This Hunting Lease is entered into on this ________ day of __________________, 2020, between DWD Longhorns, LLC as a lessee of Davis Family Properties, Ltd. (hereinafter collectively "Landlord"), with an address of 3361 C. R. 211, Hondo, Texas 78861, and ___________________________________________ (hereinafter "Tenant"), with an address of _____________________________________________________
___________________________________________________________. Under Exhibit A, Tenant will provide the written names and addresses of all minor hunters under the hunter’s supervision and all non-hunting guests occupying the cabin during the hunter’s stay. Landlord will allow up to four (4) hunters to hunt the Property.
This Hunting Lease provides Tenant and all members of Tenant’s party a license to enter onto the real property described as Seco Valley Ranch consisting of 1883 acres located in Medina County, Texas (hereinafter "the Property"), for the sole purpose to do the following: hunting of whitetail deer and feral hog during the Texas Parks and Wildlife regular deer season for whitetail deer, and all acts normally incidental thereto. This license to use the Property shall begin on the date specified in the package hunting agreement and shall terminate on the date specified. This license grants Tenant, and those persons specifically named in the Exhibit A named attached hereto (collectively "Tenant"), the use of the Property as described above. This Lease grants no other interest in the Property other than the license specifically granted herewith.
In consideration of the grant of license from Landlord to Tenant as set forth herein, Tenant agrees to pay Landlord, rent of $2,500 per hunting for the specified hunting period.
Tenant and all members of Tenant’s party agree to comply with the following conditions and restrictions pertaining to Tenant's use of the Property. Tenant acknowledges that the conditions and restrictions set forth herein are vital to the safety and well-being of Tenant or Tenant’s party, other allowed users of the Property, adjoining landowners and users, and the fish and game and ecology of the Property, and that failure to follow the conditions and restrictions herein will or may cause a dangerous, unsafe and environmentally destructive condition. Tenant agrees that a violation of the following restrictions shall allow Landlord, in Landlord's discretion, to immediately terminate Tenant's license as set forth herein, and to remove Tenant from the Property. Based on same, in addition to all other terms of this Lease, Tenant agrees to the following conditions:
1. To obey all laws, regulations, licensing requirements, rules, and ordinances, (collectively "Laws”) including all Laws pertaining to the taking of fish and game, and of the use of public and private lands, of the County of Medina, State of Texas, and of the United States Department of the Interior.
2. To not create, or to allow the creation of, a nuisance, or allow any waste, injury, or destruction to the Property and all items on the Property, except for the taking of game, and uses incident thereto as allowed by Law.
3. To not use, or allow the use of, the Property for any purpose other than set forth in the use declaration above.
4. To remove all litter, trash, debris from hunting blinds and close windows and doors upon each departure.
5. To not construct any improvement, blind, stand, cover, or other like item of a permanent nature, without Landlord's written permission, therefore.
6. To not allow any person other than specifically set forth herein to hunt, camp, or otherwise use the Property.
7. To not alter or allow the alteration of any part of the Property, or any improvements on the Property.
8. To not allow the discharge of any firearm or other weapon, such that the projectile will cross any boundary of the Property, and to not cross the boundary of the Property with any loaded firearm. The Tenant further agrees not to allow plinking (indiscriminate shooting at animals, non-game species, varmints, birds, other wildlife, cans or other objects).
9. To track and to retrieve all wounded game. Entrails, head, hide and other waste will be disposed of in a location assigned by Landlord and will be kept in a manner to assure the Landlords pets and livestock do not have access to them before disposal.
10. Tenant recognizes that Seco Valley Ranch is a working ranch and runs cattle, domestic animals, residential and other operations and agrees not to interfere with such operations. Tenant further agrees not disturb, harass, shoot, or otherwise harm any livestock or domestic animals maintained on the Property.
11. To leave all fences and gates as found in their then condition, open if found open and closed if found closed, to enter the Property only through those gates as instructed by Landlord, and to not place any locks on gates and fences not expressly approved by Landlord.
