HUNTING AGREEMENT
STATE OF: Texas
COUNTY OF: Atascosa
TRACT: Approximately 580 acres high fenced.
This Hunting Agreement (the “Lease”) entered into as of the day of _______,
by and between BNC Ranch hereinafter referred to as Lessor, and
_________________________ a/an (state whether an individual, a
partnership, corporation, or unincorporated association) ________________
hereinafter referred to as Lessee.
The Lessor agrees to purchase the Hunting Rights, as defined below, on
580 acres more or less, to Lessee for ____________________________, for
a term commencing on ______________________, (the “Commencement
Date”) and ending on ___________ (the “Expiration Date”) on the 580 acres
located in Atascosa, County, Texas known as the BNC RANCH.
The Hunting Rights shall consist of the right to hunting, shooting, and taking
legal and Lessor approved game on the Land. More detailed information is
outlined in Lessor's Web Site at bncranch.com
This Hunting Agreement shall be subject to the following terms and
conditions:
PAYMENT
1. The Lessee shall pay to the Lessor, as a non refundable deposit, the
amount of one half the base hunt fee for the type of hunt desired, by check
payable to Lessor to secure a hunt date. Check must be received by Lessor
within ten days from phone confirmation to secure your hunt date. If check is
not received with the ten days this agreement is null and void.
2. The Lessee shall pay to the Lessor the balance of the base fee upon
arrival of hunt date which was secured by first payment.
3. The Lessee shall pay to the Lessor all successful hunt fees upon
determination of fee price as reflected on Lessor’s web-site at bncranch.com
and any other agreed to fees.
SUCCESS FEE
Success fees are assessable, due and payable for any buck hunt
package where a shot is fired and the package calls for a success fee
as part of that package. This fee is payable whether the deer is
retrieved or not. It is a fee due to the hunter being successful in the
opportunity and actual firing of a shot and drawing blood.
COMPLIANCE WITH LAW
Lessee agrees for itself, and invitees to comply with all laws and regulations
of the United States and of the State and Local Governments wherein the
Land lies relating to the game or which are otherwise applicable to Lessee’s
use of the Land.
POSTING
Lessor shall have the right to post the Land for hunting to prevent
trespassing by any parties. Lessor reserves the right to prosecute any
trespass regarding said Land but has no obligation to do so.
LESSOR’S USE OF ITS PREMISE
Lessor reserves the right in itself, its Agents, Contractors, Employees,
Licensees, Assigns, Invitees, or Designees to enter upon any or all of the
Land at any time for any purpose. Lessee shall not interfere with Lessor’s
rights as set forth herein.
ASSIGNMENT
Lessee may not assign this Agreement. Any assignment will void this
Agreement and subject Lessee to damages.
FIRE PREVENTION
Lessee shall not set or cause any fire on the Land. In the event that any fire
shall be started or caused to burn upon the Land by Lessee or Lessee's
invitees and/or guests. Lessor shall be entitled to recover from Lessee any
damages which Lessor sustains as the result of such fire. Lessee shall
immediately notify the appropriate state agency and Lessor of any fire that
Lessee becomes aware of on Lessor’s lands or within the vicinity thereof.
INDEMNIFICATION
Lessee shall indemnify, defend and hold harmless Lessor, its directors,
officers, employees and agents from any and all loss, damage, personal
injury (including death at any time arising therefrom) and other claims arising
directly or indirectly from or out of any occurrence in, upon, or at the said
Lands or any part thereof relating to the use of said Land by Lessee,
Lessee’s invitees or any other person operating by, for or under Lessee
pursuant to this Agreement.
RULES AND REGULATIONS
No refunds or partial refunds unless provided for in this agreement.
Lessee may see many deer that meets Lessee’s desirability and satisfaction,
but will be off limits for harvest. Lessee will only shoot at deer authorized as
available by guide. Lessee understands that this is a controlled hunt. The
hunt is also a managed hunt to increase the quality of younger bucks which
will increase the value of the land for future lease.
Lessee understands that Lessor is not selling deer. This is a hunt. All fees
due and payable are for the right to hunt the ranch.
Weather is a major factor to consider. The weather affects many things
during a hunt. Any discomfort and affects on the hunt success are
unavoidable and uncontrollable.
Lessee may upgrade Lessee’s hunt package only if Lessor agrees.
Upgrades will be primarily dependent upon availability of deer and/or
scheduling with other hunters.
No alcohol is allowed to be consumed on the premises prior to guns being
properly put away for the remainder of the day.
No illegal drugs are allowed on property.
