Terms of Service

 

These Terms of Service (“Terms”) apply to all Guests, hunters, and participants who access or use OUTDOORSMAN services or participate in any hunting or outdoor activities arranged through OUTDOORSMAN. By booking or participating in any activity, you agree to the following:

Disclaimers

You choose to use OUTDOORSMAN services voluntarily and at your sole risk. All services and activities are provided “as is,” except as expressly provided in the Limited Warranty below, without any other warranties, express or implied.

You acknowledge that hunting and outdoor activities carry inherent risks, including but not limited to illness, bodily injury, disability, property damage, or death. By participating, you freely and willfully assume these risks for yourself and for any minors or guests under your supervision.

To the maximum extent permitted by law, you agree to release and hold harmless OUTDOORSMAN and the Landowner from all liabilities and claims that arise in any way from injury, death, loss, or harm that occurs during your participation in any activity, except in cases of the Landowner’s gross negligence or willful misconduct.

Limited Warranty

OUTDOORSMAN does not guarantee that you will harvest game animals or that your hunting skills will result in a successful hunt.

OUTDOORSMAN does guarantee the following:

  1. The property will be exclusively yours for the dates you have booked.
  2. You will have uninterrupted use and unlimited access to the property during those dates.
  3. You will have access to property where animals are present, although no specific outcomes are guaranteed.
  4. Your hunting experience will not be shared with other unrelated hunting parties.
  5. If you are dissatisfied with your experience, OUTDOORSMAN will provide access to another private property of equal value for the following year.

Except as expressly provided in this Limited Warranty, all services are provided “as is” without any further warranties, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

Liability

To the maximum extent permitted by law, all risks arising from your participation remain solely with you. OUTDOORSMAN, the Landowner, and their affiliates shall not be liable for any incidental, special, exemplary, or consequential damages, including but not limited to lost profits, lost data, service interruptions, computer damage, system failures, personal or bodily injury, emotional distress, or property damage arising out of or in connection with these Terms or your participation.

This limitation of liability applies even if OUTDOORSMAN or the Landowner has been advised of the possibility of such damages.

In no event will OUTDOORSMAN’s aggregate liability exceed the total amount you have paid to OUTDOORSMAN in the twelve (12) months prior to the event giving rise to the claim, or one hundred U.S. dollars ($100) if no such payments have been made.

Indemnification

To the maximum extent permitted by law, you agree to release, defend, indemnify, and hold harmless OUTDOORSMAN, the Landowner, their affiliates, officers, employees, agents, contractors, and representatives (“Indemnified Parties”) from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal and accounting fees) arising out of or in any way related to:

  1. Your breach of these Terms,
  2. Your participation in any hunting or outdoor activity,
  3. Your acts or omissions, or those of your guests, agents, or employees, including negligence or trespass,
  4. Any injury, death, or property damage (including damage to the Landowner’s property), or
  5. Any violation of laws, regulations, or third-party rights.

This indemnification applies whether or not caused in part by the negligence of any Indemnified Party, except in cases of gross negligence or willful misconduct by an Indemnified Party.

This indemnification includes all claims or damages in whole or in part caused by, associated with, or attributable to the condition of the Landowner’s property, including but not limited to roads, gates, bridges, fences, drainage structures, or other infrastructure.