Infinite Outdoors Recreational Property Trip 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, because this Recreational Property Trip Agreement (the “Agreement”), INCLUDING SPECIFICALLY, BUT NOT LIMITED TO: A. YOUR ASSUMPTION OF ALL RISKS AND LIMITATIONS OF LIABILITIY AS DESCRIBED FURTHER IN SECTIONS 13 AND 14 OF THIS AGREEMENT; B. THE INDEMNIFICATION PROVISIONS SET OUT IN SECTION 15 OF THIS AGREEMENT; C. YOUR AGREEMENT NOT TO CIRCUMVENT THE SITE AS DESCRIBED IN SECTION 16 OF THIS AGREEMENT; AND, YOUR AGREEMENT TO ARBITRATE AS DESCRIBED IN SECTION 18 OF THIS AGREEMENT, along with the Terms of Service (“Terms”), and the Privacy Policy (“Policy”) and any other guideline, guest rules, or agreement found on our Site, which are incorporated herein by reference (collectively referred to as “Entire Agreement”), describe the full legally binding agreement between you (referred to hereinafter as, “Owner” “you” or “your”) and us. The Owner 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 and Owners can be found in our Privacy Policy. You acknowledge and agree that your access and use of Infinite Services (as defined herein), and acceptance of the terms herein, are subject to our Terms, Privacy Policy, and any additional guidelines, licenses, Member rules or agreements found on our Site.

By accessing the Infinite Services and Site, you agree to comply with this Agreement, and agree that your use of the Infinite Services and Site, 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 future reservations 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 the 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 Trips (as defined herein), and those additional terms shall become part of your agreement with us if you use those Infinite Services and/or Trips.

1. Scope of Infinite’s Services

The Site and services are designed to connect recreational property Owners with recreational property users in an effort to increase access to recreational land, and expand the Owners’ opportunities to earn revenue from their properties. Our Site enables Visitors to browse various recreational land locations, sites, rentals and/or services made available for use through Owners (“Trips”), and to become an Infinite Member, allowing them to create an Account and make Trip reservations (“Reservation(s)”). We may also provide marketing and business process services to Owners through the Site (“Support”) as further described in this Agreement.

Owner is the owner or authorized manager of certain recreational properties (each a “Property”), and Owner wants to list those Properties on the Site. Subject to the terms of this Agreement, we agree to grant you access to a landowner member profile (“Owner Profile”) that will allow you to make recreational properties you own and/or manage available to Users of the Site to license for recreational access (each property you own or manage that is added to the Site is added as a “Trip”). We will also provide marketing and business process services to you through the Site (“Support”) as further described in this Agreement. The Site, Owner Profile, Account, Trip, and Support are collectively referred to as the “Infinite Services.”

The Infinite Services may include allowing Owner to list certain Properties as access only properties that are available solely for Members to use as ingress or egress to other listed Propert(ies) and/or adjacent public land and for no other recreational purpose (“Access Granted Propert(ies)”). Such “Access Granted Trips” are made possible by fundraising efforts with key industry partners and by paid memberships, and such Access Granted Properties and Access Granted Trips are subject to certain Access Granted terms and conditions described herein.

2. Infinite’s Support

Infinite will support Owners in generating revenue by facilitating the relationship between Owners and responsible recreational Users. Infinite’s support includes the following (collectively “Support”):

2.1. Marketing. Infinite will make suggestions as to how best to market the Property, as deemed appropriate by Infinite and as accepted by the Owner, to promote the Trips. To promote the Site and to increase the exposure of Trips to potential Users, Trips and other Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

2.2. Customer Relationship Management. Infinite will take actions it deems reasonably appropriate to manage Member relations, including communicating with Members, managing Member check-in and check-out at the Property, and communicating with the Members as to their experience with the Owner and Property.

2.3. Payment Processing. Infinite will, through its third-party payment processing platforms, process Fees for access to each Property and will remit the Owner Fee to Owner as provided in Section 6 of this Agreement.

