Concierge Service Agreement
THIS AGREEMENT is made as of the date provided herein between Outdoor Channel Outfitters (“OCO”) and the undersigned (“Client”). This is a required agreement as part of the client’s Certified Outdoor Channel Outfitters Membership.
- ROLE OF OCO. OCO will assist the client in booking hunting, fishing and outdoor adventures, as well as other services available to customers of the client, by communicating directly with potential customers as leads are generated from http://www.outdoorchanneloutfitters.com and the Outdoor Channel Outfitters TV show. OCO will communicate via phone, email and the world wide web with both potential customers and Client to match the customer’s needs with the Client’s services and scheduled availability. The tools OCO will use in attracting potential customers for the client may include, but are not limited to, the world wide web through http://www.outdoorchanneloutfitters.com, TV shows on Outdoor Channel, television commercials on appropriate networks, email marketing, social media and the additional outlets of OCO’s partners.
- COMPENSATION OF OCO. OCO will receive a commission of 15% paid by the client’s customer from each deposit and/or payment made. Client authorizes OCO to deduct its fees and forward the balance to Client to hold the customer’s reservation. If the customer sends the deposit check directly to Client after OCO facilitates trip details and scheduling, Client will pay OCO compensation in the amount of 15% of the full trip/service(s) price, within 14 days of receiving the deposit.
- LIABILITY. OCO assumes no liability or responsibility for any loss, expense, damage, accident, delay, inconvenience, injury or death, which results directly or indirectly from any act or failure to act, whether negligent or otherwise, of any such client and/or any provider of transportation, lodging and other services. Customer agrees that they shall be solely responsible for the cost of accommodations and associated transportation for any overnight stays en route caused by bad weather and/or transportation company's scheduling problems, over booking, cancellations or other events beyond the control of OCO.
- SEPARATE CONTRACT BETWEEN CUSTOMER AND CLIENT. Client acknowledges that any contract for actual rendered services, implied or stated, such as guide service or access to private land, is between Client and the customer and not between the customer and OCO.
- BALANCE DUE. After payment of the deposit, the balance of the trip or service price is due according to Client's policy and will be forwarded to Client by OCO no later than 14 days of receiving the balance due, in the manner in which Client requests (check, money order, direct deposit or wire transfer).
- REFUNDS. If customer cancels the trip or services, Client's policy will govern all refunds. OCO will retain the commission described in paragraph 2, unless the state in which the trip was booked is a draw state and the customer did not draw a license or tag. Should the customer not draw a license or tag, and Client’s policy is to refund customer’s money in full, OCO will send payment in the amount of the commission collected to Client in the manner requested. Client acknowledges recommendation herein of adjusting policy, if not already accommodating, to retain, at a minimum, enough of the initial deposit to cover OCO’s commission and a fair value for the inconvenience of a cancelled trip or service.
- ACKNOWLEDGMENTS. Client acknowledges the following:
- OCO cannot control any aspect of the services for which customer contracts with a Client.
- OCO makes no guarantee as to the quality services rendered or the effect of weather conditions; OCO provides information about the services Client claims to provide, but does not guarantee that Client will provide the services as described.
- Client accepts the responsibility to detect, before scheduling the trip, any mistakes or errors in the OCO-supplied written or verbal information about the bookings.
- Client is responsible for acquiring and keeping up to date any necessary governmental permits or licenses that might be required to legally provide the services offered.
- TERM. This contract begins on the date Client signs it and ends 365 days from signed date. Either party has the right to terminate the relationship with a 30 day written notice delivered to the addresses listed in the undersigned addresses.
- INDEMNIFICATION. Client acknowledges and agrees on behalf of himself, his heirs, executors and assigns, to hold OCO, its agents, servants, and employees harmless and indemnify them from and against any and all claims and liabilities, including court costs and legal expenses, which may arise by reason of any bodily injury or death to customer and/or other people, and/or by reason of any damage to property, and/or by reason of loss of time, happiness or money arising from any trip or service scheduled or reserved through OCO, or failure of Client and their providers to keep any representations made to customer or OCO.
- ATTORNEYS FEES. If, through no fault of OCO, any litigation arises out of this Contract (whether before or after the scheduling of a booked trip or service), Client agree to indemnify OCO and its agents from all costs and attorneys fees incurred in pursuing and/or defending such action.
- NON DISCLOSURE. Client agrees to exercise its best efforts to ensure the continued confidentiality, all trade secrets and other confidential or proprietary information, including costs associated with booked trips, disclosed or made available to it or to any of its agents, employees, partners, or subcontractors, as a result of this Agreement or its relationship with OCO. Client further agrees to cooperate with OCO reasonable confidentially and other requirements which may be established from time to time, and shall immediately notify OCO of any unauthorized disclosure or use of any trade secrets or other confidential or proprietary information of which Client becomes aware. Client shall not issue or make any public statement concerning the agreement hereunder or the existence of this Agreement without OCO prior consent, except to the extent required by law. Client will provide OCO advance notice of disclosures to be made pursuant to any legal process, regulatory request or statutory requirement.
- ENTIRE CONTRACT. This Contract contains the entire contract between OCO and Client. This Contract shall not be modified or amended except in writing signed by both parties.
BINDING CONTRACT. Client has read this Contract and agrees to the terms and statements contained herein and agrees to be legally bound by it. Client executes this Contract by signing and returning to OCO, or as otherwise provided herein, as of the date found below. This agreement does not become binding until it is signed by Client as provided herein and accepted by OCO.
Click Here to download the agreement. Please fill out the Outfitter section, sign, date and fax to 229-686-5273.