Outfitter Agreement - GS Hunting, LLC
Fees and conditons:
The client agrees to pay the outfitter the total sum in US funds by Venmo, etc... a nonrefundable deposit of $1000.00.
Early Termination of Outfitting Services.
If Client desires to terminate a trip during the trip, but
prior to its completion, Client shall not be entitled to a refund of any portion of the Fee. Outfitter will
make its best efforts to pack or transport the Client out of the wilderness area. Client acknowledges that
the decision as to when Client will be packed or transported out will be in the Outfitter’s sole discretion.
Except for emergencies or situations in which prior arrangements have been made, all members of a party
are expected to pack in and out together. In the event the Client materially defaults in the performance of
any of its obligations herein, Outfitter may terminate Client’s right to participate in its sole discretion and
Client shall not be entitled to a refund of the Fee.
Cancellation Outside of Control of Parties.
In the event the Outfitting Services cannot be
provided for reasons outside of the Outfitter’s control, Outfitter agrees to provide a) a fifty percent (50%) refund to the Client, or b) a hunt to the Client in the subsequent season as availability is determined by Outfitter in its sole discretion. If Client elects to receive a hunt in the subsequent season, then Client is responsible for transportation and other normal costs. Reasons outside of Outfitter’s control include, but
are not limited to, flooding, fire, other severe and unusual acts of nature, governmental action, staff
illness, equipment failure, livestock illness, and other similar reasons.
Failure to Draw License.
If Client fails to draw or purchase the required license for the species which it has contracted to hunt, Outfitter shall refund the Deposit to Client subject to other limitations for
refund in this Agreement.
Outfitter agrees to be insured, bonded, and licensed as required by applicable state and federal agencies, wildlife management authorities, and land management authorities. Client
agrees and expressly acknowledges that Outfitter may work through permits secured by third party
outfitters with whom Client contracts so as to gain access to areas otherwise unavailable.
Limitation on Services.
Outfitter does not provide sleeping bags, personal gear, hunting or fishing licenses, capping, quartering, taxidermist fees, or meat processing. Client is responsible for the meat,
hide, cape and antlers after field dressing and transport by outfitter to base camp. Any communication
regarding processing shall be solely and directly between Client and processor.
The Client agrees to perform the following in relation to this Agreement:
a. Pay all fees when due and furnish all required information by the required dates.
b. Conduct itself in a manner consistent with state and federal laws and regulations and
consistent with Outfitter’s camp and other rules.
c. Purchase applicable license(s) and tags.
d. Arrange for his own travel to and from areas hunted in Utah.
e. Bring sufficient but not excessive amounts of personal gear based upon the list provided by Outfitter.
f. Refrain from consuming any alcoholic beverage during the day or otherwise until all firearms are unloaded and stored for the day.
g. Client agrees that it has hunting and firearms handling experience commensurate with the expertise level required for the services being provided.
h. Client and Client’s medical professional have determined that Client’s age and medical condition are satisfactory for the purposes of this Agreement. Client agrees to hold Outfitter
harmless for any injury or damages as a result of any pre-existing medical conditions.
i. Client agrees to practice the highest level of safety at all times and to hunt only while accompanied by Outfitter. Hunter agrees to abide by any and all rules or instructions from Outfitter that may affect safety of Client or any other person. Any breach of such rules or instructions may, at the sole discretion of the Outfitter, result in termination of the Outfitting
Services without refund to the Client.
j. Client attests that it has obtained copies of all appropriate local, state and federal game laws, fully understands those laws and agrees to abide by all such laws.
k. Client agrees to allow Outfitter unconditional use and reproduction without cost of all of Client’s photographs and videos of Hunt and Client’s harvested game.
l. Client agrees to abide by any Guide’s or the Outfitter’s instructions regarding age and class of
11. No Guaranty of Harvest. Outfitter makes no warranties whatsoever that Client will be successful in harvesting any game on the hunt. Outfitter further provides no warranties concerning
the amount, size, or location of any animals. Client cknowledges that there are variables outside Outfitter’s control that may prevent Client from successfully harvesting animals, including but not limited to: weather conditions, changing migratory and breeding patterns, forage, and client skill.
