Last updated: December 25, 2020
9.0 Terms of The Permit "Permit Terms"
9.1 The Permit Terms is a subsection of the Terms. All of the conditions and definitions stipulated in the Terms apply to the Permit Terms. Permit Terms is section 9 of the Terms though it is listed separately here for the sake of clarity. The words defined in the Terms where the initial letter is capitalized or where all the letters are capitalized have meanings defined under the conditions as defined in the Terms whose definitions shall have the same meaning regardless of whether they appear in singular or in plural.
9.2 “The Permit” grants the exclusive right onto THE BUYER to exercise Sporting Rights on the Property as offered by THE VENDOR in The Listing and as purchased by THE BUYER. The Permit is a legal document to which both THE VENDOR and THE BUYER are legally bound. The Permit can be said to be granted upon the successful tendering process by THE BUYER and the payment of the agreed upon fee at the culmination of the tendering process as facilitated by Land.Lease. The Permit is issued upon the successful payment of the agreed upon purchase price. THE BUYER and THE BUYERS ASSOCIATE(S) then take ownership of THE VENDORS permission to exercise the Sporting Rights on The Property for The Duration as stipulated in The Listing.
9.3 The validity of a Permit is predicated on THE BUYERS possession of appropriate Sporting Insurance. If the BUYER is not in possession of insurance on the day prior to the commencement of the lease then the THE PERMIT may be declared null and void at the discretion of THE VENDOR. In such an instance, no consideration need be offered by the VENDOR to THE BUYER for the termination of the lease. The Permit may be revoked if, upon request, by THE VENDOR or Land.Lease, THE BUYER or any one of THE BUYERS ASSOCIATE(S) are unable to furnish proof of an insurance policy appropriate for the exercise of Sporting Rights.
9.4 At all times, the onus is on the person carrying out any action to ensure that they are complying with all relevant legislation. Land.Lease accepts no responsibility whatsoever for the inability, negligence or unwillingness of any involved individual to comply with the pertinent laws of the county, state or country of operation.
9.5 THE VENDOR permits THE BUYER to exercise the Sporting Rights and ancillary rights of access and parking upon The Property as stipulated in The Listing. The Permit is a legal document whereupon its issuance THE VENDOR grants unto THE BUYER the licence and authority to enter upon The Property and temporary ownership of The Sporting Rights pertaining to the Property for a time equal to that of The Duration.
9.6 The Duration is defined as the length of time for which the lease of Sporting Rights on The Property is valid. This shall be clearly stipulated by THE VENDOR in The Listing. The Permit is valid for The Duration stipulated in The Listing. Should THE VENDOR neglect to stipulate The Duration of any PERMIT in The Listing then there will be a reversion to the defined maximum duration of any PERMIT which; shall not be for longer than one year from the date of purchase in the case of unprotected species; nor one season in the case of protected species. Responsibility for The definition of The Duration rests with THE VENDOR who posts The Listing which informs the particulars of The Permit.
9.7 The Permit is granted by THE VENDOR to THE BUYER strictly subject to the compliance at all times with THE BUYERS TERMS. Should THE BUYER Breach of one or more of THE BUYERS TERMS, then this entitles THE VENDOR to terminate The Permit immediately and without compensation. Conversely, THE VENDOR is subject to THE VENDORS TERMS. Should THE VENDOR breach one or more of THE VENDORS TERMS then this entitles THE BUYER to terminate The Permit.
9.8 THE BUYER shall pay THE VENDOR the agreed upon amount upon the completion of a successful tendering process as facilitated by Land.Lease on the online marketplace. Payment is due in full at the time or purchase or end or the auction. The Permit shall be issued for The Duration as stipulated in The Listing.
9.9 The Permit is solely for the purpose of harvesting Quarry Species and the right to do so shall last only for The Duration. THE BUYER and THE BUYER ASSOCIATE(S) are not permitted to “sight in” or “zero” rifles or undertake any other types of target practice on The Property save with the express written consent of THE VENDOR.
9.10 THE BUYER and THE BUYER ASSOCIATE(S) must provide for mandatory notification to THE VENDOR in the event of an accident/incident/near miss, dangerous occurrence, accidental discharge of firearm or previously unidentified hazard on The Property in a timely manner. The definition of a timely manner is at the discretion of THE VENDOR.
9.11 THE VENDORS use and enjoyment of his property, of which The Property form part, and all its undertakings on its property, whether carried on by it or persons authorised directly or indirectly by it, shall take precedence over the use authorised by The Permit and THE BUYER shall not be entitled to exclusive possession or occupation of The Property or any part of them for any purpose or be entitled to make any claim to or for compensation in respect of interference with its use thereof. THE VENDOR leases the Sporting Rights of The Property to THE BUYER but does not lease The Property itself.
