The terms and conditions below are a summary of certain key licensing provisions and do not include all of the terms and conditions which are included in a license.

This License shall begin on and end on (“Term”), unless extended or sooner terminated in accordance with the terms of this License; provided, however, that no right to enter the Land shall exist until such time as Licensee and all of its members have fully executed Exhibit “C” attached hereto and incorporated herein and payment in full has been received by Licensor (the “Conditions of License”).  Should Licensee or any of its members enter the Land prior to satisfying the Conditions of License, they will be deemed to be trespassing and may be subject to prosecution.  Said Term and the right to use the Land is dependent upon Licensee’s compliance with all of the terms and conditions contained herein, together with the legal viability of Section 6 and of the indemnity, defense and hold harmless provision as set forth herein (Section 14(b) and Exhibits “C” and “D” attached hereto), so as to permit Licensee and its members and guests the use of the Land without risk of any liability to Licensor or any affiliated or related companies, as is the intent of the parties.  If at any time during the Term and whether by reason of the act(s) or inaction(s) of Licensee or by reason of a change in applicable law, the effect of either or both of which would expose Licensor to any liability risk inherent in the use or occupancy of the Land by Licensee, its members or guests, then the Term of this License shall automatically cease, without barring Licensor from any recourse for recovery against Licensee or its members or guests, as appropriate.  Termination of this License under this Section shall require no prior written notice to Licensee; any refund of the fee shall be governed under the terms of Section 13. The provisions of this License requiring action or forbearance of action by Licensee are equally applicable to Licensee’s members, guests, employees, agents and contractors.

At the time Licensee and Licensor agree to enter into this License, Licensee may be required to pay to Licensor a non-refundable deposit in the amount of $1,000.00 or ten percent (10%) of the License Fee, whichever is less (the “Deposit”), as specified below.  Any such Deposit received by Licensor will be applied to the License Fee, unless Licensee fails to submit the total payment due on or before TBD.  In the event Licensee fails to timely submit the total payment due, Licensor shall retain the Deposit, if any, this License shall terminate and be of no further force and effect, and Licensor shall be free to market the Land to others. The License Fee includes payment for the rights and privileges herein granted and for Licensor's purchase of a Liability Insurance Policy, said purchase on behalf of and at the direction of Licensee. The insurance coverage therein purchased shall include $1,000,000.00 Bodily Injury Liability and Property Damage Liability.  This policy provides no benefit for bodily injury or property damage of Licensee’s members and guests.

Licensee acknowledges that Licensor’s primary business is timber management and that Licensee shall not interfere with the absolute and unrestricted rights of Licensor, its agents, assigns, licensees, invitees, and contractors to conduct commercial activities, which include but are not limited to harvest of timber, reforestation, road construction, forest management, minor forest products harvest and brush harvest; nor shall Licensee oppose or hinder any such activities either in the field or through the regulatory or permit process.  If Licensee or any of its members or guests take any action to interfere with Licensor’s ability to obtain permits to practice forestry, such as publicly opposing Licensor or any potential forest practice application or hydraulics permit application, gravel permit application, oil or gas exploration permit, or any other land use or other  permit application on or for any of Licensor’s lands or business, such activity shall constitute a default hereunder in accordance with Section 13 and in addition Licensor and its affiliated companies shall be entitled to seek all available damages against Licensee and any other participating member or guest.

Licensee shall promptly observe and comply with all applicable federal, state and local laws, including but not limited to conservation easements, land use regulations, gun laws, hunting and game laws in the state(s) where the Land is located, if applicable, endangered or protected species laws, environmental laws and criminal laws pertaining to use or manufacture of controlled substances (i.e. marijuana or meth labs), ordinances, requirements, orders, directives, rules and regulations of any Federal, State or local governmental authority having jurisdiction, whether the legal controls or restraints are in force at the commencement of this License or enacted during the Term. Licensee shall also comply with the Gun Free School Zones Act provided in 18 U.S.C. § 922(q) which prohibits possession of a firearm on school grounds or within 1,000 from a school’s bordering property. Any violations shall be reported to Licensor and the proper authorities. Hunting under this License is permitted only during hunting seasons designated by the Department of Natural Resources, Department of Fish and Wildlife or other agency administering fish and wildlife regulations in the state where the Land is located and only in compliance with the regulations of such agency.  

