A Hunting Lease Agreement is a legally binding contract between a landowner (Lessor) and a hunter or a group of hunters (Lessee). This agreement grants the Lessee the right to hunt on the landowner’s property for a specified period, in exchange for a fee. It details the terms and conditions of the lease, including the types of game that can be hunted, lease duration, payment terms, and the rights and responsibilities of both parties.
Why Use a Hunting Lease Agreement?
- Defining Access Rights: Specify when and where hunters can access your property.
- Ensuring Compliance: Outline the legal game species and hunting seasons, ensuring compliance with state and federal laws.
- Protecting Property: Establish rules about the use of vehicles, camping, and any construction on the property to prevent damage.
- Setting Clear Expectations: Clearly state the number of hunters allowed, guest policies, and liability insurance requirements.
Key Components of a Hunting Lease Agreement
1. Parties Involved
Landowner and Hunter(s).
Can I Limit the Number of Hunters on My Property?
Absolutely. The agreement can specify the maximum number of hunters allowed on the property at any given time, including guests.
2. Property Description
Provide a detailed description of the property, including acreage, terrain, and any specific features relevant to the lease.
3. Lease Duration
Define the start and end date of the lease, with options for renewal.
Can a Hunting Lease Agreement Be Renewed?
Yes, most Hunting Lease Agreements include a renewal clause that allows for automatic renewal unless either party provides a notice of non-renewal within a specified timeframe.
4. Lease Payment
State the rent amount, payment frequency, and payment terms. Note that rent is usually determined per acre.
5. Maintenance of the Property
Outline the responsibilities of the Lessee for maintaining the property, including trash removal, road upkeep, and preserving any existing structures or natural features. Specify any particular requirements for the care of the land to ensure it remains in good condition throughout the lease term.
6. Hunting Rights Granted
List the types of game animals allowed to be hunted.
What Does “Game” Mean in Hunting?
Game, also known as quarry, refers to any wild animal pursued for its meat, recreational sport, or as a trophy.
7. Access and Use
Detail where hunting is allowed, restrictions on weapon types, and any rules regarding vehicle use, camping, and fire usage.
Allowed Activities: For example: You may hunt, trap, and fish on the property, though certain weapon restrictions may apply (e.g., “firearms prohibited, crossbows permitted”). Camping is permitted with the ability to build structures and start fires, provided you remove all waste.
8. Liability and Insurance
Include clauses that require the Lessee to obtain liability insurance and indemnify the landowner.
Is Liability Insurance Mandatory for a Hunting Lease Agreement?
Yes, liability insurance is typically required to protect both the landowner and the hunters. The Lessee should provide proof of insurance, and the landowner should be listed as an additional insured on the policy.
What Is a Release of Liability Waiver, and Why Might a Landowner Require It?
A Release of Liability waiver is a legal document that requires hunters to acknowledge and accept responsibility for any risks or injuries that may occur while hunting on the property. By signing this waiver, hunters agree to hold the landowner harmless for any claims or liabilities that may arise. Landowners may require this waiver for added protection against potential legal issues or financial claims related to hunting activities on their land.
Termination Clause
Conditions under which the lease can be terminated by either party.
What Happens if the Lessee Violates the Terms of the Agreement?
If the Lessee violates any terms of the Hunting Lease Agreement, such as overharvesting game or not following safety protocols, the Lessor has the right to terminate the lease immediately. The agreement should include specific penalties or forfeitures in case of breaches.
Where to Get Hunting Liability Insurance
If you’re looking to obtain hunting liability insurance, there are several options available, ranging from specialized insurance providers to broader, more traditional insurance companies. Here’s where you can find the right coverage:
1. Specialized Hunting and Outdoor Insurance Providers
These companies focus specifically on hunting, fishing, and other outdoor activities, offering tailored policies that meet the unique needs of hunters and landowners.
- Outdoor Underwriters: Specializes in hunting lease liability insurance for both landowners and hunt clubs.
- Hunt Insurance: Provides various insurance products for hunters, including liability coverage, to protect against the risks associated with hunting activities.
- American Hunting Lease Association (AHLA): Offers hunting liability insurance that covers landowners, hunt clubs, and individual hunters, with policies designed to be affordable and comprehensive.
2. Traditional Insurance Companies
Many well-known insurance companies offer liability insurance that can be customized to include hunting activities. These companies often provide a broader range of coverage options.
- State Farm: Known for offering comprehensive liability coverage, including options that can be tailored to include hunting-related risks.
- Farmers Insurance: Offers various liability insurance products that can be extended to cover hunting activities, especially for landowners who lease their property.
- Nationwide: Provides personal liability policies that can be adjusted to include hunting activities, offering protection for both hunters and landowners.
3. Hunting Associations and Organizations
Many hunting associations offer insurance as part of their membership benefits or through partnerships with insurance providers.
- National Rifle Association (NRA): Members can access liability insurance specifically designed for hunters and shooters.
- National Wild Turkey Federation (NWTF): Offers liability insurance options for members, focusing on hunting and conservation activities.
- National Deer Association (NDA): Focused on deer hunting and conservation, the National Deer Association offers liability insurance to its members. This coverage is designed to protect landowners, hunting clubs, and individual hunters from the financial risks associated with hunting accidents or injuries on leased land.
Customizing Your Hunting Lease Agreement
Every property and hunting arrangement is unique, which is why your agreement should be customized to fit your specific needs. You can include special conditions such as:
- Harvest Reporting: Require Lessees to report the game they harvest.
- Safety Requirements: Specify safety protocols, such as mandatory hunter-orange clothing or restrictions on tree stand placements.
- Guest Policies: Limit the number of guests and require prior notification for guest hunters.
Hunting Lease Agreement Sample
