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#6081797 - 12/13/15 04:54 PM Signed Waiver/Release form for guest hunting?
DaveTexas Offline
Outdoorsman

Registered: 11/18/13
Posts: 69
Loc: Rocksprings (hunting)
I'm sure this has been discussed before (if you want to attach a link would be appreciated)

For those of you who allow guest to hunt your property, do you have them sign a release not holding you liable for accidents?

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#6081801 - 12/13/15 04:56 PM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
tlk Offline
Pro Tracker

Registered: 07/25/13
Posts: 1986
yes - i can send you a copy of ours in the morning if you want - just PM me
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#6082508 - 12/13/15 11:21 PM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
Txduckman Offline
THF Celebrity

Registered: 08/30/04
Posts: 11719
Loc: Big D
I have never signed anything for my lease ever. When I go to friends places I have never signed anything as well. What good does it do? If you have a dangerous place no liability waiver will protect you.

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#6082586 - 12/14/15 05:50 AM Re: Signed Waiver/Release form for guest hunting? [Re: Txduckman]
tlk Offline
Pro Tracker

Registered: 07/25/13
Posts: 1986
Originally Posted By: Txduckman
I have never signed anything for my lease ever. When I go to friends places I have never signed anything as well. What good does it do? If you have a dangerous place no liability waiver will protect you.


You can have the "safest" place anywhere and accidents can and will happen. And yes a waiver can protect not only the landowner but also each hunter. Anyone can sue anyone at anytime for anything but if it happens a signed waiver of liability sure is not going to hurt you in court. That is why businesses have people sign liability waivers all of the time
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#6082589 - 12/14/15 05:56 AM Re: Signed Waiver/Release form for guest hunting? [Re: tlk]
tlk Offline
Pro Tracker

Registered: 07/25/13
Posts: 1986
Originally Posted By: tlk
Originally Posted By: Txduckman
I have never signed anything for my lease ever. When I go to friends places I have never signed anything as well. What good does it do? If you have a dangerous place no liability waiver will protect you.


You can have the "safest" place anywhere and accidents can and will happen. And yes a waiver can protect not only the landowner but also each hunter. Anyone can sue anyone at anytime for anything but if it happens a signed waiver of liability sure is not going to hurt you in court. That is why businesses have people sign liability waivers all of the time


Texas: "If a signed waiver meets all legal requirements then that person is likely prohibited from bringing a civil action if the activity that caused harm is included in the waiver"
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#6082827 - 12/14/15 08:32 AM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
BigPig Online   content
THF Trophy Hunter

Registered: 08/27/09
Posts: 9528
Loc: Forney, Tx
I went with a friend to a very nice lease. One of those places where each hunter has there own small cabin with bathroom and a main mess hall, the feeders are always full and each stand has a heater. When I arrived with my friend, I was greeted by the owner and we had an awesome steak dinner. Then he talked about where I was going to hunt and what I was allowed to kill. Then he had me sign a waiver for insurance in case I got hurt, and a waiver in case I killed something I wasn't supposed to. In that case I would have to pay the yearly lease fee of $4,500. That was enough to keep me shooting slick heads and not even look at bucks. I didn't care, as I went there to kill a few does for meat. Owner was a great guy and wanted to protect his other hunters, which I can appreciate
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#6082926 - 12/14/15 09:04 AM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
txvarminter Offline
Veteran Tracker

Registered: 02/11/08
Posts: 3002
Loc: Abilene, Texas
Our insurance requires us to have a signed waiver. They wouldn't require it if it wasn't necessary
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My opinion is go with the fatties!

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#6083094 - 12/14/15 10:32 AM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
Stickchunker Offline
Pro Tracker

Registered: 08/25/08
Posts: 1308
Loc: Montgomery, Tx
Yes Sir, we are required to sign one, as well as any guest we bring to the lease. My last lease was the same way!
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In these times , 'I'll keep my God , my freedom , my gun and my money. Anyone that supports this insanity can keep "THE CHANGE".

