Infinite Outdoors Outfitter and Guide Services Agreement

Last updated: February 23 2026

Welcome to Infinite Outdoors’ website located at http://www.infiniteoutdoorsusa.com and/or our related websites and applications (“Site”), which are provided and maintained by Infinite Outdoors, Inc. (“Infinite”, or “Company,” or “we,” or “us,” or “our”).

Please read this document carefully. If you electronically acknowledge your agreement total of these terms below, this document and any and all of its referenced forms and appendices, together, constitutes your written agreement as a licensed qualified Outfitter and/or Guide to use the services of Infinite Outdoors to market and contract your services to Infinite Outdoors Trip customers (“Guests” or “Users” herein) through the Infinite Outdoors website and its associated booking system.

Please read this Agreement carefully and note the various terms, including but not limited to its various specific: ASSUMPTIONS OF RISKS AND LIMITATIONS OF LIABILITY; INDEMNIFICATION PROVISIONS; CLIENT TRIP BOOKING AND FEE PAYMENT TERMS AND CHARGES; YOUR AGREEMENT NOT TO CIRCUMVENT THE SITE AND TO USE THE INFINITE CHAT FUNCTION TO COMMUNICATE WITH GUESTS AND TRIP LOCATION PROPERTY OWNERS; AND, YOUR AGREEMENT TO ARBITRATE AND SIMILAR LIMITATIONS, along with the Infinite Outdoors Terms of Service (“Terms”) and the Infinite Outdoors Privacy Policy (“Policy”) and any other guideline, guest rules, or agreement found on our Site, which are all incorporated herein  by reference (collectively referred to as “Entire Agreement”), describe the full legally binding agreement between you (referred to hereinafter as, “Outfitter”) and Infinite Outdoors. The Outfitter and Infinite Outdoors are each a “Party” and are collectively the “Parties.”

Information regarding how we collect, use and disclose confidential, sensitive and personal information, if any, from our Users, Owners and/or Outfitters can be found in our Privacy Policy. You acknowledge and agree that your access and use of Infinite Services, and acceptance of the terms herein, are subject to our Terms, Privacy Policy, and any additional guidelines, licenses, guest rules or agreements found on our Site.

By accessing and using the Infinite Outdoors Site, you agree to comply with this Agreement, and agree that your use of the Infinite Outdoors Site and marketing services, and any dispute directly arising out of your use or misuse, shall be governed by this Agreement. We may modify the terms of this Agreement with respect to our willingness and the specific terms we use and follow to offer Outfitter services under the Infinite Outdoors “Add a Guide” service feature described herein at any time in our sole discretion, by posting amended terms to the Site, or by sending you an e-mail to the email address you provided to us. Your continued use of these Infinite Services thereafter shall constitute acceptance of all revised, modified, and/or amended Terms.  However, you should review the most up-to-date version of the Agreement from time-to-time on the Site. We will notify you of any material changes, amendments, or modifications to the Agreement through the Site, or through other communication. In the event you choose not to agree and accept the new, modified, or amended Agreement, you must cease use of any of the Infinite Services, including visiting the Site.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Additional terms may apply to certain Infinite Services and Infinite Trips, and those additional terms shall become part of your agreement with us if you use those Infinite Services and/or Infinite Trips.

1. Scope and Limits of Infinite’s Services.

The Site and services are designed to connect recreational property Owners with recreational user Guests in an effort to increase access to recreational land, and expand the Owners’ opportunities to earn revenue from their properties (“Infinite Services”). Our Site enables Visitors to browse various recreational land, sites, rentals, services and Trips made available through Owners Trip(s), and to create an Account to make a reservation and become a Guest at a Trip. We may also provide marketing and business process services to Owners through the Site (“Support”) as further described in this Agreement.

Each Outfitter that contracts with Infinite Outdoors to participate in the “Add a Guide” service advertised by Infinite Outdoors to Guests for their Trip(s) contracts  to be available according to the information the Outfitter provides to Infinite Outdoors to list on its Site as serviced that a Guest can contract with the Outfitter to provide for the Guest’s particular Trip(s). It is important to understand that Infinite only serves as a communications platform and marketing service to allow qualified Outfitters to effectively advertise to provide such services for Guest Trips on the Site.

At no time, and under no direct or indirect circumstance(s), does or can Infinite Outdoors ever contract with any Guest to provide any actual “Add a Guide” Outfitter services to the Guest for any Trip on any basis. Infinite Outdoors always only serves as a marketing platform and facilitator to allow Outfitters to offer their services to Guests for their Trips and then to facilitate communication and agreements for the provision of third-party contract based Outfitter services to be provided to Guests who use the Site. Infinite Outdoors is not, and will not ever be assumed or implied to be any kind of joint venture participant or formal or informal partner with any Outfitter concerning any Outfitter services for any Guest/Trip.

Owners who market their Properties for Trips on the Infinite Outdoors site are the Owner(s) or authorized manager of or for their respective listed recreational properties (each a “Property”), and each such Owner chooses to list those Properties on the Site pursuant to the terms of all applicable Infinite account and/or listing agreements. Subject to the terms of this Agreement, Infinite agrees to help you potentially gain Infinite site based access to an Infinite registered Outfitter Profile (”Profile”) that will then allow you, if you choose to do so, to market, sell and manage Add a Guide services to Guests and Users who use the Infinite Outdoors Site to book Trips on Property Owner recreational properties pursuant to this agreement.  

2. Marketing Using Infinite “Add a Guide” Features Outfitter on the Site.

You cannot and will not be included on the Site as an available Outfitter under the “Add a Guide” service unless and until you have applied to do so and been formally accepted by Infinite Outdoors pursuant to this Agreement. To apply to enter into this Outfitter Agreement with Infinite Outdoors, please complete and submit that Prospective Outfitter Application Form that is available to you using     electronically on the Site in the form(s) which Form is incorporated into this Agreement by this reference. Infinite Outdoors will review and respond to you concerning its determination whether to accept and approve your Outfitter application using a specific approval/denial. If you are approved then you will be asked to affirm that you are willing to agree to offer your Outfitter services to provide Outfitter licensed and insured Guides for Trips booked by Guests on the Infinite Outdoors Site pursuant to the terms and requirements of this Agreement. Infinite Outdoors has the sole ongoing discretion to determine whether you qualify to accept an offer to enter into this Agreement. Infinite Outdoors is not obligated, on any basis, to approve you for the Infinite Outdoors Site or to necessarily offer to enter into this Agreement with you.  

