Cabelas Outdoor Adventures hunting and fishing trips

CABELA'S OUTDOOR ADVENTURES LIABILITY WAIVER AND RELEASE AGREEMENT

Cabela's Outdoor Adventures, Inc. ("COA") requires that each Customer sign the following Liability Waiver and Release Agreement ("Agreement"). Failure to comply with this requirement may result in the cancellation of your trip and forfeiture of the deposits and/or all payments. Provided, if you have received this Agreement following the payment of your deposit, you can reject these terms and receive a full refund of your deposit within (15) days of receipt of this Agreement.

LIABILITY WAIVER AND RELEASE

The undersigned Customer acknowledges that COA acts solely as the booking agent for the outfitters, guides, transportation providers, hotels, game lodges, and any and all other service providers used in connection with Customer's trip. Customer acknowledges COA does not provide any of the above services which will or may be used during the trip. COA makes reasonable efforts to investigate and book with providers who are of good quality. However, Customer acknowledges that it is not feasible for COA to continually investigate status and availability of services offered by providers, financial condition of providers or other success of Customer's trip in terms of quality (trophy) or quantity of fish or game that may result from the trip, nor the affect of poor weather conditions on the trip.

In partial consideration for COA acting as the booking agent for the service providers for Customer's trip, Customer, for himself/herself, and his/her personal representatives, heirs and next of kin hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE COA and its affiliates, and their officers, employees and agents (hereinafter referred to as "Releasee") from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, injury, including death, that may be sustained by Customer, or to any property belonging to Customer, whether caused by the negligence of Releasee or otherwise, while participating in the trip. Customer further agrees to INDEMNIFY AND HOLD HARMLESS Releasee for any loss, liability, damage or costs, including court costs and attorneys' fees that Releasee may incur due to Customer's participation in the trip, whether caused by the negligence of Releasee or otherwise.

Customer acknowledges that the trip may involve inherently dangerous activities and risks and that the trip may require extreme physical activity. The risks include, but are not limited to, those caused by terrain, facilities, adverse weather, defective or faulty equipment, lack of access to emergency medical care, and actions of other people, including, but not limited to, other participants, outfitters and service providers. Customer is fully aware of the risks and dangers connected with the trip, including but not limited to the risks as noted herein, and Customer hereby accepts all risks arising out of and relating to his/her participation in the trip. Customer represents that there are no health related reasons or problems which preclude or restrict his/her participation in the trip.

Customer agrees that COA's liability for damages arising out of the trip shall be limited to and not exceed the portion of the price paid by Customer for the trip which represents fees to COA. Customer agrees that neither COA nor its employees shall be liable for special, indirect, incidental or consequential damages. Customer agrees that COA and its employees shall not be liable for the loss of or damage to any baggage, equipment, or other personal items and such items are the sole responsibility of Customer at all times.

Customer agrees to be responsible for the costs of all accommodations and transportation for overnights enroute to and from the trip destination which are caused by bad weather, flight schedules, over booking or cancellations, other events beyond the reasonable control of COA or which are not specifically included in the bookings made for Customer by COA. Customer agrees that COA shall not be responsible for the return of any deposits and/or payments due to the cancellation or change of schedule by Customer or by any provider of services other than COA.

Customer acknowledges that insurance has been offered for purchase that would provide compensation for lost or damaged luggage, trip cancellation, medical expenses, medical evacuation, and supplier bankruptcy.

COA reserves the right to cancel any trip prior to departure or to refuse any person as a member of any trip, in which case, COA shall make a full refund which will constitute final and complete settlement with Customer, Customer acknowledges that all quoted rates, prices and fees are subject to change without notice and Customer agrees to pay the same as a condition of proceeding with trip or have the option to cancel with full refund.

Any disputes which may arise between COA and the Customer arising out of the trip, or this Agreement shall be heard solely in the appropriate state or federal court located within the State of Nebraska and in no other jurisdiction. Customer specifically submits to the personal jurisdiction of such court within the State Nebraska. Customer agrees that Nebraska law shall govern the rights and liabilities of the parties.

