Hunting Access License Agreement
This HUNTING ACCESS LICENSE AGREEMENT (this “License Agreement”) is made as of the Effective Date between Licensor (Seller) and Licensee (Purchaser), as identified within the associated Property Listing and Reservation Confirmation, the entireties of which are incorporated into and made part of this License Agreement.
WHEREAS, Licensor owns or leases the Property, as described and defined in the Property Listing, located at the Location listed in the Reservation Confirmation, and has the right to control the use of the Property for hunting and to grant the access license set forth herein; and
WHEREAS, Licensee desires to license access to the Property for the purpose of hunting on it according to the terms and conditions set forth in this License Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
- License. Licensor hereby grants to Licensee, and Licensee hereby accepts, a non-exclusive, non-transferable, limited license (the “License”) to use and occupy the Property for the purposes hereafter provided for the License Period (as defined in Section 2). Licensee and its invitees (if allowed) are, except as otherwise specifically provided in this License Agreement, authorized to use (for their intended purpose) all other areas in and about the Location such as private roads and driveways which are necessary to access the Property as permitted by Licensor’s rules and regulations. The parties do not intend to create a lease, an easement, or any other interest in real property for Licensee through this License Agreement, and the parties only intend to create a license that is revocable at will by either Licensor or Licensee as provided herein. Throughout the License Period, Licensee shall not damage or modify the Property in any way. Without limiting the generality of the foregoing, Licensee does not and shall not have any possessory or other interest in the Property. Licensee only has the right to engage in the limited acts permitted by this License Agreement on the Property with no right in the Property itself.
- License Period. The “License Period” for the Property shall commence on the Check In Date, as listed in the associated Reservation Confirmation, and subject to sooner termination as hereafter provided, shall expire on the Check Out Date, as listed in the associated Reservation Confirmation. Notwithstanding the foregoing, this License Agreement shall be revocable by either party at any time during the License Period, provided that the terminating party delivers to the non-terminating party thirty (30) days’ prior written notice of its election to terminate. The termination notice shall state the date of termination and shall be sent in accordance with the notice requirements of this License Agreement. Either party’s termination right is subject to no default existing under this License Agreement at the time the termination notice is sent and on the actual termination date.
- Access License Fee. Licensee shall pay the Access License Fee set forth in the associated Property Listing. The Access License Fee shall be payable by Licensee to Licensor on the first day of each set period set forth in the Property Listing and Reservation Confirmation during the License Period and shall be made payable to Licensor in United States dollars and delivered to Licensor’s address specified in the Property Listing or such other address as Licensor may designate by written notice from time to time. The first payment of the Access License Fee shall be due on the Check In Date.
- Use. The Property shall be used for private hunting only by Licensee, and any other Permitted Guests listed in the Reservation Confirmation, as permitted by applicable state and federal laws, and for no other purpose. Licensee acknowledges that the permitted use does not include guiding commercial hunting trips.
- Compliance with Laws and Regulations.
- Laws. Licensee shall promptly comply with all present and future:
- rules and regulations published by the Licensor (if any); and
- applicable laws and regulations of all state, federal, municipal and local governments, departments, commissions and boards and any direction of any public officer pursuant to law (collectively, “Laws”) having jurisdiction which shall impose any obligation or duty upon Licensor or Licensee with respect to the Property or the permitted use.
- Training. Licensee acknowledges that Licensee is responsible to ensure that he or she, and any Permitted Guests, are competent in the use of firearms and other tools for use in hunting, and that the same have been properly trained in the use of his or her equipment prior to Licensee’s use of the Property.
- Laws. Licensee shall promptly comply with all present and future:
- Access. Licensee, Permitted Guests, and no others, shall have the right of access to the Property at the times and subject to the restrictions set forth above; provided, however, Licensor, its employees, contractors and agents shall also at all times have access to the Property, no consent of the Licensee being required for any such access at any time.