As an Outfitter approved to participate in this Agreement, you expressly agree on behalf of yourself/your outfitting entity(ies) and your employee and/or affiliate guides, that you shall not solicit or contract to provide any outfitting or guiding services to any persons on any Owner locations listed on the Infinite Outdoors Site without the prior informed specific consent of Infinite Outdoors.

As an Outfitter approved to participate in this Agreement, you expressly agree and acknowledge on behalf of yourself/your outfitting entity(ies) and your employee or affiliate guides, that Guests and others who use the Infinite Outdoors Site will be asked to provide reviews of the services you provide and your interactions with Guests who use the Site. You expressly consent to the solicitation and Internet sharing of all such reviews by Infinite Outdoors while you are subject to this Agreement.

3.        Requisite Outfitter Licensure and Verification of Insurance.

In order for Infinite Outdoors to consider you as a qualified Outfitter who can make licensed guiding services available through the Site pursuant to this Agreement, you and all of your employees, partners, agents and representatives must have in place and maintain in active good standing all requisite State and Federal licenses and permits to provide all of the Outfitter and/or guiding services that you advertise to Guests and Owners on the Site.

After you are approved to enter into this Agreement by Infinite Outdoors but prior to your initial listing on the Site, you shall provide Infinite Outdoors with the following verifiable documentation:

a.        Full copy(ies) of your current hunting/fishing outfitting license(s) for you and for each person who is employed by you or affiliated by or through you as a guide to provide any outfitting and/or guiding services to any Guests on Trips booked with Owners through the Site; and,

b.        Full copies of verifiable documentation evidencing the existence of liability and casualty insurance as described infra in this Agreement for your outfitting and guiding activities for the provision of any outfitting and/or guiding services to any Guests on Trips booked with Owners through the Site.

You shall not offer to provide any outfitting or guiding services to any Guest on any Owner location unless you and anyone else providing such services possess an active outfitting and/or guiding license form each relevant state and /or federal regulatory authority for each such location and Trip. You shall not offer or attempt to provide any outfitting or guiding service to anyone using the Infinite Outdoors Site illegally on any basis ever. You are solely responsible to obtain and maintain all necessary and requisite outfitting and guiding licensures and permitting at all times. Infinite Outdoors is never directly or indirectly responsible to insure that you obtain and maintain all necessary and requisite outfitting and guiding licensures and permitting at all times.

Your use of the Infinite Outdoors Site pursuant to this Agreement is always expressly conditioned upon your valid licensure to provide Outfitter services. If you lose such licensure at any time, you shall immediately report that licensure change to Infinite Outdoors and loss of such licensure can result in the immediate termination of this Agreement between you and Infinite Outdoors.

4. Duration of Agreement - Termination.

If Infinite Outdoors agrees to enter into this Agreement with you, either Infinite Outdoors or you have the right, upon ten (10) days advance express written or verifiable electronic notice, to terminate this Agreement for any reason or for no reason. Infinite Outdoors is shall not, directly or indirectly, be or serve as any express or implied party in privity in any way with you or any Owner, Guest or Site User to any services contract(s) that you enter into with any Guest or Owner concerning any Trip that is facilitated by the Infinite Outdoors Site. If your participation in this Agreement terminates, then you are and remain solely responsible to perform, amend or terminate any existing services agreements that you have in place with any Infinite Outdoors Guests or Owners fully subject to your obligations pursuant to this Agreement to pay or credit Infinite Outdoors any and all amounts owed to it for all such Trips or agreements facilitated by this Site pursuant to this Agreement. Sections 3, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of this Agreement, any certificate, document, or instrument delivered in connection with this Agreement, and the transactions contemplated as a result of this Agreement are intended to and shall survive the termination of this Agreement to the fullest extent possible.

5.  Outfitter/Guiding Service Reservations on the Site and Fees.

Fees to be charged by you for your outfitting/guiding services for Trips with Guests booked through the “Add A Guide” feature on the Infinite Outdoors Site shall be set by Infinite Outdoors and are established for purposes of execution of this Agreement specifically as follows:

a.        Guests/Outdoorsmen/Users - Trip Services Reservations.  When a Guest books a Trip on the Infinite Outdoors Site system, they will be offered the ability to also submit a request for Add a Guide Outfitter provided services if such services are available for the Trip booked. If Outfitter Add a Guide services are selected to be provided, the Guest will click a tab on the Site with the specific Add a Guide Outfitter offering, open a Site Chat with any Guide that is available that day, and then if the Guest chooses the Guest will be able to click to add the specific add a Guide service they desire to their Trip for future payment processing pursuant to applicable fee schedule. 

6. Infinite Outdoors Outfitter Marketing and Administrative Fees and Payment Terms and Procedures.

a.        Within ten (10) days of being notified of approval by Infinite Outdoors, Outfitter shall be solely responsible to provide Infinite Outdoors with Outfitter’s suggested Guest Trip Add a Guide prices or range(s) of prices for Outfitter/Guide services per Owner Property(ies) and an accurate available Trip(s) schedule. Infinite Outdoors will not be bound by those suggested Guest Trip Add a Guide prices.  Infinite Outdoors will set Guest Trip Add a Guide prices per Owner Property(ies) and available Trip(s) and will communicate those prices as to the Outfitter. The Outfitter will then approve those prices with Infinite Outdoors if the Outfitter chooses to proceed to be listed as an Add a Guide service on the Infinite Outdoors Site within five (5) days of Outfitter’s notification of each Guest Trip Add a Guide prices per Owner Property(ies) and available Trip(s). No later than   five_  days after such agreement, Outfitter shall  provide Infinite Outdoors with that information, include explanation(s) of the details of the amounts charged per each Outfitter offered Add a Guide service for any Trip.

