Terms & Conditions - Cooks Outfitting & Guide Services

Terms and Conditions (the “Agreement”)

Cooks Outfitting & Guide Services (“Cooks”) is a business operating under the laws of the Province of Manitoba that offers guided ice fishing tours (the “Excursions”, or the “Services”). By engaging any of the Services of Cooks, you (the “Customer”) agree to this Agreement, including any amendments which may be made by Cooks from time to time in its sole discretion.

ARTICLE 1: GENERAL

1.1 Term. The term (the “Term“) of this Agreement shall be as noted above.

1.2 Arrival. The Customer shall arrive at the meeting location as determined by Cooks (the “Meeting Location”) no later than thirty (30) minutes prior to the start time (the “Meeting Time”), which shall be communicated to the Customer no later than twenty-four (24) hours prior to the Term. Failure to arrive may result in cancellation of the Services, and Cooks shall be entitled to retain all or part of any deposits in consideration of expenses incurred.

1.3 Fees. The Customer shall pay to Cooks the amount noted above plus applicable taxes (the “Fees”). An invoice may be provided at the end of the Term. Receipt of an invoice is not a condition of the obligation to pay. Interest on unpaid Fees is charged at 2% per month (24% per year, not compounded).

1.4 Reservation Deposit. A 50% non-refundable reservation deposit (the “Reservation Deposit”) is due upon or prior to signing this Agreement. This deposit shall be applied against amounts owing and held without interest.

1.5 Cancellation by Cooks. Cooks may cancel the Services at any time due to unforeseen circumstances (e.g., inclement weather). The Reservation Deposit is non-refundable but may be transferred in accordance with section 1.6.

1.6 Transfer of Services. The Customer may request a transfer of Services to a different date or individual no later than 30 days prior to the Term. Cooks will cooperate to facilitate the change.

1.7 Payment Processing Fee. All refunds are subject to a 5% payment processing fee.

1.8 Fishing License. All Participants must carry a valid Manitoba fishing license. Cooks is not responsible for obtaining licenses or for any related fines.

1.9 Assumption of Risk and Indemnity. The Participants assume all risks involved in the Services. They waive all claims against Cooks and its personnel for injury, death, loss, or damage. The Customer agrees to indemnify Cooks against related claims and costs. A separate waiver form must be signed by all Participants.

1.10 Safety Procedure. A safety briefing will be provided. The Customer must notify Cooks if they do not understand the instructions.

1.11 No Drugs and Alcohol. Drugs and alcohol are strictly prohibited during the Services.

1.12 Use of Images and Video. The Customer authorizes the use of images and video captured during the Services for promotional purposes.

1.13 Amendments and Waivers. Changes must be in writing and signed by both parties.

1.14 Assignment. The Customer may not assign or transfer this Agreement without written consent.

1.15 Miscellaneous. This Agreement is governed by Manitoba law. It binds both parties and their successors. Electronic signatures are considered valid.

ARTICLE 2: EXCURSIONS

2.1 Excursion. Cooks agrees to provide guided ice fishing and open water tours on the terms set forth herein.

2.2 Participants. The Customer must provide a full legal name list of all Participants at least 24 hours before the Term. Participants must sign a waiver in accordance with section 1.9.

2.3 Inclusions.

(a) Fishing Guide: A knowledgeable and experienced fishing guide.

(b) Fishing Rod, Bait, and Tackle: Provided for each Participant.

2.4 Service Standard. Cooks will provide guides with appropriate skill and knowledge. Cooks reserves the right to substitute guides at any time.

2.5 No Guarantee. Cooks does not guarantee the quantity or success of fish caught during the Excursion.