THIS AGREEMENT is made as of the date provided herein between Dead On Outdoor Adventures (“Dead On”) and the undersigned (“Client”).
Consulting Services. Dead On Outdoor Adventures shall provide to Client information about services that are available to Client from one or more third parties (“Hunt Providers), including but not limited to outfitters, ranchers, guides, air taxi services, private-land hunting lessees and lessors, scouting services, map service providers, facilitators, and horse packers or river packers. Dead On and its agents, and subagents, act only as consultants providing information and helping Client to arrange for hunting and other services from Hunt Providers.
REFUNDS. If Client cancels the hunting trip, the Hunt Provider’s policy will govern all refunds. In the absence of any policy, the deposit is considered non-refundable, but can be applied toward another hunter if the replacement hunter can acquire necessary hunting licenses or permits without additional cost to Hunt Provider.
SEPARATE CONTRACT BETWEEN HUNT PROVIDER AND CLIENT. Client acknowledges that any contract for actual hunting services, such as guide service or access to private land, is between Client and the Hunt Provider and not between Client and Dead On Outdoor Adventures. Client acknowledges that Client has been advised by Dead On Outdoor Adventures to obtain a written, signed contract between Client and the Hunt Provider.
BALANCE DUE. After payment of the deposit, the balance of the hunt price is due according to Hunt Provider’s policy.
PHOTOGRAPH AND PROMOTIONAL MATERIALS.
Client agrees to supply a photograph or video of Client with any game taken on the hunting trip. Dead On may use the photograph/video and any reports about the hunting trip, whether verbal or in writing, for publicity and advertising purposes without payment to Client.
Release of Liability. Hunter acknowledges that participating in hunting is a dangerous activity to himself and others and for himself, and personal representatives, heirs, and next of kin, hereby releases, waives, discharges and covenants not to sue, Dead On Outdoor Adventures for any and all loss or damage, and any claim or damage there for, on account of injury to the person or property or resulting in the death of hunter, whether caused by the negligence of releases or otherwise while hunter is afield. Hunter agrees to indemnify the releases and each of them from any loss, liability, damage or cost releases may incur due to the presence of hunter in or on the aforesaid premises whether caused by the negligence of releases, hunter, or otherwise. Hunter hereby assumes full responsibility for and risk of bodily injury, death or property damage due to the negligence of releases or otherwise while on the aforesaid adventure. Hunter expressly agrees that this release, waiver, and indemnity agreement is intended to be broad and inclusive and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGMENTS. Client acknowledges the following:
A. Client accepts the responsibility to detect, before scheduling the trip, any mistakes or errors in the Dead On-supplied written or verbal information about Hunt Provider and its services;
B. The Hunt Provider is responsible for acquiring and keeping up to date any necessary governmental permits or licenses that might be required to legally provide the services offered by Hunt Provider. Dead On does not determine whether a Hunt Provider has all such necessary permits or licenses, as any such permit or license could be voided at any time by a governmental agency. It is Client’s responsibility to ensure that Hunt Provider is properly licensed before going afield;
C. Client’s baggage, personal items and equipment are Client’s sole responsibility at all times.
D. Client acknowledges that Dead On, any of it’s representatives or hunt providers may terminate a hunt or fishing expedition if it is deemed the client or clients are belligerent or a physical danger to any guides, cooks, wranglers etc. At this point the balance owed may be returned to the client or clients, however this is soley at the discretion of Dead On, it’s representatives or hunt providers. Down payments will not be refunded in this instance.
Client acknowledges and agrees on behalf of himself, his heirs, executors and assigns, to hold Dead On, its agents, servants, and employees harmless and indemnify them from and against any and all claims and liabilities, including court costs and legal expenses, which may arise by reason of any bodily injury or death to Client and/or other people, and/or by reason of any damage to property, and/or by reason of loss of time, happiness or money arising from any Hunt scheduled or reserved through Dead On, or failure of any Hunt Provider to keep any representations made to Client or Dead On Outdoor Adventures.
BINDING CONTRACT. Client has read this Contract and agrees to the terms and statements contained herein and agrees to be legally bound by it. Client executes this Contract by signing and returning to Dead On, or as otherwise provided herein, as of the date found below. Dead On accepts the terms of this Contract by posting a copy of this contract on www.deadonoutdooradventures.com or by providing a signed copy of this contract to Client. (Please initial and date all pages of this contract.) This agreement does not become binding until it is signed by Client as provided herein and accepted by Dead On Outdoor Adventures.
Executed as of the date indicated herein.
CLIENT: (Print or Type)
City, State, Zip: _________________________________________
Home Phone: _____-______-_______ Cell: _____-______-_______
Dead On Outdoor Adventures
Signed By Manager: ______________________________________