MSTPA Inc. Contract for Services
This agreement is between Midnight Sun Trophy Pike Adventures, Inc. (“MSTPA”) and the undersigned Client for MSTPA’s facilitation of recreation in the wilderness of Western Alaska. These terms comprise the entire agreement between the parties and supersede any prior oral or written agreements relating to this Contract. This Contract may be modified only be written agreement of both MSTPA and the Client.

1. SCOPE OF SERVICES
The Client shall be responsible for travel to and from Anchorage and all accommodations, lodging, and provisions in Anchorage. MSTPA may assist the Client with the scheduling of flights from Anchorage to Holy Cross (or other village) and vice-versa but will not be responsible for the price of that airfare. MSTPA will not be responsible for transportation delays resulting from any cause, regardless of their effect on the scheduled trip. MSTPA shall arrange a charter flight from Holy Cross to a remote village and shall provide transportation as necessary during the remainder of the trip.
For guided trips based out of MSTPA’s houseboat or tent camp, MSTPA shall provide accommodations, lodging, provisions, and transportation at the site for the scheduled trip. For fishing trips, MSTPA shall provide licensed, professional fishing guides to facilitate the Client’s fishing success. MSTPA makes no guarantees or warranties regarding the catching or quality of fish.
For unguided hunting trips, MSTPA shall provide transportation to previously selected sites and may provide tents, cooking gear, satellite phone, and food, depending on the trip selected by the Client. 
ALL CLIENTS AGREE TO SINGLE HOOK, BARBLESS CATCH AND RELEASE FISHING. A MINIMUM OF 60 POUND BRAIDED LINE IS REQUIRED, MSTPA WILL SUPPLY HAND TIED LEADERS. THERE WILL BE NO USE OF CLIPS. CLIENTS WILL ONLY BE ALLOWED TO HANDLE FISH IF THE CLIENTS IS OUT OF THE BOAT AND IN THE WATER WITH THE FISH. NO EXPECPTIONS EVER. Failure to comply with these requirements will result in an immediate forfeiture of fishing trip with no refund. 

2. SECURITY DEPOSIT
A NON-REFUNDABLE DEPOSIT of $1,000 (one thousand) dollars is required to secure dates for a trip. This deposit will not be refunded for any reason, including cancelled, delayed, interrupted, rescheduled, or shortened trips resulting from causes beyond MSTPA’s reasonable control, including Client or government action; fire; flood; licensing, mechanical, or permitting issues; medical evacuations; safety concerns; and weather and water conditions. MSTPA will use reasonable efforts to facilitate the trip as scheduled and reschedule the trip if necessary.

3. TRIP INSURANCE REQUIRED
MSTPA now requires that every trip be backed by trip insurance to cover cancelled, delayed, interrupted, rescheduled, or shortened trips. CLIENTS ARE REQUIRED TO PROVIDE PROOF OF TRIP INSURANCE COVERAGE WITH THEIR NON-REFUNDABLE DEPOSIT. In the remote Alaskan wilderness, weather delays are inevitable. MSTPA will not refund any cost of a trip cancelled or otherwise affected after January 1 of the year of the scheduled trip. Rescheduling is an option but is subject to availability and may require a delay of more than one season. In addition to the cost of your trip with MSTPA, trip insurance could cover your accommodations in and travel to Anchorage. MSTPA cannot emphasize enough the importance of purchasing trip insurance. Failure to purchase trip insurance shall constitute the client’s express agreement to indemnify and hold harmless MSTPA, its successors and assigns, against all claims, related in any way to the client’s scheduled trip, including claims alleging negligent acts or omissions of any kind by MSTPA.  

4. FULL PAYMENT
The price of the trip is due in full on January 1 of the year of the scheduled trip.

5. RESCHEDULING
A trip may be rescheduled at the client’s written request for a $500 (five hundred) dollar rescheduling fee, which will not be refunded for any reason. Rescheduling is subject to availability and operates on a first-come, first-served basis. Rescheduling that becomes necessary due to no fault of the Client, as determined by MSTPA in its sole discretion, will not incur a rescheduling fee.

