Client Contract

Terms & Conditions / Release of Liability Contract

We value your business, but necessity requires additional legal paperwork these days. This Agreement must be read, signed, and returned to our office prior to your reservation being confirmed.

This Agreement is between the hunters named in the form at the bottom of this page.

North River Stone Outfitters Inc. (the “Company”)

Box 238
Athabasca, AB T9S 2A3
780-675-1942

In consideration of the terms and conditions herein, the parties agree as follows:

HUNT DETAILS

The Hunter wishes to participate in the following hunt:

Guide preference: Please fill in below when submitting this form (will try and accommodate guide requested, can not guarantee the guide requested)

The Hunt is provided by the Company or its outfitters, its guides, its suppliers, and other affiliates of the Company.The Company and its suppliers reserve the right to vary or cancel any hunt, or part of it, as it deems necessary or desirable for the benefit and protection of parties involved in the Trip.

• The Hunter is responsible for obtaining and maintaining the validity of all passports, visas, travel permits, health certificates, inoculations, and other documentation required for the Trip. The Hunter is also responsible for obtaining and maintaining the validity of all necessary permits and licenses (other than those specifically provided by the Company) required by law to participate in the activities of the Trip.
• Any special requests (e.g. diet or facility) must be submitted to the Company with the reservation. The Company will use its best efforts to accommodate such requests. If a special request results in an increase to the Hunt Cost, the Company will notify the Hunter as soon as possible.
• If the Hunter is a minor, the minor must be accompanied by a parent/guardian who agrees to supervise the minor at all times and ensure that the minor complies at all times with the instructions of the Company, the outfitter, its guides, its suppliers, and other representatives.
• A Hunter shall be prohibited from participating, or continuing to participate in, the Trip if he or she becomes mentally or physically disabled in any way that, in the opinion of the Company, its outfitters, its guides, its suppliers, or other affiliates, affects the Hunter’s capacity and ability to fully participate in the Trip, the Hunter’s ability to care for him or herself and minors for which he or she is responsible, or if the Hunter poses a danger to others. The Company will not be responsible for any expenses of the Hunter should he or she be precluded from completing the Trip due to such mental or physical disability.

Hunt Cost

The price payable by the Hunter to the Company is the amount set out on the attached invoice (the “Hunt Cost”). This Price is subject to adjustment pursuant to the terms of this Agreement.

The cost of any required passports, visas, travel permits, health certificates, inoculations, permits, licenses, insurance, special requests, or any other costs associated with the Trip are not included in the Hunt Cost, unless specifically stated otherwise.

Any trophy fees set out in the attached invoice must be paid in US dollars, in cash or by way of pre-arranged wire transfer, prior to the date of departure. Trophy fees are paid on harvested, wounded, or missed animals and are subject to adjustment for the following:

• A change in the trophy fee charged by the government of the jurisdiction in which the Trip is located; or
• A change in the total trophy fees as a result of a change in the number and/or species of trophies taken.

In the event of an increase in the trophy fee, the Hunter shall pay the difference to the Company upon notification of the increase. In the event of a decrease in the trophy fee, the Company shall provide a refund to the Hunter within 90 days of the completion date of the Trip.

The Company reserves the right to levy a surcharge in addition to the Hunt Cost where necessary to reflect changes or additions to the cost of the Trip to the Company and other hunters. Surcharges may include, but are not limited too , additional costs levied by the government on the type of hunt, additional costs incurred by suppliers as a result of new taxes, government charges, and the like. In the event of a necessary surcharge, the Company will provide written notification to the Hunter as soon as possible. The Hunter shall pay the surcharge within fourteen (14) days of receipt of notification.

Gratuities for the outfitters, local guides, and specially-requested professional guides and camp staff are always welcome and appreciated and, in most cases, serve as an important supplemental income source. Gratuities are handled directly between the parties. Normal Gratuity is between 7-10% of hunt price. We do encourage Gratuities.

Reservations, Payments, and Default

Reservations in the Trip can be made through the Company directly or through an authorized booking agent. All reservation requests are subject to approval by the Company. The Company reserves the right to reject any reservation request for any reason.

The Hunter’s spot in the Trip will be reserved and confirmed only upon receipt of the deposit set out in the attached invoice. 50% of the hunt shall be paid no later then April 1 of the hunting year. The balance of the Hunt Cost is due no later than sixty (60) days before the commencement date of the Trip. If the balance has not been paid by that date, the Hunter’s reservation may be cancelled in accordance with section 4.

CHANGES, CANCELLATIONS, & REFUNDS

A reservation may be varied or transferred by the Hunter upon written request to the Company. The Company may accept or reject the variation or transfer at its sole discretion and on any terms or conditions it deems reasonable, including charging of a change fee.

Cancellation of a reservation must be in writing and shall only be effective upon receipt by the Company. If the Hunter cancels a reservation, the following terms apply:

• There is NO REFUNDS for any cancelled or NO Show hunts.
• If the Hunter is a no-show at the Trip, the Hunter shall pay a no-show fee equal to 100% of the Hunt Cost.

