Operator Agreement
Version 2026-10-06 · Effective 6 October 2026
Section 1Introduction and Acceptance
1.1Parties
This Operator Agreement (“Agreement”) is entered into between:
Shoot & Cast (Pty) Ltd, a company duly incorporated in accordance with the laws of the Republic of South Africa (“Shoot & Cast”), and the individual, company, close corporation, partnership or other legal entity applying to become an approved operator on the Shoot & Cast Platform (“Operator”). Shoot & Cast and the Operator are collectively referred to as the “Parties” and individually as a “Party”.
1.2Purpose
The purpose of this Agreement is to regulate the commercial relationship between Shoot & Cast and the Operator. Under this Agreement, Shoot & Cast provides an online marketplace through which approved Operators may advertise and sell hunting, fishing and related outdoor Experiences to Customers, including Guided / Land-Based Fishing, Vessel-Based Fishing Charters, Hunting Outfitter Experiences and Game Farm hunting Experiences and approved Travel Agency Packages. The Operator remains solely responsible for planning, managing and delivering the Experiences offered through the Platform. Where the Operator is a Travel Agency, it remains solely responsible for the lodges, outfitters, Professional Hunters, charter operators, guides and other third-party suppliers used to fulfil each Package.
1.3Nature of the Relationship
The Operator acknowledges that Shoot & Cast operates solely as an independent booking platform.
Nothing contained in this Agreement shall be interpreted as creating:
- an employment relationship;
- a partnership;
- a joint venture;
- a franchise;
- a fiduciary relationship; or
- a general agency relationship
between Shoot & Cast and the Operator. The Operator conducts business independently and remains solely responsible for its own operations, employees, Professional Hunters, skippers, guides, contractors, licences, insurance, taxes and legal obligations.
1.4Acceptance
The Operator accepts this Agreement by:
- electronically accepting it through the Platform;
- signing it electronically or physically;
- submitting an application to become an Operator;
- uploading listings to the Platform; or
- accepting Bookings through the Platform.
Such acceptance constitutes a legally binding agreement between Shoot & Cast and the Operator.
1.5Incorporation of Other Documents
This Agreement must be read together with:
- the Shoot & Cast Terms & Conditions;
- the Privacy Policy;
- the Operator Code of Conduct;
- any Booking Policies published by Shoot & Cast;
- the applicable commercial schedule;
- any commission or subscription schedule;
- any written amendments agreed by the Parties; and
- any policies expressly incorporated into this Agreement.
Where a conflict exists between this Agreement and the public Terms & Conditions regarding the commercial relationship between Shoot & Cast and the Operator, this Agreement shall prevail.
1.6Good Faith
The Parties undertake to conduct their commercial relationship honestly, professionally and in good faith. Each Party agrees to cooperate reasonably with the other in promoting the success, reputation and integrity of the Shoot & Cast Platform while respecting the rights and obligations created by this Agreement.
1.7Independent Legal Obligations
The Operator acknowledges that it has had the opportunity to obtain independent legal, financial and tax advice before entering into this Agreement. The Operator further acknowledges that it fully understands the obligations assumed under this Agreement and enters into it voluntarily.
1.8Effective Date
This Agreement becomes effective on the date the Operator is approved by Shoot & Cast or on the date the Operator first accepts this Agreement electronically, whichever occurs first. The Agreement shall remain in force until terminated in accordance with its terms.
Section 2Definitions
For the purposes of this Operator Agreement, unless the context indicates otherwise, the following words and
expressions shall have the meanings assigned to them below:
2.1Agreement
“Agreement” means this Operator Agreement together with all schedules, annexures, policies and documents expressly incorporated into it, as amended from time to time in accordance with its terms.
2.2Booking
“Booking” means a reservation for an Experience submitted by a Customer through the Shoot & Cast Platform and accepted by the Operator in accordance with this Agreement.
2.3Booking Confirmation
“Booking Confirmation” means the electronic confirmation issued through the Platform once a Booking has been accepted and confirmed.
2.4Business Day
“Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
2.5Commission
“Commission” means the fee payable by the Operator to Shoot & Cast for successfully facilitating a Booking through the Platform, calculated in accordance with Schedule A. For a Travel Agency, the agreed flat Commission percentage applies to the Accommodation Component only, unless the Parties expressly agree otherwise in writing.
2.6Base Package Price
“Base Package Price” means the price set and submitted by the Operator for an Experience before application of Shoot & Cast’s Customer Price Adjustment. For direct Operators, Commission is calculated by reference to the Base Package Price. For a Travel Agency, Commission is calculated only on the Accommodation Component identified in the Package and Schedule A.
2.7Customer Price Adjustment
“Customer Price Adjustment” means the standard pricing adjustment applied by Shoot & Cast to the Base Package Price for the purpose of determining the Customer-Facing Price and contributing toward payment-processing, transaction and related payment-infrastructure costs incurred by Shoot & Cast. Unless otherwise recorded in Schedule A, the Customer Price Adjustment is three and one-half percent (3.5%) of the Base Package Price.
2.8Customer-Facing Price
“Customer-Facing Price” means the total package price displayed to and payable by the Customer through the Platform, calculated by applying the Customer Price Adjustment to the Base Package Price, before any separate optional goods or services not included in the original Booking.
2.9Customer
“Customer” means any individual or legal entity that creates an account on the Platform and books or attempts to book an Experience through Shoot & Cast.
2.10Experience
“Experience” means any hunting, fishing, accommodation, guided activity or other approved service offered by an Operator through the Platform, including Guided / Land-Based Fishing, Vessel-Based Fishing Charters, Hunting Outfitter Experiences and Game Farm hunting Experiences.
2.11Operator
“Operator” means the individual, company, close corporation, partnership, trust or other legal entity approved by Shoot & Cast to advertise and provide Experiences through the Platform in one or more approved Operator categories.
