This document discusses hunting leases, including: - Factors that determine lease rates such as habitat quality, trophy potential, and amenities. Deer lease rates average $10-15/acre. Waterfowl lease rates are as high as $14,000 for 200 acres. - Components that should be included in a written hunting lease contract such as property description, duration, payment terms, rules of use, insurance requirements, and liability provisions. - Ways for landowners to manage risk through proper lease agreements and insurance. Landowner liability depends on whether the person entering the property is a trespasser, licensee, or invitee.

1. Hunting Leases:
Do’s and Don’ts
Becky McPeake
Professor – Wildlife Extension
Arkansas Forest Resources Center

2. Purpose & Objectives
• Create awareness about the need for
hunting leases to be a written contract –
not a handshake!
• Understand the components of a hunting
lease
• Be prepared to meet with your attorney
when writing a hunting lease
– Save time and therefore attorney fees

3. Why a hunting lease?
• Offset increasing agriculture production
costs
• Help pay property taxes
• Reduce abuses of trespassers
• Available market of buyers
• Develop new income stream

4. How much income?
• It depends . . . .
– Location, location, location!
– Wildlife species
– Wildlife abundance
– Wildlife quality
• Trophies
• “Lifer”
– Amenities
– Marketing

5. Deer Lease Fee Rates
• University of Georgia study of 134 leases (2014)
– $10.10 per acre
– $1 to $21.15 per acre
• DeerPros (deerpros.com)
– Arkansas: $11/acre
– Georgia: $15/acre
• Mississippi State University
– Mississippi (& Arkansas): $8/acre

6. Factors Affecting Price
• Habitat quality
– Deer: mix of fields, crops and timberland (oaks)
– Waterfowl: flooded fields, history of ducks
– Doves: sunflowers, wheat, bare ground, water, roost
• Trophy potential (e.g., quality deer management)
• Landowner nearby (keep trespassers off)
• Distance from large city (supply and demand)
• Accessibility of the farm (tractor, ATVs); gates
• Electric and water hookups for a camper (or other
primitive lodging)
• Number of acres (lease price as size of land )

7. Waterfowl Lease Rates (example)
• Land leasing (example; sold out)
– 200 acres
– Near Cache River NWR & WMA
– Four 12-foot pits with sliding tops
– Fields planted in soybeans this year
– Water provided as part of the lease agreement
– $14,000 for exclusive hunting rights of duck, dove,
and quail ($70/acre)
– Brick three-bedroom home two miles from lease:
$2800

8. Waterfowl Lease Rates (examples)
• Self-guided hunt, daily pit lease
– $500 - $575 per day, up to 5 people
– Stuttgart vicinity, flooded crop fields
• Semi-guided hunt
– $175 - $195 per person, ½ day
– $235 - $275 per person with lodging (photo of bunk beds)
– Add evening goose hunt = $200, fishing trip = $150
– Stuttgart & Mississippi River vicinity

9. Waterfowl Lease Rates (example)
• Duck Hunting Guide Service
(includes lodge package)
 1 morning hunt/1 night =
$650
 2 morning hunts/2 nights =
$1250
 3 morning hunts/3 nights =
$1950
 4 morning hunts/4 nights =
$2550
• Combo Hunt Package
(+ afternoon goose
hunt)
 1 day = $850
 2 days = $1700
 3 days = $2450
 4 days = $3250

10. Dove Hunts
• $200 per day/gun
– Stuttgart vicinity
– Includes BBQ lunch
opening day
– 2015 sold out
• $150 per day/gun
– Lake Village

11. How Much Income?
• Guide service
• Lodging
• Meals
• Equipment rental
• Cleaning and
processing

12. Ancillary Activities• Shooting range for skeet,
trap, sporting clays, small
arms
• Fishing pond
• ATV or hiking trails
• Dog training and/or
boarding
• Campfire ring, storytelling
• Billiards, card table
• Large flat-screen to
televise sport events

13. Basics of a Hunting Lease
• Hunting lease is a contract
between two parties.
• No surprises.
• A detailed agreement in
written form.
• Protects both landowner
and hunter.

14. Before executing a hunting lease:
• Identify your goals for the property.
• Identify whether adequate wildlife or fish
populations exist on the property.
• Determine your price.
• Draft your written agreement.
• Identify any special concerns you might
have & incorporate them into the lease.
• Hire an attorney to prepare the legal
contract, i.e., hunting lease.