Client agrees that Outfitter’s obligations are fulfilled by assisting Client to attempt to locate game, and not by the successful harvesting of such game. Client agrees to immediately compensate Outfitter for any additional game harvested by Client that is not described in the Hunt Description. An animal wounded by Client is considered a harvested animal. The judgment as to whether an animal is wounded is made by
and at the sole discretion of the Guide.
12. Release and Acknowledgement of Risk. Client agrees that it has read the attached RELEASE AND ACKNOWLEDGEMENT OF RISK.
All forms must be returned to Outfitter no later
than thirty days following submission of deposit. A Release and Acknowledgment of Risk must be signed
by each participant, and, in the event of the participation of a minor, by the minor’s authorized legal
13. Release to Use Images, Video, or Photography. Client acknowledges that the Outfitter may film, video, take photographs, or use other mediums while the Outfitting Services are provided. Client hereby gives consent and authorization to Outfitter for the use of any photograph, picture, image, or video of Client and/or Client’s party in any publication, website, commercial, or other medium for or on behalf of the Outfitter. Client, for him or herself and for those in Client’s party, waives and forever releases the
Outfitter Agreement Page 4 of 7
Outfitter from and against any and all claims, demands, or causes of action arising out of, or associated
with, the Outfitter’s use of the photograph, picture, image, or video.
Client has read and understands this Agreement, and acknowledges that it shall be effective and binding
upon the Client and its respective heirs, successors and assigns. A parent or guardian must agree for any participating minor (those under 18 years of age).
RELEASE AND ACKNOWLEDGMENT OF RISK
This RELEASE AND ACKNOWLEDGMENT OF RISK is voluntarily and knowingly
entered into by the persons as signed hereunder, (hereinafter “Participant”) and G S HUNTING,
LLC (“Outfitter”) its owners, employees, agents, volunteers, officers, and directors hereinafter
collectively referred to as Outfitter. This document is a full release and indemnity agreement
whereby Participant is releasing and indemnifying Outfitter from various risks, known and
unknown involving the various activities, including, but not limited to the Outfitting Services
described in the Outfitter Agreement.
Participant acknowledges and agrees that Participant’s participation in and receipt of the
Outfitting Services is completely voluntary and Participant acknowledges all risks, known and
unknown, accepts all risks, known and unknown, and assumes full responsibility for all risks,
known and unknown, including, but not necessarily limited to, those risks identified in this
release and acknowledges and accepts full responsibility for all property damage, bodily and
personal injury, illness, paralysis, and death to Participant and/or members of Participant’s
Participant will be engaged in activities involving fire arms, wild and domestic animals,
wild terrain, unpredictable weather, all-terrain vehicles, horses and other pack animals, and other
potentially dangerous recreational activities related to the Outfitting Services (“Activities”).
Participant acknowledges and fully understands:
1. That there are inherent risks and dangers involved with the Activities.
2. That the risks related to these Activities, and others, are inherent and may not be
anticipated, controlled, or eliminated by Outfitter and, further, Outfitter has no duty to do so;
3. That these risks and activities in general can cause property damage, bodily and personal
injuries, illnesses, paralysis, and death to you, your guests or members of your family;
4. That Outfitter and/or other people and Participants may, on occasion, be negligent
(negligent meaning, generally, a failure to exercise ordinary or reasonable care) in their duties
and responsibilities to Participant and this negligence can cause property damage, bodily and
personal injuries, illness, paralysis, and death to you or members of your family;
5. That the Activities and other related activities may be over rough or unpredictable terrain and be in remote areas and that bodily and personal injury, illnesses, paralysis, and other injuries
may occur to you where you are a considerable distance from doctors, hospitals, and any type of medical help or assistance.