2.11AOperator Categories
An Operator may be approved in one or more of the following categories, subject to completion of the applicable onboarding and compliance requirements:
- Guided / Land-Based Fishing Operator - an Operator providing guided fishing Experiences where no vessel is used as part of the guided fishing activity;
- Vessel-Based Fishing Charter Operator - an Operator providing fishing Experiences using a vessel and subject to applicable vessel, skipper, fishing and safety requirements;
- Hunting Outfitter - an Operator lawfully providing outfitted hunting Experiences and using Professional Hunters where required; and
- Game Farm - an owner, lawful occupier or authorised rights-holder of a game farm or hunting property approved to offer hunting Experiences, subject to applicable property, enclosure, exemption, hunting and conservation authorisations.
- Travel Agency - an approved travel agency or travel intermediary that markets and sells Packages incorporating accommodation and one or more services supplied by independent lodges, outfitters, Professional Hunters, charter operators, guides or other third-party suppliers. The Travel Agency remains solely responsible for its supplier relationships, supplier compliance and fulfilment of each Package.
Approval in one category does not constitute approval in another category. The Operator must satisfy the compliance requirements applicable to every category and Experience it offers.
2.11BTravel Agency
“Travel Agency” means an Operator approved by Shoot & Cast in the Travel Agency category to advertise and sell Packages involving accommodation and services supplied by one or more independent third-party suppliers.
2.11CAccommodation Component
“Accommodation Component” means the portion of a Travel Agency Package price specifically attributable to accommodation supplied by a represented lodge or accommodation establishment, excluding separately identified transfers, alcohol, gratuities, flights, activity fees, hunting or fishing services, permit fees and other non-accommodation components unless expressly agreed otherwise in Schedule A.
2.12Approved Operator
“Approved Operator” means an Operator that has successfully completed Shoot & Cast’s approval process and remains authorised to advertise and accept Bookings through the Platform. Approval may be suspended or withdrawn in accordance with this Agreement.
2.13Platform
“Platform” means the Shoot & Cast website, any mobile applications, booking systems, payment systems, software, databases and related digital services operated by Shoot & Cast.
2.14Package
“Package” means the specific Experience offered for booking through the Platform, including the inclusions, exclusions, duration, pricing and other terms published by the Operator.
2.15Payout
“Payout” or “Settlement” means an amount allocated and settled to the Operator through Shoot & Cast’s authorised payment service provider under the applicable split-payment, subaccount or equivalent settlement arrangement, after accounting for Commission and any other lawful deductions.
2.15APayment Service Provider
“Payment Service Provider” means an authorised third-party payment processor appointed by Shoot & Cast to process Customer payments and related settlements. Shoot & Cast currently uses Paystack South Africa (Pty) Ltd (“Paystack”), but may appoint another authorised provider where reasonably necessary.
2.15BOperator Subaccount
“Operator Subaccount” means the subaccount, recipient profile or equivalent payment-provider settlement profile linked to the Operator’s nominated South African bank account for purposes of receiving the Operator’s allocated share of Customer payments.
2.15CSplit Settlement
“Split Settlement” means the payment-provider functionality through which a Customer payment is allocated between Shoot & Cast and the Operator and settled to their respective nominated accounts in accordance with the payment-provider configuration, rules and payout schedule.
2.16Subscription
“Subscription” means any recurring or periodic fee payable by the Operator to Shoot & Cast in exchange for access to subscription-based services or benefits offered by the Platform.
2.17Operator Agreement
“Operator Agreement” means this Agreement together with any schedules, annexures, amendments, commercial terms and documents expressly incorporated into it.
2.18User
“User” means any person or legal entity using the Platform, including Customers, Operators and authorised representatives.
2.19Force Majeure Event
“Force Majeure Event” means any event beyond the reasonable control of the affected Party, including but not limited to natural disasters, severe weather, dangerous sea conditions, floods, fires, pandemics, strikes, government restrictions, civil unrest, acts of terrorism, war, communication failures or other events that materially prevent or delay performance under this Agreement.
2.20Intellectual Property
“Intellectual Property” includes all copyrights, trade marks, logos, business names, domain names, software, databases, confidential information, marketing materials, photographs, videos and all other intellectual property rights recognised under applicable law.
2.21Confidential Information
“Confidential Information” means any non-public commercial, financial, operational, technical or business information disclosed by one Party to the other in connection with this Agreement, whether in written, electronic, verbal or any other form.
Confidential Information excludes information that:
- is publicly available through no breach of this Agreement;
- is lawfully obtained from an independent third party;
- is independently developed without reference to the confidential information; or
- is required by law or court order to be disclosed.
2.22Interpretation
Unless the context clearly indicates otherwise:
- words importing the singular include the plural and vice versa;
- words importing one gender include every gender;
- references to a person include natural persons and legal entities;
- references to legislation include amendments and replacement legislation;
- the words “including”, “includes” and “in particular” are illustrative only and do not limit the words preceding them;
- headings are for convenience only and do not affect interpretation; and
- references to writing include electronic communications recognised by applicable law.
Section 3Appointment as an Approved Operator
3.1Appointment
Once approved by Shoot & Cast, the Operator is granted the right to advertise and offer approved Experiences through the Shoot & Cast Platform, subject to this Agreement and any other policies that apply. Approval as an Operator does not guarantee any minimum number of Bookings, income or business opportunities.
3.2Independent Business
The Operator confirms that they operate as an independent business. The Operator is not an employee, partner, agent or representative of Shoot & Cast and has no authority to enter into agreements or make promises on behalf of Shoot & Cast. The Operator remains fully responsible for the operation of their own business at all times.
3.3Operator Responsibilities
By joining the Platform, the Operator agrees to:
- operate honestly and professionally;
- deliver Experiences as advertised;
- comply with all applicable laws;
- maintain all required licences and permits;
- maintain any required insurance;
- provide accurate information to Customers;
- communicate promptly with Customers and Shoot & Cast; and
- protect the reputation of the Platform.
