Terms and Conditions
Please read these terms and conditions carefully before using our website and services.
1. Acceptance of Terms
By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement.
2. Use License
Permission is granted to temporarily download one copy of the materials on this website for personal, non-commercial transitory viewing only.
3. Disclaimer
The materials on this website are provided on an “as is” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
4. Limitations
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website.
5. Revisions
We may revise these terms of service at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
6. Contact Information
If you have any questions about these Terms and Conditions, please contact us.
Liability waiver and assumption of all risk
The individual named below (referred to as “I”,“me”, or “my”) desires to participate in Activities (defined herein) provided, sponsored, overseen, or facilitated by Cold Water Outfitters LLC, a North Dakota limited liability company (the “Company”) at various locations owned, leased, subleased, operated, pursuant to an easement or other access right of the Company (the “Premises”). “Activities” includes, but is not limited to, hunting, loading and handling (including firing and cleaning) of firearms, knives, lures, bows and arrows, hunting gear, and other sharp objects, camping, handling, skinning, and processing game animals or fish using knives, saws, and other instruments, riding in or operating a boat or other motorized vehicle, interacting with dogs, birds, fish, and other animals, fishing, hiking, standing in or around water (including frozen water), being in extreme temperatures (both hot and cold), and all items or activities that in any way related to the Activities. In consideration of being permitted by the Company to enter the Premises and participate in the Activities, the intangible value that I will gain by participating in the Activities, and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement (this “Agreement”). BY SIGNING AND DELIVERING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SUE OR OTHERWISE HOLD LIABLE THE BELOW NAMED RELEASEES FOR ANY INJURIES, DEATH AND/OR PROPERTY DAMAGE OR LOSS RELATED TO MY PARTICIPATION IN THE ACTIVITIES.
1. Assumption of the Risk. I am fully aware and understand that the Activities are potentially dangerous activities and involve the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I further acknowledge and agree that (i) there are inherent risks, dangers, and hazards, both foreseeable and unpredictable, associated with the Activities (ii) injuries, death, harms and damages may result not only from my own actions, inactions or negligence or the actions of other participants who may or may not be participating in the Activities. I agree to assume and accept full responsibility in spite of and with full knowledge of these risks, dangers, and hazards. I am also aware of various contagious bacterial and viral diseases, including but not limited to COVID-19 and other potentially infectious diseases (collectively, “Diseases”) and the risk that I may be exposed to or contract Diseases by being on the Premises and engaging in the Activities, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result
from or be compounded by the actions, omissions, or negligence of the Company, Company employees, or others, including negligent emergency response or rescue operations of the Company or its employees. I understand that the Company cannot guarantee that I will not be injured or become infected with Diseases while on the Premises or during my participation in the Activities and that being on the Premises and engaging in the Activities may increase my risk of injury, pain, suffering, disability, death, property damage and/or financial loss, and contracting Diseases. I acknowledge that other parties may be present at the Premises, either with or without the express permission of the Company. I recognize that the presence of other parties may increase the risks and dangers of being at the Premises and participating in the Activities and I assume such risks. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. Release and Indemnification of Company and Releasees.
a. I, on behalf of myself, my spouse, children, relatives invitees, personal representatives, executors, heirs, administrators, successors and assigns, hereby voluntarily agree to expressly waive, discharge, defend, hold harmless, indemnify and release any and all claims, now known or hereafter known, damages, lawsuits, investigations, actions or losses (including,
without limitation, costs and attorney’s fees incurred by the Company or Releasees as a result of the assertion of any claim released hereby) against the Company and its officers, directors, managers, employees, agents, affiliates, shareholders, members, equityholders, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage (whether to my property or the property of a third party), or financial loss arising out of or attributable to my being on the Premises, whether as a spectator, social participant, guest, visitor, contractor, or participating in the Activities, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise, including but not limited to breach of contract or breach of any duty of care on the part of any of the Releasees or the Company. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. Only to the extent required by Delaware state law, this Agreement does not extend to claims for liabilities that Delaware law does not permit to be released by contractual agreement. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on medical treatment or other medical services specified in Section 3. I further waive any and all rights that might otherwise exist in favor of any and all of my insurers to make a claim against the Company or any Releasees based on payments made by insurers to me or representatives of my estate or on my behalf for any reason. This means my insurers have no rights of subrogation against the Company or any Releasees.
b. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this
Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Company or any other Releasees, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
3. Representations.
Physical and Mental Condition; Compliance with Company Directives and Laws;
a. I confirm that I am in good health (both mentally and physically) and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activities. I will be respectful to the Company, its agents and employees, and any other persons with whom I come into contact with while on the Premises or engaging in
the Activities.b. I confirm that I am not experiencing symptoms of any Disease, do not have a confirmed or suspected case of Diseases.
c. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activities while on the Premises or participating in the Activities and will not engage in any immoral conduct.
d. I will also follow all instructions, recommendations, directives, and cautions of the Company at all times. I have taken hunter’s safety or similar training courses and have basic knowledge of proper safety and operation involved with the Activities. I will conduct myself in a safe, responsible and respectful manner and I will honor any and all safety and similar
requests from the Company.
e. I agree to immediately report any violations of the Company rules or violation of any laws to the Company.
f. I understand that it is my responsibility to bring my own equipment, clothes, and gear. This extends to personal protection equipment (i.e., face covering, hand sanitizers and other cleaning supplies needed). It is my responsibility to clean and disinfect shared surfaces before and after every use.
