SAMPLE HUNTING LEASE

 STATE OF GEORGIA

COUNTY OF CHEROKEE

HUNTING LEASE

      THIS AGREEMENT, made this 31st day of August, 2002, between _________________________ hereinafter called "Lessor" and acting through Fall Line Forestry Consultants, LLC, as agent; and  _________ of _____County, Georgia, hereinafter called "Lessee."

W I T N E S S E T H :

      For and in consideration of $ ________ paid to Lessor, receipt of which is hereby acknowledged, Lessee, upon and subject to the terms, provisions and conditions hereinafter set out and referred to, hereby leases from Lessor, only for hunting purposes for the period beginning on September 15, 2001 and ending at midnight on September 14, 2002, the following described property:

   ALL THAT TRACT OR PARCEL OF LAND lying and being in Cherokee  County, Georgia, containing ____ acres more or less, and being more particularly described as set forth in Exhibit "A" attached to and made a part hereof.

TERMS, PROVISIONS AND CONDITIONS:

1.    Exercise of rights and privileges and use of the leased premises must comply with all Game and Fish laws and regulations of the United States and the State of Georgia and other appropriate governmental authorities.  This lease shall include all game species which may be legally hunted in the State of Georgia.

2.    Lessee, for himself and his agents, servants, employees, and guests, will exercise due care to prevent, control, and eliminate forest fires, and will not cause or permit damage or injury to fences, crops, trees or equipment, and will not commit or suffer or permit waste or damage or injury.

3.    No commercial hunting or fishing activities or operations may be permitted, on or from the leased premises by Lessee or guests, agents, servants, or employees of Lessor or any guest, agent, servant, or employee of Lessee.

4.    Neither Lessee, nor anyone else other than Lessor, shall ever sell, directly or indirectly, any hunting or fishing permit, or any other right or privilege hereunder or in, or for any of leased premises, nor sublease any or all of the rights and privileges granted hereunder.

5.    Neither Lessor nor Fall Line Forestry Consultants, LLC, as Lessor’s agent shall have any responsibility or liability to Lessee or any other person, firm, or corporation for any claim, loss or injury resulting from anything done or omitted or in any manner arising hereunder; and Lessee hereby agrees and binds himself to indemnify and hold Lessor and Fall Line Forestry Consultants, LLC, as Lessor’s agent, harmless from all such, whether in favor of Lessee or others.

6.        No structures, unless approved by the Lessor or his agents, of any kind or character shall be permitted at any time on any part or parts of the leased premises, and no nails or spikes or other objects for tree stands shall be driven into or otherwise attached or fastened to any Pine tree on such premises.

7.        Lessee and his Club Members shall have the right to utilize “4-wheelers” and/or motorcycles for hunting purposes only, during hunting season only.  This lease does not give Lessee or his Club Members the right or authorization to use motorized vehicles of any sort, during or outside or hunting season, for recreational purposes.

8.    No one other than Lessee or the guests of Lessee shall at any time be permitted to exercise any right or privilege under this Agreement; and guest of Lessee shall not at any time exercise any such right or privilege except after having executed and delivered or mailed to Lessor or the agent or person designated by Lessor, a release and indemnity agreement in favor of Lessor in a form approved by Lessor.

9.    Lessee shall not on said leased premises do any land harrowing, plowing, cultivation or cleaning, with the exception of food plots or game feeder strips to be approved by Lessor or his agents.  Lessee may put out feeders for game.

10.  Any and all debris and garbage, including debris and garbage at Lessee’s camp site, left by Lessee, shall, not later than the date this lease terminates, be removed by Lessee from the leased premises.  In addition, Lessee shall assist Lessor and Fall Line Forestry Consultants, LLC in generally keeping the premises in a clean condition and help in the removal of debris.

11.  Lessor reserves and at all times shall have the full, free, and absolute right and authority, by himself or his agents, servants, and employees, and others from time to time authorized by Lessor or his agents, servants, or employees, to go on, upon and over the leased premises for any purpose or purposes, including but not limited to planting, cutting, removing, protecting, caring for and dealing with any part or parts or all of the leased premises.