3.4Shoot & Cast Responsibilities
Shoot & Cast agrees to:
- operate and maintain the booking Platform;
- market the Platform and promote Experiences;
- facilitate Bookings and Customer payment processing through the authorised Payment Service Provider in accordance with this Agreement;
- provide reasonable customer support relating to the Platform;
- administer payments, refunds and Booking records where applicable; and
- communicate Booking information to the Operator.
Shoot & Cast does not guarantee the success of the Operator’s business or the number of Customers who will use the Platform.
3.5Approval Process
Every Operator must successfully complete Shoot & Cast’s approval process before being permitted to advertise or accept Bookings through the Platform. Shoot & Cast may request any information or supporting documents reasonably necessary to evaluate an application. Approval is granted entirely at the discretion of Shoot & Cast.
3.6Continuing Approval
Approval is not permanent.
To remain an Approved Operator, the Operator must continue to:
- comply with this Agreement;
- maintain all required licences, permits and insurance;
- provide accurate listings;
- meet reasonable customer service standards;
- cooperate with Shoot & Cast; and
- operate in a manner that protects the reputation of the Platform.
Shoot & Cast may review an Operator’s compliance at any time.
3.7No Exclusivity
This Agreement does not prevent the Operator from advertising or selling Experiences through other lawful platforms or their own business. Likewise, Shoot & Cast may approve and advertise other Operators offering similar Experiences in the same region. Nothing in this Agreement creates an exclusive business relationship unless expressly agreed in writing.
3.8Relationship with Customers
The Operator acknowledges that the agreement for the delivery of the booked Experience is between the Operator and the Customer. Shoot & Cast facilitates the Booking, payment administration and communication process but does not become the provider of the Experience. The Operator remains solely responsible for delivering the Experience in accordance with the Booking Confirmation and applicable law. Where the Operator is a Travel Agency, the Travel Agency remains the party responsible to the Customer for arranging and managing the underlying suppliers used to fulfil the Package, and Shoot & Cast does not become the organiser or provider of those supplier services.
3.9Good Faith
The Parties agree to work together honestly, professionally and in good faith. Each Party shall make reasonable efforts to resolve operational issues cooperatively and to maintain the integrity, reputation and long-term success of the Shoot & Cast Platform.
3.10Right to Refuse or Withdraw Approval
Shoot & Cast reserves the right to refuse an application or withdraw an Operator’s approval where it reasonably
believes that:
- the Operator no longer meets the Platform’s standards;
- required licences, permits or insurance are not maintained;
- the Operator has provided false or misleading information;
- continued participation may expose Customers or Shoot & Cast to unreasonable legal, financial, operational or
reputational risk; or
- the Operator has materially breached this Agreement.
Where reasonably practicable, Shoot & Cast will communicate the reasons for its decision. Nothing in this section limits any rights available to Shoot & Cast under this Agreement or applicable law.
Section 4Operator Application and Approval Requirements
4.1Application Process
A person or business wishing to become an Operator must submit an application to Shoot & Cast and provide all information and supporting documents reasonably required as part of the onboarding process. Submitting an application does not guarantee approval. Shoot & Cast will assess each application before any Operator profile or Experience listing is published on the Platform.
4.2Approval and Onboarding
An Operator may only begin offering Experiences through the Platform after Shoot & Cast has:
- reviewed the Operator’s application;
- received the required information and supporting documents;
- approved the Operator;
- entered into this Agreement with the Operator; and
- approved the Experiences intended to be published.
Shoot & Cast will not publish an Operator or Experience listing until the required approval process has been completed. Approval may be communicated electronically or in writing through the Operator onboarding process.
4.3Information Required
As part of the application and approval process, Shoot & Cast may require the Operator to provide information
including:
- the Operator’s full legal name or registered business name;
- company or business registration details, where applicable;
- identity or passport information for the Operator or authorised representative;
- contact details;
- physical and postal addresses;
- ownership or authorised representative information;
- valid South African banking details;
- emergency contact information; and
- any other information reasonably required to evaluate and administer the application.
The Operator confirms that all information provided to Shoot & Cast is true, accurate, complete and not misleading.
4.4South African Bank Account
Every Operator must maintain a valid South African bank account capable of receiving settlements in South African Rand through the authorised Payment Service Provider. This requirement also applies where an Experience takes place outside South Africa. Shoot & Cast will not be required to facilitate Operator settlements into a foreign bank account unless Shoot & Cast expressly agrees otherwise in writing.
4.5Licences, Permits, Registrations and Insurance
The Operator must provide proof of all licences, permits, registrations, approvals, permissions and insurance required for the lawful operation of its business and delivery of its Experiences. The documents required will depend on the Operator category, location, property, species, fishing method, hunting method and other legal requirements applicable to the Experience.
Without limiting the general obligation above, Shoot & Cast may require the following where applicable:
- for Guided / Land-Based Fishing: identity details for the responsible person or lead guide; applicable recreational, provincial, protected-area, access, concession, tourism, guiding or species-specific permits or authorisations; landowner, venue or controlling-authority permission where required; protected-area or Marine Protected Area authorisations where required; and relevant guide qualifications or permits where applicable;
- for Vessel-Based Fishing Charters: vessel registration and documentation; certificates of fitness or other applicable vessel safety certificates; skipper qualifications or certificates; fishing licences or permits; concessions; passenger or commercial operating approvals; and other vessel, maritime or safety documentation required by law;
- for Hunting Outfitters: Hunting Outfitter registrations, licences or permits; Professional Hunter registrations, licences or permits; landowner or property authority where required; hunting permits; conservation authorisations; and other applicable hunting documentation;
- for Game Farms: property and owner or lawful-occupier information; proof of landowner authority, lease, hunting rights or other lawful authority where the Operator is not the owner; certificates of adequate enclosure; exemption permits or certificates, including P3 exemption permits where applicable; game farm registrations or permits; provincial hunting permits; species-specific, TOPS, closed-season, method-specific or other hunting authorisations where applicable; and other documentation required for lawful hunting on the property;
- business registration documents, valid South African banking details, public liability or other insurance where required, vehicle or transport permits, accommodation approvals and any additional documentation required by applicable law or reasonably requested by Shoot & Cast.
