The agreement should include: * The exact acreage and legal description of the property. * A marked plat map or aerial map attached as an exhibit, showing the permitted hunting zones. * Clearly defined "no-hunting" safety zones, such as areas near homes, barns, livestock pastures, or neighboring property lines. * Specific access points, parking areas, and designated roads or trails the hunters are permitted to use. ## Lease Term and Timing The agreement must specify when the lease begins and ends. Landowners often choose between an annual lease or a seasonal lease. A seasonal lease aligns strictly with specific Illinois Department of Natural Resources (IDNR) hunting seasons, such as the archery deer season, firearm deer season, or spring turkey season. The clause should state the exact dates of access and clarify whether hunters are allowed on the property outside of those dates for scouting, setting up stands, or retrieving equipment.
## Permitted Game and Hunting Methods To prevent misunderstandings, the lease should explicitly state which wildlife species the lessee is allowed to hunt. For example, a landowner may want to lease the property for deer hunting but retain the rights for turkey or waterfowl hunting. Additionally, this clause should outline the approved hunting methods. It should specify whether hunters can use archery equipment, shotguns, muzzleloaders, or centerfire rifles (where permitted under Illinois law). ## Liability, Indemnification, and Insurance
Liability is one of the most critical concerns for landowners leasing their property. Under the Illinois Recreational Use of Land and Water Areas Act, landowners who open their land to the public for recreation without charging a fee receive significant liability protections. However, because a hunting lease involves payment, these statutory protections generally do not apply. To mitigate this risk, the lease should include: * **A Liability Waiver:** A clause where the hunter agrees to release the landowner from liability for personal injury, death, or property damage occurring on the premises. * **An Indemnification Clause:** An agreement that the hunter will defend and hold the landowner harmless against any third-party claims arising from the hunter's activities. * **Proof of Insurance:** A requirement that the hunter purchase hunting liability insurance, with a specified minimum coverage limit, naming the landowner as an additional insured. The hunter should provide a certificate of insurance before accessing the land. ## Compliance with Illinois Wildlife Codes The lease should state that the hunter must strictly comply with all local, state, and federal game laws. This includes obtaining the proper Illinois hunting licenses, permits, habitat stamps, and harvest tags.
The clause should explicitly state that any violation of Illinois Department of Natural Resources (IDNR) regulations, or any wildlife-related citations issued on the property, will result in the immediate termination of the lease agreement without a refund of any leasing fees. ## Property Use and Land Stewardship To protect the natural state of the land and any agricultural operations, the agreement must establish clear rules regarding physical changes to the property. Common provisions in this section include: * **Tree Stands and Blinds:** Rules specifying whether hunters can install permanent tree stands (which can damage timber value) or if they must use portable stands that are removed at the end of the season. * **Vehicle Use:** Restrictions on where all-terrain vehicles (ATVs), utility task vehicles (UTVs), or trucks can be driven to prevent soil erosion and crop damage. * **Vegetation and Crops:** Prohibitions against cutting down trees, clearing brush, or planting food plots without prior written consent from the landowner. * **Litter and Debris:** A strict requirement to pack out all trash, spent shell casings, and personal belongings.
## Guest Policies and Subleasing Landowners need to know exactly who is on their property at all times. The lease should address whether the primary lessee is allowed to bring guests. If guests are permitted, the agreement should limit the number of guests allowed at one time and require those guests to sign liability waivers before entering the property. Furthermore, the lease should strictly prohibit subleasing, meaning the hunter cannot rent out the hunting rights to other individuals. ## Termination and Dispute Resolution
The agreement should outline the process for terminating the lease early if either party breaches the terms. It should specify which violations lead to immediate termination (such as unsafe shooting practices or game law violations) and which require written notice and a period to correct the issue. Finally, the clause should outline how disputes will be resolved, typically specifying that any legal actions must be filed in the county where the property is located.
