Release
& Indemnity Agreements
As further protection, you may also require that the
lessee sign a release or waiver to remove you from legal
liability for injuries that the hunter may receive while
on your property. A release or waiver is a contract
and requires that both parties agree to the conditions
in order to be upheld in court.
Either the release or the hunting lease contract should
contain indemnification statements. Indemnification
statements cover fees and expenses which reimburse or
exempt the landowner for any bodily injuries or property
damage the hunter may cause, whether the damage is to
him- or herself or others while using the property.
However, indemnification agreements only work if the
party indemnifying you is solvent. Furthermore,
anyone injured by the hunter is not bound by the indemnification
agreement – the agreement is only between you as
landowner and the hunter. The agreement does not
protect you from direct liability from others.
The release and indemnity agreement needs to be tailored
to an individual’s particular lease circumstances. The
hunting lease contract, including the release and indemnity
agreement, should be drafted and reviewed by an attorney
before being signed. Finally, releases and indemnity agreements
may not be looked upon favorably by the courts in your
state. You should always consult with a local attorney
on the use of Release and Indemnity Agreements.
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