15. • Determine how you will monitor wildlife
populations on the property.
• Set up an accurate recordkeeping system
for your leases.
• Interview potential hunters.
Before executing a hunting lease:

16. Duration of the lease
• Year-round leases
• Limited duration
(seasonal) leases
• Day hunting leases
• Leases allowing general
recreational access

17. • Is the hunter’s use exclusive? Is it
restricted to certain game?
• Is there farming or other operations
ongoing?
• Cancellation terms
– With cause (e.g., hunting or criminal
violations)
– Without cause (usually requires 30/60 days
written notice by either party with pro-rated
rental)
Other provisions of a lease

18. The Basic Contract
• Landowner’s name & address
• Hunter’s name & address
• Who is entitled to enter the landowner’s land for
the purpose of hunting
• List the name of the hunter
• List the name of the other allowed guests
• List of other agents, employees, invitees, or visitors

19. The Basic Contract
• Leasing to a hunting club
– Arkansas law does not allow unincorporated
associations to enter into leases
– Hunting club must be incorporated to sign a
lease; otherwise hunting lease may be
declared null and void
– Landowner may be considered “a third-
party” when leasing to an incorporated
hunting club, which may offer additional
liability protection (Arkansas Recreational
Use Statute)

20. Have these in the file!
• For all officers, agents and members of a hunting
club leasing the property, have the following:
– Name
– Address
– Driver’s License Number
– Date of Birth
– Contact information

21. • Property description
– Specific legal description, including county
and state
– Map of property boundaries of leased land
• Duration of the lease
– Beginning and ending date hunter(s) is
allowed on the property
• How & when payment is to be made
– Monthly? Yearly? Seasonally?
The Basic Contract

22. • Security Deposit
– Is one required?
– How much?
– When is it due?
• Restrictions on Use
– Is hunting restricted to certain game?
– Is hunting restricted to certain seasons?
– Can they fish in the pond?
– Can they drive their ATVs anywhere when
no hunting season?
The Basic Contract

23. • Is the hunter required to maintain insurance
covering his/her use of the property?
– What are limits for bodily injury and property
damage that the landowner will require?
– Particularly applies when dealing with hunting
or fishing clubs
– Hunters might be able to purchase insurance
only for the period they use your property
• Is the landowner carrying insurance?
– If so, lease rental amounts can incorporate
insurance fees
The Basic Contract

24. Landowner Insurance
• Seek liability coverage.
• Consult with your insurance
provider.
• Some hunting lease activities may
be covered under an endorsement
to your general liability policy.
– “incidental business pursuit”
– may be tied to gross receipts for the
activity

25. Additional Insurance Concerns…
• Some excluded injuries may be common in
recreational pursuits
– Most “hunting accidents” occur in tree
stands or ATVs
• May need to:
– upgrade your existing policy
– seek endorsements
– seek insurance carried by
specialized brokers
– self insure
• Incorporate insurance cost into fees

26. User (Hunter) Insurance
• Require a certificate of insurance and
make sure it is current.
• Read the policy and make sure it covers
activities in the lease.
• Make sure the policy is with a reputable
firm and financially solvent insurance
company.
• Make sure the policy specifically identifies
the land where the activity will take place.
• Make sure you are the named insured.

27. User (Hunter) Insurance
• Make sure the users follow the terms,
conditions and provisions of the policy.
• Make sure the policy indemnifies you if
a judgment is obtained against you.
• Make sure the policy covers your legal
fees and expenses if you are sued.
• Make sure the users confine their
activities to the location in the policy.

28. Insurance Providers
• Check with your current insurance provider
• Internet search for “hunting lease insurance” or “hunt club
insurance” companies
• Arkansas Forestry Association membership benefit -
Outdoor Underwriters Insurance (www.arkforests.org)
– Hunt Club Insurance
– Timberland Insurance

29. General Policies or Rules
• Safety
– expectations of conduct
– stand placement / swinging on gamebirds
– requirements for attending hunting safety
course
• Good neighbor relations
– restrictions on placement of stands
– game collection
– farm activities
– settling disputes with neighbors

30. Include “do-nots” in the lease
• Don’t damage trees, crops, buildings, fences, roads, or
improvements
• Don’t drive ATVs off trail
• Don’t cut growing timber
• Don’t build permanent structures
• Don’t sublease
• Don’t litter or dump hazardous materials
• Don’t leave the gate open
• Don’t break hunting, fishing or game laws
• Don’t release feral hogs or other animals
• Others . . . . .

