Sunfish Valley Outfitters Overflow Acre Hunt Membership ...



Sunfish Valley Outfitters Overflow Acre Hunt Membership Contract

This Agreement is made as of this ____________ day of _______________________, 20_____, between Sunfish Valley Outfitters, of Pike County, Ohio, hereinafter called SVO, and__________________________________________________________________________,

whose address is________________________________________________________________, hereinafter called Member, Witnesseth:

SVO, upon and subject to the terms, provisions and conditions hereinafter set forth and referred to, hereby grants to Member the privilege, to enter upon and use the real property designated as overflow properties by SVO situated in Pike, County, Ohio solely for hunting purposes.

The membership will commence on the _____________day of _______________, 20_____ and shall terminate automatically at midnight on the _________ day of _____________, 20_____. Prior to the termination date, SVO may, for any reason whatsoever and without cause, terminate this Membership effective upon 30 days written notice to Member. Upon termination of this membership, whether at the expiration of the term or by notice of intent to terminate by SVO, Member’s right to enter upon and use the Overflow Properties shall cease.

Terms, Provisions, and Conditions

1. Member must comply with all Game and Fish Laws and regulations and all the other laws (whether statutory or common law), codes, rules, and regulations of the United States, the State of Ohio and all other governmental authorities.

2. Member is only permitted to hunt on designated Overflow Properties. These Overflow Properties will be marked with appropriate signage. Member hunting on POSTED SVO property that is allocated for our guided hunts or any other Non-Overflow Properties will be charged with criminal trespassing and this contract will be rendered null and void.

3. Member is permitted to hunt for turkey, whitetail deer by bow or muzzleloader, mushrooms, shed antlers, small game, and other approved game. SHOTGUN SEASON FOR WHITETAIL DEER IS NOT INCLUDED IN THIS MEMBERSHIP.

4. Member will exercise due care to prevent, control, and eliminate forest fires, and will not cause or permit damage or injury to the Overflow Properties. Member shall neither ignite nor permit to be ignited any fires on the Overflow Properties, except small camp and cooking fires. Member shall carefully control and extinguish all such camp and cooking fires and shall not permit any such fire to burn openly or spread out of control. Member shall carefully avoid fire or heat damage to overhead vegetation and nearby trees. Any damage done by Member will be repaired by Member at Member’s expense. Member shall not be permitted to cut or remove any trees or vegetation. Member may use existing dead and down wood, branches, and trees for camp and cooking fire purposes. Member may not collect nor remove fire wood for personal use.

5. SVO shall have no responsibility or liability to Member or any other person, firm, or corporation for any claim, loss, or injury to person or property, in any manner caused by, based upon, or arising in any way from the exercise by Member of its rights and privileges hereunder or anything done or omitted or in any manner arising, hereunder; Member hereby agrees and binds itself to indemnify, defend, and hold SVO harmless from any and all liabilities, losses, damages, claims, costs, and expenses (including, without limitation, reasonable attorney’s fees, and expenses) arising out of or resulting from the exercise by Member, of its rights and privileges hereunder, or anything done or omitted or on any manner arising hereunder.

6. No permanent structures of any kind or character shall be permitted at any time on any part or parts of the Overflow Properties, and no nails, screws, or spikes, or other objects shall be driven into or otherwise attached or fastened to any tree on the Overflow Properties. THE BARK OF THE TREE IS NOT TO BE PENETRATED IN ANY MANNER. No electric power lines, telephone lines, or wells will be permitted on the Overflow Properties. Stands and steps that chain or strap on are permitted.

7. Member must notify SVO at least one week in advance of where and how long they intend to hunt and understand that that specific zone they have chosen may already be occupied by other members, in which case the Member will be redirected to another zone.

8. CAMPING IS NOT PERMITTED ON THE OVERFLOW PROPERTIES

9. No one, other than Member shall at any time be permitted to exercise any right or privilege under this Membership and then only in strict compliance with all terms, provisions, and conditions of this membership

10. Horseback riding and use of ATV’s, four-wheelers, and related vehicles is prohibited, provided, however, that Member may use an ATV, four-wheeler, or related vehicle for purposes of hauling out a downed deer or for disability purposes only.

11. Member shall use existing trails and roads only. Construction of new trails and roads is expressly prohibited. Member shall also avoid wet, swampy, or wet land area if rutting would occur.

12. It is expressly agreed and understood that any and all maps, drawings, photographs, sketches, or tracings of the Overflow Properties which might be available, are available only as an accommodation and represent general outlines of the Overflow Properties and not exact boundaries.

13. In addition to all other terms and conditions of this Membership, and without limiting any of the said terms and conditions, Member’s also agree to the following:

a. Member shall not use verbally abusive language, swear, threaten, or otherwise use menacing behavior, shall not threaten to use or use physical force, and shall never brandish any weapon or firearm, or threaten to use any such weapon or firearm against any other person

b. Excessive use of alcohol, hunting while intoxicated and drunken or disorderly conduct is prohibited. Excessive firing of weapons or firearms for non-hunting purposes, and unregulated firing at targets or other objects is prohibited.

c. Firing ranges are prohibited

d. Firing or discharging of weapons across property lines, outside of the Overflow Properties, at farm animals, buildings, trees, or other persons is prohibited.