2.4. Dispute Resolution. Infinite may, in its sole discretion, help facilitate dispute resolution between Owners and Members. Any disputes over Member Fees or any Member compliance with the Terms of Service will be decided by Infinite in its sole but reasonable discretion. While Infinite employs certain processes to help ensure Members are responsible and capable, Infinite has no control over and does not guarantee: (a) the experience, capability, legality, or similar qualifications of any Members or their guests; (b) the truth or accuracy of any User descriptions, reviews, rating, and other Content (as defined herein); or, (c) the performance or conduct of any Member or third party. Please reference the Terms of Service for more information on Member rights and responsibilities while using any Property.

3. Infinite’s Role and Your Agreement with Members

Owners alone are responsible for their Trip(s). When a Member books a Trip, they are entering into a contract directly with the Owner. Infinite 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 Members and Owners. Similarly, Infinite is not and does not in any way hold itself out to be: a real estate broker; realty agent of any sort of property manager; insurer; outfitter; or guide in any sense. Infinite 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 Owner or Member, except with respect to facilitating contact between them and processing the payment transaction between the Owner and Member. You expressly acknowledge and agree to Infinite’s explicitly limited role in these regards.

4. Term

The initial term of this Agreement (the “Initial Term”) shall be twelve (12) months from the Effective Date unless earlier terminated pursuant to this Agreement. This Agreement will renew automatically for an additional consecutive one (1) year terms, from year to year (each such year-to year renewal term a “Renewal Term”, and together with the Initial Term, the “Term”).

5. Fees for the Infinite Services

Except for Access Granted Trips, Members will pay to reserve the Trip (each a “Reservation Fee”) and for any Member access to the Property described in the Trip (each an “Outdoorsman Fee”). Collectively the Reservation Fee and the Outdoorsman Fee are the “Member Fees.” The Member Fees for any Trip will be based on certain factors, including the type of property, the size of property, the property features and access, and other considerations regarding the quality of the Member experience likely at the Property, and the Member Fees will be decided by Infinite in its sole discretion. Fees paid to Owners for Access Granted Trips are as described in the written offer to the Owner with respect to such Access Granted Properties.

Once a Member reserves your Trip through the Site, you may not request that the Member pays a higher price than as advertised in the Trip. When a Member reserves your Trip through the Site, you are entering into a legally binding agreement with the Member, and upon Member’s payment of the Member Fees to Infinite Outdoors, or upon Infinite’s payment of the fees due to Owner for any Access Granted Property, as the case may be, you are required to provide recreational property access to the Member as described in your Listing for the Trip, this Agreement, and the Terms.

6. Owner Fee and Payment Terms

Infinite earns and retains one hundred percent (100.00%) of all Subscription Fees and the Reservation Fee. For the Infinite Services, you agree to pay Infinite the applicable fees as described by Infinite at the time of Reservation (“Owner Fee”), which Owner Fee will for hunting access properties generally be twenty-five percent (25.00%) of the Outdoorsman Fee(s) earned and received from any User, or in the case of a waterfowl property where Infinite provides additional services (blinds, deicer etc.), thirty-five percent (35.00%) of the Outdoorsman Fee(s), and for fishing only properties, the Owner Fee will generally be twenty-Five percent (25.00%) of the Outdoorsman Fee(s). You also agree to pay any applicable taxes. Infinite will deduct the Owner Fee from the Outdoorsman Fee(s), and the remaining amount of the Outdoorsman Fee(s), less any applicable taxes, cancellation fees, or similar fees owed to Infinite, will be deposited into your account via ACH or sent to you via check each month during the Term. Fees for Access Granted Properties will be paid as described in the written offer to the Owner with respect to such Access Granted Properties. Owner expressly, knowingly and voluntarily waives all rights to contest the amount of any fees paid to Owner by Infinite unless Owner gives Infinite notice of any issue within thirty (30) days of the fee being paid to Owner. Owner Fees are non-refundable.