b.        Any Guest who books a Trip on the Infinite Site at an Owner’s location shall, if one or more approved Outfitters are available for that Trip location, have the option on the Site to also elect to “Add a Guide” for that Trip. You agree that, solely as compensation for Infinite Outdoors providing you, as a Site qualified licensed Outfitter, the use of the Site to market and connect with Infinite Outdoors Guests each time a Guest Books a Trip and also reserves Add a Guide services using the Infinite Outdoors Site, Infinite Outdoors shall collect the following fees from the Guest

i.        Add a Guide Reservation Fees.  When a Guest books Add a Guide services offered by an Outfitter using the Infinite Outdoors Site for a Trip, Infinite Outdoors will process the Guest’s Outfitter agreement submission, provide it to the Outfitter, verify with the Outfitter that Outfitting/Guiding services are in fact available for that Trip, and then communicate to the Guest the availability of outfitting/guiding services for the Trip.

ii.        If Outfitting/Guiding services are confirmed to be available for the Trip and are desired, then, in addition to any routine booking fees and/or Trip prepayment(s), the Guest will be required to pay a predetermined base or minimum additional Add a Guide fee dependent upon the type of Trip/Property booked (i.e. DIY hunt or fishing versus big game hunt with license draw involved) using the Infinite Outdoors Site to make that deposit payment and within a required time as follows:.

        (1)        Add a Guide Outfitter Services Fees for Fishing and DIY Trips.  For fishing and DIY Trips that will not involve the Guest submitting to draw for a license in a State licensing draw system or similar system, the Site will require that each Guest desiring to contract for Add a Guide services shall fully pay for the Add a Guide Trip services available on the Site using the Site when the Trip is booked The Site will specify the applicable per-person Add a Guide fee as base and additional person fees per Trip selected.

        (2)        Add a Guide Outfitter Services Fees for Big Game Hunt (license draw) Trips.  For Big Game Hunt Trips that will require the Guest to submit to draw for a license in a State licensing draw system or similar system, the Site will require that each Guest desiring to contract for Add a Guide services initially pay only the requisite Infinite Outdoors fee required to preliminarily book the Trip pending license draw. If the Guest draws the license(s) necessary for the Guest to participate in the Trip, the Guest shall pay Infinite Outdoors one-half (50.00%) of the Add a Guide fee associated with that Trip within ten (10) days of Guest notification of the license draw using the Infinite Outdoors Site. The Site will specify the applicable per-person Add a Guide fee as base and additional person fees per Trip selected. Within thirty (30) days immediately thereafter, Guest shall pay Infinite Outdoors the full remaining one-half (50.00%) of the Add a Guide fee associated with that Trip using the Infinite Outdoors Site.  The Site will again specify the applicable per-person Add a Guide fee as base and additional person fees per Trip selected.

c.        Upon notification by the Outfitter to Infinite Outdoors that a booked Trip for which all Add a Guide fees were timely paid to Infinite Outdoors using the Site has been completed, the fees paid by the Guest for the Add a Guide services shall be paid by Infinite Outdoors to the Outfitter and to Infinite Outdoors using preapproved electronic transfer within ten (10) days of the new month immediately following such notification as follows:

(1)        Seventy-five (75.00) to Eighty-five (85.00) percent of the amount of the approved Add a Guide minimum Trip fee collected plus Seventy-five (75.00) percent of the extra person fee(s) collected shall be paid to the Outfitter; and,

(2)        Fifteen (15.00) to Twenty-five (25.00) percent of the approved Add a Guide minimum Trip fee collected plus Twenty-five (25.00) percent of the extra person fee(s) collected shall be retained by and deemed paid to Infinite Outdoors. Exact percentage set by Infinite Outdoors in its discretion and subject to change upon notice.

d.        Infinite Outdoors will notify the Outfitter of each Trip booking and deposit receipt by automated email and provide the Outfitter with the information necessary for the Outfitter to use the Infinite Outdoors Site Chat feature to make contact with the Guest and confirm all necessary additional scheduling and preparations to provide outfitting/guiding services consistent with the booked Trip reservation to the Guest. The Outfitter commits to use the Chat feature on the Site and to provide prompt communication with the Guest for each such confirmed outfitting/guiding services
Trip booking that Infinite Outdoors notifies you about using the Chat feature on the Infinite Outdoors Site and otherwise as the Outfitter and the Guest arrange for each Trip.

e.        Infinite Outdoors will provide each Outfitter with a Site based calendar to manage Add a Guide and Property availability. The Outfitter shall be responsible on a regular continuing basis to update and track each Outfitter’s pending and competed Add a Guide Trips.

f.        Outfitter expressly consents and authorizes Infinite Outdoors, through its Site, to provide and perform all Guest Add a Guide deposit and payment processing and book keeping in this manner. Outfitter will communicate and cooperate with Infinite to allow Infinite Outdoors to set up the necessary protocols and account information to facilitate this process. Further, by authorizing Infinite Outdoors to facilitate and administer Add a Guide Guiding fee Trip deposits and payments through the Site, the Outfitter hereby expressly authorizes Infinite Outdoors to collect and pay or remit all applicable taxes, credit card processing fees, ACH or other transfer fees or any other similar fees incurred to accept any fees from Guests to facilitate any Add a Guide Trip services booking for Outfitter using the Infinite Outdoors Site pursuant to this Agreement.

g.        The Outfitter is and at all times shall be solely responsible, at all times, to make all payments due to its employee and/or contractor guides according to whatever employment or independent contractor relationship that the Outfitter chooses to maintain with its guides. Infinite Outdoors fully disclaims and has no legal relationship with any of the Outfitter’s guides on any basis whatsoever. Neither Infinite Outdoors nor the Outfitter intend to or shall establish or enter into any express or implied partnership, joint venture or other similar business relationship, at law or in equity, on any basis whatsoever at any time. No such relationship(s) shall be implied, at law or in equity, on any basis whatsoever at any time.

