Outdoor Trip and Travel Terms & Conditions
Wildlife Outdoor Productions LLC, The Hunt Club and or any of its affiliates, officers, members, employees hereinafter referred to as "WOP" or "Releasee",
and the Client or Member, hereinafter referred to as "Customer", each agree and understand the following Liability Waiver and Release Agreement ("Agreement")
and by the "Customer" providing WOP any form of deposit or payment, constitutes and confirms that the Customer had read, fully understands and agrees
with the terms set herein.
LIABILITY WAIVER AND RELEASE
The customer acknowledges that WOP acts solely as the booking agent for the outfitters, guides, all transportation providers, hotels, game lodges, and any and all other service WOP used in connection with Customer's trip, and a portion of the price paid by the Customer for the trip may be shared with outfitters, guides, transportation providers, hotels, game lodges, and any and all other service providers. Customer acknowledges WOP does not provide any of the above services which will or may be used during the trip. WOP makes reasonable efforts to investigate and book with providers who are of good quality. However, Customer acknowledges that it is not feasible for WOP to continually investigate status and availability of services offered by providers, financial condition of providers, or other success of Customer's trip in terms of quality (trophy) or quantity of fish or game that may result from the trip, nor the affect of poor weather conditions on the trip.
Customer acknowledges and agrees that trip descriptions on the WOP website, catalog, or other media are the responsibility of the trip outfitter and/or provider and WOP will not be liable for the accuracy of, or any errors or omissions contained within, any trip description. WOP does not warrant the accuracy of any trip description.
In partial consideration for WOP acting as the booking agent for the service providers for Customer's trip, Customer, for himself/herself, and his/her personal representatives, heirs and next of kin hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE WOP and its affiliates, and their officers or members, employees and agents (hereinafter referred to as "Releasee") from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, injury, including death, that may be sustained by Customer, or to any property belonging to Customer, whether caused by the negligence of Releasee or otherwise, while participating in the trip. Customer further agrees to INDEMNIFY AND HOLD HARMLESS Releasee for any loss, liability, damage or costs, including court costs and attorneys' fees that Releasee may incur due to Customer's participation in the trip, whether caused by the negligence of Releasee or otherwise.
Customer acknowledges that the trip may involve inherently dangerous activities and risks and that the trip may require extreme physical activity. The
risks include, but are not limited to, those caused by terrain, facilities, adverse weather, defective or faulty equipment, lack of access to emergency
medical care, death or serious injury, and actions of other people, including, but not limited to, other participants, outfitters, and service providers.
Customer is fully aware of the risks and dangers connected with the trip, including but not limited to the risks as noted herein, and Customer hereby
accepts all risks arising out of and relating to his/her participation in the trip. Customer represents that there are no health related reasons or
problems which preclude or restrict his/her participation and potential success in the trip.
Customer agrees that WOP's liability for damages arising out of the trip shall be limited to and not exceed the portion of the price paid by Customer for
the trip which represents fees paid to WOP. Customer agrees that neither WOP nor its employees shall be liable for special, indirect, incidental or
consequential damages. Customer agrees that WOP and its employees shall not be liable for the loss of or damage to any baggage, equipment, or other
personal items and such items are the sole responsibility of Customer at all times.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WOP MAKES NO WARRANTIES EXPRESS OR IMPLIED CONCERNING SERVICES PROVIDED, THE TRIP, ANY PROVIDERS USED IN CONNECTION WITH THE TRIP, OR THE SERVICES OF THE TRIP OUTFITTER. ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES ARE EXPRESSLY DISCLAIMED.
Customer agrees to be responsible for the costs of all accommodations and transportation for overnights In-route to and from the trip destination, including situations which are caused by bad weather, flight schedules, over booking or cancellations, other events beyond the reasonable control of WOP, or which are not specifically included in the bookings made for Customer by WOP. Customer agrees that WOP shall not be responsible for the return of any deposits and/or payments due to the cancellation or change of schedule by Customer or by any provider of services other than WOP.
Customer acknowledges that insurance or trip insurance is available, and is recommended for Customer to purchase, and such insurance would provide partial or all compensation for lost or damaged luggage, trip cancellation, medical expenses, medical evacuation, and supplier bankruptcy.
WOP reserves the right to cancel any trip prior to departure or to refuse any person as a member of any trip, in which case, WOP shall make a full refund which will constitute final and complete settlement with Customer. Customer acknowledges that all quoted rates, prices, and fees are subject to change without notice and Customer agrees to pay the same as a condition of proceeding with trip or have the option to cancel with full refund in the event the price changes are more than a 10% increase of the total trip cost.