9.12 THE VENDOR may, from time to time, prohibit at his absolute discretion, the activities permitted under The Permit or the use of any part of The Property to which The Permit applies as it may specify in writing to THE BUYER provided always that THE VENDOR shall notify THE BUYER of any restriction under this part of the agreement as soon as THE BUYER shall request agreement with THE VENDOR of its intention to exercise its rights under the agreement. THE VENDOR may, by notice in writing to THE BUYER, add to or vary the conditions and obligations contained under The Permit from time to time, as it may consider reasonable for the protection of his property and the good management of The Property.
9.13 THE VENDOR (and others having his authority) reserves the right which may be exercised concurrently with the rights under The Permit, and without prior notice to THE BUYER, to control, kill and take all animals (including deer) which they consider may become a source of injury to any woods, plantations, crops or pasturage on The Property that may affect the property holdings of THE VENDOR, its tenants or neighbours.
9.14 THE VENDOR may, without notice to THE BUYER, forward details of all persons exercising the rights under The Permit to Law Enforcement and/or persons appointed by State and Local Government. Without prejudice to any claim which it may have against THE BUYER in respect of breach of any of the provisions of The Permit, THE VENDOR may terminate forthwith The Permit, at any time by written notice to THE BUYER in the event of serious breach of any of the conditions of this agreement or in the event of wilful or unnecessary damage to THE VENDORS property. In this event, THE BUYER shall not be entitled to any refund or reduction of Purchase price of The Permit or be otherwise entitled to any compensation from THE VENDOR. In this event, THE BUYER shall not be entitled to enter upon The Property or any portion thereof upon or after termination of these presents.
9.15 THE VENDOR reserves the right, by notice in writing to THE BUYER, to sell or otherwise dispose of part or all of The Property to which The Permit pertains. Where this sale or disposal represents less than or equal to 10 percent of The Property by acreage, THE BUYER shall not be entitled to any refund or reduction of purchase price or otherwise entitled to any compensation from THE VENDOR. In the event that this sale or disposal extends to an area greater than 10 percent of the overall licensed area, THE BUYER shall be entitled to a pro-rata reduction (based on area) of the purchase price but shall not otherwise be entitled to any compensation from THE VENDOR.
9.16 Neither THE BUYER nor THE BUYERS ASSOCIATE(S) shall be entitled to exercise the Sporting Rights conferred by The Permit to hunt Quarry Species should these Quarry Species be subject to Wildlife and Fisheries Protection Legislation pertinent to the County, State and/or Country where The Property is situated, without an appropriately issued licence pertaining to the open season concurrent with The Duration. BUYERS and BUYERS ASSOCIATE(S) shall not be entitled to exercise Sporting Rights under The Permit unless in possession of a pertinent licence or tags, and shall furnish evidence of same whenever requested to do so by THE VENDOR, its servants, agents or employees. All persons exercising Sporting Rights under The Permit shall carry evidence of identification and insurance and in the absence of such, may be asked to leave The Property.
9.17 THE BUYER, upon issuance of The Permit, shall provide in a timely manner to THE VENDOR evidence that BUYERS and BUYERS ASSOCIATE(S) carry such insurance cover as is required as a mandatory stipulation of the issuance of The Permit. Failure to do so will lead to a cancellation of The Permit without consideration.
9.18 THE VENDOR shall grant The Permit at its sole discretion but only if satisfied that BUYERS and BUYERS ASSOCIATE(S) are suitable candidates to exercise the Sporting Rights conferred by The Permit and may also require that such persons demonstrate formal evidence of competence by successfully completing a Certified Assessment Programme as specified by THE VENDOR. Examples of such programs, in the case of deer, include but are not limited to Deer Stalking Certification by Country Sports Ireland, HCAP by Deer Alliance in Ireland or the Deer Stalking Certificate 1-3 as offered by BASC in the UK. THE VENDOR reserves the right to demand any other Certified Assessment Programme as is reasonable to demonstrate the documented competencies of the BUYERS and BUYERS ASSOCIATE(S). Such certification of competencies are referred to as “Hunting Qualifications” and may be submitted prior to purchase of the permit via the Land.Lease website.
9.19 Evidence of Insurance and of The Permit must be carried by BUYERS and BUYERS ASSOCIATE(S) whenever exercising their Sporting Rights under The Permit and produced on request of THE VENDOR, his employees, servants or agents or to members of the Law Enforcement, or persons appointed by State or Local government to be an authorised person to request evidence of the right to exercise Sporting Rights on The Property.
9.20 THE BUYERS and THE BUYERS ASSOCIATE(S) are required to obtain and to hold throughout The Duration of The Permit, appropriate firearms certificates for the firearms to be used and to ensure that all the conditions are complied with in the said certificates, and shall be bound to produce such for inspection prior to the issue of The Permit and at any time thereafter upon request.
If you have any questions regarding the Terms of the Permit please do not hesitate to Contact Us.