7.  Cancellations.

The following rules shall govern all Trip cancellations for all “Add a Guide” services:

a.        If a Guest cancels a Trip or part of any Trip thirty (30) calendar days or more immediately prior to the booked Trip commencement date and time, then, after a reasonable effort is made to reschedule the Trip/Add a Guide services that were booked, the Guest shall not be required to pay the Outfitter any of the booked Add a Guide fees.

b.         If a Guest cancels a Trip or part of any Trips forty-eight (48) hours immediately prior to the booked Trip commencement date and time but less than thirty (30) calendar days or more immediately prior to the booked Trip commencement date and time, then, after a reasonable effort is made to reschedule the Trip/Add a Guide services that were booked, the Guest shall be required to pay the Outfitter and Infinite Outdoors fifty-percent (50.00%) of the booked Add a Guide fees. Each Guest shall pre-authorize Infinite Outdoors to assess, collect and distribute this Guest owed cancellation fee when they book their Trip with the option of also booking Add a Guide services using the Infinite Outdoors Site. Each Outfitter expressly authorizes Infinite Outdoors to assess, collect and pay such Add a Guide cancellation fees from the Guest unto the Outfitter, less applicable credit card processing fees and management fees incurred by Infinite Outdoors.

c.        If a Guest cancels a Trip or part of any Trips less than forty-eight (48) hours immediately prior to the booked Trip commencement date and time, then, after a reasonable effort is made to reschedule the Trip/Add a Guide services that were booked if that is possible, then the Guest shall be required to pay the Outfitter and Infinite Outdoors one-hundred percent (100.00%) of the booked Add a Guide fees pursuant to the terms of this Agreement and no refund or reimbursement will be paid to the Guest. Each Guest shall pre-authorize Infinite Outdoors to assess, collect and distribute this Guest owed cancellation fee when they book their Trip with the option of also booking Add a Guide services using the Infinite Outdoors Site. Each Outfitter expressly authorizes Infinite Outdoors to assess, collect and pay such Add a Guide cancellation fees from the Guest unto the Outfitter, less applicable credit card processing and management fees incurred by Infinite Outdoors.

d.        If any Outfitter or Outfitter’s Guide(s) no shows or cancels a Trip or part of any Trip within forty-eight (48) hours or more immediately prior to the booked Trip commencement date and time, then the Outfitter is obligated thereafter to promptly reschedule the Trip with the Guest with contemporaneous notice to Infinite Outdoors. The Guest will not owe the Outfitter any additional fees if the Trip can be moved to a different Trip schedule and/or Property that the Guest expressly agrees to. In this circumstance, the Outfitter shall not receive any fee payment from any Guest through Infinite Outdoors unless and until the rebooked Trip is verified by Infinite Outdoors to have been completed.

e.        If any Outfitter cancels any Trip using less than forty-eight (48) hours advance notice and a replacement Guest Trip booking cannot be verified before the date and time that the Trip was originally scheduled to commence, then the Outfitter is responsible to promptly pay, and hereby authorizes Infinite Outdoors to refund unto the Guest, a full refund for the Trip. When a full refund is owed in this circumstance, the Outfitter will owe the Guest the full refund of all fees paid for the Guest Trip and,, in addition to such full Guest refund, the Outfitter shall also owe and promptly pay unto Infinite Outdoors Twenty-Five Percent (25.00%) of the full Guest Trip fee that is refunded to make Infinite Outdoors whole for the lost and refunded Guest Trip booking. Outfitter authorizes Infinite Outdoors to withhold or debit from any amounts payable to Outfitter, or to invoice directly, for any refunds, reimbursements, or cancelations penalties owed under this section.

f.        If any Outfitter requires a Guest using the Infinite Outdoors system and/or Site to agree to any separate or distinct Guest Trip agreement for any reservation, fee payment and/or cancellation policies that is, in whole or in part, materially different from the terms, conditions and policies set out in this Agreement, then this Agreement shall govern and supersede any such separate or distinct contradictory Outfitter Guest agreements.  

8.  Chat Function and Outfitter/Guest Communications.

As an Outfitter approved to offer Add a Guide Trip services pursuant to this Agreement, to enter into this Agreement, you or your staff shall be primarily responsible to communicate promptly and responsively with each Guest who books a Trip through the Site. Infinite Outdoors will provide and strongly encourages you to use the Infinite Outdoors Site based Chat communication function for this purpose at all times to the fullest extent possible. Using the Infinite Outdoors Chat function for all such communications concerning Guest Trip related communications will be most likely result in private and accurate communications and sharing of relevant data. All Outfitter communications with Guests, Property Owners and/or Infinite Outdoors generated pursuant to this Agreement may be stored in an Infinite Outdoors proprietary database and shall be the sole property of Infinite Outdoors. You expressly authorize Infinite Outdoors to store all such communications in its database in its discretion.  Any and all use of the Chat Function by any Outfitter, Guest or other authorized Infinite Outdoors Site User is and shall at all times be fully subject to the Infinite Outdoors Privacy Policy, which Privacy Policy is expressly adopted into this Agreement by this reference.

9. Infinite’s Support

Infinite Outdoors provides indirect support to qualified Outfitters by facilitating the relationship between Outfitters and Guests for Trips booked with Owners through the Infinite Outdoors Site. Infinite Outdoors’ support in this regard includes the following (collectively “Support”):

a. Marketing. Infinite Outdoors will make suggestions as to how best to market each  Property where Add a Guide services can also be provided by Outfitters, as deemed appropriate by Infinite Outdoors, and as accepted by the Property Owners, to promote the Trips. To promote the Site and to increase the exposure of Trips to potential Guests and Users, Trips and other Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. Outfitter expressly consents to all such marketing that is not provided directly on or through the Infinite Outdoors Site.

b. Relationship Management. Infinite Outdoors will take actions it deems reasonably appropriate to manage Outfitter relations, including communicating with Outfitters and assisting in communication between an Outfitter and any Guest(s) or Site User(s) for purposes of completing or verifying reservations, managing Guest Trip check-in and check-out, required and/or facilitated payments pursuant to this agreement and communications with the Guests regarding their experience with the Owner and Property.

c. Payment Processing. Infinite Outdoors will, through its third-party payment processing platforms, process Guest payments relevant to Outfitter Add a Guide reservations and fees and will as provided in this Agreement.

d. Dispute Resolution. Infinite Outdoors may, in its sole discretion, help facilitate dispute resolution between an Outfitter and a Guest or Guests. Any disputes over Outfitter Fees or any Outfitter compliance with this Agreement shall be decided by Infinite Outdoors in its reasonable discretion. While Infinite Outdoors employs certain processes to help ensure Guests and Trip Property Owners are responsible and capable, Infinite Outdoors has no control over and does not in any way expressly or impliedly represent, warrant or guarantee: (a) the experience, capability, legality, or similar qualifications of any Guest or Property Owner; (b) the truth or accuracy of any Guest or Property Owner Trip related descriptions, reviews, rating, and other Content (as defined herein); or, (c) the performance or conduct of any Guest, Property Owner or any other third party.