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#6083108 - 12/14/15 10:40 AM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
Navasot Offline
Natty Love

Registered: 09/22/11
Posts: 25941
Loc: Normangee/Navasota TX
No only trustful folks allowed
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#6083114 - 12/14/15 10:41 AM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
Navasot Offline
Natty Love

Registered: 09/22/11
Posts: 25941
Loc: Normangee/Navasota TX
If its for a business you beta be getting that signature
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#6083141 - 12/14/15 11:02 AM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
Mr. T. Offline
Pro Tracker

Registered: 11/05/14
Posts: 1624
Loc: Fort Worth - Hunt in Eastland ...
As most lawyers will tell you, the signature is not to protect you from the person who is hunting on your lease, but for his relatives who want to sue you. Get it signed.
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Ski cabin rental in Pagosa Springs.
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#6083496 - 12/14/15 01:44 PM Re: Signed Waiver/Release form for guest hunting? [Re: Navasot]
rexmitchell Online   content
Pro Tracker

Registered: 02/11/13
Posts: 1712
Originally Posted By: Navasot
No only trustful folks allowed


Can't trust a grieving family like you can trust the person you allowed on your land. Too much liability to not sign one since people want to sue for anything now a days.
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#6083545 - 12/14/15 02:10 PM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
jeffbird Offline


Registered: 03/09/09
Posts: 1722
1. Landowners have very minimal exposure even without a waiver. See the Texas Recreational Use Statute. http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.75.htm

Importantly, hunting has one of the lowest rates of injury of any sporting activity, lower than even bowling and golf. http://www.nssf.org/newsroom/releases/show.cfm?PR=120511.cfm&path=2011

2. Most waivers I've seen are so poorly done that they are close to meaningless and miss some of the major issues. While landowners have minimal exposure, lessees that act as a "lease manager" may face some risks discussed below, as they may or may not have the benefit of the Recreational Use Statute depending on the issue. The statute provides immunity against natural conditions of the land, not man-made structures and equipment. If you are really worried about some major liability exposure, then this is not a do it yourself project from google on the internet. Like most things in law, it is far less expensive to involve a lawyer on the front end before a problem arises. Lawyers that specialize in defending personal injury cases, typically hired by insurance companies, are the ones to seek for advice. Real estate lawyers are a second choice, but often not up to speed on tort liability or the waivers needed for something such as a hunting lease.

3. Irrespective of liability, landowners and those on leases should try to make reasonable efforts to inform guests about hazards that are not "open and obvious."
Examples would be of areas known to be subject to cave ins, areas where toxic chemicals have been dumped, typically from oil and gas operations, and most importantly, poor quality blinds and stands, see next item.

4. By far the most dangerous thing likely to be encountered on a hunting lease is an ATV/UTV and stands/blines. ATV's are incredibly dangerous, regularly producing permanent paralyzing injuries, and yet kids are routinely given keys and turned loose. In 2013, ATV's caused almost 100,000 injuries requiring trips to the hospital, 25% i.e. over 25,000 per year, of which involved children. See page 2: http://www.cpsc.gov/Global/Research-and-...s--Injuries.pdf

Second place for dangerous are falls from stands. Falls are the major common injury related to hunting activity. http://surgery.osu.edu/trauma_burn/article.cfm?ID=6093

For tree stands, use safety harnesses. For constructed blinds and stands, make sure they are easy to climb and access safely. Consider how easily and safely the young and older hunters will be able to access them, while carrying gear in and out in the dark, with wet steps. This really is THE risk factor

5. Last, everyone reading this thread is far more likely to be seriously injured while driving to and from hunting than while hunting - the risk is orders of magnitude in difference. It is always amazing that people worry about things like this while eating a cheeseburger and fries and talking on cell phones while driving. If you want to do something to protect yourself, do not talk on a cell phone while driving. 1 in 4 car wrecks are now estimated to be caused by talking on a cell phone while driving. Hang up and pay attention.

From the National Safety Council.

Hands-free is Not Risk-free

With some state laws focusing on handheld bans and carmakers putting hands-free technology in vehicles, itís no wonder people are confused. However, while many drivers honestly believe they are making the safe choice by using a hands-free device, itís just not true. Your brain remains distracted by the conversation. Learn more about distracted driving.

http://www.nsc.org/learn/NSC-Initiatives/Pages/distracted-driving.aspx?var=mnd

Last, if you are on a hunting lease, make sure to include that information on your annual homeowner's insurance policy renewal questionnaire. If something did happen, and a claim is made against you, the homeowner's insurance very well may provide coverage for you.



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#6083654 - 12/14/15 03:02 PM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
StretchR Offline
Bird Dog

Registered: 05/14/14
Posts: 309
Loc: Hutto, TX (Williamson Co)
Very informative answer.

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#6083663 - 12/14/15 03:08 PM Re: Signed Waiver/Release form for guest hunting? [Re: DaveTexas]
QuitShootinYoungBucks Online   content
THF Trophy Hunter

Registered: 11/01/12
Posts: 6485
Loc: Lubbock, TX
We camped for a few days one summer at a friend's FIL's place. Did it again the next year and the moment we showed up they handed forms to everyone and said sign it or leave. The rudeness of it made it seem a lot worse than it really was; being in business and understanding the world these days I forgave them pretty quickly. Nobody is going to look out for you if you don't look out for yourself.
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