Fill and Sign the Non Exclusive License Agreement to Use Real Property Including Waiver Assumption of Risk and Indemnification Agreement Form

Non-Exclusive License Agreement to use Real Property, including Waiver, Assumption of Risk, and Indemnification Agreement Agreement made on the ______________________ (date) , between ______________________________ (Name of Licensor) of _____________________ ___________________________________________________ (street address, city, county, state, zip code) , referred to herein as ( Licensor ), and ___________________ (Name of Licensee) of ___________________________________________________ _______________________________ (street address, city, county, state, zip code) , referred to herein as Licensee . Whereas, the Licensor owns property located at _________________________ _____________________________________________ (street address, city, county, state, zip code) , hereinafter called Property ; and Whereas, Property may be more particularly described as follows: (Legal Description) ______________________________________________________________________ ______________________________________________________________________ Whereas, Licensee desires to use parts of Property for recreational activities such as for fishing, hunting, riding ATV's, as well as cutting firewood, and similar such activities, hereafter called Activities ; and Whereas, Licensor is willing to grant Licensee a license to participate in such Activities , but only in accordance and pursuant to this Agreement; and Whereas, Licensee covenants and warrants that he is eighteen years of age or older; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of License Licensor grants to Licensee a license to use, subject to all of the terms and conditions of this Agreement, the Property to conduct such Activities in accordance with this Agreement. 2. Described Purpose and Limitation The Property may be occupied and used by Licensee solely for said Activities described above and only after Licensee has checked in with Licensor informing Licensor of his presence on the Property. Licensee must check in with Licensor each time he uses the Property pursuant to this License. Entering or using the Property without checking in with Licensor will be deemed trespassing subject to the penalties provided by law. 3. Periodic Payments Licensee shall pay Licensor for this License $_________ per (e.g., month) ______________ payable in advance. The first payment shall be made on the ________________________ (date) . Subsequent payments shall be made in advance promptly on the (e.g., the first day of each month) ______________________________ thereafter during the continuation of this Agreement. 4. Termination Either party may terminate this Agreement at any time, without regard to payment periods by giving written notice to the other, specifying the date of termination, such notice to be given not less than _____ days prior to the date specified in such notice for the date of termination. 5. Apportionment of Payments on Termination On any termination of this Agreement, Licensor shall apportion, on a 30-day basis, the monthly fee paid in advance from and including the first day of the month during which the Agreement is terminated to and including the day on which the Agreement is terminated, and the Licensor shall refund to the Licensee the unearned portion of such fee; provided, however, that no refund shall be in an amount less than $____________. 6. Licensee to Obey Laws A. Licensee agrees that Licensee and any guests of Licensee will use the Property in accordance with the laws of _________________ (state) . B. If Licensee or any guest of Licensee is held to have violated any such laws while on the Property subject to this License, this License shall immediately terminate. 7. Release and Indemnification of Licensor Licensee does hereby release Licensor, his employees, agents, heirs, successors, and assigns (collectively Releasees) from all liability of Releasees for any physical injury, death, or damage to property that results, directly or indirectly from the use of Property in conducting such Activities . Licensee further assumes all risks of using of said Property as aforesaid and agrees to indemnify, save and hold Releasees harmless from any loss, liability, attorneys’ fees, damage, or costs that Releasees (or any of them) may incur arising out of or related to the use of Property by Licensee or a guest of Licensee , whether caused by the negligence of the Releasees or otherwise. This release and indemnification agreement includes any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that Licensee had or may have, arising from or in any way related to use of the Property by Licensee of a guest of Licensee. 8. License not Assignable The license granted by this Agreement is personal to Licensee and is not assignable. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________. 11. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 13. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 14. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 15. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________________ _________________________________ Printed Name & Signature of Licensor Printed Name & Signature of Licensee