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Signed Waiver/Release form for guest hunting?
#6081797
12/13/15 10:54 PM
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Joined: Nov 2013
Posts: 116
DaveTexas
OP
Woodsman
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OP
Woodsman
Joined: Nov 2013
Posts: 116 |
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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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6081801
12/13/15 10:56 PM
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Joined: Jul 2013
Posts: 6,032
tlk
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 6,032 |
yes - i can send you a copy of ours in the morning if you want - just PM me
You can't fix stupid
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6082508
12/14/15 05:21 AM
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Joined: Aug 2004
Posts: 17,721
Txduckman
THF Celebrity
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THF Celebrity
Joined: Aug 2004
Posts: 17,721 |
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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Re: Signed Waiver/Release form for guest hunting?
[Re: Txduckman]
#6082586
12/14/15 11:50 AM
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Joined: Jul 2013
Posts: 6,032
tlk
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 6,032 |
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
You can't fix stupid
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Re: Signed Waiver/Release form for guest hunting?
[Re: tlk]
#6082589
12/14/15 11:56 AM
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Joined: Jul 2013
Posts: 6,032
tlk
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 6,032 |
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"
You can't fix stupid
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6082827
12/14/15 02:32 PM
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Joined: Aug 2009
Posts: 22,716
BigPig
THF Celebrity
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THF Celebrity
Joined: Aug 2009
Posts: 22,716 |
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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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6082926
12/14/15 03:04 PM
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Joined: Feb 2008
Posts: 3,304
txvarminter
Veteran Tracker
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Veteran Tracker
Joined: Feb 2008
Posts: 3,304 |
Our insurance requires us to have a signed waiver. They wouldn't require it if it wasn't necessary
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083094
12/14/15 04:32 PM
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Joined: Aug 2008
Posts: 1,404
Stickchunker
Pro Tracker
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Pro Tracker
Joined: Aug 2008
Posts: 1,404 |
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!
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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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083108
12/14/15 04:40 PM
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Joined: Sep 2011
Posts: 28,032
Navasot
Hollywood
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Hollywood
Joined: Sep 2011
Posts: 28,032 |
No only trustful folks allowed
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083114
12/14/15 04:41 PM
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Joined: Sep 2011
Posts: 28,032
Navasot
Hollywood
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Hollywood
Joined: Sep 2011
Posts: 28,032 |
If its for a business you beta be getting that signature
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083141
12/14/15 05:02 PM
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Joined: Nov 2014
Posts: 7,785
Mr. T.
THF Trophy Hunter
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THF Trophy Hunter
Joined: Nov 2014
Posts: 7,785 |
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.
Cabin rental in Pagosa Springs, Co. Sleeps 10, If interested please PM me.
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Re: Signed Waiver/Release form for guest hunting?
[Re: Navasot]
#6083496
12/14/15 07:44 PM
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Joined: Feb 2013
Posts: 4,693
krmitchell
Extreme Tracker
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Extreme Tracker
Joined: Feb 2013
Posts: 4,693 |
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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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083545
12/14/15 08:10 PM
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Joined: Mar 2009
Posts: 4,423
jeffbird
Extreme Tracker
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Extreme Tracker
Joined: Mar 2009
Posts: 4,423 |
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.htmImportantly, 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=20112. 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.pdfSecond 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=6093For 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, it’s no wonder people are confused. However, while many drivers honestly believe they are making the safe choice by using a hands-free device, it’s 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=mndLast, 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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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083654
12/14/15 09:02 PM
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Joined: May 2014
Posts: 374
StretchR
Bird Dog
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Bird Dog
Joined: May 2014
Posts: 374 |
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083663
12/14/15 09:08 PM
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Joined: Nov 2012
Posts: 15,639
QuitShootinYoungBucks
THF Celebrity
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THF Celebrity
Joined: Nov 2012
Posts: 15,639 |
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.
https://web.archive.org/web/20170223065011/http:/www.rrdvegas.com/silencer-cleaning.html
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Re: Signed Waiver/Release form for guest hunting?