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

7.1. Trip Availability. Subject to any applicable cap imposed by Infinite on the number of days in any week that a Member may access a property listed on the Site, which cap for hunting Trips will generally be three allowed hunting days in any calendar week, Owner will have complete control over when a Trip will allow users to book the Property. Owner will be responsible for keeping its Listing (including calendar availability) up-to-date at all times.

7.2. Reservation Modification and Cancellation. Upon receipt of a Reservation confirmation from Infinite, a legally binding agreement is formed between you and your Member, 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, Members may modify a Trip reservation. Members can cancel a confirmed booking at any time pursuant to the Trip’s cancellation policy set by the Owner, and Infinite will refund the amount of the Outdoorsman Fee due to the Member in accordance with such cancellation policy. Unless extenuating circumstances exist as determined in Infinite’s sole discretion, any portion of the Outdoorsman Fee due to the Owner under the applicable cancellation policy will be remitted to the Owner pursuant to Section 6 herein. Once a Trip is reserved by a Member, you may not cancel such Reservation. If extenuating circumstances exist, including if it would be unsafe for the Member to access the Property as agreed or if the Member is exhibiting unsafe behavior or you otherwise have reason to believe such Member should not use the Property subject to the Reservation, you must contact Infinite, and Infinite, in its sole discretion, will either accommodate the Member at a different Trip or cancel the Reservation. For any such canceled Reservation, you will not be paid any portion of the Outdoorsman Fee. You also agree we may publish a review on the Listing indicating that a booking was canceled by any Owner. In addition, Infinite may keep the calendar for the Listing unavailable or blocked for the dates of any canceled Trip.

Fees for Access Granted Properties are prepaid to Owner in accordance with the terms of the written offer from Infinite with respect to such Access Granted Properties. Once the applicable Fees are paid to Owner for any Access Granted Property, Owner agrees to make such Access Granted Property available for the minimum period described in the written offer to Owner regarding such Access Granted Property. If Owner terminates this Agreement with respect to any such Access Granted Property prior to the end of the period for which Fees have been prepaid to Owner, or if Owner fails to meet the minimum availability period described in the written offer, Owner must refund all applicable Fees paid to Owner for such Access Granted Property within five (5) business days of any request from Infinite.

7.3. Property Information. When creating a Listing on the Site, you must: (a) provide complete and accurate information about your Propert(ies); (b) fully disclose any special restrictions and requirements that apply to the Property that are not already disclosed clearly in the Terms of Service; and, (c) provide any other reasonably related information requested by Infinite and related to the Trip. The Owner grants Infinite a license to use all intellectual property associated with the Property and Trip, including any name and trademarks associated with the Property, for any purpose that is reasonably related to the Infinite Services, any Trip, and any Property. This license is irrevocable while this Agreement is effective, and Infinite will only be required to use good faith efforts to remove any such intellectual property following Termination. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with this Agreement or the relevant cancellation policy for your Listing.

7.4. Property Access. For the period of the Reservation, the Owner must make available to the Member the Property as described in the Listing and provide access to all areas and all amenities described in the Listing.

7.5. Owner Required Maintenance. 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 and/or clearly posted signs at the Property and will maintain such signs as reasonably necessary to indicate property boundaries for Users. Infinite may, in its sole discretion, provide consultation on habitat management, if requested, and all Properties will have geofenced boundaries displayed on our Site, but these courtesy services do not replace proper signage and boundaries nor Owner’s attention to management practices.

7.6. Site Member Names and Passwords. You agree that you will not allow others to access or use your Account or Owner Profile, and that you will not access or use the Account or Owner Profile 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 username and password is you or is authorized by you to access your Account and Owner Profile and communicate with Users, Members, and Infinite.

7.7. Owner’s Use of the Property while Users are Present. During any Reservation period, Owners may use and access the property for maintenance, farming, ranching, and similar work, but Owners will not use the Property for any recreational purpose (hunting or fishing) when any Member is on the Property.