31. A word about alcohol
• Alcohol and hunting don’t mix!
• Specified where allowed and not
allowed, or not allowed at all.
• Make sure all contracts specifically
deal with this issue.

32. Include “do-s” in the lease:
• Report law violations to the landowner
• Keep vehicles from areas that shouldn’t be disturbed
• Communicate frequently with the hunter
• Allow access at all times to landowner and his/her
employees and agents
• Leave the forest, pastures, gates, etc. as they were found
upon arrival
• Describe where annual food plots can be developed
• Keep trash picked up
• Follow safe hunting practices & stand safety
• Others…

33. Other actions to protect
the landowner and the hunter
• Liability protection
• Risk management

34. Liability Protection
• As a landowner, you may be held liable
for injuries for those coming onto your
property, with or without permission:
– Trespasser
– Licensee
– Invitee

35. • If the landowner maliciously fails to guard
or warn against ultra-hazardous conditions
or activities, he/she may be liable.
Landowner Liability

36. Trespassers
• Someone who enters or remains on your land
without your consent
– Someone who hunts, swims, drives ATVs, etc. on your land
without your consent
– Someone who enters upon your land to commit a crime
– At common law, the duty of care to these individuals is
slight, but not non-existent
– “Duty of care” increases if a child
Trespasser caught on trail
camera at a hunting club
near Warren, Arkansas

37. • Can’t intentionally injure a trespasser.
• Can’t use more force than is necessary to remove a
trespasser.
• Can’t recklessly endanger a trespasser.
• Child trespassers (or those with “diminished
capacity”) are owed a higher “duty of care.”
• Place signs warning of ultra-hazardous conditions.
Trespassers: What to do?

38. Licensees
• Licensees are those entering
your land with your permission
and for their own purposes or
business interests.
– Social guests
– Unsolicited sales persons
– Hunters permitted to hunt without
paying fees to the landowner

39. • Duty of care is greater than that owed to trespassers.
• Can’t intentionally injure a licensee or recklessly
endanger a licensee.
• Should take steps to warn the licensee of dangers
conditions on the land.
Licensees: Your Responsibilities

40. Invitees
• Invitees are those coming onto
the land at the express or
implied invitation of the
landowner.
• Invitees come onto the land for the landowner’s
financial benefit.
• Owed greatest duty of care.
• Covers those charged a fee for hunting or other
recreational use of the land.

41. • Invitees count on the landowner taking reasonable
steps to ensure the premises are safe
• Should warn of existing and known dangers &
eliminate any dangers you can
Invitees: What You Owe Them
Repairing a culvert – don’t
drive down that road at night!
What else should be done to
reduce liability?

42. Arkansas
Recreational Use Statute
• Limits the landowners’ liability to the user.
– A landowner who invites anyone to use his/her land for recreational
purposes does not assure the land is safe.
– Landowners don’t assume responsibility for injuries to persons or
property caused by the user (hunter).
– Liability not incurred for natural or artificial conditions, structures, or
personal property on the land.
• Creates a protection to the landowner for permitting
recreational use land.
– Designed to encourage landowners to make areas available to the
public for recreation.
– If you charge a fee, your immunity may be affected under the statute.

43. • “Charges” includes admission fees for permission to go
upon or use the land, but does not include:
– Sharing of game, fish or products
– Contributions in kind, services or cash paid to reduce or offset
costs and eliminate losses from the use (e.g., property taxes,
insurance, habitat improvements)
Arkansas
Recreational Use Statute

44. • Since charging for recreational use of land may
affect your immunity from liability under the
recreational use statute, consider other means
of limiting liability, such as through:
– reimbursement for property taxes
– reimbursement for land improvements
– insurance coverage
– add verbiage to your contract consistent with
the Recreational Land Use Statute
• Check with your attorney.
Limiting Your Liability

45. Limiting
Trespass and Licensee
Liability
• Posting paint
• Signs
• Written permission requirement

46. Hunting Regulation (AGFC)
• To hunt, fish, trap or release hunting dogs on private
property, hunters must have permission from the
landowner or leaseholder.
• If the property is not posted, verbal permission is
required.
• If the property is posted, each person must carry written
permission (“Permission to Hunt Card” available on-line at
www.agfc.com)
• Written permission is not required of relatives of the
landowner or lessee who can verify permission.

