Contracts

The Remuneration Agreement: What is it and what does it do?

It is a written contract between the hunter and the Hunting Outfitter defining the business to be conducted by them.

On many pages the prospective hunter has been warned to not trust the claims in glossy brochures. Nor to trust the claims made on fancy web sites, but to only part with his/her money once a satisfactory Remuneration Agreement (RA) is in place. In every province in South Africa it is a legal requirement that such a RA has been signed in duplicate by both the Hunting Outfitter and the Client BEFORE the start of the hunt.

As AMS is in the custom safari business there is no “standard” RA to post as an example of what to expect.

The relevant regulation as published in Administrator’s Notice 2030 on 14 December 1982 for the former Transvaal province – and which still apply – is quoted in full.

“Agreements between Hunting-outfitter and Client.

26. (1) A hunting-outfitter and his client shall enter into an agreement in writing beforehand containing -

(a) the name and permanent postal address of the client;

(b) the name and business address of the hunting- outfitter;

(c) the name and business address of the professional hunter who will escort the client;

(d) the address to which trophies are to be sent;

(e) particulars of the place of the commencement and termination of the liabilities of the hunting-outfitter to the client;

(f) particulars of the species and sex of the wild animals offered for hunting and the tariffs for every species of wild animal killed or wounded;

(g) the tariffs for the available services and conveniences;

(h) the duration of the hunt and the daily tariff.

(2) The provisions of an agreement contemplated in subregulation (1) may be amended or substituted by a subsequent agreement entered into in writing by the hunting-outfitter and his client.

(3) An agreement entered into in terms of subregulations (1) and (2) shall be drawn up in duplicate and the hunting-outfitter and the client shall each keep a copy after they have signed both copies.

(4) A hunting-outfitter may claim from a client with whom he has entered into an agreement in terms of subregulation (1) or (2), compensation at the tariffs contained in the agreement for -

(a) every wild animal killed or wounded by the client;

(b) the services and conveniences provided to the client.”

As an example of a Booking Agreement one for a six days hunt is shown.

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Booking Agreement for 6 Days Plains Game Trophy Hunt at Mervilla

In terms of the regulations promulgated by the South African nature conservation authorities to control the activities of hunting outfitters it is a requirement that any hunting client and hunting outfitter enter into a remuneration agreement before the onset of the hunt.

Henceforth, the client is referred to as hunter.

It is therefore now agreed between Mr. Dave Mansfield of 11543 Blackwater Drive, Baker. MS 70714 USA (the hunter) and Andrew McLaren Safaris of P.O. 31 SOUTPAN 9356 (the Hunting Outfitter) that Andrew McLaren Safaris will appoint Mr. Andrew McLaren of the same business address, or another suitably qualified and experienced Professional Hunter for which the particulars will be entered into the official Remuneration Agreement, as the hunter’s shared (two-on-one) Professional Hunter during the plains game hunt as described.

All trophies hunted will be skinned and field dressed to suit the client’s taxidermy requirement and after the hunt the preserved, packed, and identified trophies will be sent to Messrs. Oasis Tanning of Krugersdorp, South Africa, together with the hunter’s instructions. It is specifically agreed that the taxidermy cost is NOT included in the hunt offer and are to be for the account of the hunter

It is the responsibility of the hunter to procure all travel arrangements from their point of departure to Bloemfontein, South Africa. The arrival, and departure after the hunt, airport is Bloemfontein Regional Airport.

The hunter should book travel arrangements at earliest in order to arrive in Bloemfontein South Africa whereby he will be picked up and taken to the Mervilla Hunting Area on 14 May 2006, the day prior to commencement of hunting activities on 15 May 2006.

The hunter may bring his own rifles and by signing this agreement he indicate that he had taken due note of the firearm import requirements as available on the home page of the Professional Hunters Association of South Africa (PHASA) http://www.professionalhunters.co.za In view of the uncertainty and delays since the implementation of the new firearms act and regulations the hunter is advised to use firearms supplied free of any charge by Andrew McLaren Safaris.

On 20 June 2006 hunting activities will conclude (after six full hunting days), where after the hunter will be transported to the Bloemfontein Regional Airport on 21 May 2006, or, by special prior arrangement, to another venue. Trophies will be transported to Krugersdorp in order to be delivered to Messrs. Oasis Tanning, or another taxidermist by prior arrangement. The hunter must convey all taxidermy instructions prior to departure from the hunting area.

Andrew McLaren Safaris offer a complete six days hunt for the following animals hunted on choice concessions where the species are very abundant:

One trophy black wildebeest + One trophy blesbok + One trophy springbok for the all inclusive cost of $ 2 500.00

Should the hunter complete all hunting before the six days any remaining hunting time can be spent harvesting limited numbers of rock hyrax and other varmints in the area at no extra charge. Should the hunter harvest additional trophy animals, these will be charged as per the standard 2006 price list for Andrew McLaren Safaris, and the taxidermy cost associated with the additional animals will also be for the clients account. Additional hunting days may possibly be added at the standard quoted daily rate, subject to the availability of the accommodation facilities.

Andrew McLaren Safaris will provide, as items and services included in the daily rate tariff;

(i) pick-up at, and transportation from, Bloemfontein Regional Airport to the accommodation facilities at Mervilla, in the hunting area

(ii) all required hunting licenses, permits, exemptions, and permissions in terms of which the client will be authorized to legally hunt the game offered and any export permit required to convey any trophy from the hunting area to the designated taxidermist

(iii) all transport within the hunting area, including the conveyance of hunted animals to skinning and slaughtering facilities

(iv) field preparation as well as packaging and dispatch of trophies and the client’s taxidermy instructions to the designated taxidermist

(v) accommodations, bedding, washing, laundry and sanitary conveniences required

(vi) all catering and food as well as light and non-alcoholic drinks

(vii) cleaning, refuse removal, first aid, fire fighting and basic staff services

(viii) return to Bloemfontein Regional Airport after the hunt.

The terms of business dictate that in order to undertake the safari there are to be payments by the hunter as follow:

1). The hunter must pay a deposit of $1 000.00 to confirm the booking. For convenience of electronic bank transfer the full banking account details are given here:

Account Name: Andrew McLaren Safaris
Account Number 62056606505
Account Type: Current
Bank Name: First National Bank
Branch Name: Preller Square, Bloemfontein
Branch Code: 230234
Swift Code: FIRNZAJJ

2). A final payment of $ 1 500.00 and any applicable trophy fees for additional animals hunted or wounded, must be made at the end of the hunt on 20 May 2006 prior to departure from the hunting area. In case (highly unlikely) the hunter fails to get one of the offered trophy animals the amount payable at the end of the hunt will be reduced by $ 750.00 for failure to get a black wildebeest and by $ 250.00 for failure to get a springbok or blesbok.

Provided that the accommodation facilities are not pre-booked by another party, additional hunting days may be requested at the end of the hunt at a daily rate of $ 350 per day, for which payment must be paid prior to the hunter’s departure from the hunting area.

On cancellation of the hunt for any reason whatsoever by the client the deposit shall be forfeited. Upon cancellation of the hunt for any reason whatsoever by Andrew McLaren Safaris the full deposit paid will be repaid to the client.

Signed________________________

____________________ End of Booking Contract_________________