1. The Landowner is the entity holding legal title to properties offered for recreational licensing.
2. The Licensing Agent is Outdoor Access, Inc. who is retained by the Landowner to license and administer licensing of its properties for recreational purposes.
3. Licensee refers to the Contact Officer(s) signing this agreement, as well as all members of the group or club the Contact Officer represents, including minor and adult guests of members invited by a group or club member. Licensee will provide a listing of all group or club members prior to use of this license and accessing Outdoor Access properties. All club or group members will sign this roster acknowledging that they have reviewed this agreement and agree to abide by the terms contained herein. Further, it is understood by all club or group members, that the Contact Officer represents all interests of that club or group as a whole. No additional rights or privileges are vested in the club or group Contact Officer by the Agent. The club or group Contact Officer shall facilitate communication between the licensee and the Agent, and may not act independently from the club or group he or she represents.
4. It is agreed that the right and privilege herein granted is subject and subordinate at any and all times to rights and privileges of the Landowner, and that Landowner may care to exercise over the property. Rights to hunt, fish, and shoot shall be exclusive to the licensee. The licensee shall not utilize these rights in any manner for commercial purposes without the express written permission of the Agent. Landowner management and other activities (for example forestry management) will take precedence over licensee activities.
5. The licensee will have the right to post the licensed property using Outdoor Access posted signs or signs commercially acquired in a manner that conforms to applicable laws and regulations.
6. It is agreed that the licensee will in all respects conform to local, state, and federal laws and regulations now or hereafter in force, including but not limited to those governing hunting, shooting, and any allowed use of the property including the federal endangered species act.
7. It is agreed that the licensee shall operate under the auspices of the Outdoor Access membership and use agreement as well as under the auspices of the bylaws for the governance of their club or group. The Outdoor Access membership and use agreement takes precedence over the club or group bylaws.
8. The party or parties to whom this license is granted shall not sub let or assign any rights herein granted on any condition without the written consent of the Agent. These rights shall not be granted by the party or parties to whom this license is granted or to persons other than members of the license group or their guests. All guests shall sign a proper permission form to use the property expressly relieving the Landowner and Agent from any liability for any injury or injuries that may be received by the party or parties to this license, their members, servants, agents, employees or guests. The Agent may assign this license and all of its rights and obligations hereunder without restriction upon notice to the licensee.
9. For new licenses issued, full payment of the license fee is required prior to accessing or using the property. For renewal licenses, full payment of the license fee is required not less than 30 days prior to the beginning of the license term.
10. It is agreed that as part of the consideration of this license, licensee will exercise due care to prevent forest fires on the land, that no timber or trees will be cut, used or destroyed on the license premises, and that the licensee will not make or suffer any waste thereon.
11. It is agreed that licensee will use every effort to extinguish such fire or fires that may occur on said property with their knowledge, during the continuance of this license, without cost to the Agent or Landowner.
12. The licensee shall be responsible to said Agent and Landowner for forest fires caused through carelessness, negligence or act or omission of it or its members or their guests.
13. No structure maybe built or placed on the licensed premises without the explicit written permission of the Agent. All premises shall be kept free of litter at all times.
14. Tree stands and other structures may not be attached to trees with nails or steel spikes, nor will other than aluminum nails be driven into trees for any purpose. Signs attached to trees shall be done so using aluminum nails only. The use of portable or removable tree stands is permitted.
15. Vehicle travel shall be restricted to conditions where road damage does not occur. The licensee shall be responsible for road maintenance and or costs arising from use of or damage to Landowner roads.
16. Licensee shall not engage in any activity that will result in the disturbance of soil including road building or land clearing without the explicit written permission of the Agent. If with explicit written permission of the Agent, licensee engages in any such soil disturbing activity, it is the responsibility of the licensee to comply with all best management practices, guidelines, and regulations, and all applicable laws and regulations.
17. Licensee agrees not to dispose of waste oil or any hazardous or toxic or regulated substances on the license premises. Licensee agrees to defend, indemnify, and hold Agent, Landowner, and each of their officers, directors, shareholders, subsidiaries, and related or affiliated entities harmless against any claims, suits, fines, cost, penalties, or liabilities including reasonable attorney’s fees and court costs, arising out of the disposal (including the unintentional release) of any such hazardous substances or waste oil on the licensed premises by licensee, its Agents, members or guests.
18. It is agreed that an officer of your organization or duly appointed contact representing all of the individuals of the club or organization, will sign this agreement and that failure on your part to do so will still subject you to liability under provisions of this agreement. Others using the lands with your permission (“Permitees”), Will be issued a signed form granting permission to use the land, on which form the permit he will indemnify, defend, and hold harmless the Agent, Landowner, and each of their officers, directors, shareholders, subsidiaries, and related or affiliated entities according to provisions of this agreement.
19. It is agreed that Landowner and the Agent assume no responsibility for the safety of the licensee or any other person or persons as a result of the rights granted herein. Agent, Landowner, and each of their officers, directors, shareholders, subsidiaries, and related or affiliated entities shall not be liable for any injury or death or damage to property incurred by such persons either while on the license premises or while making use of rights of way to, from or over the license premises. Licensee shell indemnify, defend, and hold harmless the Agent, Landowner, and each of their officers, directors, shareholders, subsidiaries, and related or affiliated entities from and against any claim, loss, cost or damage whatsoever (including court costs and reasonable attorney’s fees) caused by or arising from operations or activities of licensee on the license premises or activities of any member, Agent or guest of licensee on the lease premises or arising from failure of licensee to comply with any of the conditions of this license including failure to obtain all necessary signatures as set forth in the agreement. The licensee and each permittee will be jointly and severally liable to indemnify, defend, and hold Agent, Landowner, and each of their officers, directors, shareholders, subsidiaries, and related or affiliated entities harmless pursuant to the terms of this agreement.
