By: ALA Staff

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Reading time: 9.4 min.

A practical checklist of the clauses that protect your land, your income and your peace of mind.

A good hunting lease agreement spells out who may hunt, exactly where and when, what they pay, what they can and can’t do on your land, who carries the liability risk and how either side can end the deal. Extension specialists recommend putting every one of those points in writing and having a local attorney review the final document before anyone signs.

Key takeaways

  • Put the lease in writing, even for a single season, and attach a map of the leased area.
  • Name every hunter and spell out guests, game, seasons, weapons, vehicles and stand rules.
  • Include an “as is” clause, an assumption of risk, a release and an indemnity, and require the lessee to carry liability insurance that names you.
  • Reserve your own access rights and set clear termination, refund and no-sublease terms.
  • There is no single standard form; laws differ by state, so have an attorney review your draft.

Why Every Hunting Lease Should Be in Writing

Plenty of hunting arrangements start with a handshake. The trouble is that a handshake doesn’t say what happens when a gate is left open, a guest you’ve never met shows up, or a hunter falls from a stand.

Extension specialists at Iowa State University’s Center for Agricultural Law and Taxation note that many hunting “leases” are legally licenses to use the land, and that a short oral agreement may be enforceable, but they still advise a written lease (Iowa State CALT). Some states require it: Texas A&M AgriLife Extension points out that Texas requires real property leases longer than one year to be in writing.

A written lease does three jobs:

  • It sets expectations. Both sides know the rules before the season starts.
  • It gives you remedies. If a lessee breaks the rules, you have clear grounds to end the lease.
  • It documents your risk management. Releases, hazard warnings and insurance requirements are far more useful on paper than in memory.

University of Georgia Extension stresses that there is no standard form and all terms are negotiable, so treat the checklist below as a starting point, not a finished contract.

Aerial view of a country road through forest and fields

The Core Clauses: Who, Where, When and How Much

Start with the basics. If these four items are vague, almost every later dispute becomes harder to settle.

1. Parties, Guests and Minors

List the landowner and every lessee by name and address, and have each hunter sign so they are personally bound. Then decide on guests in writing:

  • Whether guests or family members may hunt, fish or camp, how many and how often
  • Whether guests must sign the same release as the lessees
  • Rules for minors, including adult supervision and proof of a hunter safety course

Iowa State CALT notes that a liability waiver generally does not protect a landowner against claims involving children under 18, which is one more reason to set clear rules for young hunters.

2. Property Description and Map

Describe exactly where hunting is allowed, using a legal description, a marked map or both. A good map shows boundaries, roads and ATV trails, gates, food plots, buildings, neighboring homes, livestock areas and known hazards such as old wells or steep drop-offs. Mark any areas that are off limits.

3. Term, Price and Payment

State start and end dates and whether the lease renews automatically. UGA Extension recommends single-year or single-season terms rather than multi-year leases, which keeps you flexible if things don't work out.

For payment, spell out:

  • The rent and how it's calculated (per acre, per hunter, per season)
  • Due dates, installment amounts and where payment goes
  • Late fees and what happens with a returned check
  • Any security deposit for damage to fences, crops, roads or improvements

Collect payment well before the season opens so you have time to find another lessee if needed. For help setting the number itself, see our guide to hunting lease price per acre.

Hunter climbing down from a tree stand in the woods

Rules of Use: Protecting Your Land and Livestock

This is the section that keeps your property in good shape. The extension checklists from Georgia and Texas suggest covering:

  • Game and methods: which species may be hunted, permitted weapons, whether dogs are allowed and any harvest rules beyond state limits.
  • Stands and blinds: whether lessees may build or place them, where, and that they must be removed at the end of the lease. Iowa State CALT suggests requiring stands that meet industry safety standards, full-body safety harnesses and never using dead trees.
  • No nails or spikes in trees: they damage timber value and can be dangerous at the sawmill.
  • Vehicles and gates: approved entrances, roads and ATV use, and a rule that gates stay as they were found. Texas A&M notes a lessee may be liable for livestock losses or third-party damage if a gate is left open.
  • Fires, camping and litter: where camping is allowed, whether fires are permitted and a pack-it-out rule for trash and carcasses.
  • Posting and locks: sign wording you approve and a key or combination for you on any lock.
  • Compliance with the law: valid licenses and full compliance with game laws, with any violation treated as a breach of the lease.
  • No subleasing and no commercial use: lessees can't rent to others, sell hunts or run guide services without your written permission.

Liability, Indemnity and Insurance Clauses

Charging for hunting changes your legal position. In many states, the recreational use statute that limits liability for free access doesn't apply once you charge a fee, and Iowa State CALT notes a paid lease brings a higher duty of care to keep the property reasonably safe and warn of dangers. Our article on recreational use statutes explains how these laws work.

