It is understood that the rights and privileges described herein are limited to the land and provisions described herein and to the undersigned Leasing Agent (Hereinafter Lessor), Landowner and Lessee(s) and are not for the benefit of any other third party, and are not assignable without express written consent of Lessor, and payment of all amounts due under this license and lease agreement.
Leasing agent (hereinafter Lessor) has, will, or has agreement(s) to obtain from Landowner, certain hunting, leasing or license rights, understandings, or agreements, regardless of whether verbal or written, which are hereby being subleased to Lessee. Under no circumstances do such rights exceed those rights obtained or to be obtained by Lessor from Landowner, and if there are any interpretations not consistent with the license granted herein, this agreement shall be amended to confirm to those rights granted by Landowner to Lessor (Leasing Agent), without further recourse. In no event will Lessee attempt to circumvent such agreements or rights, and Lessee further warrants not to attempt such circumvention and any attempt to circumvent such agreements shall be considered a breach of contract and shall immediately cause cancellation of this lease agreement, and all rights hereunder.
In consideration of being allowed to hunt and participate in other activities on the herein described property, and in consideration of payment of the sum of $_____________________________ the lessee, and their guests and invitees, are hereby granted a license to enter on and use the herein described properties to hunt, take, and harvest the following kinds of animals in accordance with the game laws of the State of Texas, and the United States: ____________________________________________________________ (Write in "game animals," deer, turkey, or whatever is allowed.)
In consideration of the rent described above, the lessor(s) hereby leases (licenses) to lessee the following described premises: __see Exhibit "A"_______ for the sole purpose and no other as described above. This lease is strictly limited to the use of the property for the activities described herein, and notwithstanding anything contained herein to the contrary, the lessee has no other rights to the use of the property.
This lease is for a one year period or less, from __________________, 1999 to ___________________, 2000, with an option to renew for a like one year period from the above date. Prices to renew may be amended to reflect current market value prices with agreement by both parties. Non-payment on due date will void any option for renewal. All lease payments are due in full in advance upon signing of lease. No refunds will be made for any reason. In certain instances, with approval of leasing agent, new lessees may be substituted for any leases cancelled.
The lessee agrees not to sublease the above described lands, nor shall lessee grant any permission to anyone who has not signed this lease to hunt or otherwise use the above described land. The lessee shall be responsible for any person hunting or using of the property under the lease. Family members may hunt under one gun, provided that only one person's legal limit of game will be allowed for each gun. Family members are defined as father, mother, son, daughter, spouse, step son, step daughter, step father, step mother. Lessee assumes all responsibilites and liabilities arising from the use of invitees of Lessor.
Lessee shall use the premises for: __________________________________________________ (Write in hunting, camping, picnicking or whatever is allowed.) purposes only. Lessee may not cut or damage trees, crops, roads or dwellings, fences, buildings or other property on the land. Lessee may not chase deer or other game with dogs, (except squirrel hunting or quail hunting with dogs, if legal, is allowed,) or to rally or chase or attempt to chase deer or other game with the use of motorized vehicles.
Lessee agrees to repair any damage he causes and to return the land and property to the lessor in its prior condition at lessee's sole cost and expense. Any mowing or other clearing of underbrush must be done in a manner not to damage any trees that have been planted.
The lessee may post signs at his own expense. Text and size of such signs is to be approved by the lessor. When placing signs lessee may not drive nails into trees or buildings. (Signs should not be offensive or create an eyesore. Lessee may not drive nails or other metal objects into trees for building deer stands or any other purpose. Any deer stands built should be temporary stand alone stands or constructed in such a way as to not damage trees or other property, and are to be removed upon cancellation or expiration of the lease.
Lessee agrees to help protect said lands from trespass and fire. Lessee will make an effort to put out, suppress or report any wildfires that may occur on the property.
Lessee shall strictly observe all wildlife laws whether state, federal, or local. Conviction of a wildlife law violation on the property, by any single member of hunting group may, at lessors option, cause cancellation of lease immediately without refund.