7.8. Results and Performance of Services. You acknowledge and agree that we have 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 access to the Site and Infinite Services will generate. The placement and ranking of Listings in search results may vary and depend on a variety of factors, such as Member search parameters and preferences, Owner requirements, price, availability, Trip quality, Owner customer service and cancellation history, and Owner reviews and ratings.

7.9. Insurance. Infinite Outdoors maintains standard commercial general liability insurance and management insurance but does not provide primary insurance for Owners. Infinite Outdoors recommends that Owners obtain appropriate insurance for their Property and to protect against Member negligence and the uses contemplated herein. Owners are expected to review their insurance policy 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 Members while using the 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 secondary to any Owner’s insurance policy.

7.10. Compliance with Laws. You represent and warrant that any Trip you post and the booking of, or a Member’s use of, any Property will: (a) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements; and, (b) comply with all applicable laws (such as zoning laws), tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As an Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Property at your request or invitation, excluding the Member and any individuals the Member invites to the Property as a guest of such Member. Owner will comply with and abide by any rule, order, determination, ordinance, statute, regulation, or law of any federal, state, municipal or governmental authority with jurisdiction or authority over the Property.

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

8.1. Infinite’s Efforts. Infinite 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 Owner and Members.

8.2. Infinite Outdoors Signage. Infinite may post reasonable signage, or send signage to be posted by Owner, on any Property described for any Trip on the Site to indicate the property is an Infinite listed Property.

8.3. Habitat Improvement. Subject to written approval by the Owner, Infinite may, but is not obligated to, take steps to improve the habitat at any Property.

9. Representations and Warranties. Owner hereby expressly represents and warrants that:

9.1. Owner is the lawful owner of the Property or Owner has the rights to use the Property as contemplated by the Agreement and with permission from the lawful owner;

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

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

9.4. 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 Owner or any instrument to which the Owner is a party or by which it or any of its Property is bound.

10. Termination. This Agreement may be terminated by either party at any time upon prior signed written notice to the other party. Sections 3, 5, 6, 7, 9, 11, 12, 13, 14, 15, 17 and 18 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.

11. Post Termination.

11.1. Infinite Outdoors’ Rights. Upon termination of this Agreement, Infinite may:

11.1.1. Enter on the Property, without liability for any trespass or other civil tort, for purposes of collecting any property owned by the Infinite.

11.1.2. At its option, cancel any reservation and refund Users’ Outdoorsman Fee(s) for any and all confirmed reservations that have been canceled, irrespective of preexisting cancellation policies, and Owner will not be entitled to any compensation for pending or confirmed reservations that were canceled.

11.2. Post Termination Reservations. Unless Infinite Outdoors exercises its option to cancel such reservation pursuant to section 11.1.2 herein, Owner agrees to honor any reservation pursuant to the Agreement notwithstanding any cancellation.

11.3. Outstanding Payments to Infinite Outdoors. Upon the termination of this Agreement for any reason, all accrued and unpaid amounts owed to Infinite will become due and payable. Infinite may pay itself using the funds from any account that contains funds collected in connection with the Property. If there are insufficient funds in these accounts, if any, to cover all amounts owed to Infinite, the remaining balance will be paid to Infinite Outdoors by Owner within five (5) business days following the date of termination.

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

12. DISCLAIMER OF WARRANTIES, ASSUMPTION OF RISK; LIMITATION OF LIABILITY 12.1 DISCLAIMER OF WARRANTIES

USE OF INFINITE SERVICES IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. 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.

13. ASSUMPTION OF RISK

YOU 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 MEMBERS, 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.

YOU UNDERSTAND 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.

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

WITH FULL ACKNOWLEDGEMENT OF ALL RISKS, YOU KNOWINGLY AND VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES AND EXPRESSLY ASSUME 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.

14. 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 BY YOU THROUGH THE INFINITE SERVICES DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR TRIP.

