Common use of FEES AND CONDITIONS Clause in Contracts

FEES AND CONDITIONS. In consideration of APGS providing the services as set forth herein (including attachments), the Client agrees to pay APGS the sum of Plus a kill fee of $700 each for a second or third bear. All payments are to be made in U.S. funds. An initial 10 % deposit and a signed contract along with the signed Liability and Medical Forms is due at the time of booking if the trip is for the following year. $ . The balance ( 40%) of the deposit in the amount of $ shall be paid before January 1, 201 of the hunting year in the form of cash, good check, certified funds or money order or the contract will be null and void and in no way binding on APGS unless accepted by APGS at its sole discretion. Total deposit will equal 50% of total ▇▇▇▇ price. A 50% initial deposit is due in the amount of $ if the ▇▇▇▇ is for the current calendar year. Openings for a specific trip or for specific days are accepted on a first come, first serve basis only. Acceptance is based on receipt of deposit and completed contract. If full when received, APGS may return deposit and cancel contract without penalty. The balance of (50%) $ shall be paid 60 days prior to arrival with a bank check, money order or good personal check. The balance may also be paid upon arrival in camp with cash, USPS money orders, or travelers checks. No personal checks will be accepted in the field. In no case will the Client be allowed to participate in, or be provided with any services until APGS has received payment in full with funds as stated above. Kill fees are due the day of the kill payable in cash. Potential kill fees can be paid in advance with the ▇▇▇▇ balance as stated above. APGS will refund any unused kill fees immediately at the conclusion of the ▇▇▇▇ but in no case later than 2 weeks of client’s departure from camp. APGS has placed its main base camps in strategic locations known to hold huntable populations of the species contracted. Typically the flights to and from camp is included in the ▇▇▇▇ price. Typically, there are no other flights. However, if client elects to not fly on the contracted dates or out of rotation sequence, or requests to leave early; client agrees to pay actual flight costs estimated to be $400/trip. SAFETY IS ALWAYS OF FIRST PRIORITY. Client must pay for all extra services not covered under the Trip fees such as Satellite phone use time fees, extra flying time costs, meat or trophy shipment, handling or packaging fees not covered by APGS before leaving Camp or Point of Departure as would be reasonable. In any event; Client agrees to pay fees within 15 days of being notified of payment due. For shipment of any items at the Clients request and delivered to requested shipper by APGS personnel in acceptable condition; APGS shall not be liable for shippers' negligence, non-performance, abuse or damage. APGS will strive to minimize extra costs and to inform Client of amount of potential costs where reasonable and practical; however this does not eliminate nor reduce Client's responsibility. All monies deposited shall be held by APGS for and on behalf of the Client and applied against the total fee. In the event the Client terminates this agreement, or fails to make payment, the deposit may be retained by APGS as its sole and exclusive remedy hereunder as liquidated damages but not as a penalty inasmuch as the parties mutually agree that APGS damages may be difficult to ascertain. In the alternative, if Client does not pay all fees when required, APGS may treat this contract as being in full force and effect and maintain an action for damages against Client for all costs expended by APGS in preparation for said trip. In such event, Client agrees that s/he will be responsible for all costs and damages proven by APGS, including attorney fees. However, APGS may, at its discretion, allow the Client to apply forfeited deposit towards a trip at a later date, said date to be mutually agreed upon by APGS and Client. In the event that after the trip starts, the Client should desire to terminate the ▇▇▇▇ early, APGS will, consistent with the rights and convenience of the remaining hunters and APGS, endeavor to transport the Client out of the ▇▇▇▇ area. Any costs incurred for any unscheduled departures are the sole responsibility of the Client. Client acknowledges and understands that in such event, the decision as to when the Client will be transported out of the field, will be at the sole discretion of APGS, and under such circumstances, the Client shall not be entitled to a refund of any portion of the fee. In the event the Client defaults in the performance of any of his/her obligations, from and after the date of arrival, either at the base camp or at such place of pickup of the Client by APGS, to include health and safety rules, violations of laws, regulations, or rules set forth by APGS, Client’s right to participate further in the trip may be forthwith terminated at the sole option of APGS, and the Client returned to any such place as is the responsibility of APGS. Any costs incurred by APGS for terminating said ▇▇▇▇ will be the sole responsibility of the Client. Under such circumstances, the Client shall not be entitled to a refund of any portion of the fee. In the event APGS materially defaults in the performance of its obligations hereunder due to circumstances other than weather, an act of God or governmental action beyond its control, the Client shall be entitled only to a return of the pro rata portion of this fee for the percentage of the trip not completed. In the event APGS is unable to perform all or any portion of its obligations hereunder, for reasons beyond APGS control due to weather, an act of God or governmental action, the Client, as provided above, shall not be entitled to any portion of his fee refunded.