It is understood that the land consists of mostly undeveloped and untame land, and the lessee accepts the land in an "as is"condition and further, the lessee understands that hunting is dangerous activity and that there may be hidden hazards, including but not limited to, dangers such as holes, fence wire, snakes, wells, swamps, brush, ponds, harmful plants, poisonous animals, and insects, bats, other wild animals, unauthorized careless persons on the land, other hunters, or other risks that may be dangerous, injure him or cause death and the lessee assumes all these risks as his own responsibility, without recourse against the leasing agent or the lessor or their agents, directors, officers, assignees, or the landowner.Further, Lessee acknowledges that although Lessor or Landowner may have a greater knowledge of land or property than Lessee, that it is impracticable and impossible for Lessor or Landowner to list and/or to physically show Lessee each and every possible hazard on the property and Lessee enters onto the property despite same and at Lessee's own risk and without liability of Lessor or Landowner.
Lessee specifically acknowledges, agrees, and stipulates that the Lessee has chosen of his own free will to go hunting on the properties, and realizes there are inherent dangers from the sport of hunting, including, but not limited to, danger from other hunters, the inherent danger of injury from the use of firearms, and other dangers of any nature whatsoever, including dangers to bodily injury which may occur (such as, but not limited to, the use of hunting knives, axes, arrows, traveling by vehicle over rough terrain, getting into and out of deer stands for hunting), and the risk of such injury caused by other hunters.
Lessee agrees at all times to use extreme caution and care in protecting himself, his property, and others and their property, from accident or bodily injury which may result in such risk.
Lessee agrees to protect, indemnify, and hold Lessor, Leasing Agent, and Landowner harmless from and against any and all claims of loss, damages, liabilities, or other expense of or as a result of lessee's occupancy and activities, including, but not limited to, defending of any lawsuits caused by lessee or his guests or invitees.AS FURTHER CONSIDERATION OF BEING ALLOWED TO HUNT THE PROPERTIES, the undersigned Lessee hereby releases, waives, discharges, and covenants not to file suit against either the lessor, leasing agent, their agents, families,employees, assignees, and/or the landowner or his agents, families, employees or assignees for any and all losses, damages, injuries or other claims or demands therefor, on account of injury to any person or property of the undersigned lessee, or resulting in the death of the undersigned lessee, whether caused by the negligence of the lessor, the leasing agent or the landowner or their agents, families, employees, officers, directors, designees and assignees.
The undersigned lessee further agrees to indemnify and hold harmless the leasing agent and the landowner and their families, agents, employees, officers, directors, designees and assignees, from any loss, liability, damages or cost of any nature whatsoever, including the defending of any lawsuits filed by the lessee and or their guests or invitees, that the undersigned lessee or guests or invitees of the undersigned lessee may incur during the hunt, or the traveling to or from the hunting area, whether such is caused by the negligence of the Lessor, Leasing Agent or the Landowner.
AS FURTHER CONSIDERATION AND A CONDITION OF THIS AGREEMENT, the undersigned lessee agrees to inspect in advance the properties and to accept the condition of the properties as is, without fitness of purpose, and further agrees that lessee will report any unsafe condition immediately to the leasing agent and landowner, and further covenants and agrees not to use the property if any unsafe condition exists. Refunds will not be made for any unused properties as a result of any unsafe condition discovered after the lease is entered into by lessee. Lessee further acknowledges that Lessee and all of their invitees or guests are experienced hunters and recognizes the inherent dangers of injury which exist during hunting trips. Lessee further acknowledges that Lessee and their invitees and guests are experienced in the use of firearms and recognizes the inherent dangers of injury in the use of firearms.
Nothwithstanding anything contained herein to the contrary, as consideration of the privilege of hunting and other activities stated herein, the undersigned Lessee hereby ASSUMES FULL RESPONSIBILITY and RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, whether or not caused by negligence of any of the parties hereto.
