Want to contract with a hunting outfitter? Following are some do's and don'ts from Raton, N.M., attorney Paul Kastler, who has 45 years of experience in property law. He works with numerous area ranchers every year.
- The most important thing to consider is the
credibility, integrity and credentials of the
outfitter. There are many guides who want to get
into the more lucrative outfitting business.
Get references.
- Keep the agreement short-term--not more
than one season--until you have experience with
the outfitter.
- Be as specific as possible, even down to details like
closing fence gates and driving only on existing
ranch roads.
- Designate the areas to be hunted. Exclude cattle
areas, residences and barns.
- If the outfitter and hunters will be staying in any
ranch buildings, get a damage deposit of not less
than $5,000 per building per season.
- Don't let the outfitter on your land until you have
the outfitter's liability insurance policy
in hand.
- Specify the number of permits the outfitter
receives for each type of animal, and place a
specific dollar value on each type of animal
to be taken.
- Include covenants related to the use of alcohol,
compliance with game laws, conditions on
payment, areas that can be used and when.
- Get payment in advance--full payment if possible.
At a minimum, require a portion up front and
quarterly payments thereafter.
- Require responsibility and reimbursement of any
livestock or property damage, and restrict hunters
to a specified number of feet from
ranch buildings.
- Specify no fires.
- Always include a default clause to terminate the
contract and a hold-harmless clause. Also require
that the outfitter have all hunters sign indemnity
and hold-harmless agreements in order to release
the ranch from liability.
- Don't accept documents drawn up by anyone but
your attorney. Typical agreements will cost $1,000
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