Terms and Conditions
- The exercise of this License by Licensees and their agents, servants, employees, members and guests shall comply with all wildlife game and fish laws, statutes and regulations of the United States and the State in which the Premises is located and all other governmental laws, statutes and regulations.
- Licensees and their agents, servants, employees, members and guests will exercise due care to prevent, control and eliminate forest fires, will not cause or permit damage or injury to fences, crops, trees or equipment and will not commit, suffer or permit waste, damage or injury in or to the Premises.
- No commercial hunting or fishing activities or operations by Licensees or their agents, servants, employees, members or guests shall be permitted on or from the Premises.
- Licensees shall not sell, directly or indirectly, any hunting or fishing permit or any other right or privilege hereunder or in the Premises, or assign any or all of the rights and privileges of Licensees granted hereunder without the prior consent of Licensor, which consent may be withheld by Licensor in its sole discretion. Licensor shall have the right in its sole discretion, to sell, transfer or convey the Premises and the rights and privileges of Licensor under this License. Subject to the foregoing limitations, this License shall bind and inure to the benefit of Licensees and Licensor, and their respective heirs, successors and assigns.
- At any time during the Term, Licensor shall have the right, upon notice to Licensees, to immediately revoke and terminate this License and the rights and privileges of Licensees hereunder. In the event of the termination of this License by Licensor pursuant to this Section 5, Licensor agrees to refund to Licensees a prorated portion of the consideration paid hereunder by Licensees as follows. if Licensor terminates the license on or before November 15, 50% of the license fee will be refunded; if Licensor terminates this License between November 16 and December 31, inclusive, 25% of the license fee will be refunded; if Licensor terminates this License between January 1 and February 28, inclusive, 10% of the license fee will be refunded; and if Licensor terminates this License after February 28, none of the license fee will be refunded. Licensees shall have the right upon thirty (30) days prior notice to Licensor to terminate this License, in which event no portion of the license fee shall be refunded to Licensees, regardless of the date of termination.
- Neither Licensor nor its successors, assigns, agents, servants or employees shall have any responsibility or liability to Licensees or their agents, servants, employees, members or guests for any claim, loss or injury to person or property, in any manner caused or resulting from anything done or omitted or in any manner arising hereunder and Licensees hereby jointly and severally agree and bind themselves to indemnify and hold Licensor and its successors, assigns, agents, servants and employees harmless from all such claims, losses, liabilities, injuries or expenses (including, without limitation, attorneys fees and court costs), whether in favor of or to, Licensees or their agents, servants, employees, members or guests whether such claim, loss, liability, injury or expense is caused by, or arises out of the negligent act or omission of the Licensor or its successors, assigns, agents, servants, or employees or those authorized by the Licensor to go over or upon the Premises.
- At all times during the Term of this License, Licensor, at the cost and expense of Licensees, shall maintain a liability insurance policy specifically applicable to the Premises insuring Licensor and Licensees as their respective interest may appear. The liability insurance shall contain limits of no less than $1,000,000.00 for bodily injury and/or property damage per each occurrence. Licensees shall abide by any guest requirement established by the insurance company under the liability insurance policy and failure to do so shall automatically cancel this License at the time as the guest requirement is violated. Licensees may not enter upon the Premises until Licensees have delivered a copy or certificate of such insurance coverage to Licensor.
- Upon or before the execution of this Agreement, Licensees shall pay the Licensee Fee to Licensor by delivery to Licensor's Agent.
- Without the prior written consent of the Licensor, no camping shall be permitted on any part or parts of the Premises and any camping areas approved and designated by Licensor shall be kept clean and litter free at all times during the Term.
- Other than Licensees, Licensees covenant and agree that no person whatsoever shall at any time be allowed on the Premises by Licensees or shall be permitted to exercise any right or privilege under this License. No guest of Licensees shall at any time be allowed on the Premises nor be permitted to exercise any right or privilege under this License.
- If Licensees desire to post any or all of the Premises, Licensees agree to use only posting signs approved by Licensor and to locate the posting signs in areas approved by Licensor. Licensees shall pay all costs incurred in installing and maintaining all the posting signs. All posting signs shall be removed from the Premises by Licensees prior to the end of the Term.
- Licensees acknowledge that the grant of the License hereunder shall not be deemed to convey to Licensees any interest, right or title in or to the Premises and that without the prior written consent of the Licensor, no structures of any kind or character shall be permitted at any time on any part or parts of the Premises, and no nails or spikes or other objects shall be driven into or otherwise attached or fastened to any tree on Premises. With the exception of the establishment of wildlife food plots in accordance with Section 17 hereof, Licensees shall not harrow, plow, cultivate, clear, or perform any other type of land improvement on the Premises.
- Any and all debris and garbage shall be removed by Licensees from the Premises prior to the end of the Term. Licensees will not dispose of any garbage or debris on the Premises. Licensees will promptly report to Licensor any garbage or debris disposed of on the Premises by others.