The Operator remains solely responsible for determining which legal requirements apply to its business and each Experience. Shoot & Cast’s review, approval or storage of documents does not transfer any legal or regulatory responsibility from the Operator to Shoot & Cast and does not constitute regulatory certification.
4.5ATravel Agency Verification and Supplier Responsibility
A Travel Agency is not required to submit to Shoot & Cast every underlying supplier licence, permit or operating document as part of its standard onboarding. As part of verification, the Travel Agency shall identify the lodges it represents and provide a contact number for each lodge so that Shoot & Cast may, at its discretion, confirm the agency relationship. Where a lodge cannot be located through the Platform’s location search, the Travel Agency may submit the lodge name manually. The Travel Agency warrants that it is authorised to market and sell Packages involving every lodge or supplier it lists.
The Travel Agency remains solely responsible for verifying, before accepting and throughout every Booking, that every lodge and third-party supplier used to fulfil the Package holds and maintains all licences, permits, registrations, insurance, approvals, safety documentation and other legal authority required for the relevant activity and jurisdiction. This includes, where applicable, fishing licences and permits, vessel and skipper compliance, charter and maritime approvals, hunting outfitter and Professional Hunter licences, property permissions, hunting permits, conservation approvals, accommodation requirements and any other legal or regulatory requirement. Shoot & Cast does not assume this supplier-verification responsibility.
The Travel Agency is responsible for the acts, omissions, performance, safety, legal compliance and service delivery of the suppliers it selects or represents for a Package, subject to applicable law. Shoot & Cast’s role is limited to providing the marketplace, marketing, booking and payment-facilitation functionality described in this Agreement.
4.6Experiences Taking Place Outside South Africa
Where an Operator provides an Experience outside South Africa, the Operator must comply with all laws, permits, licences, insurance requirements and operating standards applicable in the country where the Experience takes place. The Operator remains responsible for confirming that the Experience may lawfully be advertised, booked and delivered. Shoot & Cast’s approval of the Operator or listing does not constitute confirmation that the Operator complies with every requirement of the foreign jurisdiction.
4.7Experience Information
Before an Experience may be published, the Operator must provide sufficient information for Shoot & Cast to create or approve the listing.
This may include:
- the Experience description;
- location;
- duration;
- available dates or seasons;
- pricing;
- required deposit;
- payment schedule;
- maximum and minimum participant numbers;
- package inclusions;
- package exclusions;
- accommodation details;
- transport arrangements;
- equipment provided;
- physical or medical requirements;
- cancellation conditions;
- hunting species or fishing opportunities;
- separately allocated animal values, where applicable;
- photographs or videos; and
- any special conditions or restrictions.
Shoot & Cast may require changes where information is unclear, incomplete, misleading or inconsistent with the standards of the Platform.
4.8Experience Standards
Every Experience offered through the Platform must be:
- lawful;
- accurately described;
- professionally managed;
- reasonably suitable for paying Customers;
- delivered by suitably qualified persons where required;
- supported by the necessary equipment and facilities; and
- conducted with reasonable regard for Customer safety.
Shoot & Cast may establish and update reasonable minimum listing, service and quality standards for Operators.
4.9Verification
Shoot & Cast may verify information supplied by an Operator before or after approval.
Verification may include:
- reviewing documents;
- contacting references;
- confirming registrations or qualifications;
- reviewing publicly available information;
- requesting further explanations or supporting evidence;
- conducting an interview; or
- arranging a reasonable inspection or meeting where appropriate.
Any verification undertaken by Shoot & Cast is for the Platform’s internal approval and risk-management purposes. It does not constitute a certification, guarantee, endorsement or warranty that the Operator will remain legally compliant or perform every Experience successfully.
4.10Approval Decision
Shoot & Cast may approve or decline an application after considering factors including:
- the completeness and reliability of the application;
- legal and regulatory compliance;
- safety standards;
- insurance;
- industry experience;
- reputation;
- quality of the proposed Experiences;
- customer-service capability; and
- the suitability of the Operator for the Platform.
Shoot & Cast is not required to approve an applicant merely because the applicant submitted all requested documents. Approval remains a lawful business decision made by Shoot & Cast based on the overall suitability of the Operator and the Experiences offered.
4.11Continuing Approval
Approval is not permanent or unconditional.
To remain an Approved Operator, the Operator must continue to:
- comply with this Agreement;
- maintain all required licences, permits, registrations and insurance;
- keep its information and listings accurate;
- meet the Platform’s reasonable quality and service standards;
- cooperate with Shoot & Cast;
- deliver confirmed Experiences professionally; and
- avoid conduct that creates an unreasonable safety, legal, financial or reputational risk.
Shoot & Cast may review an Operator’s approval status at any time.
4.12Duty to Notify Shoot & Cast
The Operator must notify Shoot & Cast promptly if:
- any required licence, permit, registration or insurance expires, lapses, is suspended or is revoked;
- the Operator becomes unable to lawfully deliver an advertised Experience;
- the business ownership or legal structure changes;
- the Operator’s banking details change;
- material legal proceedings, regulatory investigations or criminal investigations arise;
- a serious safety incident affects the Operator’s business;
- the Operator becomes insolvent or financially unable to deliver confirmed Bookings; or
- any material information previously supplied to Shoot & Cast becomes inaccurate.
The Operator must not continue accepting Bookings for an Experience that it cannot lawfully or properly deliver.
4.13Updated Information and Documents
Shoot & Cast may request updated information or documentation at any reasonable time. The Operator must provide the requested information within the period reasonably specified by Shoot & Cast. Shoot & Cast may temporarily suspend the Operator or affected listings until the requested information has been provided and reviewed.