Times and method of lessees hunt will be determined by Lessor at Lessor’s
sole discretion. However, generally the hunts will be approximately two to
three hours in the morning and evening each from a manufactured deer
blind. Some hunts will be walk and stalk.
Lessor reserves the right to deny access to the leased premises to any
person or persons for any of the following reasons at Lessor’s sole
discretion: drunkenness, carelessness with firearms, trespassing on property
of adjoining landowners, acts which could reasonably be expected to strain
relationships with adjoining landowners, or any other activities which to the
ordinary person would be considered objectionable, offensive, or to cause
embarrassment to Lessor or be detrimental to Lessor’s interest.
No hunter shall be allowed to shoot from or near vehicles.
Lessee will only fire a shot at his/her intended target after authorization from
guide. This is for the safety of all animals not intended for harvest and/or
anything and everything that could be damaged, hurt or killed
unintentionally. Therefore, it is understood that extreme caution will be
exercised and the guide may withdraw approval as he feels necessary. Any
intentional or unintentional damage caused by Lessee will be at the Lessees
expense. Therefore Lessee must use his/her own discretion as final before
firing, after getting approval from guide.
Prior to shooting at any buck, an estimate of the Gross B&C score of that
deer will be made by Lessee's guide. Lessee understands that the estimate
could be substantially in error. Lessee agrees not to shoot at any deer
he/she disagrees with as being a reasonable estimate. Lessee understands
that this estimate will be used to determine success fee, if and only if the deer
can not be retrieved.
The firing of a single bullet and drawing blood constitutes the end of your
hunt for any other deer. The deer shot at constitutes your deer for the
remainder of hunt period purchased. Lessor will assist Lessee in retrieving
the deer. Lessor will determine and approve the retrieval methods (helicopter
and dogs are not approved methods). Lessee may shoot more than once at
his/her designated deer. There is no guarantee that deer will be retrieved.
If deer shot at is or is not retrieved, the success fee will be assessed, if
applicable to the hunt package purchased. The success fee will be based on
the actual if retrieved or agreed to estimate of the bucks B&C score prior to
the shot being taken, depending on whether the buck is retrieved or not.
Therefore it is imperative that Lessee’s gun is sited in and Lessee possesses
the capability and experience to harvest their game.
Lessor may terminate the agreement without advance notice at Lessee’s
expense. Any deposit money will be refunded unless Lessor is terminating
the agreement due to Lessee’s violation of the agreement.
Lessee agrees that any violation of said rules and regulations is a material
breach of this Agreement and shall entitle Lessor to cancel this Agreement at
its option effective upon notice by Lessor to Lessee of such cancellation.
Lessor reserves the right from time to time, to amend, supplement or
terminate any such rules and regulations applicable to this Agreement. In the
event of any such amendment, supplement, or termination, Lessor shall give
Lessee written notice before any such rules and regulations shall become
effective immediately.
MATERIAL TO BE SUBMITTED TO LESSOR
Prior to first hunt, Lessee shall:
1) Sign a Waiver and Hunting Agreement.
2) Pay any hunt fees currently due as determined by Lessor.
3) Show a valid Texas Hunting License.
NO WARRANTY
Lessor makes no warranty that Lessee will successfully harvest Lessee’s
desired deer.
LESSEE’S RESPONSIBILITY
Adhere to Hunting Agreement and Waiver fully.
Bring all necessary hunting gear and clothing.
Any and everything else necessary that Lessor is not providing.
SURRENDER AT END OF TERM
There shall be no renewal of this Agreement by implication or by holding over.
MERGER CLAUSE
This Agreement and the Waiver contains the entire understanding and
agreement between the parties, all prior agreements between the parties,
whether written or oral, being merged herein and to be of no further force and
effect. This Lease may not be changed, amended or modified except by a
writing properly executed by both parties hereto.
CHECK IN AND CHECK OUT TIME
Father and Son/Daughter Hunt Package - Check in time is from 1:00 pm to
2:30 pm. on the day of your hunt. Check out time is one 10:00 am next
morning.
Special Hunt and Doe Hunt Package – Check in time is from 1:00 pm to 2:30
pm. On the day of your hunt. Check out time is one hour after sunset.
Trophy and Management Buck Package - Check in time is from 1:00 pm to 2:
30 pm. On the day of your hunt. Check out time is 1:00 pm your last hunt day.
APPLICABLE LAW
This Lease shall be construed under the laws of the State first noted above.
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement
to be properly executed as of the day and year of signing
Lessee ________________________________Date___________________
Lessor ________________________________ Date___________________
WITNESSES:
_____________________________________ Date
_____________________________________ Date