Licensee shall insure that no archaeological sites or objects of antiquity on the Land are disturbed, altered, damaged, or vandalized by any means, including, but not limited to digging, probing, or deliberately plowing or cultivating such site(s) for the express purpose of exposing artifacts or archaeological sites or other objects of antiquity. 

Licensee will insure that no state or federal laws pertaining to cultural resources and/or human burials on the Land are violated.  Willful violation or disregard of such laws by Licensee will constitute a breach by Licensee and result in immediate termination of this License and any refund of the License Fee would be governed under the terms of Section 13 hereof relating to breach.  Licensee will not bury or spread human or animal remains except those from harvested game in, across or upon the Lands without prior written permission from Licensor and any governmental authority from whom permission may be required by law.  

Licensor makes no, and hereby expressly disclaims and negates any, representation or warranties, either express or implied concerning the condition of the Land or any improvements on the Land or its suitability for Licensee’s purposes.  The Land is taken and accepted by Licensee in an "as is" condition.  Licensee acknowledges that the Land is timberland, and specifically accepts the Land in its present condition. Licensee further acknowledges and understands that there are numerous dangerous conditions and risks and hazards involved in hunting and outdoor recreation on the Land and in use of any improvements situated thereon. Licensee’s members, agents, employees, contractors and guests shall enter upon the Land at their own risk; Licensee acknowledges and agrees that Licensor shall have no liability of any kind or character to Licensee or Licensee’s members, agents, employees, contractors, and guests by reason of any damage to the Land, loss or damage to the property of any such persons, or of physical injury (including death) to any such persons.  Licensee agrees that, insofar as Licensor is concerned, Licensee, for itself, its members, agents, employees, contractors, and guests, assumes all risks and hazards in connection with the use of the Land and all improvements situated thereon for any purpose.  Lessor shall have no obligation to maintain or repair the Land or any part thereof or improvements situated thereon and shall have no liability for any injury resulting from Lessor's failure to maintain or repair the Land or any such improvements. It is understood and agreed that Licensee, any individual Licensee and each member or guest of Licensee’s club agree and represent that each is of the age of majority under the laws of the state in which the Land is located and with regard to any minor with whom he/she hunts or who accompanies him/her on the Land, Licensee, and each member or guest of Licensee’s club will defend, indemnify and hold harmless Licensor and its affiliated or related companies from any expense or liability incurred in connection with any claim, action or suit brought by or on behalf of such minor or by any third parties which might arise from or in connection with such minor's use of and presence on the Land.  The provisions of this Section 6 shall survive any termination or expiration of this License.

FOR HUNTING IN GEORGIA - UNDER GEORGIA LAW, THERE IS NO LIABILITY FOR AN INJURY OR DEATH OF A HUNTING OR FISHING PARTICIPANT AT LEAST 18 YEARS OF AGE CONDUCTED AT THIS LOCATION IF SUCH INJRY OR DEATH RESULTS FROM THE INHERENT RISKS OF SUCH HUNTING OR FISHING ACTIVITY.  INHERENT RISKS OF HUNTING OR FISHING ACTIVITIES INCLUDE, BUT SHALL NOT BE LIMITED TO, THE POTENTIAL OF YOU TO ACT IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO YOUR INJURY OR DEATH AND THE POTENTIAL OF ANOTHER PARTICIPANT TO ACT IN A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO YOUR INJURY OR DEATH.  YOU ARE ASSUMING THE RISK OF PARTICIPATING IN THIS HUNTING OR FISHING ACTIVITY.

Licensee is entitled to use the Land on a non-exclusive basis in accordance with the terms and conditions set forth herein and only for the recreational purposes specified herein and for no other purposes whatsoever.  If hunting rights are granted, no dedicated shooting range or backstop berms are to be maintained on the Land – members and guests may have an area to sight in firearms on an incidental basis, but no other shooting activities may take place in such area, including but not limited to activities such as target practice, plinking, or shooting contests.  Vehicular travel on or across Land shall be allowed only in furtherance of Licensed Rights, as defined in Exhibit “B” attached hereto, shall be limited to the established roads now located thereon, and is expressly prohibited in, on, over, or across areas on which young timber stands will be or have been established, whether naturally or artificially regenerated. The use of four-wheel-drive (all wheel) or all-terrain vehicles (ATV) in wet weather, resulting in excessive damage to roads is expressly prohibited.  Crossing of waterways or wetlands by motor vehicle is strictly prohibited except on roads with culverts or in which dedicated permanent rock crossings have been established.  The use of the Land for recreational and off-road vehicle “sporting purposes” (such as “4-wheeling,” “trail biking,” etc.) is expressly prohibited. All motor vehicles, including ATVs, must be legally registered and insured, if required by the laws in the state(s) where Land is located.

