Has anyone ever drawn up a contract?

i am taking Keith's advice and deleting the specifics from my post. Has anyone ever drawn up a contract between hunting partners? Any advice? Thanks in advance!



Edited 1 time(s). Last edit at 11/19/2015 12:58AM by Hungarian.

Not sure I could help on the legal issue,, but I would be careful talking about such things on open forums..

I wish you all the best!!!!

Keith

“I don't care that they stole my idea . . I care that they don't have any of their own”
-Nikola Tesla

As Keith said.
Not sure if wording about partner claims would be my only worry.

Never got a chance to read OP but in reference to this....would find another partner if their only concern was what did you dig me on my spot.

I have a new hunting partner I met this summer and another from earlier this year, the latter the occasional hunt to learn about units due to how far we live from each other. The first as much as we can get out as our jobs will allow. We look at our trips as adventures and are happy for each other no matter who finds what. Most of the places we have hit have been locations I have but this has been by choice due to I know good saves are still in there and I hope he has a ball in there. A contract has never even came to mind until reading this post and still will never come about on my end.

I wish you luck in your hunts and even more on finding a great hunting partner like many have come to find. It's more about getting out and enjoying the hobby and time with friends....the saves are things to talk about later ( when I say talk about later, i refer to at the truck congradulating each other on their finds of the day). JMO

HH



Edited 1 time(s). Last edit at 11/19/2015 02:34AM by Tom41.

NC



Edited 1 time(s). Last edit at 11/19/2015 10:04AM by ozzie.

What Tom41 said x2

Personally if you feel you have to do this...time to look for new partner or hunt by yourself...Very touchy subject at best...

Well,
I look at it like this. I'm not in metal detecting to get rich LOL. I hope whoever is hunting with me makes a great find on every outing.. Why??? Because that means the great finds are there for the taking. And my bad luck or shortcomings with my detector use I can live with. Besides I may indeed learn something from a hunting partner.

Life is short--play hard.

And may all find their find of a lifetime......

Cheers

I like the Sharpshooters post rel learning...Had a steady partner for 8 years or so and I know we both learned from each other and did a lot of travelling so sharing expenses also was a plus...Fortunately he was a diehard XLT guy and I was a diehard CZ guy so detectors never interfered with each other...

I hunt with a lot of friends, some spots are theirs and some are mine. If one of them ask me to do a contract on a spot they have, I would tell them they better go camp on it for I would call everyone I could find and go there and dig it up. I would never ask anyone to do a contract. If I did, I expect them to do me the same as I do them. Now if they hunted with me and did not want me to hunt with them on there spot, then that is something else, they could not keep it hide for long, then it is mine.

Too bad the first part of the post is now missing I see it has caused alot of confusion..

But at the same time from the first part of the post you had Hungarian before removal I would be cautious!

When your dealing with a substantial amount like you said ..all your bases need to be covered adn you would seriuosly need to go in with a business agreement...With you of course netting the largest amount Im sure for your the One with the Information..

I'm not talking of a piece of paper saying split 70/30 or whatever it may be and a handshake and sign it...But an actual legal binding document...A lawyer in my opinion would be well worth the investment?time to at least sit down and talk to at this point..You will have to cover your asset's so to speak...And a million and one things can pop up .. and Lawsuits are the most scary..say two months later the guy or guys who were in on it all of the sudden have a injury that happened on the dig and contact a lawyer and the next thing your out of you part or maybe more..

Say he says he wanted me to help him excavate and I got injured now I cant work..I need assistance..that may seem far fetched but at the same time stranger things can happen and have happened..

the property owner too needs to be in on the agreement.. he can come back on you in a flash...

Years ago maybe not that big of a deal now the world is a different place...be careful.. and stay Safe..stay Honest too.

All my personal opinion and Im in no way qualified to give a professional opinion and this is my disclaimer..

Keith

“I don't care that they stole my idea . . I care that they don't have any of their own”
-Nikola Tesla

In most instances---in the eyes of the court/law. It's the benefitter of an action/occurrence that bears the liability.

For instance you pay someone to hunt on their property, and they accept payment----they can/could bear liability.

Now someone just lets you hunt their property----usually no liability incurred by land owner-------BUT as long as the landowner has acted reasonably with due care. For example a land owner lets you hunt their property and they don't tell you there is say an old well "Unmarked" on the property and you fall in. This would be an example where the landowner could in fact be held liable. And the person in this case must exercise reasonable jusgement as well---meaning if the well was clearly marked and they go ahead and approach and fall in--an example.