12. Where applicable, to drive only on established paths and roads, and to not drive over fields and/or rangeland.
13. Tenant accepts all existing deer blinds, feeders and hunting equipment in AS-IS condition, with all faults, dangerous conditions, and attributes, whether known to Landlord and/or Tenant or Tenant’s party or not. Landlord makes no warranty regarding the suitability or condition of existing deer blinds, feeders or other hunting equipment.
14. Landlord shall pay all propane, electrical and water costs, and agrees to provide and maintain potable water at the existing hunting cabin. Landlord also agrees to maintain the structural integrity of the existing hunting cabin.
15. Tenant shall police cabin, observe proper sanitary precautions, cooperate in the prevention of brush, grass, or other fires on the Property, and commit no breach of the peace. Tenant will verify that there is not a County burn ban in effect before starting any fire or campfire.
16. Tenant and all members of Tenant’s party shall observe proper safety precautions in the handling of firearms. No firearms shall be discharged toward houses or around camps. No hunting is permitted in any area not specified by the Landlord. No hunting is permitted in the hay pasture adjacent to the house and hunter’s cabin. No hunting or discharge of any firearm is allowed within 500 yards of the Landlord’s residence. No illegal weapons per state and federal laws are allowed.
17. Tenant and all members of Tenant’s Hunting Group agree to not discharge any weapon unless the hunter has a target and is absolutely certain that the area in front of and behind the target is clear of other hunters, property personnel, livestock, and buildings.
18. No spotlighting or night hunting is allowed on the Property.
19. Immediate family members of the hunters and invited guests are allowed on the Property. All hunters eighteen (18) years of age and younger must be accompanied by an adult (21 years of age or older) at all times while hunting. Tenant may not send an unaccompanied guest(s) to the Property.
20. Children under the age of 14 must be supervised by an adult at all times to insure their safety.
21. Each hunter, hunter’s family member and/or hunter’s guest shall execute a Hold Harmless and Indemnification Agreement (“Release”) immediately upon arrival, before being granted access to the ranch. The form is attached as Exhibit B. Release form may be emailed in advance to dwd@dwdlonghorns.com.
22. Tenant and all members of Tenant’s party agree to follow harvest recommendations provided by the regional Texas Parks and Wildlife agent.
23. To follow Seco Valley Ranch’s deer management and hunting guidelines, attached as Exhibit C.
24. Tenant and all members of Tenant’s party recognize that the hunter’s cabin provided by the landlord for their use during hunting season is also the Landlords guest house and therefore must be kept in a clean and habitable condition after departure from the Property.
Tenant and all members of Tenant’s Hunting Group agrees to indemnify and hold Landlord harmless from all actions, claims, judgments, lawsuits and cross or counter claims, whether brought by Tenant, any persons affiliated with Tenant or Tenant’s party, or any third parties, resulting from Tenant's license and use of the Property, including Landlord's costs of suit and attorney's fees. Tenant and all members of Tenant’s Hunting Group assume all risk and agree to execute and deliver to Landlord an indemnification agreement in a form acceptable to Landlord before Tenant and/or any members of Tenant’s party shall be allowed to use the Property as set forth in this Lease.
In the event Tenant or Tenant’s party makes any alterations or places any additions on the Property, any such alterations and/or additions shall become the property of Landlord and shall be deemed attached to the land. Tenant shall remove any alterations and/or additions made without the express written consent of Landlord if so, requested by Landlord.
This license is not assignable, and any purported assignment without Landlord's consent is without force and effect, shall be null and void, and shall not operate to create any rights in any purported assignee in and to the Property. However, Landlord shall not unreasonably withhold consent to any assignment if such proposed assignment is based upon Tenant's inability to use this license due to illness or other problems which would defeat Tenant's use of this license. However, nothing herein shall allow Tenant to assign or resell this license for a profit. Landlord's consent to any assignment is expressly contingent on Tenant assigning and paying to Landlord any payment and compensation received by Tenant from any assignee of this license.