Food Plots are not permitted, unless otherwise specified in the License Agreement. 

It is understood between the parties that if the Department of Natural Resources, County Government or any state or local government or any other governmental authority or regulatory agency, closes or restricts access or activities on forest lands due to weather or fire conditions or in the sole judgment of Licensor, weather or other conditions become such as will cause the exercise of the rights and privileges herein granted to present a material fire hazard to the trees and timber on the Land, then Licensee, upon such notice thereof from Licensor, shall cause all recreation and hunting by its members and guests to immediately cease until such time as Licensor shall advise Licensee that recreation and hunting may resume.

Licensor shall have no responsibility whatsoever to protect the game, Lands, and premises from injury or damages by natural causes or the action of any third persons whomsoever, save that pertaining to the Land, it will not grant a similar license to that hereby conferred to another during the Term hereof.

Licensee may, but is not required to, install gates at access roads leading into the Land, however Licensee is not permitted to install “internal gates”, unless written permission is given.  In the event Licensee does elect to install gates, their location and manner of construction is subject to approval in advance by Licensor and any gates installed on the Land shall be seen as a fixture to the Land, and thus becomes property of Licensor.  No cable, rope, wire or similar material may be placed across a road or trail or be installed as a barricade to prohibit traffic around gates at any time. Similarly, no action may be taken to harm vehicles or humans who may proceed beyond a gate or into a licensed area.  Upon agreement of Licensor's Resource Development Manager, Licensee is permitted to install its own locks on specified gates.  Such locks are to be installed in such a manner that Licensor's access through its own security system will not be hampered; Licensor reserves the right to remove any lock that prevents such access.  Licensee shall not close or block existing roads, trails, etc. to other clubs licensing other property from Licensor so as to prevent members and invitees of said other clubs from reaching their respective licensed areas.

This is a conditional license.  No member, agent, employee, contractor or guest of Licensee shall enter on or use the Lands under this License unless such person has fully signed the Release and Waiver of Liability, Indemnity and Hold Harmless Agreement in the forms attached hereto as Exhibits “C” and “D” and incorporated herein (collectively, hereinafter referenced to as “Release”). 

a.       At the submission of this License for Licensor's execution, Licensee must attach a Release in the form of Exhibit “C”, fully signed by all existing members of the club, duly witnessed by two club officers. 

b.   During the Term, including each year of renewal, new members, agents, contractors and guests of the club must also fully sign a Release in the form of Exhibit “D” duly witnessed by two club officers, before entering the Land.  Exhibit “D” releases are to be kept on file by Licensee and made available to Licensor upon request, and uncalled for Releases are to be submitted with the next annual license renewal. In the event there were no new members, agents, contractors, or guests during each year hereunder, the club president will be required to acknowledge and sign a Release in the form of Exhibit “D” each year.  Any member, agent, contractor, employee or guest of Licensee who fails to comply with the Release requirement before entering on the Land shall be deemed a trespasser against Licensor and Licensee shall in turn defend, indemnify and hold harmless Licensor and its affiliated or related companies and their agents, members, partners, assigns, employees and officers from any actions, claims, damages or injuries, including death, resulting from or emanating from the presence of such trespassers on the Land, or from claims by, or on behalf of, such trespassers.

The rights hereby granted are a personal privilege to and are for the sole use of Licensee, its members and guests, and may not be transferred or assigned.  Selling daily or short-term permits to non-members shall not be permitted.  The operation of this License as a commercial hunting preserve or use of a paid guide (including the selling of daily or short-term permits to any non-members) is strictly prohibited and will result in immediate termination of this License, and will be treated as a breach for purposes of Section 13 hereto.

Prior to expiration of this License and upon ten (10) days written notice to Licensee (unless otherwise provided in section 8 hereof), Licensor shall have the right to cancel or suspend this License at any time, for any reason.  Except as provided below, Licensee shall be entitled to a refund of a pro-rata portion of the License Fee paid, without interest, for the subject year.  The refund will be based upon the pro-ration of the number of days remaining under this License, less the portion attributable to the purchase of the Liability Insurance Policy as set forth in Section 2 herein.