10. Infinite’s Role and Your Outfitter Agreement(s) with Guests and Owners.

Outfitters alone are responsible for their booked “Add a Guide” Trips and all related Guest services arranged using the Infinite Outdoors Site subject to the terms and conditions of this Agreement. When a Guest or User books Add a Guide services for a Trip, the Guest is entering into a contract directly with the Outfitter. Infinite Outdoors is a facilitator only and is not and does not ever become a party or any intended party of any kind at law or in equity in any contractual relationship between Guests and Outfitters or Owners. Similarly, Infinite Outdoors is not and does not in any way hold itself out to be any express or implied: a real estate broker; realty agent or any sort of property manager, insurer, or Outfitter or guide services broker in any sense. Infinite Outdoors expressly and fully disclaims any such status or role. Infinite also is not acting as and will not undertake to act as an express or implied agent in any capacity on any basis for any Outfitter, Guest or Property Owner, except with respect to facilitating contact between them and processing the payment transaction between the Outfitter and Guest for purposes of this Agreement. You expressly acknowledge and agree to Infinite Outdoors’ explicitly limited role in these regards.

11. Outfitter’s Rights and Obligations. In performance of its obligations and responsibilities under this Agreement, the Outfitter agrees to the following:

a.        Trip Availability. Subject to any applicable cap imposed by Infinite Outdoors on the number of days in any week that a User may access a Property listed on the Site, which cap for hunting Trips will generally be three allowed hunting days in any calendar week, Outfitter will have complete control over management of the schedule and details of Outfitter’s “Add a Guide” services for a Guest’s Trip. Outfitter will be solely responsible for keeping its Guest and Trip information (including calendar availability) up-to-date at all times.

b. Reservation Modification and Cancellation. Upon receipt of an “Add a Guide” services reservation for a Guest Trip from Infinite Outdoors, a legally binding agreement is formed between you and your Guest, subject to any additional terms and conditions, including in particular the applicable cancellation policy and any rules and restrictions specified in the Trip. Subject to any cancellation policy and Trip availability, Guests may modify “Add a Guide” services for a Trip reservation. Guests can also cancel a confirmed Trip booking outright at any time pursuant to the Trip’s cancellation policy set by the Owner, and, in a legitimate cancellation circumstance, Infinite will refund the amount of the Outdoorsman Fee due to the Guest in accordance with such cancellation policy set forth in this Agreement. Unless extenuating circumstances exist as determined in Infinite Outdoors’ sole discretion, any portion of and Outdoorsman Fee attributable to reserved “Add a Guide” services due to the Outfitter pursuant to the applicable cancellation policy set forth in this Agreement, will be remitted to the Outfitter pursuant to Sections 5, 6 and 7 herein. Once “Add a Guide” services for a Trip are reserved by a Guest, you may not cancel such Reservation. If extenuating circumstances exist, including if it would be unsafe for the Guest to access the property as agreed or if the Guest is exhibiting unsafe behavior or you otherwise have reason to believe such Guest should not use the property subject to the Trip Reservation, you must contact Infinite Outdoors, and Infinite Outdoors, in its sole discretion, will either accommodate the Guest at a different Trip that Infinite Outdoors confirms with you can be rescheduled for your “Add a Guide” services or cancel the Guest Trip Reservation. For any such canceled Guest Trip Reservation, you will not be paid any portion of the Outdoorsman Fee. In addition, Infinite Outdoors may keep the calendar for the Trip unavailable or blocked for the dates of any canceled booking.

c. Trip Information. When making your Outfitter “Add a Guide” services available for marketing and reservation(s) on the Site, creating a Trip on the Site, you must communicate and cooperate with Infinite Outdoors to: (a) provide complete and accurate material information about your services; (b) fully disclose any special restrictions and requirements that apply to any “Add a Guide” Services you offer for any Owner Property(ies); and, (c) provide any other reasonably related information requested by Infinite Outdoors and related to your “Add a Guide” services for any the Trip(s) and for any Owner Property(ies). The Outfitter hereby grants Infinite Outdoors a license to use all intellectual property associated  with your “Add a Guide” services for any Trip(s) and/or any Owner Property(ies), including any name and trademarks associated with  the Property, for any purpose that is reasonably related to the Infinite Outdoors Services, any Trip(s), and any Owner Property(ies). This license is irrevocable while this Agreement is effective. Any terms and conditions included in your “Add a Guide” services, in particular in relation to cancellations, must not conflict with this Agreement or the relevant cancellation policy for your Trip.

d. Outfitter Equipment and Communication. Owner will maintain the Property consistent with good habitat management for recreational use, and Owner will reasonably clarify property boundaries through information provided by Owner in the Trip’s geofenced property listing and/or clearly posted signs at the Property and will maintain such signs as reasonably necessary to indicate property boundaries for Users.

e. Site Member Names and Passwords. You agree that you will not allow others to access or use your account on and to the Infinite Outdoors Site, and that you will not access or use the account of others, except as specifically provided in this Agreement. You authorize us to assume that any person using the Site by logging in to an account with your Site username and password is you or is authorized by you to access your Account and communicate with Users and Infinite Outdoors.

f. Results and Performance of Services. You acknowledge and agree that Infinite Outdoors has made no guarantees, representations or warranties to you with respect to the results or performance of the Site and/or the Infinite Services, including, but not limited to the quality or volume of internet traffic or business your Outfitter access to the Site and Infinite Services to market your “Add a Guide” services may ultimately generate. The placement and ranking of your “Add a Guide” services, Trips and/or Owner Properties in search results may vary and depend on a variety of factors, such as Guest search parameters and preferences, Outfitter service quality, Owner requirements, price, availability, Trip quality, cancellation history and/or Guest and/or Owner reviews and ratings.