Tenant or Tenant’s party expressly acknowledges that Tenant's use of the Property is non-exclusive with respect to the grazing of livestock, agricultural use, and other non-hunting and/or fishing uses by Landlord or any party affiliated with Landlord. Tenant or Tenant’s party agrees to not impair, destroy, threaten, or injure such other uses.
This Lease creates no rights into any sub-surface minerals, ground water, materials or deposits. Tenant expressly agrees Tenant or Tenant’s party will not engage in any mining, artifact hunting, extraction, withdrawal, or other removal of any sub-surface materials whatsoever.
Landlord may enter onto the Property for normal maintenance and repairs, for Landlord's own use, and for purpose of inspecting the Property to ensure Tenant's compliance with the terms and condition of this Lease.
Landlord expressly disclaims any warranty of fitness or merchantability with respect to the Property, and Tenant takes the Property AS-IS, with all faults, dangerous conditions, and attributes, whether known to Landlord and/or Tenant or Tenant’s party or not. Landlord makes no warranty that during the term of this Lease, there exists any game, fish, or fowl on the Property for hunting purposes.
The Property consists of mostly undeveloped and untamed land, including but not limited to possible brush, boulders, watersheds, flood zones, flammable material, ravines, caves, holes, rivers, poisonous animals and insects, bats, and other wild animals, all of which may be dangerous, harmful or fatal to humans and to property. Tenant or Tenant’s party acknowledges such potentially dangerous conditions, assumes all risk and liability associated with same, and agrees that Landlord will have no liability whatsoever with respect to any illness, injury, death or destruction to Tenant or members of Tenant’s party or Tenant or Tenant’s party’s property. Tenant or Tenant’s party acknowledges that although Landlord may have a greater knowledge of the Property than Tenant or Tenant’s party, that it is impracticable and impossible for Landlord to list and/or to physically show Tenant or Tenant’s party each and every possible hazard on the Property which is unknown to Tenant or Tenant’s party, and Tenant or Tenant’s party enters onto the Property despite same and at Tenant or Tenant’s party’s own risk and without liability to Landlord.
Landlord agrees to give Tenant twenty-four (24) hours to cure any default of this Lease. In the event of a default of this Lease by Tenant, in addition to any other remedies allowed by Law, Landlord may (i) re-enter the Property, (ii) eject Tenant from the Property, (iii) relet the Property for benefit of Tenant and to obtain rent directly from any new licensees resulting from such reletting, (iv) terminate this lease, (v) sue Tenant for any deficiency in the payment of rent and/or for any injury or damage to the Property, (vi) retain Tenant's deposit in an amount to compensate Landlord for the breach and (vi) resort to self-help and to change locks, remove Tenants from the Property, and to deprive Tenant of access to the Property by any other means.
In the event either Landlord or Tenant or Tenant’s party files any suit or other legal proceeding against the other to compel compliance with any term(s) of this Lease, to prevent or stop a breach of this Lease, to obtain a judicial interpretation of the terms of the Lease, or for any other reason, the prevailing party in such suit or proceeding shall be entitled, in addition to its damages and costs of suit, reasonable legal fees as determined by the court.
Any suit, action or legal proceeding shall be maintained in Medina County, Texas. This Lease, and all rights and obligations resulting therefrom, shall be interpreted and determined under the laws of Texas.
This Lease constitutes the entire agreement between the parties and supersedes all prior and contemporaneous written and/or oral agreements pertaining to the license created herein. Any modification, alteration, or supplement to this Lease shall, to be effective, be in writing and signed by both parties. Any writings and/or notices shall be delivered to Landlord and Tenant, first class mail with postage prepaid, at the respective addresses set forth above, or such other address as each party may instruct the other party in writing.
This Lease is effective on
the date as written above.
Landlord:
DWD Longhorns, LLC
______________________________________________
By: Debbie Davis, General Manager
Tenant:
______________________________________________
By:
EXHIBIT A
Hunting Party
EXHIBIT B
Hold Harmless
and Indemnification Agreement
___________________________________.
hereinafter referred to as “Guest” is granted
temporary access to the Seco Valley Ranch (“Ranch”)
in Medina County, with an address of 3361 C.R. 211, Hondo, Texas 78861, leased
by DWD Longhorns,LLC (“Lessor”). The Guest and the Guest’s party listed
below is granted access to the Ranch for the time
period beginning ________________________________ and ending
_______________________________.
As part of the consideration for being granted the right to come upon
the Ranch, Guest hereby agrees as follows:
AGREEMENT AND WARNING: I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.
