Δευτέρα 27 Δεκεμβρίου 2010

HUNTING AGREEMENT AND RELEASE FROM RESPONSIBILITY FOR PARTICIPATION IN INHERENTLY DANGEROUS ACTIVITY


HUNTING AGREEMENT AND

RELEASE FROM RESPONSIBILITY FOR

PARTICIPATION IN INHERENTLY DANGEROUS ACTIVITY

This Agreement is made and entered into as of the __________ day of

_______________, 200__, by and between ___________________________,

address ________________________________, City of _________________,

State of ____________________, (hereinafter collectively referred to as "Releasors" and him his or himself regardless of whether or not the Releasor is a male) and owners and other leasors of the property ________________________, or any affiliated landlords thereafter collectively referred to as "Releasees"). 

In consideration of being permitted to hunt, Releasor, for himself and his personal representatives,Heirs, and next of kin, releases, waives, discharges and covenants not to sue the owner or any landlords, employees or agents referred to as releases, from all liability to the Releasor, his personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim of damage therefore, on account of injury to the person or property or resulting in death of the Releasor, whether caused by the negligence of Releasees or otherwisewhile the Releasor is, for any purpose on Real Estate under control of Releasees.

The parties expressly acknowledge that there are inherent risks associated with hunting involves and entails the use of firearms, archery equipment, the use of elevated hunting stands, maneuvering through undeveloped wooded and brush covered Real Estate both while on foot and as a passenger or operator o motor vehicles including ATVs’. Additionally, Releasor assumes all risks associated with the fact that other hunters may be present both on Real Estate controlled by Releasee, as well as adjoining Real Estate. This includes the negligence of parties including and excluding the landowner or leasor.

Releasor agrees to indemnify the Releasees and each of them from any loss, liability, damage or cost Releasees may incur due to the presence of Releasor in or on Releasees property whether or not caused by negligence of the Releasees or otherwise. Releasor assumes full responsibility for risk of bodily injury, death or property damage due to negligence of Releasees or otherwise while in or on Releasees property for hunting or any other purpose.  Releasee agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by law of the resident state or any other state and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force.

Releasor further Releasees all officials and professional personnel from any claim whatsoever on account of first aid, treatment or service rendered him while hunting or on Releases controlled property or while being transported to or from Releasees controlled property.

Releasors shall use the Real Estate only for the purposes of ___________________ hunting of whitetail deer and/or _____________________________. Releasors shall comply with all state and Federal laws.  During the term of the release, Releasor or his agents, successors, and assigns shall not use or be in possession of any controlled substances or alcohol.   Releasor shall not consume alcohol, other than at lodge or campsite, or be under influence of the same while hunting. If the Releasors are in violation of this prohibition, it will result in a breech of this agreement and revocation of any permission to hunt or other rights. Releasors shall hunt only on the Real Estate described as   ____________________________________________________________ _______________________________________________________________________,

The Releasors shall not cross any existing fence lines to access adjacent property without consent of the Releasees. Releasors are permitted to use all terrain vehicles but will be held responsible for any damage to Real Estate. Releasor will also be responsible for any damage caused to lodges or campsites, farm animals crops fences, farmland, roads, farm equipment, and any other property owned by the Releasee landowner or leasors.

Releasors will hunt only on Real Estate described herein and in the location designated by Releasee. Releasors will use a safety harness or safety belt when using a tree stand. Releasors may provide their own tree stand.  The location may be designated by the Releasees.  Releasors shall protect, indemnify, save harmless and defend Releases from and against any and all claims, damages, penalties, causes of action, liabilities, obligations, costs and expenses, and including, without limitations, attorney’s fees and expenses, imposed upon, incurred by or asserted against Releasors by reason of any accident, injury to or death of persons occurring on or about the Real estate for the purposes described in this Agreement. Releasees agree that they shall, prior to allowing any person to hunt on the Real Estate, obtain from each such person and Indemnification Agreement releasing and indemnifying Releasors and Releasees from any and all liability arising out of or in connection with said person hunting upon the Real Estate.

Releasor further agrees to the following Rules of the Releasee:

         1. Releasor agrees to report all deer harvested or wounded to the owner Releasee or his representative as soon as possible.
         4. Releasor agrees to respect other hunters, guides, landowners and property.  Should Releasor violate any of these rules, Releasee may at the option of the Releasee, eject Releasor from the Real Estate and retain all funds posted by Releasor. Releasee’s failure to eject Releasor or any other Releasor or licensee of Releasee shall do nothing to nullify or void the promises contained herein.

Releasor further states that he has carefully read the above release and knows the contents of the release and signs this release as his own free act.  This release contains the entire agreement between the parties to this agreement and the terms of this release are contractual and not a mere recital.

Dated this __________ day of ___________________________________.



RELEASEE

 By ___________________________________(SEAL)

Authorized Agent

 RELEASORS



_____________________________________(SEAL)

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