Well, with deer season now only weeks away…..I’m trying to put the finishing touches on a few things so that I’ll be ready to track on opening day. I was going to see if you guys would help me with something. Last year I took Otis on a handful of real calls as a puppy just to get the experience and a feel for how things would go once we really started taking calls. I could tell just from that small sample of calls that if I don’t take control of the situation right up front, then things could get pretty unorganized and even dangerous. So this year I’m going to have a small list of tracking “rules” that I plan on going over with the hunters before the track begins. What I need from you guys is for you to read over what I’ve got so far and critique it for me. Is there anything else that you think needs to be added? I don’t want it to get to lengthy with it but I want to make sure that the search is a very controlled one….and one where I’m in control of the situation.

Also, #6 is very vague….. I was hoping that someone could help me with some legal language for that one. What I’m basically wanting is a general statement that keeps me from being held liable should something happen like if Otis were to damage the deer’s cape or if someone disregards rule #4 and gets bit…..or really just any general liability issues that I might run across.

Thanks for the help.




CnC’s Tracking Disclaimer

1) Anyone who wants to watch the dog work is free to do so but only one person needs to walk along with and assist the tracker. Any other hunters should remain together in one group at least 50 yards behind the tracker.

2) There should only be ONE gun taken along that will be carried by either the tracker or the hunter assisting the tracker. The gun should remain unloaded until the tracker gives the go ahead to load. If a live deer is found or bayed, no shots will be fired until the tracker gives the go ahead to shoot.

3) No other hunter should communicate with the tracking dog other than the handler

4) If a dead deer is found and recovered….no one should run in and grab the deer until the tracker leashes the dog and gives the go ahead. This is to insure that you don’t get bit by the tracking dog.

5) The hunter is responsible for knowing and informing the tracker when crossing any property boundaries. No tracking will be conducted across property lines without the permission of the other property owners or hunting club.

6) CNC will not be held responsible for anything.


Print Name: ___________________________

Sign name: _____________________________

I would suggest carrying your own brush gun/sidearm/pistol. If I had the choice I would much rather be doing the shooting around my dog than someone you don't even know.

I wouldn't take anymore than two people with me. The hunter who shot the deer and someone who knows the land if the shooter doesn't. For example a guest shoots a deer. Just from my own experience the more people you have there the more distractions. Number 4 is going to be the one I would hammer on pretty hard. I run my dog off lead and when he finds a deer it is his toy and no one else's until I get him off. And he doesn't take to kindly when someone wants to play with his toy.

You could always put a disclaimer on there that you reserve the right to alter the rules at anytime.

not a legal guy by any means,just my .02

I would want a more solid liability release than this. I hate what the world has come to but I deal with government contracts on a daily basis and the liability of testing experimental weapons and I can tell you more than once a good liability waiver has saved my end when some one tried to shift blame after the fact, until I showed them the SOP, safety release, and their signature at the bottom where they agreed they read and understood the document and the inherent risk.

Also, considering the investment of time, and effort you have in your dog I would be the only one carrying a firearm. I would discuss this with the customer so they understood, and if possible and they wished to do so I would allow them to put the animal down provide it could be done in a safe controlled manner. Otherwise, if the opportunity was fleeting I would make any uncertain attempts to put the animal down personally to ensure safety of your dog and those involved.

Also, I would have a trespass statement included in the contract that states the customer is responsible for ensuring all property boundaries are respected, and in the event an issue or dispute arises with a property owner they would be liable for any and all fines, court fees, or damages that result.

I realize that every business venture comes with risk but I would think you would be well advised to get a lawyer to draw up your liability and indemnity agreement/contract before starting to accept customers. It would be money well spent if or rather when you need it.

Thanks for the replies so far…..this is exactly what I was looking for and why I’m asking ahead of time. I may just go ahead and get a lawyer to draw something up. Just curious, what does something like that cost to have done?

I hear what you guys are saying about allowing someone else to carry a gun and shoot. That’s not something I’m taking lightly and something I may still eventually change once I see how things play out. It will all depend on how much control I have over Otis in a situation where the deer is bayed. I’ve got pretty good voice control over him but I don’t know for sure yet if I can call him off bay and back to me for someone to safely shoot without him being in danger.

I like what rumrunner mentioned in only taking a max of 2 people on the track. This will probably leave a lot folks back at the clubhouse with a sad look on their face but I agree that it’ll be what’s best for finding the deer.

Keep the suggestions coming fellas. Being able to solicit opinions like this an invaluable resource.