Appears in 1 contract

Sources: Hunting Trip Agreement

FEES AND CONDITIONS. In consideration of APGS providing the services as set forth herein (including attachments), the Client agrees to pay APGS the sum of $ Plus a kill fee of $700 each for a second or third bearfees listed below. All payments are to be made in U.S. funds. An initial 10 % deposit and a signed contract along with the signed Liability and Medical Forms is due at the time of booking if the trip is for the following year. $ . The balance ( 40%) of the deposit in the amount of $ shall be paid before January 1, 201 of the hunting year in the form of cash, good check, certified funds or money order or the contract will be null and void and in no way binding on APGS unless accepted by APGS at its sole discretion. Total deposit will equal 50% of total ▇▇▇▇ price. A 50% initial deposit is due in the amount of $ if the ▇▇▇▇ is for the current calendar year. Openings for a specific trip or for specific days are accepted on a first come, first serve basis only. Acceptance is based on receipt of deposit and completed contract. If full when received, APGS may return deposit and cancel contract without penalty. The balance of (50%) $ shall be paid 60 days prior to arrival with a bank check, money order or good personal check. The balance may also be paid upon arrival in camp with cash, USPS money orders, or travelers checks. No personal checks will be accepted in the field. In no case will the Client be allowed to participate in, or be provided with any services until APGS has received payment in full with funds as stated above. Kill fees are due the day of the kill payable in cashkill. Potential kill fees can be paid in advance with the ▇▇▇▇ balance as stated above. APGS will refund any unused kill fees immediately at the conclusion of the ▇▇▇▇ but in no case later than 2 weeks of client’s departure from camp. APGS has placed its main base camps in strategic locations known to hold huntable populations of the species contracted. Typically the flights to and from camp is included in the ▇▇▇▇ price. Typically, there are no other flights. However, if client elects to not fly on the contracted dates or out of rotation sequence, or requests to leave early; client agrees to pay actual flight costs estimated to be $400/trip. SAFETY IS ALWAYS OF FIRST PRIORITY. Client must pay for all extra services not covered under the Trip fees such as Satellite phone use time fees, extra flying time costs, meat or trophy shipment, handling or packaging fees not covered by APGS before leaving Camp or Point of Departure as would be reasonable. In any event; Client agrees to pay fees within 15 days of being notified of payment due. For shipment of any items at the Clients request and delivered to requested shipper by APGS personnel in acceptable condition; APGS shall not be liable for shippers' negligence, non-performance, abuse or damage. APGS will strive to minimize extra costs and to inform Client of amount of potential costs where reasonable and practical; however this does not eliminate nor reduce Client's responsibility. All monies deposited shall be held by APGS for and on behalf of the Client and applied against the total fee. In the event the Client terminates this agreement, or fails to make payment, the deposit may be retained by APGS as its sole and exclusive remedy hereunder as liquidated damages but not as a penalty inasmuch as the parties mutually agree that APGS damages may be difficult to ascertain. In the alternative, if Client does not pay all fees when required, APGS may treat this contract as being in full force and effect and maintain an action for damages against Client for all costs expended by APGS in preparation for said trip. In such event, Client agrees that s/he will be responsible for all costs and damages proven by APGS, including attorney fees. However, APGS may, at its discretion, allow the Client to apply forfeited deposit towards a trip at a later date, said date to be mutually agreed upon by APGS and Client. In the event that after the trip starts, the Client should desire to terminate the ▇▇▇▇ early, APGS will, consistent with the rights and convenience of the remaining hunters and APGS, endeavor to transport the Client out of the ▇▇▇▇ area. Any costs incurred for any unscheduled departures are the sole responsibility of the Client. Client acknowledges and understands that in such event, the decision as to when the Client will be transported out of the field, will be at the sole discretion of APGS, and under such circumstances, the Client shall not be entitled to a refund of any portion of the fee. In the event the Client defaults in the performance of any of his/her obligations, from and after the date of arrival, either at the base camp or at such place of pickup of the Client by APGS, to include health and safety rules, violations of laws, regulations, or rules set forth by APGS, Client’s right to participate further in the trip may be forthwith terminated at the sole option of APGS, and the Client returned to any such place as is the responsibility of APGS. Any costs incurred by APGS for terminating said ▇▇▇▇ will be the sole responsibility of the Client. Under such circumstances, the Client shall not be entitled to a refund of any portion of the fee. In the event APGS materially defaults in the performance of its obligations hereunder due to circumstances other than weather, an act of God or governmental action beyond its control, the Client shall be entitled only to a return of the pro rata portion of this fee for the percentage of the trip not completed. In the event APGS is unable to perform all or any portion of its obligations hereunder, for reasons beyond APGS control due to weather, an act of God or governmental action, the Client, as provided above, shall not be entitled to any portion of his fee refunded.

Appears in 1 contract

Sources: Hunting Trip Agreement