4.14Withdrawal of Approval
Shoot & Cast may suspend or withdraw approval where the Operator:
- no longer meets the approval requirements;
- provides false, incomplete or misleading information;
- fails to maintain the required legal documents or insurance;
- repeatedly fails to deliver Experiences as confirmed;
- presents an unreasonable risk to Customers;
- materially breaches this Agreement; or
- engages in conduct that may seriously harm the Platform or the Shoot & Cast brand.
Where reasonably practicable, Shoot & Cast will inform the Operator of the reason and allow the Operator an opportunity to respond. Shoot & Cast may take immediate action where necessary to protect Customers, comply with applicable law or prevent serious harm.
4.15No Guaranteed Right to Listing
Approval as an Operator does not guarantee that every proposed Experience will be published or remain published. Shoot & Cast may approve, reject, pause, amend or remove individual listings in accordance with this Agreement. The Operator’s ability to remain on the Platform depends on continuing compliance, performance and suitability.
Section 5Operator Warranties and Commitments
5.1General Commitment
By entering into this Agreement, the Operator confirms that the information provided to Shoot & Cast is true, accurate and complete. The Operator further agrees to operate its business honestly, professionally and in accordance with this Agreement, applicable law and recognised industry standards.
5.2Authority to Enter this Agreement
The Operator confirms that they have the legal authority to enter into this Agreement. Where the Operator is a company, close corporation, partnership or other legal entity, the person signing or accepting this Agreement confirms that they are authorised to bind that business.
5.3Right to Operate
The Operator confirms that they lawfully operate the business and have the legal right to advertise, market and provide every Experience listed on the Shoot & Cast Platform. The Operator further confirms that they will maintain all required licences, permits, registrations and approvals throughout the duration of this Agreement.
5.4Accuracy of Listings
The Operator guarantees that all information published on the Platform is accurate at the time it is submitted.
This includes, but is not limited to:
- pricing;
- package descriptions;
- accommodation;
- photographs;
- hunting species;
- fishing opportunities;
- package inclusions and exclusions;
- availability;
- equipment provided;
- safety information; and
- any other information relevant to the Customer.
The Operator agrees to update any inaccurate or outdated information without unreasonable delay.
5.5Ability to Deliver Bookings
The Operator confirms that they have the necessary staff, equipment, facilities, experience and resources to deliver every Experience that they accept through the Platform. The Operator shall not knowingly accept a Booking that they cannot properly deliver.
5.6Professional Conduct
The Operator agrees to conduct business in a professional, respectful and ethical manner. The Operator shall treat all Customers fairly and without unlawful discrimination and shall use reasonable efforts to provide a high standard of customer service.
5.7Legal Compliance
The Operator confirms that they will comply with all applicable laws, regulations and industry requirements relating to:
- hunting;
- fishing;
- firearms;
- boating;
- accommodation;
- transport;
- employment;
- taxation;
- environmental protection;
- conservation; and
- any other legal obligations applicable to their business.
5.8Safety Commitment
The Operator commits to taking reasonable steps to provide a safe operating environment for Customers, employees, contractors and other participants. The Operator remains responsible for implementing appropriate safety procedures and complying with all legal safety requirements applicable to the Experiences they provide.
5.9Insurance Commitment
The Operator confirms that they maintain all insurance required by law and any additional insurance reasonably necessary for the operation of their business. The Operator agrees to provide updated proof of insurance to Shoot & Cast whenever reasonably requested.
5.10Honest Dealings
The Operator agrees that they will not knowingly:
- mislead Customers;
- publish false information;
- submit inaccurate pricing;
- conceal material facts;
- manipulate reviews;
- make false promises;
- engage in fraudulent conduct; or
- damage the reputation of Shoot & Cast.
5.11Duty to Notify Shoot & Cast
The Operator agrees to notify Shoot & Cast as soon as reasonably practicable if any event occurs that may materially affect their ability to deliver Bookings.
This includes:
- loss of licences or permits;
- cancellation of insurance;
- insolvency;
- serious accidents;
- criminal investigations relating to the business;
- regulatory action;
- ownership changes; or
- any other event likely to affect Customers or the Platform.
5.12Ongoing Commitments
The commitments contained in this section apply throughout the duration of this Agreement and not only at the time the Operator joins the Platform. The Operator acknowledges that Shoot & Cast relies upon these commitments when approving the Operator, publishing Experiences and accepting Bookings on the Operator’s behalf.
Section 6Legal Compliance, Licences, Permits and Insurance
6.1General Responsibility
The Operator is solely responsible for ensuring that its business is conducted lawfully at all times. The Operator shall comply with all applicable laws, regulations, licence conditions and industry standards relevant to its business and every Experience offered through the Shoot & Cast Platform. Nothing in this Agreement transfers those responsibilities to Shoot & Cast.
6.2Licences and Registrations
The Operator shall obtain, maintain and renew every licence, registration, permit, certificate, approval, consent, concession, permission and authorisation required to lawfully operate its business and deliver each Experience.
The specific requirements depend on the Operator category and may include, where applicable:
- Professional Hunter and Hunting Outfitter registrations, licences or permits;
- game farm registrations, permits, certificates of adequate enclosure, exemption or P3 exemption documents, provincial hunting permits and species-specific, TOPS, closed-season or method-specific authorisations;
- landowner permissions, leases, hunting-rights agreements, access agreements or concessions;
- recreational, provincial, protected-area, access, concession, tourism, guiding or species-specific fishing permits and authorisations;
- skipper qualifications, vessel registrations, certificates of fitness and other applicable maritime or passenger-safety approvals;
- accommodation, transport, tourism, firearm-related or other operational approvals; and
- any other approval required by applicable law.
The Operator remains solely responsible for determining which legal requirements apply and for ensuring that every required document remains current and valid for the relevant Experience.
6.3Insurance
The Operator shall maintain all insurance required by law and any additional insurance reasonably necessary for the proper operation of its business.
