|
Release of Liability and Acknowledgment and Acceptance
of Dangers, Risks and Hazards of Hunting Lease
By signing this agreement, I hereby acknowledge that I have knowingly and willingly
entered a Hunting Lease Agreement, or become a party bound by
the terms and conditions of a Hunting Lease Agreement by and
between _____________,et al. (hunter, hereinafter the Lessee, whether
one or more) and _______________, et al. (landowner/lease
manager, hereinafter the Lessor, whether
one or more) dated _____________, 20__.
I further acknowledge and understand that no warranty, either
express or implied, is made by the Lessor as to the condition of
the hunting lease (hereinafter the leased premises) located in
_______________ County, Texas, or of any roads, buildings, gates
or other improvements located thereon. This document serves to warn me
that dangerous conditions, risks and hazards do exist. My
presence and activities on the leased premises expose both me
and my property to dangerous conditions, risks and hazards,
including but not limited to: poisonous snakes, insects and
spiders; blinds and tree stands, whether or not erected by
Lessor; erosion and general condition of the land, both on and
off roadways or senderos, creating rough, hazardous and
dangerous driving and walking conditions; animals both wild and
domestic that may be diseased and/or potentially dangerous; deep
water; persons with firearms both on or off the leased premises;
and the use of vehicles. I hereby state that I expressly assume
all such dangers, risks and hazards.
In consideration for the right to enter the leased premises,
I hereby release and agree to protect, indemnify and hold
harmless the Lessor and his or her respective heirs, agents,
employees and assigns from and against any and all claims,
demands, causes of action and damages, including attorneys'
fees, resulting from any accident, incident or occurrence
arising out of, incidental to or in any way resulting from the
use of the leased premises and all improvements thereon, whether
or not caused by the Lessor's negligence or gross negligence.
This release applies during the time that I am permitted on the
leased premises. I hereby further covenant and agree that I, my
heirs, successors and assigns will not make any claim or
institute any suit or action at law or in equity against the
Lessor or his or her respective heirs, agents, representatives,
employees, successors or assigns by reason of conditions of the
leased premises or activities occurring thereon.
I hereby further understand and agree to abide by all the
rules, provisions and terms of this Hunting Lease Agreement as
set forth by the Lessor, if any (see attached). It is
understood that the Lessee will be in breech of this agreement
in the event that the Lessee fails to follow those rules and
terms as set forth in the attachment. I further agree to
abide by all state game laws as set forth by the Texas Parks
& Wildlife Department. In addition to state game laws,
Lessee agrees to abide by all local, state, and federal laws
while on the leased premises. As the Lessee, I understand
that failing to do so may void this agreement, and the agreement
may then be cancelled at the sole discretion of the Lessor.
In that unlikely event, I further agree to forfeit any and all
present and future claims to the leased premises in regards to
the remaining term of the original agreement.
As used in this release, the terms I, my person and myself
include minors in my care while on the leased premises.
Date and signed this _____day of ___________, 20___.
_________________________
_________________________
(Lessee's Signature) (Lessee's Printed Name)
____________________________
____________________________
(Lessee's Address)
This waiver form was originally presented by the late Dean Patton, an
attorney with Morrill, Patton and Bauer in Beeville, at the 13th
Advanced Real Estate Course sponsored by the Texas State Bar in
1991. It has been edited by DeerTexas.com, Inc. and the Real Estate Center at
Texas A&M University and is offered as a sample
only.
|