September 21st, 2007, 09:49 PM
hunting liability waiver
I've got a new place to hunt, but the landowner (altho trusting of me) wants a legal waiver of liability for virginia. Has anyone had one of these drawn up and if so, what do you need to do to make it legal? I've got a form drawn up off of a search on the web. I was wondering if anyone knew if it was notorized, if that makes it as binding as being done by a lawyer...
The undersigned hereby jointly and severally releases, acquits, forgives, and discharges xxx and xxx from any actions, claims, demands, suits, agreements, judgments, liabilities, and proceedings, whether arising in equity or in law, and in particular arising from:
hunting the property located on xxx in xxx County, Virginia.
This release shall remain binding upon all successors in interest and personal representatives of the contracting parties, to the extent permitted by law.
Signed this 22nd day of September, 2007
that is what I have so far, then the aforementioned owners and me the hunter signing it and having it notorized...thoughts?
September 21st, 2007, 10:05 PM
The Hunting manual usually has t basic form inside that I use for the same purpose for the other properties that I hunt "other than the Club" I usually have the land owner sign both copies as well as I so that the land owner has one & I do as well, basically it is a written permission slip allowing you to hunt, fish, & or trap on the property but if you get hurt in any way you can not & will not hold the owner liable.
Unless the land owner wants to go to a Notary Public or a Lawyer to sign the writ, that should be sufficient, sounds like he just wants a little assurance that he is protected if you hurt your self or what not while on his property, which I don't blame him with the way our world has turned to the Sue happy place it is today.
NFAA Advanced Certified Instructor
USAA Level 3 Instructor ACI
May God Bless you in all of what you do
September 21st, 2007, 10:38 PM
One of the landowners I lease from makes everybody sign a waiver/release.
I'm not a lawyer, so I don't know how good it is.
Waiver and Release
This Waiver and Release agreement is executed by the undersigned at _____, Oklahoma, on the date set opposite the signature.
The undersigned understands and agrees that, by participating in activities of game hunting, the undersigned may be placed in a situation or circumstance of extreme personal danger, either known or unknown, by virture of not only the condition of the land upon which such activities are conducted, but also the activities themselves. The undersigned recognizes that he faces the possibility of death or serious injury or disability in connection with such activities and the undersigned acknowledges that he is fully aware of such dangers.
In consideration of the priviledges associated with participation in the acitivites of the hunt lease, fully recognizing the dangers attendant thereto, the undersigned hereby releases and forever discharges "THE LAND OWNER' NAME" and their respective heirs, successors, legal representatives and assigns to never institute any suite or action at law or in equity against them or any of them by reason relating to the activites and the lands owned by "LAND OWNER'S NAME". The undersigned expressly waives all claims of damage or loss to person and/or property which may be caused by any act, or failure to act by the lessor, "LAND OWNERS NAME"; the undersigned assumes the risk of all dangerous conditions in and about the lands upon which activities are conducted, and the undersigned waives any and all specific notice of the existance of such conditions.
The waiver and release shall be binding upon the undersigned, and upon their heirs, legal representatives, and assigns of the undersigned. The undersigned has read the terms of this instrument and understands that he is signing a complete release and bar to any claim resulting from the activities herein described.
We, the undersigned have read and understand the information contained in this document and agree to its terms.
The document then has a place for me to sign and date and place for the notary to sign etc. and the same for the land owner.
He allows me to bring one immediate family member, but when I do they have to sign the waiver too, but he doesn't generally require it to be notarized.
Hope this helps.
September 22nd, 2007, 08:54 AM
I actually found something in the game rules for virginia that exempts all landowners from mishaps encoutered by outdoor enthusiasts.
I think this covers it
September 22nd, 2007, 08:58 AM
If you are an NFAA member you can get a waiver from their web page.
Terry L. Colin
CWO3, USCG, Retired
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