TERMS AND CONDITIONS

HUNTER TERMS AND CONDITIONS

  1. Release of Liability. 

This Release of Liability is made and entered into by and between Rut Outdoors and you, the Hunter, hereinafter designated Hunter, and if Hunter is a minor, Hunter’s parent or guardian.  In return for the use of the property to be bid on through Rut Outdoors Website, the Hunter, his/her heirs, assigns, and legal representatives, hereby expressly agree to the following: 

 

It is the responsibility of the Hunter to carry full and complete insurance coverage on his/her personal property and him/herself. 

 

Hunter assumes ANY AND ALL RISKS INVOLVED IN OR ARISING FROM THE HUNTER’S USE OF OR PRESENCE UPON LEASED PROPERTY AND FACILITIES including, but not limited to, death, bodily injury, property damage, falls, insect or animal bites, fire or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person. Hunter additionally assumes ANY AND ALL RISKS ASSOCIATED WITH THE SPORT OF HUNTING including, but not limited to, death, bodily injury, property damage, falls, insect or animal bites, fire or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person. 

 

Hunter agrees to hold Rut Outdoors and all of its successors, assigns, subsidiaries, affiliates, officers, directors, employees, and agents completely harmless and release them from all liability whatsoever on account of or in connection with any claims, causes of action, injuries, damages, costs, or expenses arising out of Hunter’s use of or presence upon leased property and facilities, including without limitation those based on death, bodily injury, or property damage, including consequential damages. 

 

Hunter agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release. 

 

Hunter agrees to indemnify and defend Rut Outdoors against, and hold it harmless from, any and all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which in any way arise from the Hunter’s use of or presence upon the leased property and facilities. 

 

Hunter agrees to abide by all rules and regulations of the leased property.  

  1. Payment.  

All payments made in connection with Rut Outdoors auctions must be made in coordination between the hunter and landowner.  Rut Outdoors is not responsible for any intermediary money transfers. Any bids not paid in full within 72 hours or in a manner as agreed upon by the landowner and hunter after winning the auction bid will be forfeit.   

 

III. Game. 

Rut Outdoors does not guarantee that any listed hunt will result in any amount of deer, turkey, wildlife, or game being killed, captured, seen, or otherwise encountered by any hunter. Hunter is responsible for obeying all game and conservation laws, as well as having all necessary hunting or fishing licenses up to date. Any hunter thought to be taking illegal game or committing any act or omission not permissible by law will be referred to the proper authorities.  

 

  1. Disputes.  

If there is any dispute about or involving the Rut Outdoors Services, Hunter agrees that the dispute shall be governed by the laws of the State of Missouri, USA, without regard to conflict of law provisions. Hunter agrees to personal jurisdiction and venue in the state and federal courts of the United States located in the State of Missouri, City of Jefferson City. Either Rut Outdoors or Hunter may demand that any dispute between Rut Outdoors and Hunter about or involving the Rut Outdoors Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) by an AAA arbitrator to be determined by Rut Outdoors, provided that the foregoing shall not prevent Rut Outdoors from seeking injunctive or other relief in a court of competent jurisdiction. 

 

  1. Divisibility.  

If any term or section of this Agreement is found to any extent to be invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms shall remain in full force and effect.   

This contract is non-assignable and non-transferable and is made and entered in the State of Missouri, and shall be enforced and interpreted under the laws of this state.  When the Hunter and Hunter’s parent or guardian, if Hunter is a minor, sign this contract by accepting all terms and conditions, it will then be binding on both parties, subject to the above terms and conditions.  To signs this contract, click on “I Agree” below.

 

LANDOWNER TERMS AND CONDITIONS

  1. Release of Liability. 

This Release of Liability is made and entered into by and between Rut Outdoors and you, the Landowner or Outfitting Service, hereinafter designated Landowner. Any person who places a bid with the intent of obtaining access or rights to a specific property by use of Rut Outdoors and its website, will hereinafter be designated Hunter.  

