Terms & Conditions

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 Icebound (the “Meeting Location“) no later than thirty (30) minutes prior to the start time (the “Meeting Time“), which Meeting Location and Meeting Time shall be communicated by Icebound to the Customer no later than twenty-four (24) hours prior to the commencement of the Term. In the event that the Customer fails to arrive at the Meeting Location for the Meeting Time, Icebound reserves the right to cancel the Services and shall be entitled to retain all or any part of the Reservation Deposit and the Damage Deposit (as applicable) in consideration of expenses incurred by Icebound.

1.3  Fees. The Customer shall pay to Icebound the amount noted above plus applicable taxes in consideration of the Services (the “Fees“). Icebound shall provide the Customer with an invoice for the Fees at the end of the Term. Receipt of the invoice is not a condition of the Customer’s obligation to pay the Fees. The Customer authorizes Icebound to charge the Fees, and any additional charges payable in accordance with this Agreement, to the credit card utilized by the Customer for the payment of the Fees. Interest on any unpaid Fees will be charged at the rate of two (2%) percent interest per month, being twenty-four (24%) percent interest per year (not compounded) on all overdue sums owing to Icebound.

1.4  Reservation Deposit. Upon or prior to signing this Agreement for the provision of the Services, the Customer shall pay to Icebound a reservation deposit in an amount equal to 50% of the Fees (the “Reservation Deposit“). The Reservation Deposit shall be held without interest and applied by Icebound against any amounts outstanding or payable pursuant to this Agreement. The Reservation Deposit is non-refundable. Customers are encouraged to buy cancellation insurance should they need to cancel their trip.

1.5  Cancellation by Icebound. Icebound reserves the right to cancel the Services at any time due to unforeseen circumstances (including but not limited to inclement weather and ice conditions). In the event of cancellation by Icebound, the Reservation Deposit shall not be refundable, but shall be transferrable by the Customer in accordance with section 1.7 hereof.

1.6 Transfer of Services. In the event that the Customer wishes to transfer their reservation of the Services to a new date or to a new customer (each a “Transfer of Services“), they may do so no later than thirty (30) days prior to the start of the Term and Icebound shall work with the Customer in order to make effect to such Transfer of Services.

1.7 Payment Processing Fee. All refunds pursuant to this Agreement are subject to a payment processing fee equal to five (5%) percent of the total amount of the Fees (the “Payment Processing Fee”).

1.8 Fishing License. All participants who engage in the Services (hereinafter referred to as the “Participants“) and who are required to maintain an active Manitoba angling license (the “Fishing License“) on their person in accordance with The Fisheries Act (Manitoba) and the Fisheries Act (Canada), are required to have said Fishing License on their person at all times during the provision of the Services. The Fishing License may be printed or carried on an electronic device and the Participants must be able to show their Fishing License to a Manitoba conservation officer immediately upon request. Icebound shall not be responsible for assisting the Customer in obtaining the Fishing License for any of the Participants. Icebound shall not be responsible for any fines or fees incurred by the Customer in breach of this section 1.9. The Customer agrees to indemnify Icebound for any and all fines or penalties incurred by Icebound in connection with the Customer’s non-compliance with this section 1.9.

1.9 Assumption of Risk, Waiver, Limitation of Liability and Indemnity. The Participants assume the risks and hazards related to their participation in the Services and to the use of Equipment including, but not limited to: accidents, collisions, inclement weather, failure to act safely, failure to act within one’s own ability to operate the Equipment, negligence of other persons and negligence on the part of the Participants. The Participants waive all claims against Icebound and its directors, officers, owners, agents, personnel and employees which the Participants or anyone claiming through or on the Participants’ account may now or in the future have, including, without limitation, any claims in respect of any personal injury, death, property damage or loss, resulting directly or indirectly from or pertaining to the Participant’s participation in the Services and to the Participant’s use, condition or operation of the Equipment and even if caused by the negligence of Icebound or any of its directors, officers, owners, agents, personnel or employees. The Participants hereby indemnify Icebound and its owners, agents, personnel and employees from any and all loss, claims, costs, expenses, damages and liabilities (including, without limitation, reasonable lawyers’ fees) howsoever caused, resulting directly or indirectly from or pertaining to the Participant’s participation in the Services and to the Participant’s use, condition or operation of the Equipment, and even if caused in whole or in part, by the negligence of Icebound or any of its owners, agents, personnel or employees. The Customer acknowledges that it is a condition of this Agreement that all Participants shall execute an “Assumption of Risk, Waiver, Limitation of Liability and Indemnity” in the form provided by Icebound in their sole discretion.

1.10 Safety Procedure. The Customer will be given a safety briefing prior to the commencement of the Services. It is the responsibility of the Customer to inform Icebound if the Customer does not understand the safety procedures outlined in the safety briefing.

1.11 No Drugs and Alcohol. The Participants shall be strictly prohibited from the consumption of drugs or alcohol during the provision of the Services. Smoking or use of any combustible material in the Equipment is strictly prohibited, which shall include but not be limited to any tobacco products, marijuana, e-cigarettes or personal vaporizers, or any other controlled drug or substance.

1.12 Consent for use of Images and Video. The Customer authorizes Icebound and its representatives to take images and videos during the course of the provision of the Services (the “Content“). The Customer further authorizes and consents to Icebound’s unfettered use of the Content in Icebound’s sole and absolute discretion, including but not limited to the use of the Content: in promotional and other content created by Icebound; and on Icebound’s website, social media accounts, and in other media publications.

1.13 Amendment and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on any party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver relate to or affect a subsequent instance of the matter waived unless otherwise expressly provided.

1.14 Assignment. The Customer agrees not to assign this Agreement or transfer, sublease, encumber or give up possession of the Equipment without Icebound’s prior written consent, which may be arbitrarily withheld.

1.15 Miscellaneous. The Customer consents to the collection, use and disclosure of personal information for the purposes set out in this Agreement and enabling Icebound to provide the Equipment and the Services. Time shall be of the essence of this Agreement. The Agreement shall be construed according to the laws of the Province of Manitoba and the laws of Canada applicable therein. This Agreement is binding on the Customer and the Customer’s heirs, executors, administrators, successors and permitted assigns, as the context may require. If more than one Customer is named or executes this Agreement, the liability of each Customer shall be joint and several. This Agreement constitutes the entire agreement between the Customer and Icebound. The rights of Icebound hereunder are cumulative and no exercise or enforcement by Icebound of any right or remedy hereunder shall preclude the exercise or enforcement of any other right or remedy hereunder or which Icebound is otherwise entitled by law to enforce. Icebound is always the sole owner of the Equipment during the Term. The Customer acknowledges that any provisions of this Agreement not valid by virtue of any applicable legislation shall not affect any other provision. Any provision hereof is declared and deemed severable and separate from any other provision. The Customer acknowledges that their electronic signatures in this Agreement, whether digital or encrypted, are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record. Delivery of an executed copy of this Agreement by electronic transmission constitutes valid and effective delivery.