My father is an attorney and his take on waivers and releases is that in today's world you could have 100 releases or waivers signed and you can still get sued and still lose in court. It is just a piece of paper. It's a shame but that's what it has come to. people can say it was dark I could not read what I was signing, it was my son's first deer I just signed it but never acknowledged what it said, CNC never told me what it said he is a professional tracker it should be his duty to inform me, I had been drinking etc etc. Crazy people in the world boys!

I deal with lots every day.

I'd be sure to address sobriety in there somewhere. I'm no legal scholar but I think that you need to make sure that the party involved is sober and affirms that they haven't touched alcohol/drugs before going on the track. While I enjoy a cold beer just as much as the next guy, alcohol/drugs are slippery legal territory when doing anything with folks you don't know.

It sucks that it takes all sorts of legal paper work to find a deer but at the end of the day, you got to look out for yourself.

#1 Limit the party to no more than two people. No one under 18 allowed. You only want the person who shot the deer and if needed, someone who is knows the property boundaries.

If #4 happens, you might as well use the liability release form as toilet paper. You will be held responsible for the actions of your dog. You have already acknowledged that it may bite someone. This makes it grounds for a civil liability suit. The dog could be quarantined and you could be held liable for any medical bills, loss of time off work, etc.

#6 Is too vague and would not hold up if a civil suit is filed.

I would state no tracking will start until all other hunters are back in camp and accounted for. Once you are afield, no one is allowed to hunt the property until you return.

I like the idea of you and the hunter being the only ones going.

Say you have a scenario where the deer is jumped by the dog and takes off. Do you want to be in the position of trying to shoot the deer, missing it or shooting a horn. Something that would probably lead to a problem for you when time to collect money comes around.

I might would allow the hunter to carry the firearm and put that in his hands. Have line in the agreement about tif you dog is harmed harmed there is a $5000 fine or whatever number. Initial that line seperately that you read it and understand it.

If you are the only one carrying you could get yourself in situation. If the deer jumps and you shoot it, I would imagine that it is your deer and should technically go on your license as 1 of your 3 bucks.

Do you collect half up front, all, or none?

I acknowledge that #6 is vague. I actually wasn't trying to write out a finished product with that one. I'm asking if someone on here can give me a statement in more legal language that basically says that I'm not to be held liable for any unforeseen situation that may arise.

Eventually I will have separate charges. One just for coming out and looking that will be an upfront charge collected before searching. Then there will be an additional charge if the deer is found that will be paid afterwards. Right now in the very beginning I'm not charging to come out and look because I have a young dog that still needs more experience before I would feel comfortable charging someone.

Surely there has to be some way of wording it that would keep me from being liable for this. My dog is not an aggressive dog at all.....he would actually probably try and lick you to death.....but these kind of tracking dogs can get possessive over their find and I've already heard a couple stories from other trackers about hunters getting bit even though they were warned. I don't anticipate this to be a big issue but you never know. I want to have my ducks in a row ahead of time in case it ever does occur.

As I mentioned in a previous post, you need to have a disclaimer regarding property lines. You are not going to know where they are. You may see some lines on trees, but for all you know, they lease both sides. You need to make sure they are responsible for showing you the property boundaries once you're in the field.

Sounds like a lot more trouble than its worth, imo.

CNC I collected money the same way. There was up front money and then there was money if the deer was found. The word "found" is the tricky part here. Most hunters interpret found as recovered. That is understandable but so is the other side of that coin. I've tracked deer before and jumped them that weren't fatally shot.. That I could tell. I tracked one for over two miles, jumped him three times until he hit the river. He was killed a week later. To me that was finding your deer. I can't help that the shot wasn't as good as the hunter initially thought. Just another thing to think about. I don't track much anymore because I got burned too many times where people said they had good blood and after driving for two hours I show up to find pen drops. But I've also found deer and seeing the look on a guy's face was priceless.

There is an app that's like $30 a year for a smart phone that shows all the boundaries of all land in the state. I think the app is called onix I'd look hard into getting it

If you are really worried about it get a good lawyer to write you something up, otherwise I would just go on a handshake deal. Your dog shouldn't be in the position to bite someone, and if they do I doubt any waiver is going to protect you.

I hate to say it, but the old "call for my dog and I'll try to find your deer" is turning into a deal only lawyers might be able to participate in. I'm afraid you are getting too many rules.

#5 deals with property lines.....Do you think I should word it differently or add something to it?