 

 In return for the use of Rut Outdoors Website in which to place for bidding any amount of property for any given period of time, the Landowner, his/her heirs, assigns, and legal representatives, hereby expressly agree to the following: 

 

It is the responsibility of the Landowner to carry full and complete insurance coverage on his/her personal property and him/herself. 

 

Landowner assumes ANY AND ALL RISKS INVOLVED IN OR ARISING FROM THE USE OF OR PRESENCE OF A HUNTER UPON LEASED PROPERTY AND FACILITIES including, but not limited to, damage to property, damage to topography, injury to livestock, damage to farm equipment, or any such item as to be found within the possession and ownership of the Landowner.  Insurance should be obtained for the reassurance of the Landowner, specifically designated and for the coverage of hunting, to cover any potential unforeseen event not anticipated from the act of leasing property or pursuit of harvesting game.  

 

Landowner agrees to hold Rut Outdoors and all of its successors, assigns, subsidiaries, affiliates, officers, directors, employees, and agents completely harmless and release them from all liability whatsoever on account of or in connection with any claims, causes of action, injuries, damages, costs, or expenses arising out of Landowners participation in allowing Hunter use of or presence upon leased property and facilities, including without limitation those based on death, bodily injury, or property damage, including consequential damages. 

 

Landowner agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release. 

 

Landowner agrees to indemnify and defend Rut Outdoors against, and hold it harmless from, any and all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which in any way arise from the Hunter’s use of or presence upon the leased property and facilities, or any other claim in which a dispute may arise. 

 

Landowner agrees to clearly state all rules to Hunter in a timely manner and in a way to which the Hunter can refer without question to designate the boundaries of the property, game to be pursued, and any other requirements or requests set forth by Landowner.  

  1. Payment.  

All payments to Rut Outdoors must be completed via PayPal or Credit Card, whichever is preferable for Rut Outdoors, at time the live auction hunt post being generated in the amount of $40.00 US dollars (subject to amendment).    If Landowner refuses a Hunter access to property submitted for bidding with Rut Outdoors for which the Hunter has successfully paid the amount agreed upon by the bidding process, Landowner agrees to refund the Hunter the complete amount of money for which the Hunter paid for access to the Landowner’s property.  Also, the Landowner agrees to forfeit the posting fee if the hunt is not successfully completed. Rut Outdoors will not be responsible for payments agreed upon between hunter and landowner, it will be the responsibility of the hunter and landowner to determine method of payment.

 

III. Game. 

Rut Outdoors does not guarantee that any listed hunt will result in any amount of deer, turkey, wildlife, or game being killed, captured, seen, or otherwise encountered by any hunter. Hunter is responsible for obeying all game and conservation laws, as well as having all necessary hunting or fishing licenses up to date. Any hunter thought to be taking illegal game or committing any act or omission not permissible by law will be referred to the proper authorities.  

 

  1. Disputes.  

If there is any dispute about or involving the Rut Outdoors Services, Landowner agrees that the dispute shall be governed by the laws of the State of Missouri, USA, without regard to conflict of law provisions. Landowner agrees to personal jurisdiction and venue in the state and federal courts of the United States located in the State of Missouri, City of Jefferson City. Either Rut Outdoors or Landowner may demand that any dispute between Rut Outdoors and Landowner about or involving the Rut Outdoors Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) by an AAA arbitrator to be determined by Rut Outdoors, provided that the foregoing shall not prevent Rut Outdoors from seeking injunctive or other relief in a court of competent jurisdiction. 

 

  1. Divisibility.  

If any term or section of this Agreement is found to any extent to be invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms shall remain in full force and effect.  

This contract is non-assignable and non-transferable and is made and entered in the State of Missouri, and shall be enforced and interpreted under the laws of this state.  When the Landowner signs this contract by accepting all terms and conditions, it will then be binding on both parties, subject to the above terms and conditions. To signs this contract, click on “I Agree” below.





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