Where can I get a landowner liability waiver form?
#21
Join Date: Feb 2003
Location: USA
Posts: 494
RE: Where can I get a landowner liability waiver form?
ORIGINAL: Jim Beam
Some laws are so stupid.Someone falls out of a tree and breaks an arm or leg comes back and sues the landowner for his ownstupidity.If death occurs then the spouse sues for his stupidity also.
It's like this guy who tried to sue the lawn mower company.He picked it up and tried to use it for a hedge trimmer and cut couple of his fingers off.This is a true story to. Funny as hell when I read about it.Here's your sign.
Some laws are so stupid.Someone falls out of a tree and breaks an arm or leg comes back and sues the landowner for his ownstupidity.If death occurs then the spouse sues for his stupidity also.
It's like this guy who tried to sue the lawn mower company.He picked it up and tried to use it for a hedge trimmer and cut couple of his fingers off.This is a true story to. Funny as hell when I read about it.Here's your sign.
#22
RE: Where can I get a landowner liability waiver form?
Curious, what area do you hunt? I've hunted in Q, R1, I and K mostly, and have done pretty good in the past, though no wallhangers.
#24
RE: Where can I get a landowner liability waiver form?
Nobody can stop anybody from suing you for whatever reason they wantm whether it's a good reason or bullcrap.
and a waiver form generally won't stop them... every exculpatory clause(waiver) that has made it to the WI Supreme Court has been ruled invalid! unless its written by a lawyer that has extensive knowledge in this area, I wouldn't count on a waiver form being valid in court.
The excuplatory clause must be limited to negligence, it must be on a self-contained form, the risk must have been contemplated by the signer, and there must be opportunity to bargain over the clause.
This simply goes on to say how pointless a excuplatory clause is in WI unless there is more than $2000 transferred per year for the use of the land. Either you have a true understanding of the risks and the law regarding those risks in which case you know that the landowner is clearly not liable by law or you do not understand the risks and therefore the waiver is invalid.
and a waiver form generally won't stop them... every exculpatory clause(waiver) that has made it to the WI Supreme Court has been ruled invalid! unless its written by a lawyer that has extensive knowledge in this area, I wouldn't count on a waiver form being valid in court.
The excuplatory clause must be limited to negligence, it must be on a self-contained form, the risk must have been contemplated by the signer, and there must be opportunity to bargain over the clause.
This simply goes on to say how pointless a excuplatory clause is in WI unless there is more than $2000 transferred per year for the use of the land. Either you have a true understanding of the risks and the law regarding those risks in which case you know that the landowner is clearly not liable by law or you do not understand the risks and therefore the waiver is invalid.
#26
Join Date: Dec 2005
Posts: 30
RE: Where can I get a landowner liability waiver form?
Could someone get sued if they posted their land and someone trespassed on it and got injured? If I read this right this time it's just for people that you welcome on your land to hunt right? The waiver are for them who asks permission to hunt on your property if you got it posted?
#27
RE: Where can I get a landowner liability waiver form?
People who ask to hunt there that are friends, or friends of friends. There really should be some kind of common sense rule that applies to ALL states. I can fully see how people don't allow hunting for fear those who hunt there might sue. The stakes are too high not to protect yourself.
#28
RE: Where can I get a landowner liability waiver form?
If you live in a state that specifically says that landowners are not liable for risks relating to recreation activities on the land and you have a reluctant landowner, I would simply print off the statute and give them a copy.
Giving up your right to sue should be carefully considered and only given up if you are receiving something in return such as a much cheaper lease rate. If it isn't a two way deal, the waiver will probably be invalid anyhow.
Giving up your right to sue should be carefully considered and only given up if you are receiving something in return such as a much cheaper lease rate. If it isn't a two way deal, the waiver will probably be invalid anyhow.
#30
Join Date: Sep 2004
Location: Camden County, Missouri
Posts: 1,019
RE: Where can I get a landowner liability waiver form?
HUNTING LEASE / LIABILITY[/i][/i]
LEASE AGREEMENT entered into between ___________and__________________________ Owner[/b] Lessee
[/b]For good consideration it is agreed between the parties as follows:
1. Location[/b]:
Owner hereby leases and lets to Lessee the premises described as follows: ___________________________.[/i][/b] ___ Acres Parcel #________________
2. Term[/b]: This lease shall be for a term of _____ year(s), commencing on ___ / ____________, 20__.
3.[/b] Lease Payment: Lessee shall pay Owner the annual Lease of $______________ annually during said term.