This agreement further expressly agrees that this agreement and all exhibits hereto is intended to be as broad and inclusive as permitted by the law of the State of Texas, and that if any portion of this agreement is held to be invalid, it is agreed that the balance shall notwithstanding, continue to be in full force and effect.
This agreement shall be binding upon the parties hereto, their legal representatives, heirs, administrators, executors, successors and assigns and shall inure to the benefit of each of the parties.
This agreement contains and is the entire agreement and undertaking between the parties hereto, and there are no other agreements, representations, statements or inducements not contained or referred to herein.
This agreement is signed as to be effective in Longview, Gregg County, Texas, and it is further agreed that any suit, legal action, cause of action, claim, or other legal remedy shall be filed in Gregg County, Texas, regardless of in which county the property is located.
Lessee further agrees that lessee's use of the property is non-exclusive with the respect to the grazing of livestock, agricultural use, harvesting of timber, mining of soil, rocks, or other oil, gas, or other minerals, and Landowner retains all such rights. This lease creates no rights into any sub-surface minerals, ground water, materials or deposits or oil, gas or other related products, and Lessee expressly agrees that Lessee will not engage in any mining, extraction, withdrawal, or other removal of any sub-surface materials whatsoever. LESSEE UNDERSTANDS AND AGREES THAT THERE MAY BE OPERATIONS CONDUCTED ON THIS PROPERTY AT ANY TIME BY LANDOWNER OR OTHERS. THERE WILL BE NO REFUNDS FOR ANY DISRUPTION OF HUNTING DUE TO SUCH OPERATIONS. THERE ARE NO WARRANTIES OR GUARANTEES THAT GAME ANIMALS OR HUNTERS WILL NOT BE DISTURBED DUE TO SUCH OPERATIONS.
Lessee agrees that lands covered by this lease shall be kept free of litter at all times.
There are no warranties, either express or implied, not contained or referred to herein, as to fitness of purpose of the property, there are no guarantees of any nature whatsoever as to game animals available, and the success of the hunting is strictly at the risk and responsibility of the lessee, and there are no refunds for any funds paid.
Lessor retains the right to cancel this lease immediately and make no refunds if in his sole opinion lessee has not complied strictly with the provisions of this agreement, or becomes a nuisance or danger to any of the parties to this agreement or others, or to the landowner. Upon cancellation or expiration of this lease, lessee agrees and covenants not to lease or attempt to lease the property from any other party for a period of three years from date of expiration or cancellation of lease.
Lessor may cancel this lease for any other reason upon 30 days written notice to the lessee and in such case the lessor shall return to the lessee a pro rata share of the rent based on the unexpired portion of the lease.It is understood by the lessee that a letter of cancellation of lease shall be addressed to address shown below, by certified mail, and this will be accepted as sufficient notice by all parties named herein and after expiration of notice period all parties named will immediately cease to exercise all rights stated in this lease.
THE UNDERSIGNED LESSEE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT AND HAS HAD AMPLE OPPORTUNITY TO REVIEW THIS AGREEMENT WITH AN ATTORNEY OR LEGAL COUNSEL, AND IS SIGNING THIS AGREEMENT VOLUNTARILY, WITHOUT DURESS, AND BY SIGNATURE HEREBY ACCEPTS AND AGREES TO ALL OF THE PROVISIONS OF THIS AGREEMENT CONTAINED HEREIN.
Lessee Signature:By:_______________________________(All Members must sign)
(City, State, Zip)________________________________________
(Printed Name)________________Texas Big Game Hunting Club____________________
(Address)_____________________P. O. Box 1470_______________________________
(City, State, Zip)____________Hallsville, Texas 75650______________________
Include here a legal description of the property and include a map showing acreage of all parcels, if available.)
Property located in ______________________________County.
Description of Property______________________________________________________
Number of Guns bought:__________________________________________________