- As the undersigned Hunter, I agree to the terms of this agreement between me and Hunts.Net. This contract concerns information to be provided to me by Hunts.Net as well as services that might be provided to me by one or more third parties, hereinafter referred to as Hunt Provider, including but not limited to outfitters, ranchers, guides, air taxi services, hunting land lessees and lessors, and scouting and map services. This contract is drawn under and is to be enforced under the laws of the State of Utah. Hunts.Net, its principals, subsidiaries, affiliated and/or associated companies, agents, and subagents, act only as hunting information providers in helping me to arrange services. Hunt Providers are independent contractors and are not subject to control of Hunts.Net.
- ROLES. I acknowledge that the role of Hunts.Net is to provide me with information that I can use in attempting to achieve my hunting goals. Much of this information is provided to Hunts.Net by Hunt Providers, previous customers of Hunt Providers, Hunts.Net customers or Hunts.Net staff members. Hunts.Net does not give unqualified recommendations of Hunt Providers due to factors beyond the control of Hunts.Net, including but not limited to unpredictable actions of Hunt Providers and guides, vagaries of weather and animal movements and populations, changes in hunting camps and leases, hunter skill and persistence, and so forth. A Hunt Provider or a guide hired by a Hunt Provider might perform in such a way that is acceptable to one customer but unacceptable to another customer. I expect to use the information that Hunts.Net provides, along with any further information I might acquire, in choosing which Hunt Provider, if any, to employ for a hunting trip. Hunts.Net soon expects to provide members with a password to access special reports and discounts available to members only on its web site. As I am joining Hunts.Net before the implementation of the password system, I will be given a free password that will be valid for a minimum of one year. I agree not to share my password with any person who is not a member of Hunts.Net. A password may be needed to access special reports, including but not limited to member reports on outfitters, permit drawing odds, special hunting opportunities, discounted hunting gear and hunt auctions.
- COMPENSATION. Hunts.Net is compensated through commissions paid by Hunt Providers, allowing Hunts.Net to provide free information to its customers and members. After Hunts.Net has put me in touch with a Hunt Provider, anytime I book any hunt with that Hunt Provider, I agree to send my deposit through a Hunts.Net office and not directly to the Hunt Provider. This is to ensure that Hunts.Net is paid the commission. This applies not only to my deposit for my first hunt with such a Hunt Provider but to my deposits on future hunts with the Hunt Provider as well as deposits for members of my hunting party. I authorize Hunts.Net to deduct its fees owed by the Hunt Provider and to forward the balance to the Hunt Provider to hold my reservation. I understand that the Hunt Provider will give me full credit for the total deposit before any fees are deducted. If I send the deposit check to Hunts.Net, the selling commission deducted by Hunts.Net from the deposit will satisfy my obligation to Hunts.Net. I will be liable for the commission due to Hunts.Net only if I send a check directly to the Hunt Provider, and the Hunt Provider then does not pay Hunts.Net the full commission due. In such an event, I will pay Hunts.Net compensation in the amount of 15% of the hunt price within 30 days of sending the deposit to the Hunt Provider. I agree to pay a late fee of 1.5% per month on amounts due more than 30 days late. My obligation to Hunts.Net is satisfied if I send my deposit through Hunts.Net or if the Hunt Provider sends the full commission to Hunts.Net.
- LIABILITY. Hunts.Net assumes no liability or responsibility for and/or to me for any loss, expense, damage, accident, delay, inconvenience, injury or death, which results directly or indirectly from any act or failure to act, whether negligent or otherwise, of any such Hunt Provider and/or any provider of transportation, lodging and other services. I agree that I shall be solely responsible for the cost of accommodations and associated transportation for any overnight stays in route caused by bad weather and/or transportation company's scheduling problems, overbooking, cancellations or other events beyond the control of Hunts.Net.
- VACATION INSURANCE. I am advised to procure vacation or travel insurance prior to any trip in order to recover expenses that I might incur if a trip is cancelled in the event of my sickness or death, the death of a family member, the death or negligence of the Hunt Provider, riots, wars, acts of God, flight cancellations, and so forth.
- REBOOKINGS. I understand that Hunts.Net has agreements with Hunt Providers to accept a lower commission for re-bookings than for the initial booking. My obligation to Hunts.Net for re-bookings is limited to that amount.
- HUNT PROVIDER/HUNTER CONTRACT. I acknowledge that this contract is not between me and Hunt Provider. I acknowledge that I am advised to procure a written, signed contract between me and Hunt Provider for actual services to be provided to me by Hunt Provider. I acknowledge that hunt prices, terms and dates are subject to change at any time before such a contract is signed by both parties.
- BALANCE DUE. After payment of the deposit, the balance of the hunt price is due according to Hunt Provider's written policy. Some Hunt Providers require final payment 30 to 60 days before the trip begins. When the balance is paid upon arrival, it must be paid by cash, money order or cashier's check.
- REPRESENTATION. Hunts.Net certifies that it will not knowingly suggest that I consider a Hunt Provider whose services do not correspond with claims made by Hunts.Net or by the Hunt Provider. I accept responsibility for selecting Hunt Provider and acknowledge that Hunts.Net's only role is to provide information to me.