g.        Insurance. Outfitter shall be solely responsible to secure, bind and maintain casualty and property insurance for its “Add a Guide” activities under this Agreement at all relevant times and in amounts required by all applicable local, State and/or Federal Outfitting and guiding licensing laws. Infinite Outdoors maintains standard commercial general liability insurance and management insurance but does not provide any insurance for Outfitters or their guides or other employees or agents. Infinite Outdoors recommends that Outfitters obtain appropriate commercial insurance for all of their activities their and to protect against Guest negligence and the uses contemplated by the Trip on the Site. Outfitters are expected to review their insurance policy(ies) carefully, and in particular to ensure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests while Outfitter is providing them “Add a Guide” services on any Trip using any Owner Property. Infinite Outdoors does not guarantee any insurance coverage, and any Infinite Outdoors procured insurance that may cover any risk contemplated by this Agreement, is and shall be necessarily secondary to any Outfitter insurance policy.

h.        Compliance with Laws. Outfitter hereby expressly represent and warrants that any “Add a Guide” services it markets or otherwise represents on the Site for any Guest or any Trip shall: (a) not breach any agreements Outfitter has entered into with any third parties; and, (b) fully comply at all times with all applicable outfitting, guiding, wildlife, taxidermy and other similar laws, tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As an Outfitter, you are solely responsible for your acts and omissions and the acts and omissions of your employees and agents and acts and omissions of any individuals who provide any “Add a Guide” services to any Guest for any Trip on any Property listed or booked through the Site or in any manner attributable to the Site.

Waivers and Consents. Outfitter shall ensure that no Guest may participate in any Trip unless they have first executed a liability release and assumption of risk waiver acceptable to Infinite Outdoors and provided express consent to Infinite Outdoors’ Terms of Service and Privacy Policy. Outfitter shall maintain and promptly provide copies of such documents as required under this Agreement.

12. Infinite’s Rights and Obligations. Infinite Outdoors will use commercially reasonable efforts to ensure the Site and Infinite Services are provided in a professional manner and are available for use by the Outfitter and Users.

13. Outfitter Representations and Warranties. Outfitter hereby expressly represents and warrants that:

a.        Outfitter is the lawful and fully licensed owner and operator of the business providing all “Add a Guide” services marketed by the Outfitter for any Guest Trip on the Infinite Outdoors Site. Outfitter has the full legal rights and ability to provide all such services at all relevant times with permission from Property Owner(s) for each Guest Trip provided through the Site.

b.        Outfitter has full power, authority and legal right to execute, deliver and perform this Agreement and to perform all of its obligations hereunder.

c.        Owner has obtained and will maintain all governmental consents, approvals, and  licenses necessary to permit Infinite Outdoors to perform its obligations under this  Agreement and for Owner to perform its obligations under this Agreement; and,

d.        The execution, delivery and performance of all or any portion of this Agreement do not and will not conflict with, result in a breach of, or constitute a default under, the charter or bylaws of Outfitter or any instrument, obligation, license or permit to which the Outfitter is a party or by which Outfitter is bound.

14. Post Termination.

Upon termination of this Agreement, Infinite Outdoors may:

a.        At its option and in its sole discretion, cancel any reservation and refund Guest’s Outdoorsman Fee(s) for any and all confirmed reservations that have been canceled, irrespective of preexisting cancellation policies, and Outfitter shall not be entitled to any compensation for pending or confirmed reservations that were canceled.

b.        Post Termination Reservations. Unless Infinite Outdoors exercises its option to cancel such reservation pursuant to section 15.a. supra, Outfitter agrees to honor any “Add a Guide” reservation pursuant to the Agreement notwithstanding any cancellation.

c.        Outstanding Payments to Infinite Outdoors. Upon the termination of this Agreement for any reason, all accrued and unpaid amounts owed to Infinite Outdoors will become due and payable. Infinite Outdoors may pay itself using the funds from any account that contains funds collected in connection with all relevant “Add a Guide” services reservations and/or services. If there are insufficient funds in these accounts, if any, to cover all amounts owed to Infinite Outdoors, the remaining balance shall be paid to Infinite Outdoors by Outfitter within five (5) days following the date of termination.

d.        Outstanding Payments to Owner. Upon the termination of this Agreement for any reason, all accrued and unpaid amounts owed to Outfitter shall be paid to Outfitter with the next regularly scheduled monthly payment.

16. DISCLAIMER OF WARRANTIES, ASSUMPTION OF RISK; LIMITATION OF LIABILITY

a.        DISCLAIMER OF WARRANTIES

USE OF INFINITE SERVICES IS AT THE SOLE RISK OF AND TO EVERY GUEST, OUTFITTER and OUTFITTER EMPLOYEE(s) and/or AGENTS. EACH OUTFITTER IS SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM OR ARISES OUT OF ANY TRIP AND TRIP RELATED      ACTIVITIES. THE INFINITE SERVICES ARE PROVIDED ONLY ON AN “AS IS” BASIS. WE AND OUR LICENSORS, PARTNERS AND AFFILIATES, IF ANY, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO  THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY PARTNER.  NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE OR THE INFINITE TRIPS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. INFINITE MAKES NO  WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR  COMPLETENESS OF OUR CONTENT OR THE CONTENT OF ANY SITES LINKED TO INFINITE SERVICES’ AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING  FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR INFINITE TRIPS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF  TRANSMISSION TO OR FROM OUR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN  HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR  SERVICES BY ANY THIRD PARTY; AND/OR, (f) ANY ERRORS OR OMISSIONS IN  ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A  RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR  OTHERWISE MADE AVAILABLE VIA THE SERVICES. INFINITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IMPORTANTLY YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING OF ANY DIGITAL CURRENCY OR WALLET CREATED ON OR USED IN CONJUNCTION WITH THE SERVICES. WE DO NOT STORE OR PROTECT YOUR PAYMENT INFORMATION OR ONLINE WALLETS AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOST OR THEFT OF YOUR PAYMENT INFORMATION FOR ANY REASON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

