Terms and Conditions
"Exhibit A"
For the 2004-2005 Season
September 1, 2004 through August 31 , 2005
Terms and Conditions: "Client" and "Company" as identified in the "Client Services Contract" specifically acknowledge and agree to the following: (1) that these Terms and Conditions are performable in Brewster County, Texas, United States of America; (2) that the venue for any litigation arising or related to these Terms and Conditions shall be in Brewster County, Texas, United States of America; (3) that these Terms and Conditions shall be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction; and (4) that if any party retains an attorney to recover reasonable attorney's fees, court costs, and any pre-judgment interest allowed by by Texas law. "Client" and "Company" specifically agree to indemnify, defend, and hold harmless the other party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision of these Terms and Conditions by the indemnifying party.
Domestic Hunting Daily Rates: Domestic Daily Rates are applicable to all hunting clients and all non-hunting clients of Parker and Parker, LLC within the continental United States of America. Domestic Daily Rates apply to all "client days", including days of arrival and departure. Meals, lodging, guide assignments and, mode of transportation shall be at the discretion of Parker and Parker, LLC.
"Observers" - Non-hunting Clients: Arrangements to accommodate "Observer" clients may be made at the time you make your hunting reservations. We would like to encourage clients to bring their spouse, children and/or friend along to share their hunting experiences. Time afield is a special time and always an opportunity to enjoy and share the wonders of nature. Please consider including them in you plans, family and friends make wonderful photographers! The daily rate for "Observer" Non-hunting Clients is $175.00 per day per person.
Observers wishing to hunt may do so at the discretion of the Guide or Professional Hunter in charge. When and Where observers are allowed the privilege to hunt and their hunting does not interfere with the progress of hunting, Applicable Hunting and Daily Rates will apply as published.
Not included: Rates do not include license fees, permit fees, conservation stamps, shipping, expediting, taxidermy-related activities pertaining to your trophies, and/or telecommunication services including FAX or Telephone. Rates do not include meat processing, freight for trophies and/or meat to be expedited and shipped or, packing and shipping by local processors. No customs brokerage, customs clearing and/or related international airfreight charges are included. Charter airfares and/or chartered vehicles to Parker and Parker, LLC concessions are not included in the rates, unless otherwise arranged or specified by Parker and Parker, LLC on making your reservations or, as outlined in the letter of confirmation. Clients are responsible for all of their own alcoholic beverages, personal effects, hunting accessories, shooting accessories, ammunition, day packs and, and optics.
Reservations: Verbal reservations will be held for a period of not more than then (10) days, pending receipt of your deposit and/or payment. Upon receipt of your deposit, your reservations will be confirmed with a letter of confirmation outlining the particulars of your hunt. The letter of confirmation will be accompanied by a "Statement of Account", reflecting your deposit (s) received, balance (s) due and, final date (s) of payment as pertain (s) to your hunt. You may also receive a Client Release of Liability as apply, and any other forms, sign and , return them to our office in the self-addressed envelope provided as soon as possible when making your reservations.
Hunt Deposits: Deposits are due and payable to Parker and Parker, LLC. in Alpine, Brewster County, Texas in the amount of fifty percent (50%) of the total cost of the hunt reserved, including estimated "Trophy Fees", in cash or certified funds, U.S. Dollars. Personal or company checks may be accepted with prior approval. The receipt of your deposit by Parker and Parker, LLC. and/or the receipt of any other monies for any and all hunts or, other activities as outlined in the letter of confirmation, acknowledges that the client and all other members of the hunting party have read, accept, and agree to the "Terms and Conditions" as outlined herein and agree to fully comply within the same.
Final Payment: Final payment, for remaining balances due, including estimated "Trophy Fees" as reflected in the "Statement of Account" accompanying the client (s) letter of confirmation, are due and payable to Parker and Parker, LLC., Alpine, Texas, U.S.A. in cash, U.S. Dollars or American Express Travelers Checks. Final payments are due not less than forty-five (45) days prior to the beginning date of the hunt or activity reserved, as outlined in the letter of confirmation and shown on the "Statement of Account". Failure to to comply with this provision will result in your hunt being automatically cancelled and your deposit (s) being forfeited. Reservations may be reinstated after the final payment deadline has lapsed at the discretion of Parker and Parker, LLC., with payment in full balances past due with interest and penalty. All balances remaining due after specified due dates and, all remaining balances due after ending hunting, fishing, and or touring dates, will bear a service charge of 1.5% per month or 18% per annum.
Reinstatement of Reservations: Reservations cancelled for non-payment in compliance with the provisions set forth in "Final Payments" outlined herein, may be reinstated at the request of the client (s) and at the discretion of Parker and Parker LLC., provided the following terms are met. On agreeing with the client (s) to reinstate reservations cancelled for non-payment, client (s) agree (s) to pay remaining balance due for the hunt cancelled, interest on the remaining balance due as provided herein and a penalty equivalent to one day's daily rate as applicable or 10% of the balance due for the hunt cancelled, whichever is greater.
Cancellations by the Client: Cancellations by the client (s) will be accepted in writing up to ninety (90) days prior to the beginning hunt date as reserved and specified in the letter of confirmation. On receipt of the client (s) letter of cancellation , a refund in full for monies received will be made, less 10% of the value of the hunt, or one (1) day's Daily Fee for each client (s) cancelled, whichever is greater. For cancellations by the client (s) received less than ninety (90) days prior to the beginning dates of the hunt reserved, all monies received will be forfeited. Substitute (s) for client (s) may be named at the time of cancellation where agreed to by all parties involved. Client substitutions will be accepted one time only and are subject to these same "Terms and Conditions".
Cancellations by Parker and Parker, LLC.: Parker and Parker LLC. reserves the right to cancel any and all reservations and/or hunt (s) at any time where circumstances beyond the control of Parker and Parker, LLC. dictate. Such cancellations are in the best interest of the client (s) where Parker and Parker, LLC. considers that such circumstances would be a detriment to the success and enjoyment of the client's hunt. Rarely is such a determination made. In this event, the client (s) will be notified immediately by both verbal and written communication. On notification of cancellation of reservations, the client (s) may elect to receive a full refund for monies tendered or re-schedule reservations for an alternate date mutually agreed by the client (s) and Parker and Parker, LLC. with no penalty to the client (s).
Wounded and Lost Policy: Any animal that a hunter shoots and wounds, verified by the discovery of a blood trail or other evidence, but is not retrieved from the field, will be considered the same as a dead animal. In this consideration, every effort will be made to retrieve the wounded animals from the field. If this is not possible and the animal is found at a later date, the hunter will be notified immediately as pertains to its disposition. Animals "wounded and lost" will be charged for as if they were "dead". The professional hunter or Guide in charge, accompanying the hunter at the time the animal (s) is shot at, will have the ultimate authority in determining whether or not the animal (s) is wounded and lost.
Very Important: It is of utmost importance that clients fully understand and comply with the "Terms and Conditions" set forth herein above. Should there be any question about any part, or if any part needs clarification, it is imperative that you contact the Parker and Parker, LLC office at your earliest convenience. It is otherwise understood that there are no questions and that you fully understand these "Terms and Conditions" as set forth herein and thereby agree to comply with all provisions. Prices are subject to change without notice, please confirm pricing on making your reservations.