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Draft Hunting Lease Agreement

The following is the form and substance of all hunting leases used by the owner.

The owner grants to the applicant for the sum of $______, payable in advance, the right to hunt and shoot, under and subject to the conditions hereinafter set forth, at such times as it may be permissible to hunt and shoot under the laws and regulations of the United States and The State of Ohio in force and effect, between myself (the landowner) and (name of hunting club or person) on the tract or tracts of land described as follows:

(Attached and part of this agreement is the description of the land and water area where hunting is permitted: county, road #, deed #, acres, sketch map and other maps and data)

Continued use of the property and resource for the above-stated period is subject to the following conditions:

1. That the rights herein granted are restricted solely to hunt, shoot, and otherwise use the land and resources of the area as herein provided.
2. That hunting is prohibited within 200 yards of any occupied dwelling or within any designated safety zone.
3. That the right to hunt and shoot is subject to any rights that the landowner may care to exercise over the lands. Agricultural and forest management activities will take precedence over hunting activities.
4. That you will post the boundaries of the property and hunting units with durable signs that include the name and address of your hunt club.
5. That you will exercise due care to prevent forest fires on the property, that no timber will be cut, used, or destroyed on the lands, and that you will not make or suffer any waste thereon.
6. That you will assist in extinguishing any wildfires on the property, without cost to the landowner, if the fire occurs when you are using the tract.
7. That you will conform strictly with Local, State, and Federal laws and regulations governing hunting and shooting. You will report all violations of laws and regulations, and assist law enforcement officers. If the hunting season begins after the date this lease commences, or ends prior to the termination of this lease, the term of this lease will be reduced to conform with applicable regulations.
8. That you and all members of your organization using the property will sign this lease and that any failure on your part to do so will subject you to liability under the provisions of Paragraph 9 hereinafter. Each member shall have in their possession a member card valid for the current season listing his or her name and signed in ink by the club president or his or her representative. Others using the property with your permission will be issued a signed card granting permission to hunt on which card the Permittee will indemnify the landowner according to provisions of Paragraph 9.(the next paragraph)
9. That the landowner assumes no responsibility for your safety in the exercise of the rights granted by this agreement thereby and you hereby assume all of such responsibility. The landowner shall not be liable for any injury or death incurred by you either while on the property or while making use of rights-of-way to or from the property or while making use of any transportation facilities which may be provided to, from, or over the property. You will indemnify and hold harmless the landowner from and against any claim, loss, cost, or damage whatsoever caused by or arising from your operations on the property or your failure to comply with any of the conditions of this lease including failure to obtain all necessary signatures such as set forth in Paragraph 8. Each of you will be jointly liable to indemnify and hold the landowner harmless pursuant to this Paragraph 9.
10. That any and all camp sites, club house grounds or gathering places on the property should be kept free of litter. Receptacles for trash may be placed in such areas as noted above and emptied by club members at a legal landfill or in community-serviced dumpboxes.
11. That vehicles will be parked in designated areas. Use of roads will be restricted to dry weather conditions. Down-hill vehicles have the right of way and safe passing of vehicles is essential. You will honor all locked gates.
12. Nesting, breeding, feeding, or resting wildlife will not be disturbed. (There may be human emergency situations as exceptions.)
13. Migratory waterfowl may be taken only by the aid of dogs, blinds, artificial decoys, manually or mouth-operated bird calls; with longbow and arrow, with shotgun (not larger than No. 10 gauge and incapable of holding more than three shells) fired from the shoulder, and by means of falconry. Hunting migratory waterfowl from a boat or other craft having motor attached is permitted if such craft is fastened within or tied immediately alongside any type of stationary hunting blind or beached or resting at anchor. A motorboat, sailboat, or other craft may be used to take migratory birds when used solely as a means of picking up dead or injured birds.
14. Migratory game birds may not be taken -
    · With trap, net, snare, crossbow and arrow, rifle, pistol, swivel gun or machine-gun