Customer grants COA permission to use Customer's name, actual or paraphrased statements, and photographic and/or video images delivered or transmitted by Customer to COA for the purpose of marketing, publicizing and promoting the trip and/or COA without additional approval by Customer. Customer waives any right to be compensated for the use of his/her name, statements and images, and releases COA from liability for any claims, where such claims arise out of or relate to COA's use of Customer's name, statement or image(s). Customer represents and warrants that all photographic and/or video images: (A) were created solely by Customer or by others who assigned all rights, title, and interest in their work to Customer; (B) The images and any intellectual property rights protecting the images are free and clear of all encumbrances; (C) The use of the images does not violate the rights of any third parties including, but not limited to, copyrights, trademarks, publicity and privacy; and (D) To the best of Customer's knowledge the images do not require the payment of any fees to any third parties (e.g. SAG, AFTRA, etc.).

Conditions for all trips

A 50% deposit is required to confirm dates. Some trips, arranged more than a year in advance, only require a 25% deposit. In this case, another 25% deposit is due in January the year of the trip. This Agreement must be signed and is due with deposit or immediately after deposit is paid. If COA does not receive this signed document at 60 days after the booking date of the trip, or along with the deposit if the trip is to take place within 60 days of booking, all deposits and payments could be forfeited. Balances are due 60 days prior to trip. If payment is not received by this due date, deposits are subject to forfeiture and cancellation of trip.

COA highly recommends that all customers purchase trip cancellation insurance!

Cancellation Policy Not Covered By Trip Insurance

If canceling party finds someone to take their place, penalties may not apply. A written notice of cancellation is required prior to COA putting the trip up for sale. If COA is able to rebook the trip, a 15% (of the total value of the trip) cancellation penalty will apply and the remainder of your deposit will be refunded. Additionally, if COA is able to rebook the trip and you decide to roll your deposit to another trip of equal or greater value within a year of the trip cancellation date, the 15% cancellation penalty will be waived. If the trip does not sell or is cancelled less than 60 days prior to the trip or less than 60 days prior to a license application deadline, all deposits and payments are forfeited and Customer is responsible for any remaining balance. COA is under no responsibility to rebook a cancelled trip or to put a cancelled trip up for resale. COA will in no way be responsible if a cancelled trip is not rebooked or resold.

Cancellations Covered By Trip Insurance

Contact COA and your insurance carrier. COA will supply the insurance company with pertinent documents to help process your claim.

This Agreement may be signed and executed in any of the following ways (1) by mailing or delivering the signed Agreement back to COA; (2) by emailing a scanned copy of the signed Agreement to COA; or (3) by faxing a copy of the signed Agreement to COA. If the signed Agreement is emailed or faxed to COA, Customer agrees that such signature and document shall be treated in all respects as having the full force and same effect as a document provided to COA containing an original handwritten signature.

The undersigned has read and voluntarily signs this Agreement and agrees that no warranties, oral representations, statements, or inducements, other than those contained in COA's catalog or this Agreement, have been made to or relied upon by Customer in selecting or booking the trip. Furthermore, by Customer's signature below, Customer agrees to pay according to the payment schedule as set out in the Cabela's Outdoor Adventures invoice referenced for the trip at the top of this document.

Parent/guardian (required for minor participants)

As the parent and/or legal guardian to the minor identified above, I hereby agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor's participation in the trip. I agree to indemnify and hold harmless Releasee for all losses (including attorney's fees and costs) from any claims brought by or on behalf of the minor where such claims are related to the minor's participation.

Cabela's Requirements

These hunts are mostly farm or ranch hunts from stands or blinds. Includes substantial use of 4x4 pickups and/or ATVs. Most whitetail deer hunts are in this category.

Cabela's Requirements

These hunts are mostly conducted on private ranches; species include mule deer, elk, antelope; additionally, some caribou and African plains game hunts. Moderate to light hiking each day in semi-mountainous terrain.

Cabela's Requirements

These hunts are a true wilder ness experience and are usually conducted on horseback, while hunting species such as elk, moose, bear; also, some mountain lion and African Cape buffalo. Difficult to extreme hiking and backpacking can be involved.

Cabela's Requirements

All sheep hunts, goat, most grizzly and brown bear, some mountain lion and elephant. Either the terrain and/or animals can involve some dangerous situations. These hunts will require extreme physical endurance and some athletic ability.