HUNTING LEASE AND INDEMNITY AGREEMENT
This Hunting Lease is entered into on {todaysDate}, between The Wilderness Christian Camp and Retreat Center, Inc. (hereinafter "Landlord"), and {hunter} (hereinafter "Tenant" or “Tenants”).
Names of all other members of Tenants hunting party or group include:
{hunterOr71}
{hunterOr}
{hunterguest274}
{hunterguest275}
Subject to the terms and conditions set forth in this agreement, Landlord does hereby grant to the Tenant and members of his/her hunting party the exclusive right to access and hunt all game species with all legal firearm and archery equipment for the state of West Virginia on a pre-specified property deeded to The Wilderness Christian Camp and Retreat Center, Inc. in the County of Jackson, State of West Virginia, (hereinafter "the Property"). This license to use the Property shall be limited to the dates specified on the tenant’s invoice. This license grants Tenant, the use of the Property listed on tenants invoice and as described above. This Lease grants no other interest in the Property other than the license specifically granted herewith. This Lease grants no other interest in nearby properties, owned or unowned, by Landlord.
In consideration of the grant of license from Landlord to Tenant as set forth herein, Tenant agrees to pay Landlord, amount listed on tenant’s invoice for the entire period, which rent shall be due on the day the license to use the property begins. The Tenant expressly acknowledges that the rent is non-refundable, including any and all down payments or deposits.
Tenant agrees to comply with the following conditions and restrictions pertaining to Tenant's use of the Property. Tenant acknowledges that the conditions and restrictions set forth herein are vital to the safety and well-being of Tenant, other allowed users of the Property, adjoining landowners and users, and the fish and game and ecology of the Property, and that failure to follow the conditions and restrictions herein will or may cause a dangerous, unsafe and environmentally destructive condition. Tenant agrees that a violation of the following restrictions shall allow Landlord, in Landlord's discretion, to immediately terminate Tenant's license as set forth herein, and to remove Tenant from the Property. Based on same, in addition to all other terms of this Lease, Tenant agrees to the following 15 conditions:
1. To obey all laws, regulations, licensing requirements, rules, and ordinances, (collectively "Laws) including all Laws pertaining to the taking of fish and game, and of the use of public and private lands, of the County of Jackson, State of West Virginia, and of the United States Department of the Interior.
2. To not create, or to allow the creation of, a nuisance, or allow any waste, injury, or destruction to the Property and all items on the Property, except for the taking of fish and game, and normal camping and uses incident thereto as allowed by Law.
3. To not use, or allow the use of, the Property for any purpose other than set forth in the use declaration above.
4. To remove all litter, trash, debris, and other materials from the Property before leaving.
5. To not construct any improvement, blind, cover, or other like item of a permanent nature, without Landlord's written permission therefore.
6. To not allow any person other than specifically set forth herein to hunt, fish, camp, or otherwise use the Property unless they have signed the document entitled “Hunting Lease and Indemnity Agreement”.
7. To not lease, sublease, rent, or re-rent the Property.
8. To not alter, or allow the alteration of, any part of the Property or any improvements on the Property.
9. To not allow the discharge of any firearm or other weapon, such that the projectile will cross any boundary of the Property, and to not cross the boundary of the Property with any loaded firearm.
10. To track and to retrieve all wounded game, and to field-dress all game where the game falls.
11. To notify Landlord of date or dates of Property use no later then two hours from the time of use, for the safty of Landlord or any party affiliated with Landlord.
12. To not damage or change any structure on the property or it’s contents therein.
13. To leave all fences and gates as found in their then condition, open if found open and closed if found closed, to enter the Property only through those gates as instructed by Landlord, and to not place any locks on gates and fences not expressly approved by Landlord in writing.
14. Where applicable, to drive only on established paths and roads, and to not drive over fields and/or rangeland.
15. To leave property in the condition it was found. This includes the cleanliness and neatness of any camping areas. Tenant agrees that if property is damaged or not left in satisfactory condition, tenant will be responsible for fees or costs related to said issues.
Tenant agrees to indemnify and hold Landlord harmless from all actions, claims, judgments, lawsuits and cross or counter claims, whether brought by Tenant, any persons affiliated with Tenant, or any third parties, resulting from Tenant's license and use of the Property, including Landlord's costs of suit and attorney's fees.
In the event Tenant makes any alterations or places any additions on the Property, any such alterations and/or additions shall become the property of Landlord and shall be deemed attached to the land. Tenant shall remove any alterations and/or additions made without the express written consent of Landlord if so requested by Landlord.