b.        ASSUMPTION OF RISK  

OUTFITTER UNDERSTAND THAT USING OR ALLOWING USE OF ANY TRIP PROPERTY, RECREATIONAL  ACTIVITIES, INCLUDING HUNTING AND FISHING, USING GUNS, BOWS, AND  OTHER WEAPONS, AND USING RENTAL EQUIPMENT AND ANY OTHER SIMILAR  ACTIVITIES ASSOCIATED WITH THE INFINITE SERVICES (“ACTIVITIES”) EXPOSES YOU TO MANY HAZARDS, INCLUDING AN UNAVOIDABLE RISK OF  DEATH, PERSONAL INJURY (INCLUDING BUT NOT LIMITED TO SEVERE SPINAL OR HEAD INJURY) AND LOSS OF OR DAMAGE TO PROPERTY, DESPITE OUR, YOUR, OR OTHERS’ IMPLEMENTATION OF ALL REASONABLE PRECAUTIONS. YOU UNDERSTAND THAT THE ACTIVITIES MAY RESULT IN HAZARDS POSED BY GUESTS, OWNERS, AND OTHERS WHO MAY BE AT OR NEAR ANY TRIP PROPERTY, AND PROPERTY, FIELD, TRAFFIC, ROAD, AND/OR TRAIL CONDITIONS. NOT ALL HAZARDS AND DANGERS CAN BE FORESEEN.

OUTFITTER UNDERSTANDS THERE ARE SIGNIFICANT RISKS OF INJURY ASSOCIATED WITH PARTICIPATION IN ANY ACTIVITIES, AND YOU MAY EXPERIENCE CERTAIN ADVERSE PHYSICAL CHANGES DURING OR FOLLOWING PARTICIPATION IN THE ACTIVITIES. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO: KNEE, BACK, OR FOOT INJURIES; MUSCLE STRAINS, PULLS OR TEARS; ABNORMAL BLOOD PRESSURE; FAINTING; HEART RHYTHM DISORDERS OR HEART ATTACK; STROKE; OR EVEN DEATH. YOU FURTHER UNDERSTAND THAT CERTAIN PRESCRIBED MEDICATIONS MAY EXACERBATE THOSE PHYSIOLOGICAL CHANGES AND CREATE AN EVEN GREATER RISK OF PHYSICAL INJURY OR DEATH.

OUTFITTER FURTHER UNDERSTANDS THAT OUTFITTER AND ITS EMPLOYEES SHOULD NOT AND CANNOT PARTICIPATE IN ANY OF THE ACTIVITIES IF YOU ARE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. OUTFITTER CERTIFIES THAT ITS PERSONNEL ARE: (a) PHYSICALLY SOUND; (b) HAVE MEDICAL APPROVAL TO PROCEED WITH THE ACTIVITIES; AND, (c) ARE NOT AWARE OF ANY PHYSICAL LIMITATIONS, MEDICAL CONDITIONS, OR OTHER CIRCUMSTANCES THAT WOULD BE AGGRAVATED OR INCREASE ANY OUTFITTER PERSONNEL RISK(S) OF ILLNESS OR INJURY AS A RESULT OF PARTICIPATING IN ANY TRIP WITH ANY GUEST(S).

WITH FULL ACKNOWLEDGEMENT OF ALL RISKS, OUTFITTER KNOWINGLY AND  VOLUNTARILY CHOOSES TO PARTICIPATE IN TRIP RELATED ADD A GUIDE ACTIVITIES AND EXPRESSLY  ASSUMES ALL RISKS AND DANGERS, INCLUDING RELATED TO PHYSICAL  EXERCISE, WEAPONS, WATER AND SIMILAR HAZARDS, AND ALL ACTIVITIES  ASSOCIATED WITH THE RENTAL EQUIPMENT, WHETHER OR NOT DESCRIBED  ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

c.        LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE  THE INFINITE SERVICES, INCLUDING DAMAGES FOR LOSS OF FEES PAID, LOSS OF DATA OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT  BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR  INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR  USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT  LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR  BACKUP, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE NETWORK OR SERVER, OR THE FAILURE OF ANY MESSAGE TO SENT OR TO BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM. FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF US TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID OUT BY INFINITE OUTDOORS TO THE OUTFITTER PURSUANT TO THIS AGREEMENT DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF EACH RELEVANT TRIP.

OUTFITTER FURTHER HEREBY KNOWINGLY AND VOLUNTARILY ACKNOWLEDGES     , UNDERSTANDS AND AGREES THAT THE TERMS OF THIS AGREEMENT, NOTIFICATION      AND WAIVER ARE INTENDED TO FULLY COMPLY WITH THE APPLICABLE PROVISIONS OF THE WYOMING RECREATIONAL SAFETY ACT (W.S. § 1-1-121 through -123 (LexisNexis 2024), as amended.

16. INDEMNIFICATION

a.        To the extent permitted by applicable law, Outfitter agrees to fully defend, indemnify and hold harmless Infinite Outdoors, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Outfitter’s: (a) use or  misuse of and access to the Infinite Services; (b) breach, non-compliance, or  violation of any terms of this Agreement or of the Infinite Outdoors Privacy Policy, which is adopted into this Agreement by this express reference; (c) violation of any third party right, including without limitation any copyright,  property, or privacy right; (d) any actual or potential claim that any Outfitter content caused  damage to a third party; (e) any act or omission of the Outfitter or anyone under Outfitter  direction or control; (f) violation or alleged violation of any law, regulation or right of  any third party; and/or, (g) any loss of data or fees of any kind, for any reason. This defense and indemnification obligation shall survive any termination of this Agreement to the fullest extent possible. In any event, Infinite Outdoors cannot, and is never obligated to, compensate Outfitter for harms Infinite Outdoors could not reasonably expect from making the Add a Guide Trip service(s) available.  If an Outfitter causes harm to Infinite Outdoors or violates these terms, such as by providing inaccurate information or posting infringing content, Infinite Outdoors may defend its interests and may require Outfitter you to pay the costs of the defense or any judgment against Infinite Outdoors, or we may require you to defend us against a third-party.

b.        Outfitter may not and shall not involve Infinite Outdoors or any other indemnified party in any dispute, including litigation, arising out of or related to any Guest, Trip, transaction, agreement, or arrangement you may have with any Guest, Owner, or other third party arising out of or in any way related to the Infinite Services. If Outfitter attempts to do so, Outfitter shall: (a) pay all costs and reasonable attorneys’ fees incurred in connection therewith by Infinite Outdoors, any of our affiliates, or any of their respective employees, and you shall fully defend, indemnify and hold harmless the indemnified parties from all losses incurred by any of them as a result; and, (b) the jurisdiction for any such dispute shall be limited to the jurisdiction set forth in section 20 of this Agreement.

