EasternIowaFarmer_Fall2023
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HUNTING LEASES<br />
provide proof they have taken and passed<br />
a hunter’s safety course (even if not<br />
required by state law).<br />
Description of the Property<br />
Any hunting lease should specify the<br />
exact property upon which the party to<br />
the contract can hunt. It is advisable to include<br />
legal property descriptions, as well<br />
a map. The map should clearly identify<br />
nearby inhabited areas that will inform<br />
the hunter what shot directions should<br />
be avoided. The map should also mark<br />
known hazards, fences and/or ATV paths.<br />
Terms of Use<br />
The hunting lease should clearly set<br />
forth the specific terms under which<br />
the party to the contract can hunt. Is the<br />
permission for a particular animal season<br />
only? Is it for rifle or bow hunting only?<br />
Are there particular firearms that are not<br />
allowed? Does it allow any legal hunting<br />
for a term of one year? Is it is multi-year<br />
contract? Perhaps a landowner will want<br />
to offer a multi-day hunting lease to a<br />
party or group. These are all possibilities,<br />
but the document should specify the exact<br />
terms of the permission granted.<br />
The lease should also specify if the<br />
hunting party is also allowed to spend<br />
the night on the property or if they must<br />
leave by nightfall. Could the hunters<br />
bring an RV or 5th wheel on the property<br />
to park? If so, can the party have a bonfire<br />
outside? What is the maximum number of<br />
people who can sleep there? Can people<br />
who are not part of the hunting party<br />
spend the night? If there is a small cabin<br />
or residence, the same questions should<br />
be asked, and the lease should specify<br />
what behavior and use is allowed and not<br />
allowed.<br />
Termination and Options to<br />
Renew Provisions<br />
The contract should specify the particular<br />
grounds and the manner under which<br />
the landowner can terminate the contract,<br />
including for misuse or dangerous use of<br />
the property. The clause should state how<br />
the termination notice will be communicated.<br />
The contract should also specify<br />
whether the contract will automatically<br />
renew or terminate on a particular date.<br />
Waiver of Liability<br />
As discussed above, liability should be<br />
a prime concern for landowners contemplating<br />
a hunting lease. Landowners<br />
should acquire a waiver of liability from<br />
the hunters as part of the lease. Through<br />
a properly drafted waiver, the landowner<br />
should be able to obtain the same level<br />
of liability protection offered by the Iowa<br />
Recreational Use Statute as to all adult<br />
hunters. Such a waiver would not provide<br />
protection, however, for children under<br />
18. Landowners are advised to seek legal<br />
counsel to draft a legally enforceable<br />
waiver. They are also advised to discuss<br />
any hunting lease in advance with their<br />
insurer to understand what damages<br />
insurance may cover if an event were to<br />
occur.<br />
Indemnification Clause<br />
Landowners also may want to include<br />
SALES<br />
PARTS<br />
Pictured from left to right: Jeff Blunt, Gene<br />
Hosch, Tony Scherbring, Tim Gott, Vic Kray,<br />
Quinton Fellinger, Kate Gravel, John F Vacek,<br />
John M Vacek, Trevor Schwendinger, Bryan<br />
Dunne, & Travis Cullen. Missing is Parker Kray.<br />
SERVICE<br />
YOUR FUTURE IN FARMING STARTS HERE!<br />
A vital part of your Scherrman’s Implement experience is our personalized and professional service.<br />
We deliver outstanding service with superior tools, training, and commitment.<br />
13951 RTE 52 • Dyersville, Iowa 52040 • 563-875-2426 | 711 South Main Street • Monticello, Iowa 52310 • 319-465-3519<br />
84 EASTERN IOWA FARMER | FALL 2023 eifarmer.com
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