However, if the cancellation is due to a breach of any term or condition of this License or other wrongdoing by Licensee, its members, agents, contractors, employees or guests, then Licensor may retain all sums paid on account hereunder as liquidated damages.  Moreover, Licensee shall forfeit its right to a ten (10) day written notice and Licensor shall have the right to terminate immediately upon written notice to Licensee.

Notification of cancellation and issuance of a refund, if any, shall constitute a release of the Land herein described.

Licensee shall:

a.       promptly reimburse Licensor for any damage to Licensor or the Land resulting from the exercise of the recreation and hunting privileges referred to herein, and in the event that Licensee is not solvent or cannot or will not pay for such damages, each of its members and guests shall be responsible individually to comply with this and other obligations hereunder;

b.      defend, indemnify and hold harmless, Licensor, its affiliated or related companies, and their agents, members, partners, assigns, employees and officers (the “Indemnified Parties”), against any and all loss, damage, fine, cost, injury (including death) and attorneys' fees the Indemnified Parties may suffer or incur which may result or arise from the grant of privileges to and/or the use of or entry onto the Land by Licensee or its members, guests, employees agents or contractors.  Licensee and its members and guests shall reimburse the Indemnified Parties in the event any of them are required to expend funds to defend against, participate in, or initiate any legal or regulatory action resulting from or arising out of this grant of license or the use of the Land by Licensee, its members, guests, employees, agents or contractors or resulting from the acts or inaction of Licensee, its members, guests, employees, agents or contractors.  None of the Indemnified Parties shall be liable to Licensee or its members, guests, employees, agents or contractors for any and all loss or damage to property or for personal injuries (including death) sustained by Licensee, its members, guests, employees, agents or contractors for any reason whatsoever. The provisions of this Section 14(b) shall survive any termination or expiration of this License;

c.   remove all trailers, equipment or other personal property of Licensee, or any member or guest  thereof, within twenty-five (25) days after the date of any written notice to Licensee that the license has been revoked, cancelled or that the Term has expired and will not be renewed or extended. All property of Licensee, its members or guests remaining thereafter shall become property of Licensor and it may use or dispose as it may deem appropriate.  Furthermore, Licensee must remove all trash and debris from the Land within the above twenty-five (25) day period. Licensor may, in its sole discretion, require Licensee or any of its members or guests to remove trash and debris or trailers, equipment or other personal property prior to any revocation, d. termination or cancellation of this License, and failure to do so shall constitute a default to be handled as a breach of this License;

e.   promptly report to Licensor and proper authorities any suspected activity on the Land that violates or may appear to violate any law, regulation, ordinance or rule whether state, local or federal including, but not limited to, drugs such as marijuana or methamphetamine, commonly known as crystal meth;

f.    cooperate with Licensor to enter into any agreement(s) with, and/or pay any deposits to, Licensor relating to keys to gates, or other access or security measures, on Licensor timberlands; and

g.   provide to and maintain with Licensee at least one current e-mail address or phone number.

Licensee and its members or guests shall not:

a.          use or permit any person to use any trailer, shed, tent or other dwelling structure, whether placed upon the Land by Licensee (or member or guest thereof) or otherwise found or located upon Land, unless such use is expressly permitted by and subject to the terms contained in Exhibit “B”;

b.         build or place any building, trailer, shed, dwelling structure or tent upon the Land unless such use is expressly permitted by and subject to the terms contained in Exhibit “B”;

c.          conduct field trials or open hunts, for revenue or otherwise, unless permission is expressly given by Licensor’s Resource Development Manager; 

d.         stock the licensed area unless permission is expressly given by Licensor’s Resource Development Manager;

e.          No stands of any type (portable, free standing, climbing or permanent) will be permitted any closer than 100 feet of the perimeter of the Land (ONLY APPLICABLE TO HUNTING);

f.          place any signs upon the Land (including trees) without the prior written approval of Licensor.  Licensee recognizes that Licensor is in the timber business and metal fasteners, if embedded in the bark and wood of a tree, could be detrimental to the barking tools, chippers, saws and persons in the manufacturing process.  In recognition of the potential for future damage Licensee, if approved by Licensor, agrees to restrict the fasteners used on living trees to those made of aluminum and to a size equivalent to or less than a 10 penny nail;