g. I warrant and represent that I am eighteen (18) years of age or older and have obtained all required licenses, permits, stamps, and documentation to participate in the Activities. I further warrant and represent that I have a valid driver’s license that was issued to me by an appropriate legal authority of competent jurisdiction.
h. If i am the parent or legal guardian of any minor child who is or will be present with me and in my care and custody at the premises, this Agreement is also executed and delivered by me, as their authorized legal representative, for them and on their behalf, and shall be applicable to them and fully legally binding and enforceable against them and their estates, in its
entirety, in all respects.
i. I understand that success from participating in the Activities is not guaranteed in any way, shape, or form. If at any time the Company believes any conditions (including external to myself) or myself to be unsafe, that any of the representations above are not true, that I am in violation of law or Company policy, that I am no longer in proper physical condition to participate in the Activities, or I begin experiencing symptoms of Diseases, I hereby grant the Company the right to terminate
my involvement with any Activities without any refund, reimbursement, or obligation to reschedule or accommodate me. I understand that the Activities are not refundable for any reason, including voluntarily terminating my involvement in the Activities, not participating in some or all of the Activities, or for external factors outside of my control. I will also immediately
discontinue further participation in the Activities if I feel unsafe, am in violation of law or Company Policy, or no longer in proper physical condition to participate in the Activities. I acknowledge that the Company is relying on these statements to allow me to participate in the Activities. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities but agree that the Company and Releasees are under no obligation to provide or request medical attention for me. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.4. Damages to Property. If I cause any injury or damage to any property (including, but not limited to, any Company or third party property, whether or not occasioned by my participation in the Activities) while on the Premises, I will fully reimburse the Company for any such damages. However, because the damages the Company would sustain as a result of injury to a hunting dog are not easily ascertainable, for each hunting dog injured, damaged, or killed as a result of my participation in the Activities or being on the Premises, I will be liable to, and shall pay the Company, the greater of (a) $12,000 as liquidated damages (the “Liquidated Damages”), or (b) the total expense for the purchase of a replacement dog, all veterinary and medical care (of the replacement dog and the injured or killed dog), training, stud fees, and similar expenses associated with the hunting dog. I agree that these Liquidated Damages constitute compensation and not a penalty and are a reasonable estimate of the anticipated or actual harm that might arise from damage to a hunting dog.
5. Governing Law; Jurisdiction. This Agreement will be governed and construed in accordance with the laws of the state of Delaware without regard to any conflict of laws provisions (including if any conflict of laws analysis or provisions would lead to the application of a different law). I voluntarily and purposefully avail myself of the laws of the State of Delaware and am solely responsible for compliance with local laws. I understand that any controversy or claim arising out of or relating to this Agreement, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Morton County, North Dakota. I irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over myself by the federal and/or state courts in Morton County, North Dakota. I hereby irrevocably
waive any and all objections which I may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Morton County, North Dakota and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court in Morton County, North Dakota.
6. Miscellaneous.
a. I hereby grant the Company the exclusive right to use any photo, video, audio recording, or similar intellectual property taken of me for promotional purposes.
b. This Agreement contains the entire agreement between me, the Company, and the Releasees as it pertains to the release, waiver of liability, damages, claims, and indemnification. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained herein shall be enforceable to the fullest extent permitted by applicable law. If any part of this agreement is held invalid, it is agreed that the balance thereof shall continue in full legal force and effect.
c. I HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW AND/OR ANY AND ALL RIGHTS AND REMEDIES THAT MIGHT OTHERWISE BE GRANTED TO ME UNDER APPLICABLE LAW.
d. THE COMPANY AND RELEASEES HAVE MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, BY STATUTE, COURSE OF DEALING, OR CUSTOM OF TRADE, WITH RESPECT TO THE PREMISES, ANY ACTIVITIES, AND/OR ANY VEHICLE AND/OR ANY EQUIPMENT, OR THE CONDITION, PERFORMANCE, SAFETY OR RELIABILITY THEREOF, ALL OF WHICH ARE AND HAVE BEEN
DISCLAIMED BY RELEASEES. THE PREMISES, ANY VEHICLE, ANY EQUIPMENT AND/OR ANY ACTIVITIES BEING PROVIDED FOR MY USE, ENJOYMENT AND BENFIT ARE PROVIDED ON AN “AS-IS WHERE IS” BASIS, WITH ALL FAULTS. I AM NOT RELYING ON ANY REPRESENTATIONS, WRITTEN OR ORAL, MADE TO ME BY ANY PERSON OR ENTITY IN SIGNING AND DELIVERING THISAGREEMENT. I ACKNOWLEDGE AND AGREE THAT RELEASEES ARE NOT OFFERING OR PROVIDING TO ME OR FOR MY BENEFIT ANY INSURANCE COVERAGE OF ANY KIND OR NATURE.
e. I CERTIFY THAT I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING IT. I FULLY UNDERSTAND THIS AGREEMENT AND EACH OF ITS TERMS AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY EXECUTING THIS AGREEMENT, INCLUDING THE RIGHT TO SUE THE COMPANY. I VOLUNTARILY AGREE TO BE LEGALLY BOUND BY ITS PROVISIONS AND I HAVE EXECUTED THIS AGREEMENT WITH FULL KNOWLEDGE OF ALL THE RISKS, WITHOUT COERCION OR DURESS, AND AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF MY CHOOSING