[Re: krmitchell]
#6083693
12/14/15 09:25 PM
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Joined: Sep 2011
Posts: 28,032
Navasot
Hollywood
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Hollywood
Joined: Sep 2011
Posts: 28,032 |
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. With the people I let hunt I trust their family just as much as them. Im not running a business though that changes a lot
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Re: Signed Waiver/Release form for guest hunting?
[Re: jeffbird]
#6083716
12/14/15 09:40 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
THF Celebrity
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THF Celebrity
Joined: Nov 2010
Posts: 27,091 |
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.htmImportantly, 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=20112. 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.pdfSecond 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=6093For 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, it’s no wonder people are confused. However, while many drivers honestly believe they are making the safe choice by using a hands-free device, it’s 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=mndLast, 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. I am always amazed at all these "I would never let anyone hunt on my land because of all the liability suits" statements on here. Just insurance company propaganda I guess. I have never seen or even heard of one in 27 years of practicing law. Spent a little time looking and couldn't find a single "guest v. landowner" suit related to hunting even on the books.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083739
12/14/15 09:54 PM
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Joined: Jul 2013
Posts: 6,032
tlk
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 6,032 |
I am the "manager/lease boss" for our place. I agree that number one liability is probably atv use - especially where we are in South Texas - wash outs, hogs digging massive holes in the road, etc. NG you are an attorney and understand what you are saying but also, as you know, it only takes one time. I carry a 2 million umbrella policy on top of my homeowner policy. The umbrella coverage is very inexpensive too. If you think about it, it really is no different from family or guest coming to your home and slipping and falling.
Our waiver addresses the ranch owner protected from members and guest and then we have a separate waiver that protects (or attempts to) each member from being sued by another member or their guest. Hope we never have to address it.
Last edited by tlk; 12/14/15 09:55 PM.
You can't fix stupid
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083745
12/14/15 09:55 PM
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Joined: Oct 2012
Posts: 4,570
Son of a Blitch
Extreme Tracker
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Extreme Tracker
Joined: Oct 2012
Posts: 4,570 |
tlk - please shoot me a copy. george@mapmyranch.com Thanks
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Re: Signed Waiver/Release form for guest hunting?
[Re: Son of a Blitch]
#6083805
12/14/15 10:36 PM
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Joined: Jul 2013
Posts: 6,032
tlk
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 6,032 |
tlk - please shoot me a copy. george@mapmyranch.com Thanks just sent
You can't fix stupid
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6083946
12/14/15 11:51 PM
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Joined: Dec 2012
Posts: 1,773
Big_Ag
Pro Tracker
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Pro Tracker
Joined: Dec 2012
Posts: 1,773 |
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.
^^^^ This
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6084012
12/15/15 12:27 AM
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Joined: Aug 2008
Posts: 449
jmac24
Bird Dog
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Bird Dog
Joined: Aug 2008
Posts: 449 |
A lawyer owns our ranch, yes we sign waivers
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Re: Signed Waiver/Release form for guest hunting?
[Re: DaveTexas]
#6084045
12/15/15 12:48 AM
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Joined: Jan 2013
Posts: 340
texas wetlands
Bird Dog
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Bird Dog
Joined: Jan 2013
Posts: 340 |
We have folks signed one and we use the one the NRA produced a few years back. Just Google "hunting releases NRA" and it should pop up. We have even close friends sign it and tell them that our insurance company requires it. Never been problem for anyone. Some one said it earlier it's the family member's that will come after you.
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Re: Signed Waiver/Release form for guest hunting?
[Re: texas wetlands]
#6084155
12/15/15 01:33 AM
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Joined: Jul 2013
Posts: 6,032
tlk
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 6,032 |
anyone wants a copy of the one we use that was lawyer written just Pm me and I will send - covers landowner and hunters -
You can't fix stupid
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Re: Signed Waiver/Release form for guest hunting?
[Re: tlk]
#6084187
12/15/15 01:50 AM
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Joined: Jan 2006
Posts: 22,268
7mag
THF Celebrity
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THF Celebrity
Joined: Jan 2006
Posts: 22,268 |
"Laugh with many, but don't trust any"
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