LICENSE AND RELEASE AGREEMENT
THIS LICENSE AND RELEASE AGREEMENT (“Agreement”) is made as of the date first stated below, between Carol Marie Ranch, LLC, a Texas limited liability company and Michael Lee, sole member of Carol Marie Ranch, LLC, an individual having his place of residence at 3616 Potomac Avenue, Dallas, Dallas County, Texas (collectively, “Licensor”), and each of the undersigned individual(s) identified on the signature page below as a Licensee, hereafter referred to individually and collectively as the “Licensee.”
W I T N E S S E T H:
In consideration of the mutual promises contained herein, it is agreed as follows:
1. License Granted. The Licensor, for and in consideration of the mutual promises, covenants, and agreements contained herein, and subject to the rights reserved in Paragraph 5 hereof and Licensee’s compliance with the Rules and Regulations annexed hereto as Schedule A and made a part hereof, hereby grants to the Licensee are vocable, non-exclusive license to use the parcel of land described in Exhibit A, annexed hereto and made a part hereof, hereinafter called the “Premises,” for purposes of hunting, motorsports, and general recreation. This license shall be effective for a term of three (3) years, commencing on the date first set forth on the signature page below (the “Effective Date”) and expiring three years after the Effective Date, unless sooner revoked or terminated in accordance with the terms and conditions of this Agreement.
2. Release and Indemnification.
(a) In consideration of being permitted by Licensor to access and use the Premises, and to participate in certain inherently dangerous activities conducted thereupon, Licensee, for himself and on behalf of Licensee’s spouse (if any), Licensee’s minor children accessing the Premises (if any), Licensee’s guests and invitees accessing the Premises (if any, whether permitted or unpermitted by Licensor), together with Licensee’s legal representatives, heirs, successors, and assigns (collectively, the “Licensee Parties” and singularly, each a “Licensee Party”), hereby releases, waives, and discharges Licensor and its respective equity owners, officers, directors, employees, agents, legal representatives, heirs, successors, and assigns (collectively, the “Releasees”), from all liability to any and each of the Licensee Parties, their legal representatives, heirs, successors, and assigns, for any and all loss or damage, and any claim or damages resulting from the same, on account of injury to the person or property of any of the Licensee Parties, including, without limitation, injury resulting in the death of one or more Licensee Parties, arising from the use or condition of the Premises, whether caused by the negligence of Releasees or otherwise, while Licensee or any Licensee Party is upon or otherwise accessing the Premises, irrespective of whether such injury results from an inherently dangerous activity.
(b) LICENSEE AGREES, ON BEHALF OF HIMSELF AND EACH OF THE LICENSEE PARTIES, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES AND EACH OF THEM FROM ANY LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR FROM THE CONDITION OF THE PREMISES OR USE THEREOF BY ANY LICENSEE PARTY, WHETHER CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY OF THE RELEASEES, OR OTHERWISE.
(c) Licensee assumes full responsibility for the risk of bodily injury, death, or property damage to the Licensee Parties due to the negligence of Releasees or otherwise while in or upon the Premises. Licensee agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that if any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
3. Licensee’s Rights. The Licensee is hereby granted, subject to the rights of the Licensor: the privilege to occupy the Premises during the term of this Agreement; to use and occupy any of the buildings year-round; the non-exclusive right to cut and use firewood for heating purposes, but only in any of the buildings located on the Premises; provided, however, that said firewood shall be taken only from dead or fallen trees or cut from trees expressly marked by Licensor for that purpose, if any.
4. Obligation to Report. Licensee shall report promptly to Licensor any violations of the use of the Premises under this Agreement, including, without limitation, violations of the Rules and Regulations annexed hereto as Schedule A, the cutting or removal of logs, timber, stovewood, gravel, or other natural resources. Licensee shall report to the Licensor immediately any unusual circumstances which involve or affect the Premises.
5. Reservation of Rights. The Licensor hereby reserves, effective at all times during the term of this Agreement, all rights in the Premises not expressly granted to Licensee herein, including, without limitation, all rights of access, use, enjoyment, possession, transfer, and alienation of the Premises, in whole or in part. In the event of any conflict between the rights granted to Licensee pursuant to the terms of this Agreement and any right in the Premises exercised by the Licensor, the Licensor’s superior right to exercise its rights in the Premises shall be considered controlling, superior to, and to the exclusion of the rights of Licensee.
6. Improvements. Licensee shall maintain all improvements upon the Premises in good repair, reasonable wear and tear excepted, at all times during the term of this Agreement and at Licensee’s sole cost and expense. Licensee shall maintain all furnishings and equipment provided by the Licensor in good repair and return same to Licensor at the end of the term. Licensee may not erect any buildings or other improvements on the Premises without the prior written permission of the Licensor. The title to any such building or other improvements shall vest in the Licensor immediately upon erection.
7. Compliance with Laws. Licensee shall fully cooperate with the Licensor and the duly authorized federal, state, or local authorities in complying with and enforcing all laws and regulations now in effect or hereafter enacted or promulgated pertaining to the protection of fish, birds, and game; the use of the Premises for hunting, trapping, and fishing purposes; and the use of the property by the public in accordance with any conservation easement hereinbefore or hereinafter granted by the Licensor to the People of the State of Texas. Licensee shall comply with the terms of said Conservation Easement. Licensee shall indemnify and hold harmless Licensor for any violation by it or its members of said laws or regulations or conservation easement. Licensee shall restrict its usage of the Premises, described in Schedule A and annexed hereto, to its members and guests only. Licensee shall not permit any commercial use of the premises.