Where appropriate, this may include:
- public liability insurance;
- employer’s liability insurance;
- vehicle insurance;
- vessel insurance;
- passenger liability insurance;
- property insurance; and
- any other insurance appropriate to the Operator’s business.
Shoot & Cast may request updated proof of insurance at any reasonable time.
6.4Qualified Personnel
The Operator shall ensure that all persons involved in delivering an Experience are suitably qualified, experienced and legally permitted to perform their duties.
This includes, where applicable:
- Professional Hunters;
- skippers;
- guides;
- drivers;
- instructors;
- employees; and
- contractors.
The Operator remains responsible for the conduct and performance of those persons.
6.5Firearms and Hunting Compliance
Where the Operator offers hunting Experiences, the Operator shall ensure that all hunting activities are conducted in accordance with applicable legislation, conservation requirements and recognised ethical hunting practices.
A Hunting Outfitter remains responsible for maintaining all outfitter and Professional Hunter requirements applicable to its Experiences.
A Game Farm Operator remains responsible for establishing and maintaining the lawful basis on which hunting occurs on the property, including property ownership or lawful authority, landowner permission where applicable, enclosure or exemption documentation, game farm registrations or permits, provincial hunting permits and any species-specific, TOPS, closed-season, method-specific or other authorisation required for a particular hunt.
Where a Game Farm offers an Experience to an international or foreign hunter, the Game Farm Operator must ensure that a duly licensed Hunting Outfitter and Professional Hunter are appointed and involved where required by applicable law before that Experience is conducted.
The Operator remains responsible for all hunting permits, conservation requirements, quotas, landowner permissions and firearm-related obligations within the Operator’s control. Customers remain responsible for their own firearm licences, import or export permits and personal legal compliance where applicable.
6.6Fishing Compliance
Where the Operator offers fishing Experiences, the Operator shall comply with all applicable fishing, conservation, access, protected-area, maritime and safety requirements relevant to the particular Experience.
A Guided / Land-Based Fishing Operator is not required by Shoot & Cast to provide vessel or skipper documentation where no vessel is used. The Operator must, however, maintain all fishing licences, permits, concessions, access permissions, landowner or venue permissions, protected-area authorisations and guide qualifications or authorisations that are legally applicable to the locations and activities offered.
A Vessel-Based Fishing Charter Operator must maintain all legally required vessel registrations, certificates of fitness or other safety certificates, skipper qualifications or certificates, passenger-safety equipment, fishing licences or permits, concessions and other maritime or operating approvals applicable to the vessel and Experience.
For every fishing Experience, the Operator is responsible for ensuring, before fishing begins, that each participating Customer holds all fishing licences, permits or authorisations legally required for that Customer, location, activity and species. Where a permit must be issued in the Customer’s own name, the Operator shall provide reasonable instructions or assistance and verify, to the extent reasonably practicable, that the required permit has been obtained before participation.
6.7Cross-Border Operations
Where an Experience takes place outside South Africa, the Operator remains solely responsible for complying with the laws, regulations, permits, insurance requirements and operating standards of the country in which the Experience is conducted. The Operator shall ensure that it is legally entitled to conduct business in that jurisdiction.
6.8Ongoing Compliance
The obligations contained in this section apply continuously throughout the duration of this Agreement.
The Operator shall immediately notify Shoot & Cast if:
- any required licence, permit or registration expires, is suspended or is revoked;
- required insurance lapses or is cancelled;
- a legal or regulatory authority restricts the Operator’s business;
- the Operator becomes aware of any circumstance that may materially affect its legal ability to deliver
Experiences; or
- any information previously provided to Shoot & Cast is no longer accurate.
6.9Audits and Verification
Shoot & Cast may, upon reasonable notice, request updated documentation or information necessary to verify the Operator’s ongoing compliance with this Agreement. The Operator agrees to cooperate reasonably with such requests. Failure to provide requested documentation within a reasonable period may result in the temporary suspension of listings or other action in accordance with this Agreement.
6.10No Assumption of Responsibility by Shoot & Cast
Any review, verification or acceptance of licences, permits, registrations, insurance or other documentation by Shoot & Cast is performed solely for its own internal approval and risk management purposes. Such review does not constitute legal certification, regulatory approval, ongoing supervision or a guarantee that the Operator complies with applicable law. The Operator remains solely responsible for the lawful operation of its business and for the delivery of every Experience offered through the Platform.
Section 7Experience Listings and Platform Standards
7.1Accurate Listings
The Operator is solely responsible for ensuring that every Experience listed on the Shoot & Cast Platform is accurate, complete and not misleading. All information published by the Operator must fairly represent the Experience that will be delivered to the Customer.
7.2Required Listing Information
Before an Experience may be published, the Operator shall provide all information reasonably required by Shoot &
Cast, including where applicable:
- the name of the Experience;
- the location;
- the duration;
- available dates or seasons;
- the number of participants permitted;
- pricing;
- required deposit;
- balance payment requirements;
- package inclusions;
- package exclusions;
- accommodation details;
- transport arrangements;
- hunting species or fishing opportunities;
- equipment supplied by the Operator;
- equipment the Customer must bring;
- physical fitness requirements;
- any age restrictions;
- photographs or videos;
- cancellation conditions; and
- any other information reasonably required by Shoot & Cast.
7.3Pricing
The Operator is responsible for ensuring that all advertised prices are accurate. Prices must clearly indicate what is included in the advertised Experience. The Operator shall not advertise misleading prices or intentionally omit compulsory charges that materially affect the total cost of the Experience.
7.4Hunting Packages
Where an Experience includes hunting, the Operator shall clearly state:
In addition, every hunting Experience must include a clearly visible hunting refund and unharvested-animal policy in the designated policy or terms field on the Platform. The Operator must complete this field before the Experience is published. The policy must state the Operator’s own rules where one or more included animals are not harvested, including any refund, credit, substitution or rescheduling option and the conditions applicable to that remedy. The policy forms part of the Experience-specific terms disclosed to the Customer before Booking.
