HUNTING SERVICES CONTRACT THIS HUNTING SERVICES CONTRACT (hereinafter referred to as the Agreement ) is made this day of, 20, (hereinafter referred to as the Effective Date ), entered into by and between Spring Creek Outfitters of Missouri, LLC, a general partnership with its principle address at 1682 Gablers Rd Gardners, PA 17324, (hereinafter referred to as SCO ), and, an adult individual with an address of, (hereinafter referred to as Hunter ). It is the intention of SCO and Hunter to enter into a business relationship whereby SCO is in the business of brokering hunts and related services by arranging said hunts in Sullivan and/or Putnam County, Missouri for Hunter. It is the intention of SCO and Hunter to enter into this Agreement so that the terms and conditions of the business relationship are more specifically set forth. as follows: In consideration of the mutual promises herein, both parties intending to be legally bound, agree 1. Description of Services. a. SCO shall provide to Hunter a location on a private managed farm on which to hunt, based on the package purchased by Hunter. Transportation to and from Hunter s designated hunting location is not provided by SCO; Hunter is responsible for his/her transportation. Tree stands are placed, to maximize Hunter s hunting opportunity. SCO also provides detailed maps and trail cam photos of properties being hunted. b. After harvesting an animal, contact a partner of SCO and SCO will help with the retrieval of all game harvested. The use of ATVs is available with an SCO partner being notified first. i. When hunting from an elevated stand, a safety harness must be worn; this is not provided by SCO. ii. SCO will designate the location where Hunter will hunt. SCO will make every effort to keep hunting parties together; however, it will depend on the amount of available land and the size of the hunting party. After a two and a half days, if Hunter has not tagged his/her game, Hunter may be relocated to another location, unless he/she requests of SCO to remain at the original, designated location. 1
Hunter may request SCO for relocation every full day thereafter, if location is not satisfactory to Hunter for whatever reason. Hunters will only be moved at midday. iii. Hunter must only hunt at their designated position and are not permitted to freely roam the property. If Hunter must leave his/her stand, for whatever reason, he/she shall only be permitted to traverse to and from his/her vehicle. Driving deer is not permitted at any time. iv. Hunter shall not trespass on adjoining properties. v. Hunter shall not damage the environment, land and/or accommodations. Any damages caused by Hunter shall be repaired at Hunter s expense. vi. Hunters are not allowed to follow wounded animals onto neighboring properties. vii. Hunters are not permitted to drive vehicles on property at any time. Designated locations on farms will be available for parking. c. All hunts are booked on a first come first serve basis. d. SCO shall provide lodging to Hunters. Lodging will be a fully furnished house. It is furnished with bedding/towels, pots and pans, kitchen, stove, microwave, refrigerator, freezers, washer/dryer, water cooler, toaster, alarm clocks, plates/silverware, space heaters, DVD player and television. Lodging is within a 15-25 minute drive to hunting properties. e. There are archery targets and a place to shoot your rifle. f. SCO will not provide any food. It s up to the hunter to provide all meals and drinks. g. At no time will smoking inside lodging be permitted. h. Before departure, the lodging must be returned to its original condition. Cleaning supplies are provided. i. SCO is not responsible for any lost, broken or stolen property. i. Facilities to process and freeze harvested animals will be available to Hunter. j. License/tags are not included in the hunting packages and are the responsibility of Hunter. For more details on licenses/tags and applicable fees, go to the Missouri Conservation Department web site http:/mdc.mo.gov/. i. Hunter must possess/obtain safety card. k. Hunters are expected to be familiar with Missouri state game laws and must abide by them at all times. l. Missouri State law requires hunters to harvest bucks with at least four points on one side. SCO requires hunters to harvest a 120 or better. 2
m. If a hunter harvests a buck under 120 a $300 fine will be imposed and must be paid in full before hunter departs for home. Anyone who harvest a button buck, a $50.00 fine will be imposed. n. The first time a hunter wounds a deer (buck or doe) with a bow or gun make all attempts to recover the animal. The second time a hunter wounds an animal and is unable to recover it, the individual s trip will be terminated. 2. Equipment and Supplies. Hunter shall provide his/her own equipment and supplies, unless otherwise specified in this Contract. He/she will be responsible for maintaining any equipment in good repair and in accordance with safety regulations. a. Hunter is permitted to use any scent, call, decoy and personal tree stand as long as they are permitted by Missouri State laws and are respectful to other hunters and the property. 3. Costs and fees. Archery (5) day hunt $1375 Archery Final Week (5) day hunt $1575 Rifle Week 1: (5) days $1,799 Rifle Week 2: (5) day $1500 or Late Season Inline: (6) day $1500 3 days Archery / 5 days Gun $3,000 (2) bucks 5 days Archery / 3 days Gun $3,000 (2) bucks Yearly membership Unlimited hunting access $3500 Semi-Guided Turkey hunts $150 a day Predator hunts $150 per day / fully Guided $250 3