The Company shall take payment of the applicable cancellation/no-show fee out of the deposit and any other amounts already paid by the Hunter. 

There shall be no refunds or compensation for the following:

• failure to collect any species that the Hunter may have sought to collect on the Trip;
• portions of the Trip not attended by the Hunter (unless prior arrangements have been made otherwise);
• substitution of facilities, areas, hunters, camps, and dates for any reason deemed necessary by the Company at its sole discretion
• amendments to itineraries after departure for any reason deemed necessary by the Company at its sole discretion
• lost travel time for any reason deemed necessary by the Company at its sole discretion; or
• circumstances beyond the Company’s control necessitating alternate arrangements for the safety and/or continued participation of those on the Trip.

Any refunds for reasons not otherwise set out in this Agreement shall be at the sole and absolute discretion of the Company.

WE HIGHLY RECOMMEND THAT CLIENT TAKE TRAVELL INSURANCE AND INSURE THE HUNT

Force Majeure

“Force Majeure” means any circumstances beyond the reasonable control of the Company (including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, terrorist attacks, sabotage, insurrection, civil disturbance or unrest, or requisition, sickness, quarantine, government intervention or hindrance of any kind, weather conditions or other untoward occurrences). It also includes situations where government concessions with respect to the Trip are no longer made available to the Company.

The Hunter acknowledges that travel warnings and advisories may be issued on occasion for the location of the Trip. The Company is not bound to the decision of any such travel warnings or advisors and may independently decide whether or not to proceed with the Trip.

If Force Majeure prevents the Company from performing under this Agreement, the Company shall be released of its obligations under this Agreement to the extent that the Force Majeure affects performance.

Upon the happening of a Force Majeure event, the Company may, at its sole discretion, vary or cancel the Trip on any terms it deems advisable in the circumstances. If the Company decides to proceed with the Trip (notwithstanding the occurrence of the Force Majeure event), the Hunter shall not be entitled to any refund. If the Company decided to cancel the Trip, the Company shall refund all amounts paid by the Hunter, less any amounts already incurred by the Company with respect to that Hunter’s participation in the Trip. We recommend to injure the hunt

ASSUMPTION OF Risk & Indemnity

The Hunter acknowledges that the Trip involves risks and dangers inherent to the activities of the Trip, including but not limited to, hazards of traveling by motorized vehicle, by airplane, boat or horseback, hazards of carrying and being in possession of firearms and ammunitions, hazards of being exposed to the elements of nature, hazards of being in areas where hunters are likely to be present, hazards of being and traveling in the remote wilderness areas, hazards of international travel, and hazards arising from accidents, acts of God, illness and forces of nature. The Hunter specifically acknowledges that such risks and dangers could cause serious injury, illness, or even death.

The Hunter assumes all risks and hereby agrees to release, remise, and forever discharge the Company, its subsidiaries and affiliates (including outfitters, guides, and suppliers), jointly and severally from any and all actions, causes of actions, express/implied contracts, claims and demands for damages, loss or injury, suits, debts, sums of money, indemnity, expenses, interest, costs and claims of any and every kind and nature whatsoever, at law or in equity that, which against the Company, its outfitters, its guides, its suppliers, and other affiliates, the Hunter ever had, now has, or can hereafter have by reasons of or existing out of any causes whatsoever related in any way to the Trip.

The Hunter further agrees to hold harmless and to indemnify the Company, its outfitters, its guides, its suppliers, and other affiliates from any and all actions, causes of actions, express/implied contracts, claims and demands for damages, loss or injury, suits, debts, sums of money, indemnity, expenses, interest, costs and claims of any and every kind and nature whatsoever, at law or in equity related in any way to the Trip.

Limitation Of Liability & Insurance

The Hunter acknowledges and agrees that the Hunter is responsible, and strongly advised to, seek appropriate medical advice with respect to the Hunter’s ability to participate in the Trip.

Carriage by land, sea, and air is subject to the terms and conditions of the travel carrier, some of which may limit liability.  Land, sea, and air travel are also subject to operational decisions of carriers and air and sea ports, which may result in cancellations, delays, or diversions, over which the Company has no control and for which the Company accepts no liability whatsoever.

Temporary or permanent loss of baggage and personal belongings is the sole responsibility of the Hunter. Any purchases made throughout the Trip are at the risk of the Hunter and the Company does not accept any responsibility for the handling, storage, and shipping to final destination of such purchases.

The Company is not obligated to provide to the Hunter insurance of any kind. The Company strongly recommends that the Hunter independently obtain broad insurance coverage, including, but not limited to, the following:

• accidental death and disability;
• loss of personal effects;
• emergency medical evacuation; and
• major medical trip cancellation.
• trip cancellation insurance
• Insure the hunt itself

Any referrals or recommendations provided by the Company with respect to insurance are for information purposes only. The Company shall not be liable for any claims, losses, or damages arising from such insurance referrals or recommendations, including, without limitation, its services in referring the provider, arranging for coverage on behalf of the Hunter, or otherwise.

Marketing MATERIALE

Information provided in the marketing brochure and any advertisements or newsletters published by the Company (“Marketing Materials”) are, to the best of the Company’s knowledge, correct and accurate as of the date of publishing. The Company reserves the right to update and/or revise any information provided in the Marketing Materials at any time and without notice.

