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| Hunter 2 | Hunter 7 |
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| Hunter 3 | Hunter 8 |
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| Hunter 4 | Hunter 9 |
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| Hunter 5 | Hunter 10 |
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Hereinafter referred to as Private Group Licensees.
I 1. Use: The Licensor grants Private Group Licensees access to land leased by Licensor from Costanza Farms, also known as Finger Lakes Ranch, for the sole purpose of white tail deer hunting. Finger Lakes Ranch Lodge Package provides Private Group Licensees access to 400 acres of land with the following tax map ID: 81.01-1-1
And Finger Lakes Ranch Club Package provides Private Group Licensees access to 600 acres
of land with the following tax map ID: 68.02-12, 68.02-1-3
Private Group Licensees shall not, at any time, have access to both parcels, neither shall Lodge Package Group Licensees have rights or access to the Club Package reserve land area, nor shall the Club Package Group Licensees have right or access to the Lodge Package reserve land area.
I 2. Term of License: The Licensor grants Private Group Licensees a license to hunt white tail deer for a period of one (week/season), commencing Sunday, , 200__ at 12:00 noon and ending Saturday, , 200__ at 12:00 noon. Early arrivals will not be permitted without prior consent of Licensor.
I 3. License Fees: The Private Group Licensees agree to pay $2100/per week | $7000/season, per private group. Licensees also agree to pay 50% of the entire fee as a non-refundable reservation deposit, and an additional $400.00 as a refundable Security Deposit. Licensees agree to pay, in whole, the entire fee amount, by August 31
I 4. ATV Permit Fees: Private Group Licensees agree to pay Licensor $100.00 per ATV per week for each ATV that the Private Group Licensees bring to Finger Lakes Ranch. Private Group Licensees agree not to use any non-permitted ATV’s and that all ATV’s will display the permit tag on the handlebar during the term of this license. All ATV riders must read and sign ATV release form and no ATV weighing over 750 pounds shall be permitted on the premises.
I 5. Compliance with Laws: Private Group Licensees agree to obey, abide by, and strictly adhere to all Federal, State, Local and Licensors laws, rules, ordinances, and administrative orders, including all firearm laws and NYS hunting rules and regulations. All Private Group Licensees are required to obtain at their sole expense and effort, a valid NYS big game white tail deer-hunting license as promulgated by NYSDEC. If any member of Private Group Licensee violates any rules, ordinances, laws, etc. while utilizing Licensor’s license, this agreement will immediately terminate, and all Private Group Licensees shall forfeit all fees paid.
I 6. Effective Date of License: The effective date of this license agreement is upon the signatures of all members of Private Licensee Group and upon receipt of all license fees called for in this agreement.
I 7. Assignability of License: This License cannot be assigned or transferred without the sole and express written permission of Licensor. This License can not be resold or traded in any manner whatsoever by Private Group Licensees, nor can any member of Private Group Licensee sell, trade, assign or transfer their individual rights under this agreement for any reason, including sickness.
I 8. Indemnification of Licensor by Private Group Licensees: Private Group Licensees agree to indemnify and hold harmless Licensor, Costanza Enterprises, Costanza Farms, and all Costanza landowners against any and all claims arising from any and all injuries, accidents, deaths, resulting from use of this License Agreement of Licensor’s property, regardless of any actual or implied negligence of Owner. Licensee understands and assumes all inherent risks involved in hunting with firearms and deadly weapons on the natural terrain and shall wholly indemnify Landlord, agents, heirs, successors and
I 9. License Terms, Conditions and Disclaimers:
A.
QDM: Licensor subscribes to Quality Deer Management (QDM) practices and Private Group Licensees agree to obey all QDM practices under the terms of this license agreement.
B.
Pass: Licensor will issue a License pass to all members of Private Group Licensee, which Licensees agree to display on their outer wear during the entire license term.
C.
NYS License: Licensor requires that each Private Group Licensee obtain a valid NYS Big Game White Tail Deer license prior to the final issuance of Licensors license.
D.
Trespass: Private Group Licensees agree to stay within all property boundaries, and not trespass on adjacent or other lands during the license term. All boundaries have been properly posted.