Now granted anyone can lodge a lawsuit for basically anything they wish----And beleive it or not some innocent folks have to go the extra mile hiring expensive lawyers to defeat such unfounded/unsubstantiated/rediculous claims

And beleive it or not many folks really don't know the bounds/ limits of their own liability when someone is ON their property----Hence many will just say NO when asked.

And then there is the ole chance of something of significant value discovered----could be interesting depending on which state or which country-- as to the outcome if challenged.

And verbal aggreements usually are very weak at best---when it comes to lawsuits/court proceedings.

I'm no attorney, but do read quite a bit---especially cases that are appealed.

Oh and forgot to mention this. Ever heard of mineral rights. Sometimes the property owner doesn't hold the mineral rights. So say one hit a monster gold hoard-----this could be challenged by the third party who in fact holds the mineral rights for the property in question.

Just remember when larger sums of $$$ or value is at stake---- will cause folks and or their attorneys too to reach deep for the respective clients.



Edited 2 time(s). Last edit at 11/20/2015 04:02AM by tnsharpshooter.

Never have with a hunting partner, I wouldn't want to just doesn't feel right plus it's really the property owners say allowing someone else to detect there.

With property owners, never had a signed contract only a hand shake after the agreement. I do things differently, and some of you may not agree but I clearly state up front with the property owners all finds are theirs.

I'm not perfect by any means, at the beginning of my detecting career kept allot of finds. Later, as I matured and found making the find really was the true joy. Depending on the owner, the f inds mean more to them than they do me.

Right now, I'm working with two sisters to get permission to hunt their properties going back to 1850's. Made them an offer, they keep all finds hoping they give me the ok for this weekend.

Paul



Edited 1 time(s). Last edit at 11/20/2015 04:34AM by Old California.

Wow Paul----you don't keep ANYTHING??----You do take pictures of the finds before you hand them over, don't you?-----If I was a property owner (which I am)----and----didn't detect----you're the guy I would want detecting my property.----How could they refuse an offer like that!

Your situation has taken it like Keith said from a hobby to a business apparently on whats been found or maybe found. Also as mentioned, once you become business partners there are a LOT liabilities to you that as friends never came into play or even thought about. If you are who i think you are i hope you guys find something nice you can share a picture of. Sounds like fun times.

Paul - You and I are in the same place. I liken it to fishing...the thrill is in catching. Not keeping. If I catch a 10 pound bass or 3 pound crappie...I don't wanna keep it. Take a quick picture of it, and let it go. After that, the fun is in showing it off to friends. Same with relics and such to me. The thrill is in finding and holding. Not hoarding it all up in a closet. What is one person gonna do with 300,000+ minie ball bullets and old uniform buttons anyway? They'll probably sit at your house til you die and just be junk to anybody else. And probably end up in a yard sale or the landfill. Giving stuff to landowners keeps you into getting new places to hunt. The problem is...some think you are running a too good to be true scam on them.

I just did a hunt on a friend's old homestead yesterday. I kept the coins and gave him the value of them in clean currency. That way he doesn't have to clean them to realize the value. (all were common date and the silver was valued at spot). He wanted me to have it all, but that's not why I hunt. For me, the joy is indeed in the hunt/finding and it took me some years to realize that. Watching him see some of his old toys/stuff (plastic army man in same hole with a wheat, car key, 1948 rabies tag, etc) was worth the afternoon for me. And, of course, I got lots of pics/memories.

A hunt buddy of mine got permission to hunt an old ladie's acreage, found some nice 1800s coins and even tho she expected him to keep all finds, he took the best coins and made her a shadow box display for her to hang in her house.

Hello Doug and Daniel,

Doug, Yes, I take pictures before giving back finds. Depending on the site, may gather up enough finds in few hunts for a proper display or make many trips over the course of several months. Some owners trust me to allowing me to detect without asking for permission after the first meeting, then from there I communate as the finds start to pile up what was found etc.

Daniel, We both share the same approach and reasoning for our hobby. That's cool you understand the true joy is actually making the fine especially when it's a rare relic or coin. The fine itself is cool too but its a great feeling not being attached to finds, most of the time owners are the ones who will have the greater joy of keeping the finds. And of course some don't give rats about finds yet will allow me to metal detect that's cool too.

HH, Paul