Office of Outfitters Registration: Contract Information
The Office of Outfitters Registration has provided a model contract for use with your clients or potential clients. You must comply with specific contract requirements set by both the Outfitters registration statute and the Rules and Regulations. When you are developing a contract for use, please assure that all the requirements have been met.
1. Outfitters must provide written contracts to their clients, and the contracts must be signed by both the outfitter and client. (Section 12-55.5-109(1), C.R.S.) Note: Individual outfitters must use their own signatures, and if the outfitter is a partnership or corporation the contract must be signed by one of the responsible partners or corporate officers listed in the Office's registration file.)
2. Outfitter contracts must include all of the following information (Section 12-55.5-109(1), C.R.S.):
a. Types of services to be provided (This needs to be descriptive, i.e. fully guided hunt, drop camp only, what species, fishing instruction only, etc.);
b. Dates of service (Should be specific dates, i.e. October 12-17, not simply "third season");
c. Transportation arrangements (Should include transportation of individuals from a specific location to a specific location, i.e. from the Grand Junction airport to the trailhead or base camp. Should also include arrangements for transporting equipment, supplies of wildlife to and from the hunt location. Even if no transportation will be provided, contract should indicate "N/A");
d. Cost of the services;
e. Ratio of clients to guides (Even if the service is for a "drop camp" only and there will be no guides, the contract must indicate that there are no guides);
f. The Outfitter's policy regarding cancellation of the contract and refund any deposit.
3. No action may be maintained by an outfitter for breach of a contract or agreement to provide outfitting services or for the recovery of compensation for services rendered under such contract or agreement if the outfitter has failed to comply with the provisions of this article. (Section 12-55.5-109(2), C.R.S.)
4. Any written contract provided pursuant to this section shall also contain a written statement that pursuant to Section 12-55.5-105(1)(c) and (1)(d) outfitters are bonded and required to possess the minimum level of liability insurance and that the activities of outfitters are regulated by the Director of the Division of Professions and Occupations in the Department of Regulatory Agencies. (Section 12-55.5-109(3), C.R.S.)
A. In addition to the requirements of C.R.S. §12-55.5-109, a registered outfitter must provide a written contract to all clients for outfitting services. The contract with each client must contain a minimum of the following:
i. The name of the outfitter, the entity name, business name or trade name;
ii. The physical location of the business;
iii. Contact information of the business;
iv. The Outfitter registration number;
v. A refund policy that defines the refund policy when the prospective client does not draw the required license or tag for the species the client is negotiating to hunt;
vi. Specific location(s) of the actual hunt using game management units assigned by Colorado Parks and Wildlife;
vii. The name of the bond and insurance company;
viii. A statement indicating that proof of bond and insurance is available upon request.
B. The contract must be provided to all clients within 30 days of the outfitter’s receipt and acceptance of a deposit from the client. Any deposit made by a client who the outfitter does not accept must be returned within 30 days of the decision not to accept.
C. A single day hunting or fishing trip requires a contract that contains the minimum requirements in C.R.S. §12-55.5-109(1), (2) and (3) and this rule.
D. A copy of the contract shall be provided to the director or authorized agent upon request.
The following checklist is provided by the Office of Outfitters Registration
You may use the sample contracts provided by the Office of Outfitters Registration: