STATE OF ALABAMA

COUNTY OF ____________

HUNTING LEASE

This lease made by and between _______________________________, hereinafter referred to as LESSOR, and ______________________________, hereinafter referred to as LESSEE.

Lessor does hereby let and lease to Lessee, and Lessee does hereby lease from Lessor, for the term and on the conditions hereinafter set out, the exclusive right and privilege for Lessees and their invitees and licensees only, for the purpose of hunting and taking legal game during legal hunting seasons, the property consisting of __________ acres, more or less, which is described in "Exhibit A" which is attached hereto and made a part hereof. 

The use of all or any part of said land above described by the Lessee for the aforementioned purposes shall be to the extent necessary for said purposes, and to the extent not necessary, the remainder of possession and use of all parts of said land shall belong to Lessor, his agents, employees, tenants, lessees, and assigns. This lease is subject to the following terms and conditions:

l. This lease shall be subject to any and all operations and developments, uses and occupations in, on, and from the land above described, or any part thereof, which may now or any time hereafter be carried on by the Lessor, his tenants, or assigns, and neither Lessor, his heirs, agents, employees, tenants or assigns shall be liable to Lessee, their agents, invitees or licensees for injuries and/or death to person or damage to property by reason of any of their operations, uses and occupations conducted by Lessors on said premises, when carried on in the usual and ordinary manner customarily employed in such operations, uses and occupations. The leased premises may be fully and freely used by the Lessor for lumbering, timbering, farming and all other lawful purposes, whether of the same or similar kind.

2. Lessee agrees to indemnify and hold Lessor harmless for any loss, damage, liability or expense, including a reasonable attorney's fee, arising from personal injury or property damage to any person, including Lessor, his contractors, agents, servants and employees, occurring as a direct or indirect result of Lessees' occupancy and activity on said land and irrespective of any negligence or act which contributed in any way, by Lessor, his contractors, servants, agents, and employees to said injury or loss.

3. Lessee, for himself, his invitees and licensees, covenants and agrees to fully comply with all the laws of the State of Alabama and of the United States, now in effect, or hereafter enacted, and all rules and regulations lawfully promulgated and issued thereunder, in respect to hunting on the demised premises and the conservation of wildlife and the natural resources therein and thereon. It is fully understood and agreed that nothing herein contained shall be construed, claimed or asserted as granting unto Lessee any right or privilege in respect to hunting, other than that which the Lessor has the lawful right to grant, lease, let and demise. A violation of said rules and regulations shall at Lessor's election and option, be cause for an immediate forfeiture and termination of this lease.

4. This lease shall take affect upon execution of the lease, and shall expire on June 31, 200__. The lease can be renegotiated for a 3-year term following said term.

5. Lessee agrees to pay as rental for said terms the sum of $__________ per year payable upon execution of contract. 

a. A sum of $________________ payable on July 1, 200__.

b. A sum of $________________ payable on July 1, 200__.

6. Hunting of deer with dogs is expressly prohibited.

7. Lessee covenants and agrees to pay all taxes, levies, and assignments, upon all or any part of their interest herein should such interest be levied or assessed. This does not include property taxes.

8. Lessee shall not assign this lease.

9. The obligation of Lessee hereto shall not be released or diminished, or in any way affected by any indulgence granted by Lessor, or by any failure of Lessor to enforce any provision of this lease, or any modification, revision or supplement thereof, or by failure of Lessor to notify Lessee of any default in the performance thereof, or by any action or non-action of Lessor, or by the release of any party or parties liable, or who might be liable thereon; and Lessee hereby consents to all indulgences, to all such failures to enforce, and to all such actions or non-actions of Lessor, or to the release of any party or parties liable, or who might be liable thereon; and hereby waives all notice of default.

10. In the event of default by Lessee of any of the conditions and provisions herein contained, at the election of Lessor, this lease may be canceled and terminated, and all sums paid by Lessees hereunder shall be retained by Lessor as liquidated damages and as a penalty for said breach, and the Lessees shall thereafter have no further rights hereunder, any other provision herein contained to the contrary notwithstanding.

11. Lessor specifically and particularly reserves the right to burn or clear the above described property and to cut and remove timber and trees on said property from time to time at any time at the sole discretion of Lessor.

12. This lease may be terminated by the Lessor or Lessee at the end of the first year of this lease by delivering to the other party of the lease a written intention to terminate the lease on or before May 15 of said year. Upon sale of the property during the lease term, the lease may be terminated or continued at the option of the purchaser of the property.

13. Policing of the property for trespassers will be the sole responsibility of the Lessee. The Lessor assumes no responsibility for trespassers or illegal hunters. The Lessor grants unto the Lessees the right to place posted signs on the property, and the right to construct gates on any roads leading into the property, so long as the Lessee provide the Lessor and the Lessor's agent with a key to said gate. No gates consisting of only a single cable stretched across a road will be permitted.

14. Lessee and his designated parties shall be permitted to construct deer stands and blinds and put up tree stands on the lease premises. However, no deer stand shall be constructed in a manner that damages any of the trees located on the lease premises.

15. Lessee agrees to keep complete and accurate records of all deer and/or turkey taken on the leased premises and report the same to the Lessor's agent at the end of the hunting season.

16. Lessee agrees to permit no material waste on the lease premises, to remove all material refuse and litter they deposit thereon, and particularly, Lessee agrees not to throw out beverage containers on the lease premises.

17. Lessee agrees not to grow, manufacture, or produce any illegal drugs on the property, and in the event that the Lessee discovers any illegal drugs growing or being manufactured on the property, Lessee will notify the Sheriff of the county in which the property is located.

18. Lessee, for himself, his invitees, and licensees, covenant and agree that the rights granted hereunder will be so exercised as not to injure, damage or destroy any trees, crops, livestock, buildings, fences, roads, or the improvements on said lands. Lessee further agrees to be responsible for any damage done by itself, its invitees, or licensees, to any trees, livestock, crops, buildings, fences, roads, or other improvements on said lands. Lessee agrees to leave all roads on the property in a condition at least as good as they were in when the Lessee first entered the property.

19. The Lessee shall, at Lessee's expense, obtain and keep current a hunting liability insurance policy in the amount of $1,000,000 covering their hunting activities with coverage satisfactory to Lessor, which policy shall name Lessor as additional insured. Lessee will provide Lessor with documentation of said hunting liability insurance policy.

20. Any movable structures that Lessee may place on subject property can be removed from property at any time by the Lessee. At the conclusion of the lease term, Lessee shall have 30 days to remove such structures from the property.

 

IN WITNESS WHEREOF, Lessor and Lessee have affixed their signatures and seals this the _______ day of _____________, 200__.

WITNESS:    LESSOR: 
________________________________ ________________________________
LESSEE:
________________________________ ________________________________

 


INDEMNIFICATION AGREEMENT

In consideration of the Lessor's leasing of the premises, the undersigned Lessees do hereby indemnify and hold harmless the Lessor from and against all liability for injury or damage to Lessees, their invitees, or trespassers, resulting from the negligent or wanton acts or omissions of Lessees or their invitees in exercising the rights granted under this lease. Lessees further agree to defend and hold harmless Lessor and his agent from any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the premises by any person, unless caused by Lessor's negligence.

IN WITNESS WHEREOF, the undersigned Lessees have set their hands and seals on this the _______ day of _____________, 200__.

 

WITNESS:   
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"E X H I B I T    A"

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