4. Utilities and Services[/b]: Lessee shall at its own expense provide utilities or services.
5.[/b] Lessee further agrees that:
a) Use of Property and buildings:[/b] This lease is solely for Lessee use of said property for hunting during state authorized hunting seasons. Owner retains all rights to said property, buildings and contents.Maintain a no hunting or shooting zone within 200 yards of any occupied building.
b) Property Damage[/b]: Any damage to said property, cutting of timber, etc. without prior written approval from Owner or inability to fulfill lease obligations may render Lessee liable for damages, forfeiture of deposit and/or eviction from use of said property. Lessee shall commit no waste to the leased property. Maintain proper vigilance aimed at preventing fires or damage by other means to the leased area.
c) Assignment or Subletting: Lessee shall not assign or sublets said premises or allow any other person to occupy or trespass the leased property without Owner’s prior written consent.
d) Alterations: Lessee shall not make any material or structural alterations to the leased property without Owner’s prior written consent.
e) Compliance with Law: Lessee shall comply with all applicable laws for the use of said property.
f) Lessee’s Conduct: Lessee shall not conduct on premises any activity deemed hazardous, or a nuisance, or requiring fire insurance premiums.
h) Right of Termination and Re-Entry: In the event of any breach of the payment of lease or any other required charge, or other breach of this lease, owner shall have full rights to terminate this lease in accordance with state law and re-enter and re-claim possession of the leased premises, in addition to such other remedies available to Owner arising from said breach.
i) Maintain proper safety procedures regarding firearms, particularly by seeing that all firearms are unloaded while in vehicles and in vicinity of all buildings.
6.[/b] Indemnity: Lessee will indemnify and hold Owner and Owner’s property--including the leased premises--free and harmless from any liability for injury to or death of any person, including Lessee, or for damage to property arising from Lessee’s using and occupying the premises or from the act or omission of any person or persons, including Lessee, in or about the premises with Lessee’s express or implied consent.Provide the Owner with a current certificate of insurance covering the Lessee, and all guests of the Lessee against damages and liabilities. Coverage shall be in at least the amount of $500,000.
7.[/b] Rights and Remedies Cumulative: The rights and remedies under this lease are cumulative, and either party's using any one right or remedy will not preclude or waive that party's right to use any other. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise.
8.[/b] Missouri Law To Apply: This agreement is to be construed under Missouri law, and all obligations of the parties created under this lease are performable in Camden County, Missouri.
9.[/b] Legal Construction: If any one or more of the lease provisions are for any reason held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of this lease, which will construed as if it had never included the invalid, illegal, or unenforceable provision.
10.[/b] Prior Agreements Superseded: This agreement constitutes the only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter.
11.[/b] Amendment: No amendment, modification, or alteration of this lease is binding unless in writing, dated subsequent to the date of this lease, and duly executed by the parties.
12.[/b] Additional Lease terms:
Lessee recognizes the inherent dangers associated with hunting, both natural and man-created. Lessee recognizes that accidents involving firearms, ammunition, falling trees, hidden ground openings, poisonous plants, and various other dangers may forcibly occur on the premises aforementioned. Lessee acknowledges his recognition of these dangers and the possible existence of dangerous physical conditions on the premises, such as but not limited to those described. With the aforementioned recognitions in mind, lessee agrees to indemnify and hold harmless landowner and all of his/her family, servants, employees and agents from all claims, suits, losses, personal injuries, deaths, property liability, and all other liability resulting directly or indirectly from or on account of activities engaged in by lessee or lessee's guests on the premises heretofore mentioned, said obligation to indemnify extending to the reimbursement of landowner for all expenses and suits including but not limited to judgments, attorney's fees and court costs.
Signed this ______ day of ___________________, 200__.
IN WITNESS OF THIS AGREEMENT, the Owner and Lessee execute this agreement as of the day and year first above written.
OWNER[/b]
[/b]_________________
By _______________________________ [signature]
____________________
________________________________ (address)
LEASEE[/b]
[/b]_________________________________ [name of Lessee]
By ______________________________ [signature]
__________________________________________________ ___________________ [address]
(_____)______- __________(Phone)
LEASE AGREEMENT entered into between ___________and__________________________ Owner[/b] Lessee
[/b]For good consideration it is agreed between the parties as follows:
1. Location[/b]:
Owner hereby leases and lets to Lessee the premises described as follows: ___________________________.[/i][/b] ___ Acres Parcel #________________
2. Term[/b]: This lease shall be for a term of _____ year(s), commencing on ___ / ____________, 20__.
3.[/b] Lease Payment: Lessee shall pay Owner the annual Lease of $______________ annually during said term.