- REFUNDS. If I cancel the a trip, the Hunt Provider's policy on refunds will be in effect. 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. In the event that I apply properly for a hunting permit required to take the hunt and fail to draw the permit, Hunts.Net agrees to refund the commission to me. In that case I acknowledge that Hunt Provider is responsible for refunding the balance of the deposit. I agree that this refund of Hunts.Net's commission is Hunts.Net's full and total liability to me in such situation. I agree that under any circumstances, Hunts.Net's financial responsibility to me is limited to Hunts.Net's commission amount.
- REPLACEMENT BOOKING. Hunts.Net often can find another hunter to replace me if I must cancel my trip. I agree to pay Hunts.Net a fee of 15% of the total hunt cost if I request this service either by writing or verbally and if Hunts.Net finds a replacement hunter for me, thus allowing me to recover a portion of my deposit. In order to increase the likelihood of booking a replacement hunter, Hunts.Net might off the hunt at a discount, rebating all or part of its fee to the replacement hunter in order to pay for the discount.
- ACKNOWLEDGEMENTS. I acknowledge the following: --Hunts.Net cannot control any aspect of the services for which I might contract with a Hunt Provider, including any claims Hunt Provider may have made to Hunts.Net and/or to me. Hunts.Net makes no guarantee as to the quality or quantity of game or fish, the quality of the services provided, or the effect of weather conditions; Hunts.Net provides information about the services Hunt Provider claims to provide, but Hunts.Net does not guarantee that Hunt Provider will provide the services as described. I accept the responsibility to detect, before booking the trip, any errors in the Hunts.Net-supplied written or verbal information about Hunt Provider and his services; --The Hunt Provider is responsible for acquiring and keeping up to date any necessary governmental permits that might be required to provide legally the services offered by Hunt Provider. Hunts.Net does not determine whether a Hunt Provider has all such necessary permits or licenses inasmuch as any such permit or license could be voided at any time by a governmental agency; --Hunts.Net does not check the driving, safety or criminal records of Hunt Providers or their employees or subcontractors, including air taxi operators; --It is my responsibility to ensure that Hunt Provider is properly licensed before my trip; --My baggage, personal items and equipment are my sole responsibility at all times; --I agree to supply a photograph of me with any game taken on the hunting trip. Hunts.Net may use my photograph and any reports about the hunting trip, whether verbal or in writing, for publicity and advertising purposes without payment to me;
- TAXIDERMY and BUTCHER SERVICES. HN does not recommend taxidermists or butchers and does not take referral fees. Hunter should have written contract with any such service before leaving trophies, capes, hides or meat. HN advises Hunt Providers not to recommend, act as an agent for or to accept a fee from such a service for referring business to or delivering animal parts to such a service.
- TERM. This contract begins on the date I sign it and ends 120 months later. However, I may use other hunting consultants and booking agents during that period. I may contract directly with Hunt Providers without sending deposits through Hunts.Net other than those with whom Hunts.Net put me in contact.
- INDEMNIFICATION. By signing below, I acknowledge and agree on behalf of myself, my heirs, executors and assigns, to hold Hunts.Net, 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 me and/or other people, and/or by reason of any damage to property, and/or by reason of loss of time, happiness or money due to any conflicts between what actually happens during the trip and what Hunts.Net has contended or implied would happen.
- ATTORNEY FEES. In the event that Hunts.Net prevails in any legal action over me, I agree to pay all attorney fees and costs incurred by Hunts.Net in association with the matter. If, through no fault of Hunts.Net, any litigation arises out of this Contract (whether before or after the booking of a hunting trip), I agree to indemnify Hunts.Net and its agents from all costs and attorney fees incurred by Hunts.Net and/or its agents in pursuing and/or defending such action.
- RESERVED RIGHTS. Hunts.Net acknowledges and agrees not to discriminate against me for reasons prohibited by state or federal law but reserves the right to accept, to decline, or to retain any person as a member of any trip or expedition. Hunts.Net reserves the right to cancel any trip prior to departure, in which case a full refund of the money I will have paid toward the hunt price will constitute a full settlement to me.
- FAX AND E-MAIL AND INTERNET TRANSMISSION AND COUNTERPARTS. Facsimile (fax) transmission of a signed copy of this Contract, any addenda, and the retransmission of any signed fax shall be the same as delivery of an original. A copy of this contract emailed to Hunts.Net (RICHL@hunts.net) from the Hunter with the Hunter's name type at the end of the e-mail shall be considered by both parties to be the same as delivery of a signed original. This Contract and any addenda may be executed in counterparts. This contract is considered signed by Hunts.Net when it is mailed or e-mailed to Hunter or is posted on the following worldwide web page: www.hunts.net/contract.html
- ENTIRE CONTRACT. This Contract contains the entire contract between Hunts.Net and me. This Contract shall not be modified or amended except in writing signed by both parties.
- I HAVE READ this Contract and agree to the within terms and statements and intending to be legally bound, I execute this Contract this date found below.
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