Any disputes which may arise between WOP and the Customer arising out of the trip, or this Agreement, shall be heard solely in the appropriate state or federal court located within the State of New Jersey and in no other jurisdiction. Customer specifically submits to the personal jurisdiction of such court within the state of New Jersey. Customer agrees that New Jersey law shall govern the rights and liabilities of the parties. Court costs and legal fees shall be the sole responsibility of the Customer.
Customer grants WOP permission to use Customer's name, actual or paraphrased statements, and photographic and/or video images delivered or transmitted by Customer to WOP for the purpose of marketing, publicizing, and promoting the trip and/or WOP without additional approval, by any means, by the Customer. Customer waives any right to be compensated for the use of his/her name, statements and images, and releases WOP from liability for any claims, where such claims arise out of or relate to WOP's use of Customer's name, statement or image(s). Customer represents and warrants that all photographic and/or video images: (A) were created solely by Customer or by others who assigned all rights, title, and interest in their work to Customer; (B) The images and any intellectual property rights protecting the images are free and clear of all encumbrances; (C) The use of the images does not violate the rights of any third parties including, but not limited to, copyrights, trademarks, publicity, and privacy; and (D) To the best of Customer's knowledge the images do not require the payment of any fees to any third parties (e.g. SAG, AFTRA, etc.).
Conditions for all trips: A 50% deposit is required to confirm dates. WOP reserves the right to make changes in deposit requirements and or offer installment plans at WOP's sole discretion, in any case, full payment is due 45 days prior to the start date of the trip. Payment by Customer acknowledges that he/she has read, understands and agrees to all terms and conditions set forth herein and that no changes, including, but not limited to, any verbal, written or e-mailed modifications to these terms and conditions, set forth herein, by any of its officers, employees and/or agents, and will not be accepted as a modification to this agreement.
WOP highly recommends that all customers purchase trip cancellation insurance!
Cancellation Policy Not Covered By Trip Insurance: Customer cancellation of any trip will not be refunded any part of monies paid to WOP by the Customer
unless Customer meets the following. If canceling party, (Customer), finds a person to take their place on a scheduled trip, penalties may not apply.
A written notice of cancellation from Customer to WOP is required prior to WOP putting the Customer trip up for re-sale or making it available to another
client. If WOP is able to rebook the Customer scheduled trip, a 15% (of the total value of the trip) cancellation penalty will apply and the remainder
of your deposit will be refunded. Additionally, if WOP is able to rebook the trip and you decide to roll your deposit to another trip of equal or greater
value within a year of the trip cancellation date, the 15% cancellation penalty may be waived at the sole discretion of WOP. If the trip does not sell
the scheduled Customer trip or trip is cancelled less than 60 days prior to the trip, all deposits and payments are forfeited and Customer is responsible
for any remaining balance. WOP is under no circumstance is responsible to rebook a cancelled trip or to put a cancelled Customer trip up for resale.
WOP will in no way be responsible for any refund, if a cancelled trip is not rebooked or resold for the Customer. The same refund rules as set forth
herein apply to all members (Customer) of the Hunt Club.
Cancellations Covered By Trip Insurance: Contact WOP and your insurance carrier. WOP will supply the Customer's insurance company with pertinent documents to help process your claim. WOP recommends prior to purchasing trip insurance, that Customer reviews what the insurance does or does not cover. Insurance and insurance costs are the sole responsibility of the Customer.
This Agreement may be executed in any of the following ways (1) by mailing or delivering the signed Agreement back to WOP; (2) by emailing a scanned copy of the signed Agreement to WOP; (3) by faxing a copy of the signed Agreement to WOP (973) 208-5986; (4) electronic signature or (5) providing payment of any type to WOP, which constitutes, Customer had read, understands and agrees to all terms set forth herein. If the signed Agreement is emailed, faxed, signed electronically, or has provided WOP a deposit or payment of any type, Customer agrees that any of the above listed, shall be treated in all respects as having the full force and same effect as a document provided to WOP containing an original handwritten signature.
The undersigned has read this Agreement and voluntarily agrees that no warranties, oral representations, statements, or inducements, other than those contained in this Agreement, have been made to or relied upon by Customer in selecting or booking the trip. Furthermore, the Customer agrees to pay according to the payment schedule as outlined in the Wildlife Outdoor Productions and or The Hunt Club invoice ortrip payment schedule arranged with the Customer.
Parent/guardian (required for minor participants): As the parent and/or legal guardian to the minor identified above, I hereby agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor's participation in the trip. I agree to indemnify and hold harmless Releasee for all losses (including attorney's fees, court costs, and all costs whatsoever associated in connection of such) from any claims brought by or on behalf of the minor, including but not limited to, minors parents and or guardian where such claims are related to the minor's participation.