- Licensor shall have the full free and absolute right and authority, by itself or its agents, servants and employees, and others from time to time authorized by licensor or its agents, servants or employees, to go on, upon and over the Premises for any purpose or purposes including, but not limited to, planting, cutting timber (both thinning and clear cutting), protecting, caring for and dealing with any part or parts or all of Premises and neither Licensees nor anyone else shall have any right, power or privilege to prohibit, block or in any manner interfere therewith or to block, obstruct or interfere with any road or route used or useful for or in connection with such road or route into, on or through the Premises. Neither Licensees nor their agents, servants, employees, members or guests shall have any right under this License to prevent any agent, servant or employee of Licensor from traversing the Premises. Licensees shall have the right to prevent others from exercising the hunting and/or fishing rights granted herein.
- It is expressly agreed and understood that any and all maps, drawings, photographs, sketches, or tracings of the Premises, or any part or parts thereof may not be accurate, but are only estimates and furnished only as an accommodation, and are to be taken and used only as general guides and not as establishing boundary lines of the Premises. Licensees shall be charged with the responsibility of locating the exact boundary of the Premises and shall under no circumstances enter upon the property of others without the consent of such landowner.
- Licensees shall keep, and shall cause all of their agents, servants, employees, and members to keep, the Premises free of all petroleum products, flammable explosives, radioactive materials, asbestos or material containing asbestos, polychlorinated biphenyl and/or any hazardous, toxic or dangerous waste, substance or material defined as such or as "Hazardous Substance" or any similar term under or pursuant to any federal, state or local statute, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning environmental matters. Licensees shall give Licensor prompt notice in the event Licensees become aware that any such substance has been released on the Premises. Licensees hereby jointly and severally agree to indemnify and hold Licensor and its successors, assigns, agents, servants and employees harmless from any and all liability, costs, expenses including, without limitation, attorney's fees, damages and injuries incurred or suffered by Licensor or its successors, assigns, agents, servants or employees as a result, direct or indirect, of Licensees' failure to comply with the provisions of this Section 16.
- With the prior written approval of Licensor, which approval may be withheld in the sole discretion of Licensor, Licensee may establish, at Licensee's sole cost and expense and in full compliance with all applicable laws, statutes, rules and regulations, wildlife food plots on the Property for the sole purpose of attracting and feeding deer, turkeys and other wildlife. Licensor shall have the right to approve the location and size of each wildlife food plot and the species of plant to be planted in the plot area. Licensee covenants and agrees that neither the installation nor the maintenance of any wildlife food plot shall damage, destroy or otherwise adversely affect any trees or seedlings located on the Property. Licensor may require Licensee to remove any such wildlife food plots on the Property at any time upon notice to Licensee, and in the event such wildlife food plots are not removed within ten (10) days after Licensee's receipt of such notice, then Licensor or Licensor's Agent may remove at the cost and expense of Licensee, such wildlife food plots without any liability to Licensor.
- If a 'No Hunting Zone' or 'Restricted Area' is located within the Premises as shown on Exhibit "A" attached hereto and by this reference made a part hereof (the "No Hunting Zone") , then Licensees shall be strictly prohibited from using any firearm within the No Hunting Zone. Furthermore, if the No Hunting Zone is surrounded on all sides by the Premises, this may indicate that Licensor does not own this land, and Licensees shall be charged with the responsibility of determining whether this License covers such land (and if it does not, then Licensees are prohibited from entering such No Hunting Zone for any reason whatsoever). Signs indicating the location of the No Hunting Zone may or may not be located along the entire boundary of the No Hunting Zone. This prohibition includes, but is not limited to, shooting of firearms and any other hunting equipment, paraphernalia, or weapons (collectively, "weapons") into or over the No Hunting Zone and location of stands for hunting purposes within 100 feet of the No Hunting Zone boundary. Retrieval of injured game from the No Hunting Zone that is owned by Licensor is permitted as long as weapons are not brought within the 'No Hunting Zone' boundary during such retrieval. Exhibit "A" may contain additional restrictions regarding the No Hunting Zone.
- As a material consideration for Licensor to enter into this Agreement, Licensees agree to immediately report to Licensor in writing (i) any potential trespass by third parties on the Premises, (ii) any dumping of trash or other materials (hazardous or otherwise) on the Premises, (iii) the appearance of any drug paraphernalia on the Premises (including, without limitation, drug labs), (iv) the growth of any legal or illegal crops or plants (other than trees) on the Premises, (v) any apparent boundary line encroachment into the Premises by a third party, or from the Premises into an adjoining property, and (vi) any other unusual situation that would be of concern to a reasonable property owner. Licensees acknowledge that Licensor's ability to monitor all of its timberland holdings is limited and one material incentive to Licensor to enter into this Agreement is to assist Licensor keeping informed as to the status of the Premises.
- Any violation of the provisions of the License by Licensees or their agents, servants, employees, members or guests shall at the option of Licensor, terminate this License, and Licensor shall thereafter have no duty or obligation to refund or repay any part of the consideration for this License. No failure to exercise such option and no waiver by Licensor of any right or privilege shall operate as a waiver of any right, option, power, or privilege as to any other, further, or future violation.
- Licensees acknowledge that Licensor owes no duty of care to Licensees nor any duty to warn Licensees of any conditions on the Premises. Licensees accept the Premises AS-IS and WHERE-IS, and with all faults and hazards.
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