The extension checklists recommend layering several protections:

  • "As is" acceptance and assumption of risk: lessees accept the land in its current condition and the inherent risks of hunting.
  • A signed hazard list: a sheet, signed by everyone, listing the hazards you pointed out. You should still mark or remove known hazards.
  • Release: a separate, conspicuous waiver. Texas A&M notes that in Texas a release must specifically name "negligence" and "gross negligence" to be effective.
  • Indemnity: lessees agree to cover claims, losses and legal costs caused by their activity.
  • Insurance: lessees carry hunting lease liability insurance at a stated minimum, keep it in force all season and name you as an additional insured. Many leases now ask for higher limits; see why $2,000,000 per occurrence is becoming a benchmark.

Also call your own insurer before you sign. Iowa State CALT recommends talking with your insurance provider in advance so you know what your farm or land policy does and doesn't cover once you start charging for hunting.

The Grey Areas: What a Lease Can't Guarantee

Even a well-written lease has limits:

  • Laws vary by state. Whether a release is enforceable, how specific it must be and how much protection a statute offers all depend on where your land is.
  • Courts decide case by case. A judge may read a clause narrowly or find it doesn't cover a particular injury or a particular person, such as a minor or an uninvited guest.
  • You can still be sued. A release or indemnity may help you win, but you may still have to pay to defend yourself, and an indemnity is only as good as the lessee's ability to pay.

UGA Extension puts it plainly: liability clauses reduce but do not eliminate the risk of a lawsuit, and adequate insurance from a reputable provider is the best protection. That's why the insurance clause, and checking that the lessee's policy is actually in force, matters as much as the waiver language.

Landowner and hunter shaking hands over a hunting lease

Your Rights as the Landowner

Don't sign away more than you mean to. Reserve the right to:

  • Enter the property at any time for inspection, farming, timber work or management
  • Hunt yourself, or with family, if you plan to (say so explicitly)
  • Allow other existing uses to continue, such as grazing, crop leases, utility rights-of-way or mineral operations, and require lessees to cooperate with those users
  • Sell the property, with a clause explaining what happens to the lease if you do

Then cover how the lease ends. UGA Extension's sample terms allow immediate termination without refund for a material breach, and termination for any reason on 30 days' written notice with a pro-rated refund. Add a no-guarantee clause stating that you don't promise lessees will harvest any game, and consider a choice-of-law clause, a venue in your county and a mediation step for disputes.

Where to Get a Hunting Lease Template

You don't have to start from a blank page. Common options include:

  • Extension publications: UGA's Circular 971 and Texas A&M's Texas Hunting Lease Checklist walk through each clause (UGA Extension).
  • A local attorney: the best choice for adapting releases and indemnities to your state's law.
  • Leasing services: Base Camp Leasing is one company that provides lease paperwork and handles marketing and lessee management for landowners. Compare its terms and fees with other leasing services and with managing the lease yourself.
  • Hunting clubs and associations: some clubs bring their own lease forms. Read them carefully, since they're written from the hunter's side.

Whichever route you choose, make sure every lessee signs and dates the lease, use a notary if signers can't be present and give everyone a copy.

The Bottom Line

A solid hunting lease agreement names the parties, maps the land, sets the term and payment, lays down clear rules of use, layers liability protections with required insurance, reserves your rights and explains how the lease ends. No checklist replaces local legal advice, but walking through these clauses before the season starts will prevent most of the disputes landowners run into.

This article is for general education and is not legal, tax or financial advice. Sources: University of Georgia Cooperative Extension, C 971 Tips for Creating a Hunting Lease Agreement (rev. 2024); Iowa State University Center for Agricultural Law and Taxation, General Legal Considerations for Hunting "Leases"; Texas A&M AgriLife Extension, EAG-008 Texas Hunting Lease Checklist (2014).

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Frequently asked questions

Not always, but it should be. Some states enforce short oral agreements, while others, such as Texas, require real property leases longer than one year to be in writing. A written lease makes the rules, payment and liability terms clear to everyone.

At minimum: the parties, a map of the leased land, the term, price and payment terms, rules of use, liability release and indemnity, an insurance requirement, landowner rights and termination terms. Have a local attorney review it before signing.

Extension specialists recommend it. Require hunting lease liability insurance at a stated minimum, kept in force for the whole lease, with you named as an additional insured, and ask for a certificate before the season starts.

No. Waivers reduce risk but do not eliminate it. Enforceability varies by state, waivers may not cover minors and you can still be sued and have to pay to defend yourself, which is why insurance matters.

University of Georgia Extension recommends one year or one season rather than multi-year terms. A short term lets you adjust price and rules or change lessees if the relationship doesn't work out.

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Author: ALA Staff

The American Landowner Alliance team writes practical guides for rural landowners on protecting, managing, earning from and passing on their land. Our articles draw on state law, university extension services and conservation agencies, with sources linked in every post.