47. Posting Paint (AFC)
“It shall be unlawful for any person to enter upon any real
property posted under the provisions of this subchapter
without the written consent of the owner or lessee of the real
property.” ACA 18-11-403(a)(2)
Purple, semi-paste, tree marking paint which meets or exceeds
the following specifications:
• Pigment . . . . . . . . . . . . . . . . . . . . . . 62.6%
– Titanium Dioxide 22.2%
– Calcium Carbonate 77.8%
• Vehicle . . . . . . . . . . . . . . . . . . . . . . . 37.4%
– Oleoresinus Vehicle 47.2%
– Petroleum Solvents 45.4%
– Driers, wetting agents, & tinting materials 7.4%

48. Signs
• “Posted” and/or
“No Trespassing” in letters at least 4” high.
• Readily visible.
• Forested land – signs placed 100 feet apart and at
each road entrance.
• Cultivated land, orchards, pasture land,
impoundments, other – signs placed 1000 feet
apart and at each road entrance.

49. Limiting
Invitee (User)
Liability
• Signed contract (lease agreement)
• Include descriptions of hazards on lease
• All users sign a Release Agreement
• Form a Limited Liability Corporation (LLC)

50. Risk Management
• Reduces your exposure to
liability.
• Don’t assume all users have
common sense.
• Don’t assume users are
aware of obvious dangers
on the property.

51. Risk Management
• Conduct routine safety audits and keep a record.
• Remove potentially dangerous
objects.
• Fill in abandoned wells and holes.
• Fence off dangerous areas.
• Post warning signs.
• Make sure hunters are aware of other users that
might be on the property.
• Keep livestock, horses, or other animals separate
from users.

52. Risk Management
• Deal with “attractive nuisances”
such as barns, ponds, machinery.
– Require children be supervised at all
times.
• Make a list of do’s and don’ts, and
give it to all users.
• Make sure they read your list – read
it aloud to them.
• First aid awareness, nearest
hospital, emergency response
procedures, etc.

53. Release Agreement
• Releases the landowner from legal
liability for injuries the user may receive
while on your property.
• Many factors determine how a judge will
rule on a release agreement.
• Some attorneys contend not worth the
paper written on, but may add another
legal barrier.

54. Limited Liability Company (LLC)
• Protects members from personal liability
• Keep payments and expenditures in a separate
account – do not mix with personal
• More flexibility than other types of corporate
arrangements
• Arkansas Secretary of State
– Initial set-up charge
– Annual franchise fee
• Additional requirements & tax structure
• Seek attorney’s assistance to determine if this is
the best option for you

55. Marketing Your Hunting Lease
• Don’t exaggerate or make false claims
• Develop a strategy to reach your target
audience
• Word-of-mouth, social media
• Promotional campaign
– Direct marketing
– Media advertisements
– Outdoor trade shows & conventions
– Celebrity endorsements

56. • Is it financially worthwhile? beneficial?
• Have you identified a dependable clientele?
• Are there positive effects on your other land
management goals?
• Do you enjoy working with people?
• Are you comfortable with allowing strangers
on your land?
Is a Hunting Lease for You?

57. Hunting Lease Don’ts:
• Make a handshake agreement – trouble!
• Prepare a contract on your own, without
consulting an attorney
• Under- or over-price your lease
• Sign up the first hunter who calls
• Overlook hazards and potential hazards that could
result in liability negligence claims
• Assume no one would ever be “unwise enough”
to… (fill-in-the-blank)
• Ignore known trespassers, or harm them
• Over-represent what your property has to offer

58. Hunting Lease Do’s:
• Have an attorney prepare a written contract &
release agreement
• Require hunters sign a contract & release
agreement
• Require hunters provide proof of insurance
coverage; check your insurance policy & get
additional coverage if necessary
• Conduct a risk assessment & routine safety
audits of your property & make repairs
• Install warning signs/no trespass/posting paint
• Lease to individuals or incorporated hunt clubs
• Consider forming an LLC

59. Resources
National Agricultural Law Center
(nationalaglawcenter.org)
University of Arkansas Division of Agriculture
Cooperative Extension Service
Arkansas Forest Resources Center
(www.uaex.edu)