17. NON-CIRCUMVENTION

Infinite Outdoors spends significant resources finding and engaging with Property Owners and Guests to help Outfitters have the ability to offer and provide “Add a Guide” Trip services through the Site. Outfitter understands and agree that an Outfitter entering into a direct relationship with any Guest or Property Owner regarding use of any Property or for all or any part of any Trip User discovered through the Site, on behalf of Outfitter or any other individual or entity, without using the Site, would prevent Infinite Outdoors from realizing the benefit of its investment in finding and engaging Property Owners and Guests for Trips and therefore significantly damage Infinite Outdoors. Accordingly, Outfitter agrees that, for a period of one year from the date that Outfitter last allows any of its “Add a Guide” service(s) to be listed on the Site, Outfitter shall not solicit or enter into any agreement, transaction, or arrangement with any Guest or Property Owner related to any Trip offered on the Site. Infinite Outdoors’s remedies under this Agreement.

18.  EQUITABLE RELIEF

By entering into this Agreement, Outfitter acknowledges that money damages may be very difficult to quantify and, therefore, an inadequate remedy if Outfitter or anyone under Outfitter’s direction or control breaches or threatens to breach any term or condition of this Agreement and that any such breach or repudiation may cause us significant and irreparable injury and damage. Accordingly, Outfitter acknowledges and agreed that Infinite Outdoors shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event without the necessity of posting any bond.

19. DISPUTE RESOLUTION

This Agreement will be governed by and construed in accordance with the substantive and procedural laws of the State of Wyoming. Any actionable Dispute arising out of or in connection with this Agreement shall be referred to and adjudicated using only mandatory binding arbitration with said arbitration proceedings to be held in Casper, Wyoming before a single arbitrator from the available arbitrators at any one of the Wyoming law firms of: Pence & MacMillan (Laramie-Sheridan), Yonkee & Toner (Sheridan) or, only if no qualified Wyoming attorney arbitrator is available from either of those law firms, then using the Denver, Colorado, JAMS arbitration service. Such arbitration shall be conducted only using streamlined arbitration rules and limited discovery procedures and only applying the final offer arbitration (“baseball-style”) method of arbitration. The prevailing party in any such dispute determined using such mandatory binding arbitration shall be entitled to attorney’s fees and costs.

20. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of this agreement. Any failure to act on our part with respect to a breach of this Agreement does not waive our right to act with respect to a continuing, subsequent, or similar breach.

21. ASSIGNMENT

You shall not assign or attempt to transfer your rights, in whole or in part, under this Agreement. Any attempt to the contrary shall be void and of no effect. We may transfer our rights under this Agreement in the event of a business consolidation, sale, or transfer. This Agreement shall inure to the benefit of and be binding upon your and our respective successors and assigns.

22. ENTIRE AGREEMENT

These Terms, along with our Privacy Policy, Owner Agreements and each applicable Trip Agreement,  constitute the complete and exclusive understanding and agreement between you as an Outfitter offering to provide “Add a Guide” services and us relating to the subject matter hereof and supersedes all prior  understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

23. NOTICES

Any notice required or given to you under this Agreement may be delivered by electronic mail to the email address you provide during registration with Infinite Outdoors to offer to provide “Add a Guide” services for Guest Trips. Notices may also be delivered by postal mail to the mailing address you provide for this Agreement and/or as listed on your Account.

I’ve reviewed the April 2024 version of the Add-a-Guide Agreement you uploaded. It is more developed than the 2023 draft and already contains detailed sections on scope, marketing, outfitter rights/obligations, cancellations, indemnification, etc.. Based on your earlier requests, here’s what I recommend for edits and additions in this current version:

Addendum Exhibit for Booking flow

Alternative Booking Flow – Outfitter Managed Group Reservations

(a) Reservation Process. Outfitter may use its dashboard to reserve Trips by selecting Guide, Property, Date, and Guest Number (subject to property limits). Outfitter shall then designate whether (i) Outfitter pays for all Guests, or (ii) Guests pay separately.

(b) Guest Payments. If Outfitter pays for all Guests, Outfitter shall pay the total Outdoorsman Fees at booking. If Guests pay separately, Outfitter must provide Guest emails, and Infinite Outdoors will send invoices directly to Guests. The non-refundable Reservation Fee must always be paid by Outfitter at the time of booking and may not be transferred to Guests.

(c) Guiding Fees. Infinite Outdoors will not process or collect any guiding/outfitter fees in this Alternative Booking Flow. Outfitter is solely responsible for collecting guiding compensation through its own system.

(d) Membership Requirement. Guests booked under this Alternative Flow are not required to register as Infinite Outdoors members; however, Outfitter must:

• provide each Guest with Infinite Outdoors’ Terms of Service and Privacy Policy,
  
• obtain Guest consent to those terms, and
  
• obtain signed Guest liability releases and assumption of risk waivers.
  

(e) Waivers and Consents. No Trip shall be valid unless required waivers and consents are obtained. Outfitter must upload these documents into Infinite Outdoors’ portal when available and promptly provide them to Infinite Outdoors upon request.

(f) Recordkeeping. Outfitter shall maintain waivers and consents for a period exceeding the longest applicable statute of limitation and shall make such records available to Infinite Outdoors upon demand.

(g) Other Terms Apply. Except as modified in this section, all other provisions of this Agreement remain in effect and apply equally to the Alternative Booking Flow.

support@infiniteoutdoorsusa.com

2435 King Blvd.

Casper, Wy 82604

Outfitter Site Application Form Basic Contents for coding:

1.        Outfitter name, current address, phone and cell phone, email(s), website.

2.        Outfitter State/Federal License numbers and Permits – verify they are active and in good-        standing.

3.        Accurate disclosure of any license infractions/convictions in past ten years.

4.        Outfitter insurance or proof of insurance by company, basic coverages, dec sheet         information.

5.        Basic description of Trip(s) and Property(ies) that Outfitter plans to offer guiding on.