- the species included;
- the number of animals included;
- the allocated value of each included animal, where applicable;
- the accommodation included;
- meals included;
- hunting days;
- arrival and departure arrangements;
- trophy preparation included in the package, if any;
- and any additional costs that may become payable.
The Operator shall also clearly identify any services or charges that are not included in the package, including where
applicable:
- additional animals;
- trophy upgrades;
- wounded animal charges;
- taxidermy;
- dip and pack services;
- meat processing;
- ammunition;
- firearm hire;
- transport;
- accommodation extensions;
- observer fees; and
- any other optional services.
7.5Fishing Packages
Where an Experience includes fishing, the Operator shall clearly state:
- the target species;
- the fishing method;
- the duration of the trip;
- the departure location;
- accommodation included, if any;
- meals included, if any;
- fishing equipment provided;
- bait and tackle provided;
- maximum number of participants;
- and any additional costs that may apply.
The Operator shall not guarantee catches or particular fish species unless such guarantees can lawfully and reasonably be honoured.
The Operator is responsible for ensuring that all participating Customers hold any fishing licences, permits or authorisations required for the Experience before fishing begins, including by providing reasonable instructions or assistance where a permit must be obtained in the Customer’s own name.
7.6Photographs and Marketing Material
All photographs, videos, logos and promotional material supplied by the Operator must accurately represent the Experience being offered. The Operator confirms that it owns, or has the legal right to use, all content submitted to Shoot & Cast. The Operator grants Shoot & Cast the right to use such content for the operation, promotion and marketing of the Platform in accordance with this Agreement.
7.7Changes to Listings
The Operator must promptly update any listing where material information changes.
This includes changes to:
- pricing;
- availability;
- accommodation;
- package inclusions;
- licences or permits affecting the Experience;
- safety information; or
- any other information that may influence a Customer’s decision to book.
Shoot & Cast may temporarily pause a listing until updated information has been received.
7.8Listing Standards
Shoot & Cast may establish reasonable standards relating to the quality, format, presentation and content of Experience listings. Where a listing does not meet those standards, Shoot & Cast may require reasonable amendments before publishing or continuing to display the listing.
7.9Right to Edit Listings
To maintain consistency across the Platform, Shoot & Cast may correct spelling, grammar, formatting, layout or presentation of a listing without changing the commercial meaning of the Experience. Shoot & Cast shall not materially alter pricing, package inclusions or other significant commercial terms without the Operator’s approval.
7.10Suspension or Removal of Listings
Shoot & Cast may suspend, reject or remove an individual Experience listing where it reasonably believes that the
listing:
- contains inaccurate or misleading information;
- breaches this Agreement;
- breaches applicable law;
- creates an unreasonable safety risk;
- damages the reputation of the Platform;
- receives repeated substantiated complaints; or
- no longer meets the Platform’s standards.
Where reasonably practicable, Shoot & Cast will notify the Operator of the reason and allow the Operator an opportunity to correct the issue before permanently removing the listing.
7.11Ongoing Quality
The Operator acknowledges that maintaining accurate, honest and professional listings is an ongoing obligation. The quality of Experience listings contributes directly to the reputation of both the Operator and Shoot & Cast, and the Operator agrees to maintain that standard throughout the duration of this Agreement.
Section 8Bookings and Booking Management
8.1Booking Requests
All Bookings shall be submitted through the Shoot & Cast Platform. A Booking request does not create a confirmed Booking until the Operator has accepted the request through the Platform and Shoot & Cast has issued a Booking Confirmation to the Customer.
8.2Response Time
The Operator shall respond to every Booking request as soon as reasonably possible.
Unless otherwise agreed by Shoot & Cast, the Operator must either:
- accept the Booking; or
- decline the Booking,
within 48 hours of receiving the Booking request. If no response is received within this period, Shoot & Cast may automatically cancel the Booking request and notify the Customer accordingly.
8.3Acceptance of Bookings
Before accepting a Booking, the Operator must ensure that:
- the requested dates are available;
- sufficient accommodation is available where applicable;
- the required staff and guides are available;
- the Experience can be delivered as advertised;
- all legal requirements can be met; and
- the Operator is reasonably satisfied that the Booking can be fulfilled.
The Operator shall not knowingly accept a Booking that cannot be properly delivered.
For a Travel Agency Booking, acceptance also constitutes confirmation by the Travel Agency that the represented lodge and all required suppliers are available, authorised, suitably qualified and legally able to fulfil the Package. The Travel Agency must complete any supplier confirmations required on its side before accepting the Booking.
8.4Declining a Booking
Where the Operator declines a Booking request, the Operator should provide a brief reason through the Platform where reasonably possible.
Examples include:
- unavailable dates;
- overbooking;
- maintenance;
- weather-related concerns known in advance;
- staffing shortages; or
- other legitimate operational reasons.
8.5Booking Confirmation
Once a Booking has been accepted, the Operator agrees to honour the Booking in accordance with:
- the Booking Confirmation;
- this Agreement;
- the Shoot & Cast Terms & Conditions; and
- applicable law.
The Operator shall not unreasonably cancel a confirmed Booking.
8.6Customer Communication
The Operator shall communicate professionally and promptly with Customers before, during and after an Experience. The Operator shall provide Customers with all reasonably necessary information before arrival, including:
- meeting locations;
- arrival times;
- equipment requirements;
- travel instructions;
- safety information;
- accommodation details; and
- any other relevant information.
8.7Changes After Confirmation
Where the Operator becomes aware of any circumstance that may affect a confirmed Booking, the Operator must notify Shoot & Cast immediately. No material change shall be made to a confirmed Booking without first informing Shoot & Cast and, where required, obtaining the Customer’s agreement.
8.8Overbookings
The Operator is responsible for maintaining accurate availability. The Operator shall take reasonable steps to avoid double bookings or overbooking. Where an overbooking occurs due to the Operator’s error, the Operator shall cooperate fully with Shoot & Cast in resolving the matter and shall remain responsible for any obligations arising under this Agreement or applicable law.