14. SVO MAY TERMINATE THIS MEMBERSHIP AT ANY TIME FOR THE VIOLATION OF ANY PROVISTION BY MEMBER. NO SUCH MEMBER SO VIOLATING ANY PROVISION OF THIS MEMBERSHIP SHALL HAVE ANY RIGHT TO CURE ANY SUCH VIOLOATION. SVO SHALL HAVE NO DUTY OR OBLIGATION TO REFUND OR REPAY ANY PART OF THE CONSIDERATION FOR THE MEMBERSHIP IF A VIOLOATION OCCURS. FAILURE TO EXERCISE THIS OPTION SHALL NOT CONSTITUTE A WAIVER OF ANY RIGHT OF SVO.

15. Any individual Member agrees and represents that he is of the age of majority in Ohio. With regard to any minor with whom any Member accompanies on the Overflow Properties, such as individual Member, shall ensure that such minor conducts himself in a safe, lawful and appropriate manner and in compliance with all other provisions of this Membership and shall indemnify, defend and hold harmless SVO from any expense or liability incurred in connection with any claim, action or suit brought by or on behalf of such minor or by any third parties which might arise from or in connection with such minor’s presence on or use of the Overflow Properties. Member’s failure to ensure such safe, lawful, appropriate and compliant conduct of a minor shall entitle SVO to exercise its rights under paragraph 11 of this Membership.

16. Members understand and agree that SVO is not required to renew this Membership.

17. Member shall not cut or remove any of the timber located on the Overflow Properties or, without limiting the generality of any other provision of this Membership, do or permit to be done upon the Overflow Properties anything which would interfere with the exercise by SVO of any of its timber cultivation, planting, harvesting, cutting, management and related timber activities, or which may materially damage, destroy or detract from or adversely affect the timber or any of the other natural environment qualities and properties of the Overflow Properties. Member shall not permit anything to occur on the Overflow Properties which constitutes an illegal act or a nuisance. Member shall keep the Overflow Properties free of all trash, refuse and garbage caused by Member.

18. WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISIONS OF THIS AGREEMENT, MEMBER ACKNOWLEDGES THAT (A) NO REPRESENTATIONS HAVE BEEN MADE BY SVO OR ANY OF SVO’S EMPLOYEES OR AGENTS WITH RESPECT TO THE CONDITION OF THE OVERFLOW PROPERTIES ACCESS THERETO OR ITS SUITABILITY FOR THE USES PERMITTED UNDER THIS AGREEMENT AND (B) SVO SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO MEMBER OR ANY OTHER PERSON, FIRM OR CORPORATION FOR, AND MEMBER ASSUMES ALL RISK ASSOCIATED WITH, SVO’S USE AND OCCUPANCY OF THE OVERFLOW PROPERTIES AND ALL LOSS, DAMAGE OR INJURY THAT MAY BE INCURRED BY MEMBER. MEMBER HEREBY RELEASES, WAIVES AND DISCHARGES SVO AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL LIABILITY TO MEMBER AND MEMBER’S PERSONAL REPRESENTATIVES, SUCCESSORS, ASSIGNS, HEIRS AND NEXT OF KIN, FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OF MEMBER OR RESULTING IN DEATH, WHILE MEMBER IS IN OR UPON THE OVERFLOW PROPERTIES FOR ANY PURPOSE. WITHOUT IN ANY WAY LIMITING ANY OTHER PROVISIONS OF THIS MEMBERSHIP, SVO SHALL HAVE NO DUTY OF CARE, WARNING, REFRAIN OR ANY OTHER DUTY OR OBLIGATION TO MEMBERS, PERMITEES OR OTHERS IMPOSED BY COMMON LAW OR OTHERWISE UPON OWNERS OR PROPERTY. MEMBER AGREES THAT THE OVERFLOW PROPERTIES ARE AVAILABLE “AS IS,” “WHERE IS,” WITH ALL FAULTS AND DEFECTS WHATSOEVER, WHETHER EXISTING OR HEREAFTER ARISING, AND THAT SVO SHALL NOT BE OBLIGATED TO PROVIDE ACCESS TO THE OVERFLOW PROPERTIES.

19. MEMBER ACKNOWLEDGES (a) that owner owes no duty to member to keep the Overflow Properties safe for entry or use, (b) extends no assurance to member, through the act of giving permission or executing this Membership, that the Overflow Properties are safe for entry or use and assumes no responsibility for and incurs no liability for any injury to person or property caused by any act of member.

20. All personal property placed upon the Overflow Properties shall be at member’s sole risk, and SVO shall not be liable for any loss or damage to such property from any cause whatsoever.

21. These Overflow Properties shall be governed by, and shall be construed and enforced in accordance with, the laws of the State of Ohio. For the purpose of any action or proceeding involving this membership, member hereby expressly and irrevocably submits to the exclusive jurisdiction of the Common Pleas Court of Pike County, Ohio.

22. SVO’s address for purposes of this Membership shall be Sunfish Valley Outfitters, 4315 State Route 124, Latham, Ohio. Member’s address for purposes of this Membership shall be as set forth in the first paragraph above.

IN WITNESS WHEREOF, SVO and Member have here unto set their hands and seals, and executed this Membership in duplicate, each of which shall for all purposes be the original.

MEMBER

______________________________

(Signature)

______________________________

(Typed or printed name)

______________________________

(Title if any)

Dated:_________________, 20_____

SUNFISH VALLEY OUTFITTERS

______________________________

(Signature)

______________________________

(Typed or printed name)

______________________________

(Title if any)

Dated:_________________, 20_____

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