8. No Assignment. Neither this Agreement nor the license or attendant rights granted to Licensee hereunder shall be assigned, in whole or in part. Licensee shall not use or permit the Premises to be used by anyone, for any purpose other than the above specified, without the prior written consent of the Licensor. Licensee shall cause any guest or invitee of Licensee (including, without limitation, Licensee’s spouse and minor children) to execute and deliver to Licensor a copy of this Agreement prior to allowing any such guest or invitee to access or use the Premises. Licensee shall indemnify and hold harmless Licensor from any and all liability that may arise to Licensor as a result of Licensee’s failure to secure the written agreement of any invitee or guest to consent to the terms of this Agreement.
9. Termination. Licensor may terminate this Agreement and revoke the license and all attendant rights granted hereunder, at any time and subject to the sole and absolute discretion of Licensor. Licensor shall give Licensee at least three (3) days’ written notice prior to the effective date of termination of this Agreement.
10. Notices. Any notice required to be given to Licensor shall be in writing and sent certified mail, return receipt requested, to Michael Lee, 3616 Potomac Avenue, Dallas, Texas 75205. Any notice required to be given to Licensee shall be in writing and sent certified mail, return receipt requested, to the name and address provided by Licensee on the signature page below. A correctly addressed notice shall be deemed complete three business days following tender with sufficient postage to the United States Postal Service.
11. Entire Agreement; Modification; Waiver; Governing Law. This Agreement contains the entire understanding of the parties; there have been no representations made which are not contained herein. This Agreement may only be modified by a written amendment signed by both parties. An oral modification shall not be binding on either party. Any failure by either party to enforce any right arising hereunder shall not be deemed a waiver of such right. This Agreement shall be subject to and construed in accordance with the laws of the State of Texas.
The parties hereto have set their hands and seals the day and year first written below.
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SCHEDULE ARULES AND REGULATIONS GOVERNING ALL ACTIVITIES ON PREMISES:
A. PROHIBITED ACTIVITIES: No person entering the Premises shall be allowed to:
1. Participate in any hunting, fishing, trapping, motorsports, or other inherently dangerous activity on the Premises while under the influence of any alcoholic beverage, drug, or controlled substance (other than a prescription drug taken by the person for whom it is prescribed in the dosage listed).
2. Participate in any hunting, fishing, trapping, motorsports, or other inherently dangerous activity unless in possession of a valid, current license to participate in such activity, as and to the extent required by the laws of the State of Texas.
3. Enter on the Premises in possession of any firearm unless he or she possesses a valid, current license or permit in good standing to own, possess, or operate the specific firearm or weapon that he or she brings onto, or discharges on, the Premises, as and to the extent required by the laws of the State of Texas.
4. Shoot or discharge a firearm, bow, or other weapon (a) from a vehicle (whether moving or stationary), or (b) in the direction of any building, house, barn, other improvement upon the Premises, or across any road, established walking or hiking path, or haul road located on the Premises.
5. Erect a deer stand, duck blind, or other hunting stand or blind within one hundred feet (100’) of the boundary of the Premises, or of any building, house, barn, other improvements located thereon, without regard to whether such building, house, barn, other improvement is occupied or in current use.
6. Permanently affix a deer stand in any tree.
7. Build or allow fires on the Premises, except in those areas specifically designated by Licensor, and, in such event, the control, dousing, and care of such fires shall be the sole responsibility of Licensee, who shall be fully liable for any damage caused by such fires or by the failure to control, douse fully, or care for such fires or by any other negligence or willfulness with regard thereto.
8. Cause damage to any fences, buildings, roads, paths, trails, signs or postings on the Premises, including but not limited to, abuse of existing dirt paths and roadways by operation of vehicles during wet or damp conditions, or defacing of signs posted on trees or fences or gates.
9. Harass, discharge, or threaten to discharge a weapon at, or endanger any other person on the Premises (including, but not limited to, Licensor and his or her employees, agents, invitees, guests, licensees, and assigns) or any livestock on the Premises.
10. Leave open a gate found closed or close a gate found open.
11. Dam or otherwise obstruct any stream or other waterway.
B. MANDATED ACTIVITES: Licensee and any person on the Premises shall be required at all times to:
1. Carry with them, and provide for inspection upon request by Licensor or its representative, a copy of any license, permit, certification, or other authorization for the weapon(s) in their possession.
2. Carry with them, and provide for inspection upon request by Licensor or its representative, a copy of any license, permit, certification, or other authorization to engage in the type of hunting being conducted (i.e., in season permits for hunting of particular animals, using the type of weapon carried, such as a seasonal bow permit to hunt deer).
3. Act in accordance with best hunting practices, and best practices with regard to the use and discharge of a weapon, particularly with regard to the welfare and safety of other persons on or in the vicinity of the Premises.
4. Remove all garbage, refuse, shells and shell casings, stands, hunting equipment, tents, camp refuse or waste, animal carcasses or guts from cleaning a carcass, or other evidence of hunting activities on the Premises.
5. Report any observed or suspected infraction of these Rules and Regulations to the Licensor as soon as practicable after observing them.
6. Report any observed or suspected injuries (other than minor injuries requiring minimal first aid on scene) to any person on the Premises immediately, and seek immediate medical attention for such injuries; and
7. Leave the Premises in at least as good condition as upon entry thereon.
C. SPECIAL PROVISIONS GOVERNING MINORS:
All minors permitted by Licensee to access the Premises shall at all times be under the direct supervision of one of the minor’s parents or guardian; such parent or guardian, along with Licensee, shall solely be jointly and severally responsible for the actions of, and any and all injuries to, such minor at all times.