YOU FURTHER HEREBY KNOWINGLY AND VOLUNTARILY ACKNOLWEDGE UNDERSTAND AND AGREE THAT THE TERMS OF THIS AGREEMENT, NOTIFICATON AND WAIVER ARE INTENDED TO FULLY COMPLY WITH THE APPLICABLE PROVISIONS OF THE WYOMING RECREATIONAL SAFETY ACT (W.S. § 1-1-121 through -123, as amended).

15. INDEMNIFICATION

15.1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Infinite, 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: (a) your use or misuse of and access to the Infinite Services; (b) your breach, non-compliance, or violation of any terms of these terms of service or our privacy policy or any applicable rules or policies, by you or anyone under your direction and control; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; (d) any actual or potential claim that your content caused damage to a third party; (e) any act or omission of yours or anyone under your direction or control; (f) your violation or alleged violation of any law or right of any third party; and/or (vii) any loss of data or fees of any kind, for any reason. This defense and indemnification obligation will survive these terms of service and your use of the Infinite Services. In any event, we cannot compensate you for harms we could not reasonably expect from providing the Infinite Services to you. If you cause harm to us or violate these terms, such as by providing inaccurate information or posting infringing content, we may defend ourselves and require you to pay the costs of the defense or any judgment against it, or we may require you to defend us against a third-party.

15.2. Owners may not involve us or any other indemnified party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any User, other Owner, or other third party arising out of or in any way related to the Infinite Services. If you attempt to do so you shall: (a) pay all costs and reasonable attorneys’ fees incurred in connection therewith by us, 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 17 of this Agreement.

16. NON-CIRCUMVENTION

Infinite Outdoors spends significant resources finding and engaging with Users to help Owners procure paying Members for their Trip(s). You understand and agree that your entering into a direct relationship (license) with any User regarding use of any property such User discovered through the Site, on behalf of yourself 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 such Users and therefore significantly damage Infinite Outdoors. Accordingly, You agree that, for a period of one year from the date the Member last used your property listed on the Site, you will not enter into any agreement, transaction, or arrangement with such Member(s) related to any use of such property or properties for recreational activities of any type. You further agree that the damages arising out of your breach of this section 16 would be difficult to quantify, and so you agree to pay as liquidated damages, and not a penalty, the lesser of $5,000.00 US or the Outdoorsman Fee(s) actually collected for such Trip in the trailing 12 month period, if such property has been listed for a full twelve (12) month period, for any such breach of this section 16.

17. EQUITABLE RELIEF

By using the Infinite Services, you acknowledge that money damages may be very difficult to quantify and, therefore, an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Terms, of this Agreement, then any such breach may cause us significant and irreparable injury and damage. Accordingly, you acknowledge that we 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 a bond.

18. 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.

19. SEVERABILITY

If any provision of these Terms 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 the Terms. Any failure to act on our part with respect to a breach of these Terms does not waive our right to act with respect to a continuing, subsequent, or similar breach.

20. ASSIGNMENT

You shall not assign or attempt to transfer your rights under the Terms, and 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. The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.

21. ENTIRE AGREEMENT

These Terms, along with our Privacy Policy, Member Rules, and any applicable Trip Agreement, constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof, and, except for any separate written agreement Infinite may have with any owner of a property who also wishes to use the Infinite Services subject to this Agreement, in which case such separate agreement regarding such property remains in force notwithstanding these terms or the terms of any Trip Agreement, supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

22. NOTICES

Any notice required or given to you under the Terms may be delivered by electronic mail to the email address you provide during registration on the Services or Site, or listed on your Account. Notices may also be delivered by postal mail to the mailing address you provide during registration for the Services or Site, or listed on your Account.

23. GUIDE SERVICES

Owner acknowledges and consents that Infinite Outdoors may permit licensed Outfitters to provide guiding services to Guests on the Property under Infinite’s Add-a-Guide Program, subject to the terms of the Outfitter Agreement. Owner agrees that all such guiding activity shall be deemed authorized under this Agreement. Notices may also be delivered by postal mail to the mailing address you provide during registration for the Services or Site, or listed on your Account.

support@infiniteoutdoorsusa.com

2435 King Blvd.

Casper, Wy 82604