Texas Hunting Lease Attorney
THE LAW OFFICE OF NATHANIEL GILBERT, PLLC
Whether you are looking to lease your property for the 1st or 50th time, consulting with a lawyer versed in the outdoors and hunting in your area is an absolute must. Hunting leases on agricultural land in Texas involve many factors such as liability waivers, statutory liability, contract negotiation, and safety concerns. Nate Gilbert is an attorney and outdoorsman living in South Texas and can help you protect you and your investment when crafting your hunting lease documents.
Hunting Lease Drafting and Review
Risk Management Guides
Property and Ranch Rule Books
Agricultural Planning and Leasing
Starting an outfitter or guiding business in Texas can be an exciting endeavor; Using an attorney who knows the outdoors to get your paperwork (Lease, Liability Waiver, Hunt Contract, and Business Formation) in order from the very beginning will set you up for success.
Liability Waivers in Texas must follow the Express Negligence Doctrine in order to be enforced by a Court. But what is the Express Negligence Doctrine and does it cover gross negligence, too?
What happens when the land you lease to hunters is all of a sudden unhuntable? Can your hunters cancel their lease agreement?
What happens if a trespasser on your property is injured while trespassing in Texas?
Liability Waivers are one part of a three part checklist for protections for your farm or ranch when considering drafting a hunting lease. Statutory protections provided by the state of Texas should be utilized as much as you are able.
Hunting Leases are a great tool for landowners to extract the value of the wildlife on their property. Working with an attorney specializing in the outdoor industry and drafting a unique hunting lease for your property is essential to protect your investment.
Using a liability waiver form or template downloaded from an unknown site for your outfitting or guide business is setting you up for failure. Learn three big reasons to avoid online forms and how an attorney can help you avoid these common pitfalls.
A liability waiver can help protect your business if a client or guest is injured during an activity. But not all releases of liability are created equal, and using a form on the internet could land you in rough water.
Hunters looking for hunting leases have more ways than ever to find coveted ground to pursue trophy big game and plentiful waterfowl and upland birds. However, just because it is easy to find a lease doesn't necessarily mean that you should sign right away.
Colorado is debating increasing the price of resident and non-resident hunting license fees. Where does Colorado stand on the national stage as far as cost of licenses?
Hunting and Fishing Outfitters like to hire independent contractors over employees for seasonal work, but if the contracts for those services fail to meet Department of Labor standards, the move could be more expensive than anticipated.
Hunting leases can be great opportunities for hunters and landowners, but are still subject to the same penalties as more common commercial leases for both tenant and landlord.
Liability Waivers For Hunting Leases
When you are looking at leasing your property for hunting or recreation, liability is, naturally, a huge consideration. The video below by Attorney Nathaniel Gilbert walks through some of the concerns regarding structuring your liability waiver as well as the statutory protections provided by the State of Texas.
LIABILITY WAIVERS- $1,000.00
Professionally tailored liability waiver for use in your operation, including custom provisions for firearm usage, watercraft or motor vehicle, climate, terrain, and many more options depending on your unique circumstance. This is not a “one size fits all” document and must be custom tailored to your specific outfitting needs.
HUNTING LEASE- $2,000
CUSTOM TAILORED; REUSABLE FOR YEARS TO COME; SPECIFIC TO YOUR PROPERTY AND NEEDS; BASED ON YEARS OF HUNTING LEASE DRAFTING AND EXPERIENCE WITH TOP OUTFITTERS IN THE WORLD.
Crafting your hunting lease is a multi-step process that begins with a general meeting with Attorney Nate Gilbert about your property. What kind of hunting do you want to offer? What kind of amenities? How many people? The goal is to get to know your property and the reasons you are looking to lease it for hunting.
After this initial meeting, Nate will craft your individualized hunting lease based on the rules and privileges that you have listed, as well as your old hunting leases and documents if such exist. The lease will be drafted according to your specifications combined with the extensive experience of Attorney Nate Gilbert when it comes to hunting leases. Once the lease has been drafted, usually within 2-3 days, the first draft will be sent to you or your managers for review.
But you’re not done yet!! Once you have reviewed the lease, you will schedule another appointment with your attorney to go over your lease in detail. We will review each clause and rule together and make sure that we understand exactly what we mean when we put certain words or phrases in your hunting lease not only so that you can understand what we’re trying to accomplish, but so that you may explain it to your hunters or outfitters if they have questions. After this meeting, you’ll have your final drafts emailed to you in a format you can use for years to come.
The most common question I get as an attorney dealing with hunting leases or even just hunting permission, is liability. Is the landowner liable for hunters or fishermen who get hurt on their property while engaged in those activities? The answer is “maybe.” Landowners who allow free use of their property for recreational use are protected by state statute in Texas. However, when you charge a fee, such as with a lease agreement, you may need to work out a liability waiver for all those individuals participating in any activities on your ranch. This is a major concern that you will need to work with your attorney as well as insurance carrier on in order to make sure that you are well protected.
Have another legal concern you’d like some help with? Click the areas below to see how San Antonio Attorney Nathaniel Gilbert can help you.
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