SPORTSMENíS PROPERTY LEASE AGREEMENT
This Sportsman's Property Use Agreement ("Agreement") is made and effective ____________________ by and between ____________________, ____________________ ("Owner") and ____________________, ____________________ ("Licensee").
Owner is the owner of (or is otherwise authorized to enter into this Agreement with respect to) certain real estate described as follows: ____________________ (the "Property").
NOW, THEREFORE, the parties agree as follows:
1. License Granted.
A. Hunting. Owner hereby grants to Licensee a limited, ____________________ license, as set forth herein, to enter the Property for the purpose of hunting only the following fowl and/or game: ____________________. If the license is non-exclusive, Licensee understands and agrees that Licensee shall be solely responsible for coordinating and cooperating with any other licensee hunting on the Property. Owner shall not be responsible for any damage or injury caused by anyone else on or about the Property, regardless of whether the person is authorized to be on the Property. This license shall be in effect during ____________________. Licensee may bring ____________________ guests when hunting on the Property pursuant to this license. If guests are allowed, Licensee is responsible for ensuring that those guests comply with Licensee's obligations in this Agreement. ____________________
B. Fishing. Owner hereby grants to Licensee a limited, ____________________ license, as set forth herein, to enter the Property for the purpose of fishing for the following fish: ____________________. If the license is non-exclusive, Licensee understands and agrees that Licensee shall be solely responsible for coordinating and cooperating with any other licensee fishing on the Property. Owner shall not be responsible for any damage or injury caused by anyone else on or about the Property, regardless of whether the person is authorized to be on the Property. This license shall be in effect during ____________________. Licensee may bring ____________________ guests when fishing on the Property pursuant to this license. If guests are allowed, Licensee is responsible for ensuring that those guests comply with Licensee's obligations in this Agreement. ____________________
In consideration of the rights granted in this Agreement, Licensee shall pay Owner a fee of ____________________.
3. Reserved Rights.
Notwithstanding anything in this Agreement to the contrary, nothing shall restrict or preclude Owner from hunting or fishing on the Property at Owner's discretion. Owner also reserves the right to enter and occupy the Property at any time for any other purpose, even if any such use is inconsistent with the rights granted Licensee in this Agreement.
4. Compliance With Law.
Licensee represents and warrants that while on or about the Property, Licensee and Licensee's guests (if authorized) shall comply with all laws and regulations applicable to the activities to be
conducted by Licensee pursuant to this Agreement. By way of example, and not as a limitation, Licensee shall have all licenses and permits required for such activities, and shall comply with all rules establishing permissible seasons and limits on the amount of game.
5. Entry and Exit, Non-interference.
A. Licensee shall enter and exit the Property only at such place or places designated by Owner.
B. Licensee agrees that neither Licensee nor Licensee's guests (if permitted) will exercise any rights granted in this Agreement in any manner that would interfere with or cause injury to the Property or Owner's use of the Property. Provided that Licensee performs Licensee's obligations in this Agreement, Owner will not interfere with Licensee's exercise of rights granted herein.
Licensee or Owner may terminate this Agreement at any time upon notice to the other. If Owner terminates pursuant to this provision, Owner shall refund to Licensee the pro rata portion of any unused fees paid to Owner for the rights granted in this Agreement. If Licensee terminates pursuant to this provision, Licensee is not entitled to any refund of unused fees. This Agreement shall automatically terminate if Licensee breaches or defaults in the performance of any material covenant or obligation owed to Owner.
8. No Warranty, Indemnification.
OWNER MAKES NO REPRESENTATION OR WARRANTY ABOUT THE PROPERTY, THE AVAILABILITY OR CONDITION OF ANY GAME, OR ANY RIGHTS GRANTED HEREUNDER. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. Licensee agrees that the rights granted herein are exercised at Licensee's risk. Licensee agrees to release and hold Owner harmless for any injury, loss or damage suffered by Licensee while exercising any rights granted in this Agreement, except for any injury, loss or damage resulting from any intentional act or gross negligence of Owner. Licensee agrees to indemnify and hold Owner harmless from any and all losses, claims, suits, injuries and damages resulting from or in any way connected with Licensee's use of the Property or exercise of any rights in this Agreement.
9. Owner's Rights.
Nothing in this Agreement shall prevent or restrict Owner, and Owner's family and invitees, from using the Property for hunting, fishing, or any other purpose.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery, by certified mail, postage prepaid, or by recognized overnight delivery service; If to ____________________, ____________________ and if to ____________________, ____________________.
11. Governing Law.
This Agreement is to be governed by, construed and enforced according to the laws of the State of ____________________.
12. No Assignment.
Licensee may not assign this Agreement without the prior written consent of Owner.
Headings used in this Agreement are provided for convenience only and shall not be used to
construe meaning or intent.
14. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Sportsman's Property Use Agreement as of the date first above written.