Guest
acknowledges and understands that no warranty, either expressed or implied, is
made by the Host as to thecondition
of Ranch or any roads, buildings, gates, or other improvements located thereon.
This document is sufficient earning that
dangerous conditions, risks and hazards, both natural and man-made, do exist on
the Ranch. Guest's presence and activities
on the Ranch expose both Guest and Guest's property to dangerous conditions,
risks and hazards, including but not limited
to poisonous snakes, insects and spiders; hunting stands and blinds; rocks,
erosion and general condition of the land, both
on and off roadways and trails, creating rough, hazardous and dangerous driving,
riding and walking conditions; animals both
wild and domestic that may be diseased and/or potentially dangerous; rapidly
rising and rushing water in creeks and arroyos;
and persons with firearms on and off the Ranch.
1. GUEST AGREES TO INDEMNIFY
AND HOLD LESSOR HARMLESS AGAINST ALL CLAIMS,
DEMANDS, DAMAGES, COSTS AND EXPENSES, including reasonable attorney's fees for
the defense thereof, arising from
Guest's or Guest's family members' activities on or around the Ranch at any
time, EVEN IF the claim, demand,
damage, cost or expense is CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF LESSOR.
2. GUEST FURTHER
RELEASES LESSOR FROM ALL LIABILITY Lessor
may otherwise owe to Guest,
his heirs, survivors, beneficiaries, or assigns FOR ANY PROPERTY DAMAGE OR
PERSONAL INJURY, INCLUDING DEATH,
that Guest suffers while on the Ranch at any time. This release applies to all
injuries or damages which may be suffered by Guest, his heirs, survivors,
beneficiaries, or assigns, EVEN IF CAUSED IN
WHOLE OR IN PART BY THE NEGLIGENCE OF LESSOR. This liability release also
applies to claims and causes of action for injuries to or the death of any of
Guest's family members.
3. Guest acknowledges that
activities on rural property such as the Ranch can result in injury or property damage to the person doing those activities
as well as others. The many possibilities and sources of
injury or damage are acknowledged by
Guest, and he or she comes upon the Ranch with full knowledge of such
hazards.
4. The term "Lessor"
used in this agreement also covers and includes Davis Family Properties, Ltd.,
Davis Family GP, LLC and their respective partners, agents, employees, representatives, family members,
heirs, devisees, and beneficiaries, as well as any other persons or entities
for whom any one of them is acting as an agent or trustee, and any other person
or entity owning any interest in
the Ranch, all of whom are included in this Release and Indemnification
Agreement.
5.
Guest has read this document and understands it. He or she is signing it freely and
voluntarily. The provisions, covenants, conditions
and indemnities contained in this Release shall survive the term of Guests'
stay at the Ranch. As used in this release, the term "Guests" include any minors in Guests' care and all persons named in Guests'
party while on the Ranch. This Agreement is fully performable in Bandera, Kendall, and Kerr Counties, Texas.
If any minors are in Guest’s party, the adult Guest agrees to be responsible for the safety and actions of such minors.
In signing this Agreement, Guest
represents and warrants that (a) Guest have knowingly and willingly entered
into this Agreement and become bound by its terms and conditions; (b) Guest has
had ample opportunity to read this Agreement and has done so and understands and voluntarily agrees to each term of the
Agreement; (d) no representations or statements have been made to Guest about the safety of the Guest's experience on the Ranch; (e) Guest
has not been induced to sign this Agreement by the statement or conduct of any person; (f) Guest is under no duress or requirement
to sign this Agreement; and (g) Guest has the mental competence to understand and enter into this Agreement.
The undersigned Guest further
represents and warrants that he or she has the authority to sign this Agreement
for each minor or other Guest
listed below.