E.
Tree stands: Private Group Licensees agree not to use any pre-existing tree stands within Finger Lakes Ranch, and that doing so may result in injury or death. Private Group Licensees also agree to only use, on a voluntary basis only, portable, self-owned, tree stands of which the installation and removal is the sole responsibility and liability of Private Group Licenses. In doing so, Licensees agree not to install any permanent stands, fasteners, or other permanent devices on any tree or to do any other action that may result in damage to the tree. Licensor takes no responsibility for the loss or theft of any tree stands installed by Private Group Licensees, and all tree stands shall be removed prior to the end of the license term.
F.
Blaze Orange: All Private Group Licensees agree to wear blaze orange in accordance with NYS law.
G.
Safety Officers: Licensor will provide up to three safety officers per parcel, to enforce this license agreement and to prevent outside trespass by non-licensed hunters. All safety officers are granted full hunting privileges by Licensor and such privilege can only be withdrawn by Licensor, not Licensees. Licensors will make reasonable efforts to notify Licensee as to the number and location of all safety officers.
H.
ATV’s: Licensor requires permits for all Private Group Licensees’ ATV’s. All ATV usage is at Licensees sole risk. ATV usage is inherently dangerous and usage on any mountain trail increases the risk of bodily harm, severe injury or even death. Licensee indemnifies Licensor for all consequences of Licensees’ ATV usage without regard to the terrain, steepness, slipperiness due to frost, ice, or snow on the trails or roads or other areas Licensees travel. Licensee shall only operate their personal ATV and use proper judgment with regard to speed, choice of terrain, and whether an ATV should be operated in any given weather and slope condition.
I.
Litter: Licensees shall not litter, and shall be charged for the pick-up and disposal of their litter.
J.
Visual Confirmation: Licensee shall be fully responsible for visually identifying and confirming their target prior to discharge of their firearm.
K.
Other Farm Operations: Licensor is one of several on-going operations on the land known as Finger Lakes Ranch. Other operations include hay, beef, and timber operations. As such, we reserve the right to conduct these operations or activities pertaining to these operations at any time throughout the calendar year. Further, it is possible that one or more of these operations will disturb or interfere with Private Group Licensees. Licensor will use efforts to minimalize any such disturbances, but will not be able to eliminate them entirely. Private Group Licensees shall not have the right to determine, modify, or terminate any such activities, nor will refunds be provided because of disturbances arising from these on-going operations, if any.
L.
Vehicular Travel: There shall be no vehicular travel(other than permitted ATV’s) in the entire reserve area whatsoever. All vehicular travel, except for permitted ATV’s, shall be strictly forbidden, and any damage caused by unauthorized travel by any licensee shall be the legal liability and of all group licensees.
II 1. Use of Lodge: Up to five (5) Private Group Licensees shall have use of Finger Lakes Ranch Lodge located at 1220 Italy Valley Road, Naples, New York, 14512, in addition to access to the 400 acre reserve area for the term of this license with conditions listed in this license agreement.
II 2. Lodge Conditions, Rules, and Provisions:
A.
Occupancy: Private Group Licensees shall only take occupancy for the term of this license agreement.
B.
Use: Lodge use and occupancy shall be restricted to Private Group Licensees only, and Private Group Licensees shall not have the right to invite unauthorized guests, hunters or any other persons into lodge. Further, Private Group Licensees shall have the use of the Lodge for sleeping at night and normal, legal lodging activities. Any illegal or non-permitted usage of Lodge will immediately terminate this license agreement without refund to Private Group Licensee in part or whole.
C.
Services Provided: Licensor will provide at no additional cost to Private Group Licensee electric, heat, water, local telephone service and standard satellite TV. Long distance telephone or pay movies will be charged to Private Group Licensee security deposit.
D.
Lodging Provisions: Licensor will provide, as part of the Lodge use, all cooking utensils, cutlery, linens, furniture, and other necessary furnishings during the Licensees lodge occupancy. Licensee shall provide their own towels, paper products (eg: toilet paper, paper towels) and laundry products (eg: soap, dishwasher detergent, etc.).
E.
