This agreement is made by and between Waterwalker Guiding (hereinafter referred to as “Outfitter”) and ____________________________(hereinafter referred to as “Client”). This agreement shall be effective on the date Outfitter receives Client’s deposit and both parties sign the agreement. The parties (Outfitter and Client), in consideration of the mutual promises contained herein, now agree follows:
1. The Outfitter Agrees to:
a. Be insured, bonded and licensed/permitted as required by all appropriate State and Federal registration, wildlife management and land management authorities, including but not limited to the Division of Registrations, the Office of Outfitter Registration: the Bureau of Land Management: the Colorado Division of Wildlife, Colorado State Parks and/or the U.S. Forest Service.
b. Provide client with a fully guided __ boat fishing and instruction.
c. The expedition will run from ________________, 2014 through _______________, 2014.
d. Which includes: ___ fishing days.
e. The Client will be provided with a suggested list of clothing and personal effects needed for the expedition. All regulations applicable to the Clients fishing expedition will be furnished and all other reasonable information requested by the Client pertaining to the expedition.
f. The Outfitter will provide rules and regulations relating to Colorado fishing and will follow safety precautions and procedures in setting up and operating all expeditions.
g. The Outfitter will provide the following agreed upon services and/or equipment.
· Guide services consisting of 1 guide for each 2 clients unless otherwise specified.
· The Outfitter will furnish the client directions to the boat ramp at _____________ location
· Boating safety equipment with accordance to Colorado boating regulations shall be furnished by the outfitter..
· Fishing equipment, rods, reels, lures and drinks.
· The Outfitter agrees the expedition will be in GMU ___#s with fishing locations designated by the permitting agency. __Other_____________________________________________.
· The Outfitter will practice and teach Leave No Trace.
The parties understand that the dates of the trip may change for reasons beyond the Outfitter’s control. The duration of the trip is as provided above, not-withstanding the fact that circumstances, including but not limited to, weather, governmental action, staff illness, equipment failure or other factors beyond the Outfitter’s control may prevent being on the water on certain days.
Note: Waterwalker Guiding does not provide personal gear, fishing licenses, park entrance fees, taxidermist fees, meat processing, or transportation to and from the lake.
2. The Client agrees to:
a. Pay all fees when due and furnish all required information by the dates promised. Abide by Colorado laws and regulations, U.S. Forest Service regulations, Colorado State Park regulations, and abide by other rules as provided by the Outfitter.
b. Purchase applicable license(s).
c. Arrange for his/her own travel to and from the location of the boat ramp designated by the outfitter.
d. Bring sufficient personal gear based upon the list provided by the outfitter.
e. Wear safety equipment, life jackets, etc. as designated and observe all safety recommendations by the outfitter.
f. Refrain from consuming any alcoholic beverage during the day or until the guided expedition is completed for the day.
h. Read and sign the attached RELEASE AND ACKNOWLEDGEMENT OF RISK form. All forms must be returned to Waterwalker Guiding on or before _________________, 2014.
3. Fees and Conditions
In consideration of the Outfitter providing the services as set forth herein above (including all
Attachment’s), the Client agrees to pay the Outfitter the sum of $__________________ per person or persons, in
U.S. funds in the form of cash, certified funds or money order, as follows:
a. A deposit of $__________ per person, which shall be paid by the Client to the Outfitter with a signed copy of this agreement and should be received by the Outfitter on or before _____________, or this contract will be null and void and in no way binding on the Outfitter unless accepted by the Outfitter in sole discretion.
b. The balance of the fee shall be paid on or before:
( ) _________________________________________________________.
( ) Prior to the expedition.
( ) Paid in full.
4. Cancellations and Refunds:
a. The deposit shall be held by the Outfitter for and on behalf of the Client and applied against the total fee. In the event, the Client terminates this agreement, the deposit shall be returned in half if and only if there is no Client bill pending with the Outfitter and the cancellation is made within 7 days of expedition starting date.
b. In the event the Client should desire to terminate the expedition early, the Client shall not be entitled to the refund of any portion of the fee.
c. In the event the Client materially defaults in the performance of any of his obligations herein, Client’s right to participate or participate further may be forthwith terminated at the sole option of the Outfitter. Under such circumstances the Client shall not be entitled to a refund or any portion of the fee.
d. In the event the Outfitter materially defaults in the performance of any portion of his obligations hereunder, due to circumstances beyond the Outfitter’s control including but not limited to weather, floods, fire, other acts of nature, governmental action, staff illness, equipment failure, the Client shall be entitled to partial or full refund and said refund will be left to the sole decision of Waterwalker Guiding.
e. Each Client understands that notwithstanding any other provisions of this contract, the Outfitter may, at his sole discretion, return any fees paid and decline to accept Client for any reason.
5. Pursuant to section 12-55.5-105(1)(c) and (1)(d), outfitters are bonded and required to possess the minimum level of liability insurance and the activities of outfitters are regulated by the Director of the Division of Registrations in the Department of Regulatory Agencies.
Client has read and understands this Agreement, and acknowledges that it shall be effective and binding upon the Client/ Outfitter and their respective heirs, successors and assigns. A parent or guardian must sign below for any participating minor. This Agreement shall be effective as of the latest date signed by the parties below.
Waterwalker Guiding Representative Date
Parent / Guardian of Client Date