    · With a shotgun of any description originally capable of holding more than three shells, the magazine of which has not been cut off, altered, or plugged with a one-piece filler, incapable of removal without disassembling the gun, so as to reduce the capacity of said gun to not more than three shells in the magazine and chamber combined
    • From or by means, aid, or use of a sinkbox, motordriven conveyance, motor vehicle or aircraft of any kind
    • By use or aid of livestock as a blind or means of concealment
    • From horseback
    • By the use or aid of live birds as decoys
    • By the use or aid of recorded bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds
    • By means or aid of any motor driven land, water or air conveyance or any sailboat used for the purpose of or resulting in the concentration, driving, rallying or stirring up of waterfowl
    • By the aid of baiting or on or over any baited area. As used here "baiting" shall mean the placing, exposing, depositing, distribution or scattering of shelled, shucked or unshucked corn, wheat or other feed so as to constitute for such birds a lure, attraction or enticement to, on or over any area where hunters are attempting to take them; and "baited area" means any area where shelled, shucked or unshucked corn, wheat or other grain, salt or any other feed whatsoever capable of attracting such birds is directly or indirectly placed, exposed, deposited, distributed or scattered. Nothing here shall prohibit the taking of such birds on or over standing crops, flooded standing crops (including aquatics), flooded harvested crop lands, grain crops properly shocked on the field where grown or grains found scattered solely as the result of valid agricultural operations or procedures.
15. Every migratory game bird wounded by hunting or reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit.
16. No person shall kill any migratory game bird without making a reasonable effort to retrieve the bird or include it in his or her daily bag limit.
17. It is unlawful for a leasee or any family member or guest of the leasee:
    • To shoot from or across a public highway.
    • To hunt or shoot at or kill game birds from a boat, automobile or other vehicle propelled by mechanical power.
    • To have in possession while in the field or in transit to final place of consumption, storage, or shipment any dressed game bird which does not still have attached one fully feathered wing or other readily discernible evidence of species and/or sex.
    • To shoot at, hunt or kill any game bird including waterfowl except blue, ruffed and spruce grouse with a rifle or pistol of any kind, including an air rifle or pistol.
    • To hunt with the aid of an artificial light.
    • To hunt, shoot at or kill game birds with shotgun shells having greater maximum length than three and one-half (3½) inches.
    • To hunt, kill or molest any game birds on portions of the area called "refuges."
    • To hunt after one-hour after sunset to on-hour before sunrise. (Select activities may be given exception to this rule.)
18. That the leasee will cooperate in reporting hours spent, animals seen, shots fired and other aspects of their visits necessary for monitoring, research, and improved land and resource management.
19. All wildlife found injured or dead will be immediately reported to the Main Office for determination of disposition. At no time shall any individual be allowed to possess or "mercy kill" an injured animal without approval from the Main Office or to possess any animal or bird found dead.
20. That should you fail to comply, in the opinion of the landowner, strictly with the terms of this lease, the landowner reserves the right to cancel this lease forthwith without any liability whatsoever.
21. That the landowner may cancel this lease even though the leasee has complied with its terms. The landowner will refund to the leasee the proportionate part of the $_______ paid, as the same shall bear to the unexpected period, without further liability on the leasor's part whatsoever.
22. That should the leasor elect to cancel this lease under Paragraph No. 19, a letter addressed to (president of the hunting club), canceling the lease, will be accepted as sufficient notice by all parties herein referred to.
23. That unless canceled as herein provided, all rights granted shall forthwith cease and terminate on ________________________.
24. That as an indication of acceptance on your part of the conditions herein, you will sign the "Acceptance" below and unless or until this lease is executed by the parties hereto, and the $____________ as herein provided paid, the landowner is in no way obligated under the terms and conditions hereof.

Yours very truly,

By (The Landowner)

ACCEPTANCE: (Club President) acknowledges (Club Name) to be bound by all the terms and conditions of this letter addressed to the (Club President), (club name) the undersigned.

___________________________________

___________________________________

Permittee

*If the hunting club is incorporated, the current president can sign for his members, but if the club is an unincorporated association, all members must sign the lease.

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This Web site is maintained by R. H. Giles, Jr.
Last revision July 9, 2004.