Tenant expressly acknowledges that Tenant's use of the Property is non-exclusive with respect to the grazing of livestock, agricultural use, emergency use, and other non-hunting and/or fishing uses by Landlord or any party affiliated with Landlord. Tenant agrees to not impair, destroy, threaten, or injure such other uses.
This Lease creates no rights into any sub-surface minerals, ground water, materials or deposits. Tenant expressly agrees Tenant will not engage in any mining, extraction, withdrawal, or other removal of any sub-surface materials whatsoever.
Landlord may enter onto the Property for normal maintenance and repairs, for Landlord's own use, and for purpose of inspecting the Property to insure Tenant's compliance with the terms and condition of this Lease.
Landlord expressly disclaims any warranty of fitness or merchantability with respect to the Property, and Tenant takes the Property AS-IS, with all faults, dangerous conditions, and attributes, whether known to Landlord and/or Tenant or not. Landlord makes no warranty that during the term of this Lease, there exists any game, fish, or fowl on the Property for hunting purposes.
The Landlord agrees to consider Tenant for renewal or future leases. The Tenant express acknowledges that any future agrements may be subject to differing terms or conditions, including but not limited to lease price.
The Property consists of mostly undeveloped and untamed land, including but not limited to possible brush, boulders, watersheds, flood zones, flammable material, ravines, caves, holes, rivers, poisonous animals and insects, bats, and other wild animals, all of which may be dangerous, harmful or fatal to humans and to property. Tenant acknowledges such potentially dangerous conditions, assumes all risk and liability associated with same, and agrees that Landlord will have no liability whatsoever with respect to any illness, injury, death or destruction to Tenant or Tenant's property. Tenant acknowledges that although Landlord may have a greater knowledge of the Property than Tenant, that it is impracticable and impossible for Landlord to list and/or to physically show Tenant each and every possible hazard on the Property which is unknown to Tenant, and Tenant enters onto the Property despite same and at Tenant's own risk and without liability to Landlord.
In the event of a default of this Lease by Tenant, in addition to any other remedies allowed by Law, Landlord may (i) re-enter the Property, (ii) eject Tenant from the Property, (iii) relet the Property for benefit of Tenant and to obtain rent directly from any new licensees resulting from such reletting, (iv) terminate this lease, (v) sue Tenant for any deficiency in the payment of rent and/or for any injury or damage to the Property, (vi) retain Tenant's security deposit in an amount to compensate Landlord for the breach and (vi) resort to self help and to change locks, remove Tenants from the Property, and to deprive Tenant of access to the Property by any other means.
In the event either Landlord or Tenant files any suit or other legal proceeding against the other to compel compliance with any term(s) of this Lease, to prevent or stop a breach of this Lease, to obtain a judicial interpretation of the terms of the Lease, or for any other reason, the prevailing party in such suit or proceeding shall be entitled, in addition to its damages and costs of suit, reasonable legal fees as determined by the court.
Any suit, action or legal proceeding shall be maintained in Jackson County, West Virginia. This Lease, and all rights and obligations resulting therefrom, shall be interpreted and determined under the laws of West Virginia.
This Lease constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous written and/or oral agreements pertaining to the license created herein. Any modification, alteration, or supplement to this Lease shall, to be effective, be in writing and signed both parties. Any writings and/or notices shall be delivered to Landlord and Tenant, first class mail with postage prepaid, at the respective addresses set forth below, or such other address as each party may, from time to time, instruct the other party in writing. This Lease is effective on the date first written above.
Minor Hunter or Guest:
☑ {howDoes}
If indicated above: I, the undersigned parent or guardian, hereby consent to my child (children), {firstMinor} {secondMinor}, participating in the activities connected with the above listed lease and take full responsibility for any and all actions. I UNDERSTAND AND HEREBY AGREE TO ASSUME ALL OF THE RISKS WHICH MAY BE ENCOUNTERED ON SAID ACTIVITIES, INCLUDING ACTIVITIES PRELIMINARY AND SUBSEQUENT THERETO. I do hereby agree to hold The Wilderness Christian Camp and Retreat Center, Inc. and its agents and employees, harmless from any and all liability, actions, causes of actions, claims, expenses, and damages on account of injury to my child or property, even injury resulting in death, which I now have or which may arise in the future in connection with the activity or participation in any other associated activities.