a. A fifty percent (50%) deposit is due upon signing of contract. The remaining balance is due 30 days prior to the hunt. b. Deposits are non-refundable but are transferable to another hunt or hunter. c. As stated hereinabove, licenses/tags are not included in the above package prices. d. Payment should be made to SCO Outfitters of Missouri, LLC by cash or check, money order payable to either SCO partner. If paying by check, Hunter will be charged a $30.00 service charge on any returned check. If legal action is necessary to collect payment, Hunter shall be responsible for all reasonable court costs and attorneys fee associated with the collection of the debt. 4. Liability Indemnification. Hunter agrees to release SCO from liability of any kind, indemnify and hold SCO harmless from any and all claims; losses; expenses; fees, including attorney s fees; costs and judgments that may be asserted against Hunter as a result of his/her acts or omissions, including but not limited to, claims by others or by governments arising from negligence, failure to secure necessary licenses/tags and/or following all federal, state, or municipal laws, or misuse or unauthorized use of land or facilities. 5. Notice of Claim or Suit. Should a claim or suit arise against either party, the parties agree to forward immediately every demand, notice, summons, or other process they receive that involves a claim, suit or other legal proceeding. If received by Hunter, all notices must be mailed to: SCO Outfitters of Missouri, LLC, 1682 Gablers Rd Gardners PA 17324; if received by SCO, the notice will be mailed to Hunter s address provided on registration form. 6. Assistance and Cooperation. The parties agree to cooperate fully with each other in the conduct of any lawsuits arising, if any. The parties shall, upon request, attend hearings and trials and assist in securing evidence or obtaining the attendance of witnesses. 7. Initial Term. This Contract shall continue in full force and effect from the date of signing until at least thirty days (30) after the expiration of the hunt. 8. Renewal Terms. This Contract shall not renew automatically. A new contract must be executed for each and every hunt purchased by Hunter. 9. Termination. This Contract may be terminated as follows: 4
a. By Hunter upon thirty days (30) written notice to SCO Outfitters of Missouri, LLC, 1682 Gablers Rd Gardners, PA 17324. In this instance, Hunter understands any deposit or payment made to SCO is non-refundable; or b. At any time by mutual agreement of Hunter and SCO; In this instance, Hunter understands the initial deposit is non-refundable; however, any additional payment made above the 25% deposit will be refunded; or c. By Hunter or SCO if the other party breaches this Contract. If Hunter is the breaching party, any deposit or additional payment made to SCO is non-refundable. If SCO is the breaching party, a full refund, including the initial deposit, will be given to Hunter. d. By SCO in the event that SCO ceases to do business. In this instance, SCO will make a full refund, including the initial deposit, to Hunter. 10. Attorneys Fees. If any action is initiated by either party to enforce or seek damages for breach of any provision of this Agreement, the prevailing party in such action, if there be a prevailing party, shall be entitled to recover, in addition to the costs of the suit, such reasonable attorneys fees as the tribunal determining the action may award. 11. Notices. Any notices to be given hereunder by either party to the other may be effected either by personal delivery, by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change that address by written notice and in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of the date of actual receipt. Mailed notices shall be deemed communicated as of three (3) days after the date of mailing. 12. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, oral or written, between them. 13. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14. Modification or Waiver. No modification or waiver of this Agreement shall be binding unless in writing and signed by the parties hereto. The waiver by either party of any breach by the other 5
party of any obligations hereunder or the failure of such party to exercise any of its rights in respect of such breach shall not be deemed to be a waiver of any subsequent breach. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the courts of the County of Putnam in the State of Missouri. 16. BY SIGNING THIS CONTRACT, THE PARTIES AGREE THAT THEY HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONTITIONS OF THIS CONTRACT. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first above-written. Spring Creek Outfitters of Missouri, LLC: Date Michael E. Bupp, Partner Date Donald R. Orner, Partner Date Jason T. Kern, Partner Date, hunter 6
SPRING CREEK OUTFITTERS OF MISSOURI, LLC MISSOURI TROPHY HUNTS Archery (5) day hunt $1375 Archery Final Week (5) day hunt $1575 Rifle Week 1: (5) days $1,799 Rifle Week 2: (5) day $1500 or Late Season Inline: (6) day $1500 3 days Archery / 5 days Gun $3,000 (2) bucks 5 days Archery / 3 days Gun $3,000 (2) bucks Yearly membership Unlimited hunting access $3500 Semi-Guided Turkey hunts $150 a day / fully Guided $250 per day Predator hunts $150 per day / Fully Guided $200 Hunt Dates: Hunter s Name: (Last) (First) (MI) Address: (Street/P.O. Box) (City) (State) (Zip) Hunter s Contact No(s). Home: Work: Cellular: Email: Hunt Info: ( ) $ Subtotal$ *50% is due upon contract signing and the remaining Tax $ Balance is due thirty (30) days prior to the hunt. Less Deposit $ Balance Due $ 7