EXHIBIT B
Hold
Harmless and Indemnification Agreement (Continued)
The terms and conditions of this
Agreement, including its release and indemnification provisions, are binding
upon the heirs and assigns of
the Guest and inure to the benefit of the successors and assigns of the Host.
DATED AND SIGNED THIS ______ day
of___________________, 20____
Hunter/Guest
Signature:______________________________________________
Name
(print): ______________________________________________
Address:
_____________________________________ City ____________________ State _________
Zip ___________
Phone:
______________________________________ Email: _________________________________
Member’s of Guest’s Party:
______________________________________ _________________________________
Signature Name
(Printed)
______________________________________ _________________________________
Signature Name
(Printed)
______________________________________ _________________________________
Signature Name
(Printed)
______________________________________ _________________________________
Signature Name
(Printed)
______________________________________ _________________________________
Signature Name
(Printed)
______________________________________ _________________________________
Signature Name
(Printed)
Please email Release to:
Don Davis
dwd@dwdlonghorns.com
EXHIBIT C
SECO VALLEY RANCH
DEER MANAGEMENT AND HUNTING GUIDELIES
1. Hunters are expected to participate in the herd management program including cull buck and doe harvest when requested by Landlord.
2. Hunters are expected to exercise good judgment in taking a buck – no button buck or fawns. Good herd management is to take only mature bucks. Try to take only bucks 6 ½ yrs. of age and over. Aging deer guidelines may be found here: https://www.uaex.edu/publications/pdf/FSA-9105.pdf
3. If you wound an animal please find it and complete the kill.
4. Stay clear of another hunter’s area unless you have permission from the hunter to be there.
5. Maintain your blind. If repairs are needed, please alert the Landlord.
6. No cutting or altering of perimeter or interior fencing.
7. Upon request by the Landlord, jaws shall be pulled, aged and labeled and placed in freezer bags and put in freezer in Hunter’s cabin for verification of ages by TPW personnel.
8. Each hunter is responsible for recording their own deer harvests. Weight to the pound, age, measure, photo, and all records shall be recorded.
9. No deer carcass may be taken from ranch unless ALL data has been collected as stated above.
10. Hunters are asked to fill out a Game Observation Sheet each time they go out hunting.
11. No hog traps-ever. Due to Landlord's pork business, feral hog hunting is only permissible in the Windmill, 3-D and North Pastures. No hog hunting in or southwest of the central water-lot.
12. No smoking is allowed inside the lodge. All cigarette butts must be picked up and properly disposed of. Please do not empty ashtrays or place cigar or cigarette butts in the indoor garbage cans. Under no circumstances should any smoking material be tossed on the ground while Guests are in the pastures (even if extinguished), they should instead be placed in a pocket and deposited in the outdoor trash.
13. Clean sheets and towels are provided in the hunters' cabin. These are washed prior to guest arrival. Please hang wet towels and place dry used towels in the hamper. Leave used beds unmade. Hunters are responsible for washing dishes and removing all perishable food from cabinets and refrigerator. Trash should be placed in the dumpster near the front gate. The pantry door should be closed to discourage visiting raccoons from opening the door and making a mess. You are sharing this residence with a cat that has access through a cat door in the window near the HV/AC unit. His job is to control the mouse population in the cabin. We do not make any special accommodations for persons allergic to cats.
14. EMS service is a minimum 30-45 minutes-drive from the ranch. Should injuries require airlift, the GPS coordinates for the open hay field south of the cabin are (29.543034, -99.359499). The patient should be transported to the gate between the cattle pens and hay field for pick-up. Flight time from take-off is approximately 20 minutes. Payment of all fees is the responsibility of the family/insurance of the patient in. The nearest hospital for non-life threatening injuries or illnesses is Medina Community Hospital in Hondo.
15. Any person violating the laws of the state of Texas will be escorted off the ranch and will forfeit all rights and fees. .
16. No wearing or firing of handguns in or near the headquarters of the ranch. All guns/rifles must be kept unloaded outside of your hunting area and in camp to avoid accidental discharge.