6. CANCELLATION
Cancellation of a scheduled trip by the Client shall be in writing. Cancellation made prior to January 1 of the year of the scheduled trip for any reason shall result in a refund of any amount paid, less the $1,000 (one thousand) dollar non-refundable deposit and any rescheduling fees. AFTER JANUARY 1 OF THE YEAR OF THE SCHEDULED TRIP, NO REFUND WILL RESULT FROM TRIPS CANCELLED, DELAYED, INTERRUPTED, RESCHEDULED, OR SHORTENED BY CAUSES BEYOND MSTPA’S REASONABLE CONTROL, INCLUDING CLIENT OR GOVERNMENT ACTION; FIRE; FLOOD; LICENSING, MECHANICAL, OR PERMITTING ISSUES; MEDICAL EVACUATIONS; SAFETY CONCERNS; AND WEATHER AND WATER CONDITIONS. MSTPA reserves the right to cancel, delay, interrupt, reschedule, or shorten a trip at any time when necessary for the safety of the client, employees, or environment without issuing a refund of any kind. In the event that the client cancels the trip and does not wish to reschedule, MSTPA will use reasonable efforts to fill the client’s spots with substitute clients. Upon payment by substitute clients, MSTPA will refund the original clients, less the non-refundable deposit and any rescheduling fees, for the spots that were able to be filled with paying, substitute clients.

7. CLIENT REMEDY
If a trip is cancelled, delayed, interrupted, rescheduled, or shortened by no fault of the Client, the Client’s sole remedy shall be a rescheduled trip, subject to availability, on a first-come, first-served basis.

8. LIABILITY WAIVER
MSTPA shall not be liable for any damaged, lost, or stolen property or any personal injury or death caused by the negligent acts of MSTPA or any other party.

9. MEDIA RELEASE
The Client authorizes MSTPA to use any photographs, audio and video recordings, or other documentation of the trip and all trip participants for the sole purpose of promoting MSTPA through media of any kind.

10. INDEMNITY
The Client agrees to defend, indemnify, and hold harmless MSTPA from any losses, damages, causes of action, claims, liabilities, cost, and expenses (including reasonable attorneys’ fees and court costs) suffered or incurred by MSTPA as a result of, or arising in connection with, directly or indirectly, the Client’s conduct under this Contract. The Client shall be responsible for obtaining and maintaining all individual licensing and permits required for the Client to hunt or fish in the State of Alaska.

11. NON-WAIVER
Failure of MSTPA to insist upon or enforce any of the terms of this Contract shall not constitute a waiver of those or any other terms. Nothing shall constitute a waiver of the rights of either MSTPA or the Client to insist strict compliance with the terms of this Contract, except for a written waiver signed by the party granting the waiver.

12. DISPUTES
This Contract shall be interpreted and enforced under Alaska law without regard to its conflict of laws principles. Other than actions for injunctive relief, any dispute between the parties arising from or relating to this Contract shall be submitted to binding arbitration in Anchorage, Alaska before a single arbitrator to be selected as follows: MSTPA will proffer a list of three arbitrators to Client, and Client will select the arbitrator from the list provided by MSTPA. The results of any such arbitration shall be binding, confidential, and final with respect to all parties. In the event of arbitration, each party shall cover its own attorney fees and costs.

13. ASSIGNMENT
Neither MSTPA nor the Client may assign this Contract, or any rights and obligations under this Contract, without prior written consent of the other party.

14. SEVERABILITY
If any part of this Contract is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

15. BINDING EFFECT AND OPPORTUNITY TO REVIEW
This Contract shall benefit and bind both the Client and MSTPA, their heirs, administrators, executors, personal representatives, other legal representatives, successors, and permitted assigns. The Client acknowledges that the Client has had adequate opportunity to review this Contract and seek advice of independent counsel.

16. CAPTIONS
Any captions used in this Contract are for convenience of reference only and shall not be construed as part of this Contract.

17. MISTAKE AND ASSUMPTION OF RISK
The Client and MSTPA each release any current or future right to modify, reform, rescind, or set aside this Contract because of mutual or unilateral mistakes.

18. DURESS
The Client represents that the Client entered into this Contract freely and voluntarily, without coercion, compulsion, or duress of any kind.

19. NO PARTNERSHIP OR THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be intended or deemed to create a partnership, joint venture, association, or other similar relationship between the Client and MSTPA. This Agreement does not create, if and shall not be construed as creating, any rights enforceable by any person other than the Client and MSTPA.

20. ACCEPTANCE

Client (to be signed by each Client there are multiple Clients purchasing services jointly; request multiple copies of this Contract, one for each Client to sign): 
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