Animals/Pets: Private Group Licensees agree not to allow, or bring into Lodge any domestic or non domestic animal or pet at any time.
F.
Alterations: Private Group Licensees agree not to make any alterations whatsoever to the Lodge and further agree to leave the Lodge in the same condition as it was found. Any damages, alterations or restoration Licensor has to make due to Private Group Licensee will be charged to Private Group Licensees security deposit.
G.
Drugs/Criminal Activities: Licensor encourages drug and criminal free activity and will not tolerate any violations of the policy. Any violations shall, in Licensor’s sole discretion, result in immediate termination of this agreement and complete forfeiture of all fees paid.
H.
Use of Additional Appliances: The use of space heaters, and other small portable appliances is prohibited and not allowed. Only existing provided appliances shall be used.
I.
Conservation of Energy: Licensees agree to use reasonable effort to conserve utilities, including, but not limited to, keeping windows and doors closed, and insuring faucets are fully shut during non use. Excessive waste or use of utilities may be charged against Private Group Licensees security deposit.
J.
Fire Risk: Licensor provides adequate electric baseboard heat, and prohibits use of the wood- burning stove. Licensees assume any and all risk of injury, death and property damage resulting from a fire in the cabin during the lease term.
K.
Firearms in Lodge: Private Group Licensees agree that loaded firearms are not to be brought into or stored in lodge, and that all other gun laws, rules, regulations, ordinances, etc, are fully abided by.
L.
Failure to Give Possession: Failure to return possession of Lodge to Licensor at end of License term will result in damages in the amount of 2.5 times the normal fees, in addition to any other damages incurred by Licensor.
M.
Articles Left by Private Group Licensee: Licensees agree to remove all articles brought into Lodge by Private Group Licensees by the end of the license term. Forgotten or left articles are not the responsibility of Licensor. Licensee will not hold Licensor liable or responsible for such articles whatsoever.
N.
Default: Any actions by Private Group Licensee that are counter to this agreement will be considered a default and will terminate Private Group Licensee license agreement.
Snow: Licensor does not provide snow plowing or clearing services, however, in the case of substantial snow fall of over 12 inches, Licensor shall make an effort to clear an access path to the Lodge only within 48 hours after final accumulation. No other snow clearing services will be provided, and denial of access due to snow, ice, excessive rains or any other natural event will not constitute grounds for refunds of any amount whatsoever.
Lawsuits: Both parties agree to be bound by binding arbitration in the event any legal disputes arise out of the Licensee’s use of Licensor’s premises or land pursuant to this agreement.
Insurance: Licensor represents and warrants to carry adequate liability and property insurance, but said coverage does not protect Licensees, and therefore, strongly urges Licensees to obtain renter’s insurance from it’s agent for any and all property damage or personal injuries resulting from use of the premises pursuant to this agreement.
Governing Law: This agreement shall be governed under the laws of the State of New York.
Entire Written Agreement: Both parties agree that the entire agreement between each of them is governed by the License Agreement, which cannot be modified unless in writing and signed by each party.
Uncontrollable Event: Licensee agrees to relieve Licensor of liability for damages or death resulting from any uncontrollable event or act of God beyond the reasonable scope of control of Licensor, including but not limited to, all weather related accidents.
Hunting Guides and Services: Licensor does not provide any guided or assisted hunting. All hunting shall be the sole and independent effort of the Private Group Licensees, and Licensors make no promises or guarantees as to the success of any hunting efforts of Licensees.
Signatures: All Private Group Licensees are required to sign this document. The license shall be void if any member of the Private Group
Licensee does not sign this document. License
passes will not be issued unless this document is signed by all Private Group Licensees.
| 1 | 6. |
| 2. | 7. |
| 3. | 8. |
| 4 | 9. |
| 5.* | 10.** |
| Reservation Fee: (50% of Package Fee): | $ |
| Security Deposit: ($400.00 Refundable): | $ |
| # of ATV Permits (@$100.00/ATV per week): | $ |
| Fees due with License Agreement Submission: | $ |
| Final Package Payment-due by August 31: | $ |
| Grand Total of all Fees: | $ |