- Waiver of Liability; Release. LICENSEE IS AWARE OF THE RISKS AND DANGERS INHERENT IN HUNTING ACTIVITIES AND LICENSEE EXPRESSLY, VOLUNTARILY, KNOWINGLY AND WILLINGLY ASSUMES THE RISK OF DEATH OR OTHER PERSONAL INJURY OR PROPERTY DAMAGE WHICH MAY BE SUSTAINED BY LICENSEE OR ITS PERMITTED GUESTS AS A RESULT OF ITS HUNTING ACTIVITIES, WHETHER OBVIOUS OR NOT OBVIOUS, AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF ANY OTHER PERSON. Licensee acknowledges that hunting is a dangerous, potentially deadly, activity, and Licensee hereby assumes all responsibility and liability for any incident arising from its use of the Property for the permitted use, including, but not limited to, the following which Licensee knows and acknowledges to be inherent dangers of hunting and outdoor activities (the “Inherent Dangers”): bodily injury, hearing loss, vision impairment or loss, dismemberment, distress, being shot, impalement, falling trees, falling rocks, tripping, falling out of trees, injury caused by other hunters, trespassers, wild animals, domesticated animals, wells, sink holes, hidden natural dangers, hidden manmade dangers, traps, weather, snakes, insects, topography, ditches, vehicles, water hazards, drowning, food poisoning, illness, injury, or death. If required by Licensor, Licensee shall procure a waiver of liability, release, and indemnification in favor of Licensor from any invitee that it allows to come onto the Property. Licensor shall not have any liability or responsibility to the Licensee or any of its invitees in the event of any damage to or theft or loss of any equipment or property of them or to Licensee or any other person (for injury or death), and Licensee shall look to its own insurance coverage, if any, for recovery in the event of any such injury, death, damage, theft, or loss. Notwithstanding anything to the contrary set forth in this License Agreement, Licensee hereby releases Licensor and its’ partners, officers, employees, and property manager, if any, (the “Released Parties”) from any and all liability or responsibility to Licensee or anyone claiming through or under Licensee by way of subrogation or otherwise for loss or damage (including death) occurring on the Property or related to or arising from the use of the Property, even if such loss or damage shall have been caused by the fault or negligence of the Released Parties, or anyone for whom such party may be responsible. The foregoing release includes any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise as a result of Licensee’s use, or anyone using it by, through, or under Licensee, of the license granted herein. Licensee hereby releases and forever discharges the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered to Licensee or any other person in connection with an emergency during Licensee’s use of the Property. Licensor shall have no duty to provide treatment to Licensor or anyone else.
- Indemnification. Licensee (the “Indemnifying Party”) shall and does hereby agree to indemnify, defend, save, and hold harmless the Licensor, and its officers, directors, members, partners, employees, agents, affiliates, successors, and permitted assigns (collectively, the “Indemnified Parties”) against all claims made or judicial or administrative actions filed which allege that any of the Indemnified Parties is liable to the claimant by reason of:
- any injury to or death of any person, or damage to or loss of property, or any other thing occurring on or about any part of the Property, or in any manner growing out of, resulting from or connected with the use, condition or occupancy of the Property by the Indemnifying Party or its agents, partners, contractors, employees, permitted assigns, licensees, sublessees, invitees, and any other person or entity for whose conduct the Indemnifying Party is legally responsible;
- violation by the Indemnifying Party of any contract or agreement to which the Indemnifying Party is a party in each case affecting any part of the Property or the occupancy or use thereof by the Indemnifying Party; and
- violation of or failure to observe or perform any condition, provision, or obligation of or under this Agreement on the Indemnifying Party’s part to be observed or performed hereunder.
The indemnity obligations outlined herein shall survive any cancellation, expiration, or termination, for any reason, of this License Agreement.
- Assignment or Sublicensing. The license granted hereby is personal to Licensee and shall not be assigned, nor shall Licensee sublicense or otherwise permit or suffer the occupancy of the Property by any third party without the prior written consent of Licensor, which consent may be withheld in Licensor’s sole and absolute discretion.
- Alteration; Restoration. Licensee may not make any alterations, installations, additions, or improvements in or to the Property, or leave anything on the Property, without the prior written consent of Licensor, which consent may be withheld or conditioned in Licensor’s sole and absolute discretion. If Licensor’s consent is given, any alteration must be removed and the affected Property restored, at Licensee’s sole cost and expense, before the Check Out Date or sooner termination of the License Period.