4. Utilities and Services[/b]: Lessee shall at its own expense provide utilities or services.
5.[/b] Lessee further agrees that:
a) Use of Property and buildings:[/b] This lease is solely for Lessee use of said property for hunting during state authorized hunting seasons. Owner retains all rights to said property, buildings and contents.Maintain a no hunting or shooting zone within 200 yards of any occupied building.
b) Property Damage[/b]: Any damage to said property, cutting of timber, etc. without prior written approval from Owner or inability to fulfill lease obligations may render Lessee liable for damages, forfeiture of deposit and/or eviction from use of said property. Lessee shall commit no waste to the leased property. Maintain proper vigilance aimed at preventing fires or damage by other means to the leased area.
c) Assignment or Subletting: Lessee shall not assign or sublets said premises or allow any other person to occupy or trespass the leased property without Owner’s prior written consent.
d) Alterations: Lessee shall not make any material or structural alterations to the leased property without Owner’s prior written consent.
e) Compliance with Law: Lessee shall comply with all applicable laws for the use of said property.
f) Lessee’s Conduct: Lessee shall not conduct on premises any activity deemed hazardous, or a nuisance, or requiring fire insurance premiums.
h) Right of Termination and Re-Entry: In the event of any breach of the payment of lease or any other required charge, or other breach of this lease, owner shall have full rights to terminate this lease in accordance with state law and re-enter and re-claim possession of the leased premises, in addition to such other remedies available to Owner arising from said breach.
i) Maintain proper safety procedures regarding firearms, particularly by seeing that all firearms are unloaded while in vehicles and in vicinity of all buildings.
6.[/b] Indemnity: Lessee will indemnify and hold Owner and Owner’s property--including the leased premises--free and harmless from any liability for injury to or death of any person, including Lessee, or for damage to property arising from Lessee’s using and occupying the premises or from the act or omission of any person or persons, including Lessee, in or about the premises with Lessee’s express or implied consent.Provide the Owner with a current certificate of insurance covering the Lessee, and all guests of the Lessee against damages and liabilities. Coverage shall be in at least the amount of $500,000.
7.[/b] Rights and Remedies Cumulative: The rights and remedies under this lease are cumulative, and either party's using any one right or remedy will not preclude or waive that party's right to use any other. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise.
8.[/b] Missouri Law To Apply: This agreement is to be construed under Missouri law, and all obligations of the parties created under this lease are performable in Camden County, Missouri.
9.[/b] Legal Construction: If any one or more of the lease provisions are for any reason held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of this lease, which will construed as if it had never included the invalid, illegal, or unenforceable provision.
10.[/b] Prior Agreements Superseded: This agreement constitutes the only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter.
11.[/b] Amendment: No amendment, modification, or alteration of this lease is binding unless in writing, dated subsequent to the date of this lease, and duly executed by the parties.
12.[/b] Additional Lease terms:
Lessee recognizes the inherent dangers associated with hunting, both natural and man-created. Lessee recognizes that accidents involving firearms, ammunition, falling trees, hidden ground openings, poisonous plants, and various other dangers may forcibly occur on the premises aforementioned. Lessee acknowledges his recognition of these dangers and the possible existence of dangerous physical conditions on the premises, such as but not limited to those described. With the aforementioned recognitions in mind, lessee agrees to indemnify and hold harmless landowner and all of his/her family, servants, employees and agents from all claims, suits, losses, personal injuries, deaths, property liability, and all other liability resulting directly or indirectly from or on account of activities engaged in by lessee or lessee's guests on the premises heretofore mentioned, said obligation to indemnify extending to the reimbursement of landowner for all expenses and suits including but not limited to judgments, attorney's fees and court costs.
Signed this ______ day of ___________________, 200__.
IN WITNESS OF THIS AGREEMENT, the Owner and Lessee execute this agreement as of the day and year first above written.
OWNER[/b]
[/b]_________________
By _______________________________ [signature]
____________________
________________________________ (address)
LEASEE[/b]
[/b]_________________________________ [name of Lessee]
By ______________________________ [signature]
__________________________________________________ ___________________ [address]
(_____)______- __________(Phone)