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Liability Release?

Old 07-18-2008, 05:52 PM
  #1  
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Location: Brown County, Indiana
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Default Liability Release?

I'm going to attempt to get permission to hunt the land next to my hunting land tomorrow. I'm almost positive the land owner will let me hunt it atleast with archery equipment. I printed out a liability release form but I don't speak legalise. So I'm not positive this is the form I need. So I'm going to post it and get everyones opinion on whether or not this is the appropriate form. Any input would be great.

The form reads.
GUESTS LIABILITY AND INDEMNIFICATION AGREEMENT
________________________________________ (hereinafter referred to as Guest) GUEST has been given permission to come upon the land owned by
_________________________________________ (hereinafter referred to as "OWNER").

Guest acknowledges and understands that no warranty, either express or implied, is made by the Owner as to the condition of the Owner’s Premises. This document is to warn Guest that dangerous conditions, risks and hazards may exist on the owner’s premises. Guest acknowledges that hunting and other activities on rural property such as the Owner’s Premises do have unknown hazards and risks and can result in injury or property damage to the person/persons involved in these activities. The many possibilities and sources of injury or damage are acknowledged by GUEST, and he/she comes on the Owner’s Premises with full knowledge that hazards and risks exist.
As a part of the consideration for being allowed by Owner to enjoy hunting activities on the Owner’s Premises, GUEST HEREBY INDEMNIFIES (RELEASES) OWNER from all liability for personal injury (including wrongful death) or property damage suffered by GUEST which is caused, in whole or in part, by any activity or condition on the Owner’s Premises. GUEST understands this agreement and has agreed that neither he/she, nor his heirs or personal representatives will be able to sue OWNER or his associates for any injury or property damage that GUEST suffers while on the Owner’s Premises.
GUEST INDEMNIFIES AND RELEASES OWNER FROM ALL LIABILITY.

GUEST HAS READ THIS DOCUMENT AND UNDERSTANDS IT. HE/SHE IS SIGNING IT FREELY AND VOLUNTARILY.
DATED_____________________________________________ ______________
GUEST_____________________________________________ ___________

END OF AGREEMENT




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Old 07-18-2008, 06:04 PM
  #2  
Giant Nontypical
 
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Default RE: Liability Release?

I'm no lawyer, but that sounds like it covers the landowner's butt.
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Old 07-18-2008, 06:07 PM
  #3  
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Default RE: Liability Release?

Thats the idea I want a release that protects him. Something that says if I get hurt I won't sue him. I'm pretty sure thats what that release is.
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Old 07-18-2008, 06:14 PM
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Join Date: Sep 2004
Location: Camden County, Missouri
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Default RE: Liability Release?

Heres a lease agreement that may help with some wording![/i]
[/i]
[/i]
HUNTING LEASE[/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:_________________________________

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 _____________ 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)
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Old 07-18-2008, 06:25 PM
  #5  
Nontypical Buck
 
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Default RE: Liability Release?

I have permission to hunt 9 properties in Southeast and Northeast PA, most in SE. I printed a copy close to the form you posted and asked the people if they would like me to sign it for their peace of mind. They all said know don't worry about it. That was a suprise. It don't hurt to offer though, Its shows you care and respect their rights!

Hatchet Jack$$
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Old 07-18-2008, 06:29 PM
  #6  
 
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Default RE: Liability Release?

Are you leasing or just getting permission. Maybe check your state regs as I know in Minnesota as long as a landowner is not taking payment for allowing one to hunt, there is a law that protects landowners from being held liable. Perhaps Indiana has the same thing?

Otherwise it looks ok to me. I offered something similiar to a landowner one time and it confused the old fella so much that he wouldnt sign it and I almost lost permission. I eneded up hunting there as long as he didnt have to sign anything!
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Old 07-18-2008, 06:50 PM
  #7  
Nontypical Buck
 
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Default RE: Liability Release?

Check your state code. Here in Iowa, the state code says if a landowner allows someone else to use his land for recreation and there is no money changing hands, the landowner cannot be held responsible for injuries incurred. I brought this to the landowners attention to get permission to hunt their land.
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Old 07-18-2008, 06:52 PM
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Join Date: Sep 2004
Location: Camden County, Missouri
Posts: 1,019
Default RE: Liability Release?

State laws are great and open for interpretation in court. Many hunters over the last few years have ruined relationships with landowners and made it to where landowners don't want the headache any more. Neighbor let some young people hunt his land and they lefttrash and beer cans everywhere. Its better to have an agreement to protect both parties. They have state trespassing laws too, butmany people ignore them.No respect for others land.Guess it depends on the landowner, but I would not let you hunt without a written agreement.
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