(1) Prior to engaging in any activity as an outfitter, an outfitter shall provide a written contract to the client signed by both the outfitter and the client, stating at least the following terms:
(a) Type of services to be provided;
(b) Dates of service;
(c) Transportation arrangements;
(d) Costs of the services;
(e) Ratio of clients to guides; and
(f) The outfitter's policy regarding cancellation of the contract and refund of any deposit.
(2) 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 the contract or agreement if the outfitter has failed to comply with the provisions of this article 145.
(3) Any written contract provided in accordance with this section must also contain a written statement that, pursuant to section 12-145-108 (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.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 975, � 1, effective October 1.
Editor's note: This section is similar to former � 12-55.5-109 as it existed prior to 2019.
12-145-113. Other remedies - contracts void - public nuisance - seizure of equipment. (1) Every agreement or contract for the services of an outfitter shall be void and unenforceable by the outfitter unless the outfitter is duly registered with the division under the provisions of this article 145 when the services are contracted for and performed.
(2) Every motor vehicle, trailer, vessel, firearm, weapon, trap, equipment, livestock, or other personal property used in outfitting services in violation of the provisions of this article 145 is declared to be a class 2 public nuisance. Unless in conflict with the specific provisions of this section, the provisions of article 13 of title 16 shall apply to any action taken pursuant to this section.
(3) (a) Any personal property subject to seizure under this section that is seized as a part of or incident to a criminal proceeding for violation of this article 145 and for which disposition is not provided by another statute of this state shall be disposed of as provided in this section.
(b) The court may order the property sold in the manner provided for sales on execution.
(c) The proceeds of the sale shall be applied as follows:
(I) To the fees and costs of removal and sale;
(II) To the payment of any costs the state has incurred from the action; and
(III) The balance, if any, to the office of the district attorney who has brought the action.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 976, � 1, effective October 1.
Editor's note: This section is similar to former � 12-55.5-110 as it existed prior to 2019.