g.         set fire to or upon any part of the Land and Licensee will make reasonable efforts to suppress any fires on the Land during the term hereof;

h.         transfer or assign this License or any privileges herein granted to any other club, group, person (except Licensee’s members) or entity;

i.           injure or destroy any trees, crops, buildings, fences or other improvements located on the Land; 

j.           do any form of trapping, unless trapping is legal and permission is expressly given by Licensor’s Resource Development Manager and/or specified in Exhibit “B”;

k.         establish food plots or do any alterations to the Land by any mechanical means without the permission of Licensor’s Resource Development Manager unless permission is expressly given in Exhibit “B”;

 l.           operate any shooting range on the Land other than as set forth in Section 7 herein;

 m.       remove cedar, brush, boughs, mushrooms, firewood, pine straw, moss, plants, trees, bark, cones, soil, rocks, gravel, grass, berries, fungi, minerals or other materials for personal or commercial use without a valid Licensor permit;

 n.         hunt on neighboring lands that Licensee may cross using Licensor access roads;  

o.         install septic tank(s), well(s) or other similar facility(ies) on the Land, unless otherwise specified in Exhibit “B”; and

 p.         permit any new member to enter the Land until such new member has reviewed this License and has signed the Release in the form of Exhibit “D”.

 Licensee agrees that all trash, cans, bottles or garbage left on the Land as a direct or indirect result of Licensee's use must promptly be removed by Licensee at all times during this License and all dead animal remains must be discarded a minimum of 100 feet from surface water and structures and twenty (25) feet off from a road. Under no circumstances whatsoever will any hazardous substance or material, or a container presently holding or formerly holding such substance(s), be permitted to drain, or percolate on or into, or be stored, dumped, buried, or otherwise contaminate, the Land or any other land adjacent to or in the vicinity of the Land.  “Hazardous Substances” shall mean any hazardous, toxic, dangerous or extremely hazardous substance, material or waste, including marine pollutants, marine toxics, and air toxics, which is or becomes regulated by the United States Government, any state or any local governmental authority.  The term includes, without limitation, any substance containing contaminants regulated as specified above.  “Release” shall be defined as provided in 42 U.S.C. § 9601, any state legislation, or successor legislation.  There shall be no obligation or requirement by Licensor to monitor Licensee’s environmental management of the Land, however, if under any form of law, ordinance, regulation or standard in effect at the inception of this License, or arising during the Term,  Licensor should have cause to be concerned about Licensee’s existing or continued compliance with any environmental or health and safety laws, codes, regulations or standards then in effect which could in any manner affect the usefulness, usability, or marketability of the Land, then Licensor at its discretion may require additional assurance appropriate to the risk or offense.

 No interest in real estate is herein granted. Trailers and other personal property are placed upon the Land under the conditions of this License and Licensor has no responsibility or liability for any such trailers or personal property and such permissive use may be revoked at any time upon notice to Licensee.

 Licensor and its affiliated or related companies reserve the right to transfer or convey their interest in the Land. In such event, Licensee will be given ten days written notice and a portion of the herein paid charges will be refunded, less the portion attributable to the purchase of the Liability Insurance Policy as set forth in Section 2 herein. The refund will be based upon the pro-ration of the number of days remaining under this License. Notification and issuance of a refund, if any, shall constitute a release of the Land. All trash, debris, refuse or personal property must be removed from the Land within twenty-five (25) days from the date of the written notice, and any pro-rata refund will be retained unless and until such removal is completed by Licensee, in addition to any other remedies Licensor may have. If Licensee or any of its members or guests take any action to interfere with Licensor’s or its affiliated or related companies’ ability to transfer or convey their interest in the Land, such as publicly oppose Licensor or any present or potential future land owner's land use changes, permit applications, etc., such activity shall constitute a terminable offense hereunder in accordance with Section 13 and in addition, Licensor and its affiliated or related companies shall be entitled to seek all available damages against Licensee and any participating member or guest.

At times some or all of the licensed land may be subject to a conservation easement.  In the event that a conservation easement does affect the property, LICENSEE, its members, guest and invitees shall at all times comply with the provisions of the conservation easement and LICENSEE’s use of the Land shall at all times be consistent with the terms of the conservation easement.  In the event of an inconsistency between the provisions of the License Agreement and the provisions of the conservation easement, the provisions of the conservation easement shall control. 

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