12.  Lessor agrees to give Lessee a set of keys to the locks on the gates.  Neither Lessee nor Lessee's agents, invitees or employees, shall have any right under this Lease to prevent any party, whether said party be an agent or employee of Lessor or not, from traversing the leased property on existing public roads and rights-of-way.  Lessee understands that employees of the U.S. Army Corps of Engineers have the legal right to cross the leased property to reach Corps of Engineers land, and any locks in addition to Corps locks must be interlocked so as to permit access across the leased property by Corps personnel.  Lessee shall nonetheless have the right to prevent others from exercising hunting and/or fishing rights granted herein but shall have no further right to prevent other parties from crossing the leased premises.  Lessee shall be solely responsible for posting the perimeter of the leased property.  Neither Lessor nor Fall Line Forestry Consultants, LLC, as agents of Lessor, shall be responsible for posting, patrolling, or enforcing the exclusivity of this lease.

13.  Any violation of any provisions of this Lease by Lessee or any guest, agent, servant or employee of Lessee shall, at the option of Lessor, terminate this Lease and Agreement, and Lessor shall thereupon have no duty or obligation to refund or repay any part of the consideration for this Lease.  No failure to exercise such option and no waiver by Lessor 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.

14.  It is understood that the Lessee accepts the land in an “as is” condition and further, the Lessee understands that hunting is a dangerous activity and that there may be hidden hazards such as holes, fence wires, snakes, wells, swamps, ponds, harmful plants, unauthorized careless persons on the land, other hunters, or other risks that may injure him or cause death and the Lessee assumes all these risks as his own responsibility.  Lessee agrees to hold Lessor harmless against any and all claims of loss, damages, liabilities or other expense of or as a result of Lessee’s occupancy and activities.   

15.  This Lease is not assignable.

16.  A Non-Refundable deposit of fifteen percent (15%) of the lease amount shall be paid no later than August 31, 2002.  Payment of the balance of the lease fee shall be due in full no later than September 30, 2002.

17.  Lessor will provide, at no additional cost to Lessee, liability insurance on club members listed on the attached Addendum.  Lessor and Fall Line Forestry Consultants, LLC, as agents of Lessor, shall be named as “additional insureds”. 

18.  Lessee shall have the option to renew this Hunting Lease for three (3) additional one-year periods at a lease rate which shall increase by fifty cents ($0.50) per acre per year.  (That is, current year lease rate is $10.00 per acre, second year shall be $10.50 per acre, etc.).

IN WITNESS WHEREOF, Lessor and Lessee have hereto set their hands and seals, and executed this agreement, in triplicate, each of which shall for all purposes be the original.

LESSOR(S):

_______________________                                                  ______________________

Landowner 1                                                                            Landowner 2     

ACCEPTANCE: 

We acknowledge Ourselves the undersigned Lessee(s) to be bound by all terms and conditions of this agreement.  All persons using the property must sign the Addendum.  Persons who have not signed the Club Roster or Addendum are not authorized to hunt on nor enter upon the property described herein.

LESSEE:

____________________________                                        ____________________________                                  

Lessee

_____________ HUNTING CLUB
CLUB ROSTER ‘2002-2003

 The following constitutes a complete list of all members

(TYPE OR PRINT LEGIBLY)

(Attach additional list if necessary - Must correspond                                              CERTIFICATION OF MEMBER LIST

with number on application.  Insurance Coverage is

afforded only to members of record named above.

New members must submit in writing within one week                                              _________________________________________________

of joining.  All members must be at least 16 years of

age or provide certificate of completion of an approved                                                          CLUB OFFICER & TITLE

hunter safety course)

ADDENDUM TO HUNTING LEASE

 ATTACHED HERETO is a list of guests of ______________Hunting Club_, whose signatures indicate that they have read the lease agreement and accept the terms outlined above, with particular emphasis on items number 5, 8, 13 and 14.

 “I have read the lease and I agree to abide by all the terms and provisions within it, and my acceptance of all the terms and provisions is indicated by my signature below.”

Additional guests of __________Hunting Club_ must comply with term 8 of the lease agreement before hunting on the leased property described above.