Creating a liability waiver for deer hunting on a five-acre property involves outlining the terms and conditions under which hunters can participate while also protecting the property owner from legal claims. Below is a sample template for a liability waiver specifically tailored for this scenario. Please note that it is highly recommended to consult with a legal professional to ensure compliance with local laws and regulations.
LIABILITY WAIVER AND RELEASE AGREEMENT FOR DEER HUNTING ON 5 ACRES
This Liability Waiver and Release Agreement (the "Agreement") is made and entered into as of this [Date], by and between [Property Owner's Name], the owner of the property located at [Property Address] (the "Property Owner"), and the undersigned hunter (the "Hunter").
1. ASSUMPTION OF RISK The Hunter acknowledges that hunting involves inherent risks, including but not limited to, the risk of personal injury, death, and property damage. The Hunter voluntarily assumes all risks associated with hunting on the Property, including but not limited to, those caused by the actions or inactions of other hunters, wildlife, equipment failures, and environmental conditions.
2. RELEASE AND WAIVER In consideration of being permitted to hunt on the Property, the Hunter hereby releases, waives, and discharges the Property Owner from any and all claims, liabilities, damages, or losses arising out of or related to the Hunter's participation in hunting activities on the Property, whether caused by the negligence of the Property Owner or otherwise, to the fullest extent permitted by law.
3. INDEMNIFICATION The Hunter agrees to indemnify and hold harmless the Property Owner from any claims, damages, or expenses (including attorney fees) arising out of the Hunter's actions while hunting on the Property, including but not limited to, any claims made by other hunters or third parties.
4. COMPLIANCE WITH LAWS AND REGULATIONS The Hunter agrees to comply with all applicable laws, regulations, and rules related to hunting within the jurisdiction where the Property is located. This includes obtaining any necessary licenses or permits.
5. LAND USE The Hunter is permitted to hunt on a designated area of five (5) acres within the Property. The Hunter agrees to respect the boundaries of the designated area and any posted signs.
6. MEDICAL AUTHORIZATION In the event of an emergency, the Hunter grants permission for the Property Owner to obtain medical assistance for the Hunter and agrees to be responsible for any medical expenses incurred.
7. SEVERABILITY If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
8. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
9. ACKNOWLEDGMENT OF UNDERSTANDING The Hunter acknowledges that they have read this Agreement, understand its terms, and sign it voluntarily with full knowledge of its significance.
Hunter's Name: ____________________________
Hunter's Signature: ________________________ Date: ________________
Property Owner's Name: ___________________
Property Owner's Signature: _______________ Date: ________________
Make sure to customize the template with specific information pertinent to your situation, including the names, dates, and jurisdiction. Additionally, it's important for hunters to clearly understand the terms of the waiver before signing. Consulting with an attorney can help ensure the language is appropriate and that the waiver is enforceable.
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