to compel compliance with any term(s) of this Lease, to prevent or stop a breach of this
Lease, to obtain a judicial interpretation of the terms of the Lease, or for any other
reason, the prevailing party in such suit or proceeding shall be entitled, in addition
to its damages and costs of suit, reasonable legal fees as determined by the court.
Any suit, action or legal proceeding shall be maintained in County,
. This Lease, and all rights and obligations resulting therefrom, shall
be interpreted and determined under the laws of .
This Lease constitutes the entire agreement between the parties, and
supersedes all prior and contemporaneous written and/or oral agreements pertaining to the license
created herein. Any modification, alteration, or supplement to this Lease shall, to be
effective, be in writing and signed both parties. Any writings and/or notices shall be
delivered to Landlord and Tenant, first class mail with postage prepaid, at the respective
addresses set forth above, or such other address as each party may, from time to time,
instruct the other party in writing.
This Lease is effective on the date first written above.