20. The Agent will provide comprehensive hunting club liability insurance policy in the amount of $3 million covering customary hunting related uses of property.
21. Licensee agrees to provide the Agent with a list to include all club group members, their physical addresses, email addresses, and phone numbers. All club or group officers and the club or group contact person will also be identified. This list will be updated periodically, but not less frequently than once per year or were in a material change occurs for example change of club or group contact person.
22. Each club or group member will create an account on the Agent’s website (www.outdooraccess.com), and be added to the lease by the Agent’s website lease invitation process.
23. The use of ATVs or UTV‘s shall be restricted to hunting or maintenance of the property per the license terms. ATVs and UTV‘s are allowed to transport permittees and equipment to and from hunting sites and to help retrieve game. Motorcycles are not allowed. ATVs and UTVs are restricted to existing roads and trails provided such are not excessively worn, rutted, or eroding. No motorcycles.
24. All allowed vehicles operated on the licensed property must be registered and licensed in accordance with laws and regulations.
25. License cancellation. Either party may cancel this license at any time with written notice. If canceled by the Agent, written notification will be provided to the Contact Officer designated by the club or group. Notification provided to the Contact Officer shall be deemed sufficient notice to all persons whose names are included in the membership list. The Agent and Landowner shall have quiet and peaceable possession of the premises upon delivery of said notice. Should the Agent cancel this license, the unearned portion of the license fee will be returned to the licensee based upon the effective cancellation date.
26. Should the licensee fail to comply, in the sole judgment of the Agent, strictly with the terms of this license, the Agent reserves the right to cancel this license forthwith without any liability on the part of the Agent or Landowner whatsoever. In such an event, the licensee will forfeit the full amount of the license fee. Notice that such cancellation will be delivered in writing to the licensee Contact Officer and cancellation date will be effective as set forth in the notice.
27. Licensee shall pay all taxes related to their use of the land other than the normal land taxes levied against the license premises.
28. The illegal use, possession, distribution, purchase, or sale, of controlled substances on the licensed property is prohibited. The licensee agrees to communicate this policy to all members, permitees, guests, representatives, or agents entering on the licensed premises. Any licensee who is in violation of this policy on controlled substances will be prohibited from licensing from the Agent and will be banned from the license premises. The licensee agrees to take appropriate steps to maintain compliance with this policy.
29. In the event of any litigation hereunder, the prevailing party shall be entitled to an award of reasonable attorney’s fees.
30. Agent and Landowner retain the right of access to the licensed premises at any time for any business related purpose including but not limited to validating compliance with the terms of this agreement.
31. Club or group members shall show consideration to all residents and neighbors so as not to unreasonably cause disturbance of the peace and quiet. For example, nighttime early morning hunting should be undertaken only on remote areas of the property.
32. Gates. Licensee may erect gates in accordance with laws and regulations. Keys to all gates shall be provided to the Agent, parties having a legal right of way, and local fire companies.
33. No hunting shall occur within 600 feet or the distance required by law, whichever is greater, of any other Landowner authorized use of the property, for example, active mining operation and forestry operations.
34. Licensee will have first right of refusal to purchase additional licenses on the same listing for up to a total of three terms. Sixty days prior to the conclusion of the 3rd term of licensing, the parties may opt to renegotiate any or all license terms.
35. If Licensee choses to renew the license, licensee agrees to pay License Agent 100% of the seasonal license fee at least 30 days prior to expiration of the current year's license.
36. There will be a 2% annual increase in total license fee.
37. Licensee acknowledges that Landowners may remove their listing at any time for any reason. Should Landowner remove its listing, License Agent shall have no obligation to Licensee except to return the unearned portion of the license fee.
38. Substitution of club or group individuals during an annual license term or period is prohibited. Substitutions are allowed once a year when a new license is purchased.
39. The Licensee acknowledges that Outdoor Access, as License Agent, is a third party beneficiary of this agreement, and other agreements with Landowners. Any attempt to negotiate a new Agreement with a Landowner upon expiration or earlier termination of a license, without the inclusion of Licensing Agent as a third party beneficiary will result in legal action taken against those parties. Any new Agreement entered into by Licensee, his Agents, representatives, successors, affiliates or subsidiaries, with Landowner but without inclusion of Licensing Agent, will result in significant and unascertainable damages to Licensing Agent; therefore, in such event, Licensee shall pay Licensing Agent, as liquidated damages, a sum equal to Two Hundred percent (200%) of the total consideration payable for an annual license with that Landowner. Licensee agrees to pay such sum within five (5) days of the commencement of the new Agreement. Licensee shall also pay Licensing Agent’s attorney fees and costs incurred to enforce payment and/or compliance.
40. All allowed recreational activities shall be conducted in a safe and ethical manner.
41 Is agreed that the terms and conditions of this license will not be modified, varied or amended except by writing and signed by both parties and attached here Is agreed that the terms and conditions of this license will not be modified, varied or amended except by writing and signed by both parties and attached hereto.
42. Existing rights of way and easements shall be honored.

Potomac Highlands Seldom Seen 35M

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