Common use of FEES AND CONDITIONS Clause in Contracts

FEES AND CONDITIONS. In consideration of RPO providing the services as set forth herein (including attachments), the Client agrees to pay RPO the sum of . The contract will be null and void and in no way binding on RPO unless accepted by RPO at its sole discretion. Total deposit will equal 50% of total ▇▇▇▇ price. Reservations for a specific ▇▇▇▇ or for specific days are accepted on a first come, first serve basis only, based on receipt of deposit and completed service contract. If full when received, RPO may return Client’s deposit and cancel this contract without penalty. The ▇▇▇▇ balance of $ shall be paid 30 days prior to arrival with a bank check, money order or good personal check. (Prior payment by check is required due to bank check fraud and the difficulty of verifying a check’s validity from camp.) The balance may also be paid upon arrival in camp with cash only. In no case will the Client be allowed to participate in, nor be provided with any services by RPO until RPO has received payment in full with funds as stated above. The cost of the ▇▇▇▇ excludes fees for hunting licenses and tags, gratuities to guides, meat butchering, taxidermy, shipping of meat and trophies, alcoholic beverages and all travel, accommodations and meals prior to the first day of the ▇▇▇▇. RPO makes no recommendations and has no expectations regarding guide gratuities. Guests that may not be familiar with customary etiquette for tipping a ▇▇▇▇ guide are urged to consult the following websites: ▇▇▇▇▇://▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇. com/tips-guide; ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/elk-network/proper-etiquette-tipping-elk-guide. RPO places its base camps in strategic locations known to hold huntable populations contracted for. SAFETY IS ALWAYS OUR FIRST PRIORITY. Client must pay for all extra services not covered under the ▇▇▇▇ fees such as meat or trophy shipment, handling or packaging fees not covered by RPO before leaving Camp or Point of Departure as would be reasonable. For shipment of any items at the Clients request and delivered to a requested shipper by RPO personnel in acceptable condition; RPO shall not be liable for shipper’s negligence, non-performance, abuse or damage. RPO 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 RPO 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 final payment, the deposit may be retained by RPO as its sole and exclusive remedy as liquidated damages, but not as a penalty inasmuch as the parties mutually agree that RPO damages may be difficult to ascertain. In the alternative, if Client does not pay all fees when required, RPO may treat this contract as being in full force and effect and maintain an action for damages against Client for all costs expended by RPO in preparation for said trip. In such event, Client agrees that she/he will be responsible for all costs and damages proven by RPO, including attorney fees. However, RPO may, at its discretion, allow the Client to apply a forfeited deposit towards a trip at a later date, said date to be mutually agreed upon by RPO and Client. In the event that after the ▇▇▇▇ starts, the Client should desire to terminate the ▇▇▇▇ or depart earlier than planned, RPO will, consistent with the rights and convenience of the remaining hunters and RPO, 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, will be at the sole discretion of RPO, 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 locations of pickup of the Client by RPO, including health and safety rules, violations of laws, regulations, or rules set forth by RPO, Client’s right to participate further in the trip may be forthwith terminated at the sole option of RPO, and the Client returned to any such place as is the responsibility of RPO. Any costs incurred by RPO 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 RPO 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 RPO is unable to perform all or any portion of its obligations hereunder, for reasons beyond RPO 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: Client Service Contract

FEES AND CONDITIONS. In consideration of RPO APGS providing the services as set forth herein above (including attachments), the Client agrees to pay RPO APGS the sum $ U.S. funds for agreed upon trip. An initial deposit and a signed contract is due at the time of booking $ . The contract will balance of the deposit in the amount of $ shall be null and void and in no way binding on RPO unless accepted by RPO at its sole discretion. Total deposit will equal 50% of total ▇▇▇▇ price. Reservations for a specific ▇▇▇▇ or for specific days are accepted on a first come, first serve basis only, based on receipt of deposit and completed service contract. If full when received, RPO may return Client’s deposit and cancel this contract without penalty. paid before The ▇▇▇▇ balance of $ shall be paid 30 45 days prior to arrival with a bank check(cash, certified funds, money order or good personal check. (Prior payment by check is required due to bank check fraud and the difficulty of verifying a check’s validity from camp.) The balance may also be paid upon arrival but in camp with cash only. In no case will the Client be allowed to participate in, nor be provided with any services performed by RPO APGS until RPO APGS has received payment in full with full. Cash, certified funds as stated aboveor money order only will be accepted if balance is paid upon arrival. The cost A representative of APGS agrees to meet client(s) at the ▇▇▇▇ excludes fees for hunting licenses and tags, gratuities to guides, meat butchering, taxidermy, shipping of meat and trophies, alcoholic beverages and all travel, accommodations and meals prior to the first day of the ▇▇▇▇. RPO makes no recommendations and designated pick up point which is APGS has no expectations regarding guide gratuities. Guests that may not be familiar with customary etiquette for tipping a ▇▇▇▇ guide are urged to consult the following websites: ▇▇▇▇▇://▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇. com/tips-guide; ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/elk-network/proper-etiquette-tipping-elk-guide. RPO places placed its main base camps in strategic locations known to hold huntable photographable wildlife/fishable populations contracted for. However, any flights incurred other than those agreed upon in writing will be at the sole expense of client(s). Flight cost are charged at actual or fair estimated costs. Fly-out spike camps from the base camps are considered extra flights. SAFETY IS ALWAYS OUR OF FIRST PRIORITY. Client must pay for all extra services not covered under the ▇▇▇▇ Trip fees such as meat or trophy shipmentSatellite phone use time fees, extra flying time costs, handling or packaging fees not covered by RPO 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 a requested shipper by RPO APGS personnel in acceptable condition; RPO APGS shall not be liable for shipper’s shippers' negligence, non-performance, abuse or damage. RPO APGS will strive to minimize all extra costs and to inform Client of amount of potential costs where reasonable and practical; however this does not eliminate nor reduce Client’s 's responsibility. All monies deposited shall be held by RPO 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 final payment, the deposit may be retained by RPO APGS as its sole and exclusive remedy hereunder as liquidated damages, damages but not as a penalty inasmuch as the parties mutually agree that RPO APGS damages may be difficult to ascertain. In the alternative, if Client does not pay all fees when required, RPO 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 RPO APGS in preparation for said trip. In such event, Client agrees that shes/he will be responsible for all costs and damages proven by RPOAPGS, including attorney fees. However, RPO APGS may, at its discretion, allow the Client to apply a forfeited deposit towards a trip at a later date, said date to be mutually agreed upon by RPO APGS and Client. In the event that after the ▇▇▇▇ trip starts, the Client should desire to terminate the ▇▇▇▇ or depart earlier than plannedtrip early, RPO APGS will, consistent with the rights and convenience of the remaining hunters clients and RPOAPGS, 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, will be at the sole discretion of RPOAPGS, 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 locations place of pickup of the Client by RPOAPGS, including to include health and safety rules, violations of laws, regulations, or rules set forth by RPOAPGS, Client’s right to participate further in the trip may be forthwith terminated at the sole option of RPOAPGS, and the Client returned to any such place as is the responsibility of RPOAPGS. Any costs incurred by RPO APGS for terminating said ▇▇▇▇ trip 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 RPO 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 RPO APGS is unable to perform all or any portion of its obligations hereunder, for reasons beyond RPO 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: Contract of Agreement