The photographs and information provided in the Marketing Materials depict the details and experiences of actual prior hunts, but there is no guarantee that such experience will be replicated in any way on the Trip.

The Company reserves the right, without notice to the Hunter, to use of any photographs or video taken of the Hunter, of minors accompanying the Hunter, or of any other aspects of the hunt, the Company, its outfitters, its guides, its suppliers, or other affiliates for general purposes, such as, but not limited to, commercial television or video productions, without any further consent or compensation. The Hunter specifically acknowledges that such footage may contain video/audio images of him or her killing animals and that said images may be reproduced for commercial television or video production. If the Hunter makes photographs or personal video of your own available to the Company, the Company reserves the right to make use of such photos. By providing such photographs or video footage to the Company, the Hunter grants the Company a perpetual, fully paid, non-exclusive, irrevocable license to use such photographs or video images in the Company’s Marketing Materials or otherwise.

• The Hunter further acknowledges that all video/audio images of your Hunt taken by the outfitter or associated guides and service providers are the sole property of the Company and use of these images shall not be permitted without the expressed written consent of the Company.
• The client agrees not give any GPS coordinates information to any one not working actively with the Company and GPS coordinates if taken will only be used for the hunt the client is participating in the clients hunt year.
• The Client also understands that there will be no GPS coordinates taken of the hunting area or hunting spot/spots or where the Trophy was taken, and there will no GPS coordinates passed on to any other person.
• Client understands he does not advertise, enter or publish any pictures taken infield with the trophy or of the mountain ranges or the area or with North River’s name unless client has written consent of the Company.This applies to the Stone sheep hunts in particular.
• The clients also agrees that there will be no publishing of any story’s or pictures of the Stone Sheep hunt they have contracted North River for, or of any of the hunting area of North River Stone without written consent of the Company.
• 8.9 The Hunter hereby waives any and all right and title to the images taken over the course of the Trip and hereby forever releases and holds harmless the Company, it outfitters, its guides, its suppliers, and affiliates from any and all liabilities which may arise as a result of its use of images of the Trip.
• The Hunter herewith consent for North River Stone Outfitters Inc / North River Outfitting ltd to use any photo of the client and or his Harvest or photos of the clients trip, to be used by the company for marketing in Brochures, Video, and /or online marketing.
• Of course North River is happy to share any pictures taken with the Client. These percussion are taken to protect the clients and future clients of the company.

Booking Agents

For all trips booked through a booking agent, the Hunter acknowledges that the booking agent is not an agent of the Company in any capacity.  The Hunter specifically acknowledges that the booking agent is not the Company’s agent for the purposes of receipt of deposits or other amounts and that payment will not be credited to the Hunter until received by the Company.

The Hunter acknowledges that the booking agents are paid commissions based on a portion of the Hunt Cost. Any commissions charged by the booking agents are the sole responsibility of the Hunter. In the event of a cancellation, the Hunter must seek reimbursement of the commission amount from the booking agent.

Miscellaneous

The Hunter may not assign this Agreement to any other person without the prior written consent of the Company, such consent which may be unreasonably withheld.

• Any waiver of any default, breach or non-observance by the Hunter in respect of any covenant, agreement or condition herein contained shall not operate as a waiver of the Company’s rights in respect of any subsequent default, breach or non-performance by the Hunter.
• There are no promises, collateral agreements, representations, conditions, or warranties in respect of the Hunt except as are expressly contained herein. The attached Invoice and Itinerary shall form a part of this Agreement. In the event of a conflict or an inconsistency between this Agreement and the Invoice or Itinerary, this Agreement shall govern.
• If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or un enforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions of this Agreement shall continue in full force and effect.
• This Agreement shall be governed by the laws of Alberta. Any disputes arising with respect to this Agreement or the Trip should first be brought to the attention of the outfitter or guide assigned to the Hunt. If the dispute cannot be resolved, the parties shall refer the matter to arbitration pursuant to the Arbitration Act, RSA 2000, c A-43.
• Time shall in all respects be of the essence.
• Any notice pursuant to this Agreement may be personally delivered, or sent by registered mail or facsimile transmission addressed to the parties at the addresses stated above, and if mailed shall be deemed received 3 business days following the date of mailing.
• This Agreement shall ensure to the benefit of and shall be binding upon the personal representatives, successors, and permitted assigns of each of the parties hereto
• The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
• Words imparting the singular number shall include the plural and vice versa; words imparting gender shall include all genders and words imparting persons shall include individuals, corporations, partnerships, associations, trusts, unincorporated organizations, governmental bodies and other legal or business entities.
• This Agreement may be executed in counterparts and by fax or other electronic signature. Each such counterpart shall to be deemed to be an original instrument and all such counterparts taken together shall constitute one and the same agreement. Facsimile or photocopy signatures shall be deemed as legally enforceable as original signatures.

11. FLYING WITHIN THE AREA

We highly recommend you insure your hunt. We have information regarding travel insurance with Global Rescue here .