Participant does hereby completely release, acquit, and forever release and discharge, Outfitter, its successors, personal representatives, and assigns of and from any and all actions, claims, demands, obligations, causes of action, damages, costs, loss of services, expenses, attorneys’ fees, and compensation of any kind or nature whatsoever on account of or in any way growing out of, or which in the future may result from, property damage, bodily and personal injuries, illnesses, paralysis, and death to Participant, Participant’s guests or members of Participant’s family as a result of participation in the Activities or from Outfitter’s negligence.
This release includes, but is not limited to, all claims or causes of action whether based on a tort, contract, or any other theory of recovery, which the Participant now has or which may hereafter accrue or may otherwise be acquired on account of or may in anyway grow out of any
recreational activities including, but not limited to, any and all claims for emotional distress, loss of consortium, loss of companionship, loss of income, bodily or personal injury to Participant, or members of Participant’s family, or any wrongful death claim or punitive damage or any other claim of Participant’s representatives or heirs which have resulted or may result from the Activities, acts, omissions, or negligence of Outfitter. Participant further stipulates and agrees, to fully indemnify and hold forever harmless Outfitter against loss from any and all claims,
demands, or actions which may hereinafter or at any time be made or brought against Outfitter by any person or entity who has made, or agreed to make payments on Outfitter’s behalf for any
medical expenses or any other obligations incurred by Participant as a result of property damage, bodily and personal injury, illness, paralysis, and/or death to Participant or any members of Participant’s family arising out of Outfitter’s activities. Participant further agrees and stipulates to indemnify and hold forever harmless Outfitter against loss from any and all further claims, demands, or actions which may hereinafter or at any
time be made or brought against Outfitter by any person or entity who claims to have been damaged, or who asserts a claim as a result of property loss or damage, bodily and personal injury, illness, paralysis, and/or death to Participant arising out of the Activities. Participant
further stipulates and agrees to fully indemnify and hold forever harmless Outfitter from any action, claim, demand, obligation, cause of action, damages, costs, loss of services, expenses, and compensation of any kind or nature whatsoever on account of or in any way growing out of,
or which in the future may result from property damage, bodily and personal injury, illness, paralysis, and/or death to any person, including minors and incompetents, over whom and for whom Participant has custody, control, and/or other legal responsibilities.
Participant represents that:
1. Participant has completely and fully read this document and agrees to its terms, has been given ample opportunity to seek legal counsel to review and advise Participant as to the legal effect of this release and has been provided additional opportunities to ask questions and make
inquiries of Outfitter regarding this release;
2. Participant warrants and represents he/she has no medical problems which might interfere with Participant’s ability to safely engage in any equestrian oriented activity;
3. Participant is voluntarily participating in the Activities with full knowledge of the activities and the risks involved;
4. Participant accepts and assumes the risks and legal responsibilities for any and all injuries and damages which may result from those risks associated with participation in the Activities;
5. Participant warrants and represents that he/she can fulfill any physical requirements involved with the Activities;
6. Participant understands that the presence of Outfitter’s personnel is no assurance of Participant’s safety or lessens any risks assumed by Participant;
7. Participant warrants and represents that he/she has obtained adequate
medical/disability/life insurance or other monies to cover losses to himself or others. It is agreed that this release and its provisions shall be governed by the laws of the State of Utah. NOTICE. Notice is hereby provided pursuant to Utah Code § 78B-4-201 through 203. The
Outfitter is not liable for inherent risk related to equine or livestock activities. “Inherent risk" with regard to equine or livestock activities means those dangers or conditions which are an integral part of equine or livestock activities, which may include:
(a) the propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them;
(b) the unpredictability of the animal's reaction to outside stimulation such as sounds, sudden movement, and unfamiliar objects, persons, or other animals;
(c) collisions with other animals or objects; or
(d) the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.
This release shall not be canceled, modified, or changed in any manner except by the written agreement of both Outfitter and Participant. The invalidity of any portion of this release shall not affect the validity of the remaining release.
THE CLIENT(S) HAS READ AND FULLY UNDERSTANDS THIS
RELEASE WHICH MUST BE COMPLETELY ACKNOWLEDTED BY SUBMITTING THIS FORM.