- Default. If either party defaults in the performance of any of its obligations hereunder, and such default continues for more than ten (10) days after receipt of written notice from the non-defaulting party, the non-defaulting party shall have the right to terminate this License Agreement and pursue any other remedies available at law or in equity, except as otherwise limited by this Agreement. Notwithstanding the foregoing, Licensor may terminate this License Agreement immediately and without notice to Licensee if Licensor determines that Licensee is violating any Laws, rules or regulations established by Licensor, or participating in any conduct that Licensor believes endangers the safety of any person or property.
- Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENSE AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER. In no event shall Licensor’s liability to Licensee exceed the Access License Fee actually paid by Licensee to Licensor.
- Notices. Any notice, demand, request, or other communication hereunder shall be in writing. Communications may be delivered and shall be deemed to have been given by the delivering party and received by the receiving party: (i) the day of transmission if sent by email, (ii) one day after deposit with a nationally recognized overnight courier or delivery service if sent priority overnight delivery; or (iii) on the third day after the date mailed by certified or registered mail (in each case, return receipt requested and postage prepaid). Rejection or other refusal to accept, or the inability to deliver because of a changed address of which no notice was given, shall be deemed to be receipt of the notice, demand, request, or communication sent.
- Surrender. On or before the Check Out Date or sooner termination of the License Period for the Property, Licensee shall: (a) vacate and surrender full and complete possession of the Property to Licensor, and (b) remove all Licensee’s and Permitted Guests’ personal property from the Property. Any personal property left by Licensee or anyone else on the Property at the invitation of Licensee shall be deemed to be abandoned on the Check Out Date or sooner termination of the License Period, and Licensor may destroy, dispose of, sell, donate, or otherwise dispose of all such personal property in its sole and absolute discretion without liability or obligation to Licensee or any third party. The surrender obligations outlined herein shall survive any cancellation, expiration, or termination, for any reason, of this License Agreement.
- Subordination. This License Agreement and the license granted herein are subject and subordinate to all ground and underlying leases affecting the Property, and to all mortgages which may now or hereafter affect such leases or the Property.
- No Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS LICENSE AGREEMENT, LICENSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR THE PROPERTY, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Licensee agrees to accept the Property “AS-IS”, “WHERE-AS” and “WITH ALL FAULTS” on the Check In Date. Licensor shall have no obligation to make any repairs, modifications, or improvements to the Property for any reason.
- Inability to Perform. Neither party shall be responsible for delays in the performance of its obligations caused by events beyond the party’s reasonable control, including, but not limited to: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; and (d) national or regional emergency.
- Right to Relocate. During the License Period, Licensor may elect to relocate Licensee from the Property to another property (the “Substitute Property”), without the consent of Licensee, by giving Licensee at least thirty (30) days’ prior notice (the “Relocation Notice”); provided that Licensor may relocate Licensee only once during the License Period. On or before the Relocation Date set forth in the Relocation Notice, Licensee shall surrender the Property in accordance with the provisions of this Agreement. After the Relocation Date, all references to the Property shall be deemed to mean the Substitute Property, and all of the terms, covenants, and conditions hereof (including the Access License Fee) shall apply to the Substitute Property.
- Governing Law. This License Agreement shall be governed by and construed in accordance with the laws of the state where the Property is located.
- Severability. If any provision or provisions in this License Agreement is/are found to be in violation of any law or otherwise unenforceable, all other provisions remain unaffected in full force and effect.
- Binding Effect. This License Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and shall not be modified except by an express written agreement signed by a duly authorized representative of both parties.
- No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, neither the Permitted Guests nor anyone else shall be a third party beneficiary of this License Agreement.
- No Presumption in Favor of Licensee. In no event shall the terms of this License Agreement be construed in favor of one party or the other on the grounds that the agreement was drafted by that party. Both parties are aware of their right to have the agreement reviewed by an attorney, and if they fail to so they waive any favorable construction of the agreement based on that decision.