8.9Booking Records
The Operator shall maintain accurate records relating to every Booking, including:
- Customer information;
- dates;
- payments received from Shoot & Cast;
- package details;
- communications;
- permits where applicable; and
- any significant incidents relating to the Experience.
Such records shall be retained for the period required by applicable law.
8.10Customer Arrival
The Operator shall make reasonable arrangements to receive Customers at the agreed location and time. If the Customer fails to arrive as agreed, the Operator shall make reasonable efforts to contact the Customer before treating the Booking as a no-show.
8.11No-Show Customers
Where a Customer fails to arrive without reasonable notice, the Operator shall notify Shoot & Cast as soon as reasonably practicable. Any financial consequences shall be dealt with in accordance with the Booking terms, this Agreement and the applicable cancellation policy. The Operator shall not independently negotiate refunds that conflict with the Platform’s approved Booking arrangements without Shoot & Cast’s prior written approval.
8.12Repeated Operational Failures
Shoot & Cast may monitor the Operator’s performance, including response times, cancellation rates, communication standards and overall Booking management.
Where an Operator repeatedly:
- fails to respond to Booking requests;
- accepts Bookings that cannot be fulfilled;
- unreasonably cancels confirmed Bookings;
- provides poor communication;
- or otherwise fails to manage Bookings professionally,
Shoot & Cast may require corrective action, temporarily suspend listings, suspend Bookings or take any other reasonable action permitted under this Agreement. The purpose of these measures is to maintain a reliable and professional experience for Customers while protecting the reputation of both the Operator and the Platform.
Section 9Pricing and Package Requirements
9.1Operator Responsibility
The Operator is solely responsible for determining and submitting the Base Package Price of each Experience offered through the Shoot & Cast Platform. The Operator warrants that every Base Package Price submitted to Shoot & Cast is accurate, fair and capable of being honoured if a Booking is accepted. Shoot & Cast will use the Base Package Price as the underlying commercial price for calculating the Operator’s Commission and entitlement, while the Customer-Facing Price displayed on the Platform will include the Customer Price Adjustment described in this Agreement and Schedule A.
9.2Transparent Pricing
The Customer-Facing Price displayed on the Platform must clearly reflect the total package price payable by the Customer for the original booked Experience, subject to any clearly disclosed optional additions or legally required charges. The Operator shall not knowingly submit misleading Base Package Prices or intentionally omit compulsory components of the Experience. The Operator acknowledges that Shoot & Cast may apply the Customer Price Adjustment when converting the Base Package Price into the Customer-Facing Price.
9.2.1Customer Price Adjustment
Unless otherwise recorded in Schedule A, Shoot & Cast shall apply a standard three and one-half percent (3.5%) Customer Price Adjustment to the Base Package Price when determining the Customer-Facing Price. This adjustment is intended to contribute toward payment-processing, transaction and related payment-infrastructure costs incurred by Shoot & Cast, including costs arising from its authorised payment service provider.
9.2.2Processing Cost Variations
The Operator acknowledges that actual payment-processing costs may be lower or higher than the Customer Price Adjustment depending on the payment method, transaction type, domestic or international status, taxes, payment-provider pricing and other applicable charges. Where actual payment-processing costs are lower than the Customer Price Adjustment, Shoot & Cast shall retain the difference. Where actual payment-processing costs exceed the Customer Price Adjustment, Shoot & Cast shall absorb the excess from its own revenue and the Operator’s entitlement shall not be reduced merely because those processing costs exceed the adjustment.
9.2.3No Operator Entitlement to Customer Price Adjustment
The Customer Price Adjustment is retained and administered by Shoot & Cast and does not form part of the Operator’s Base Package Price, does not increase the Operator’s payout entitlement and is not included when calculating Shoot & Cast’s percentage Commission.
9.2.4Travel Agency Package Pricing and Accommodation Component
A Travel Agency shall clearly identify the Accommodation Component of each Package for Commission purposes. The Travel Agency’s agreed flat Commission rate recorded in Schedule A applies consistently to all of that Travel Agency’s Packages unless amended by written agreement, but the percentage is calculated only on the Accommodation Component. Other separately identified components, including transfers, alcohol, gratuities, flights, hunting or fishing service fees and similar extras, are excluded from the Commission calculation unless Schedule A expressly states otherwise.
9.3Package Inclusions
Every Experience listing must clearly specify the services included in the advertised price.
Where applicable, this should include:
- accommodation;
- meals;
- guiding services;
- Professional Hunter services;
- skipper services;
- boats or vehicles;
- fuel;
- fishing equipment;
- hunting opportunities;
- airport transfers, where included;
- permits included in the package; and
- any other services included in the advertised price.
9.4Package Exclusions
The Operator must clearly disclose all significant exclusions before a Booking is confirmed.
Where applicable, exclusions may include:
- travel to and from the destination;
- ammunition;
- firearm hire;
- taxidermy;
- dip and pack services;
- meat processing;
- trophy export costs;
- observer fees;
- alcohol and beverages;
- personal expenses;
- gratuities;
- additional accommodation;
- optional activities; and
- any other charges not included in the advertised package.
9.5Hunting Packages
Where a hunting Experience includes specific animals, the Operator shall clearly identify:
- the species included;
- the number of animals included;
- the allocated value of each included animal, where applicable;
- the hunting period;
- accommodation included;
- meals included; and
- any package conditions.
The Operator shall also clearly disclose that:
- additional animals;
- trophy upgrades;
- wounded animal charges;
- taxidermy;
- dip and pack services;
- meat processing;
- accommodation extensions;
- and any other optional services
are separate arrangements between the Customer and the Operator unless expressly included in the original Booking.
9.6Fishing Packages
The Operator shall accurately describe every fishing Experience, including:
- target species;
- fishing methods;
- trip duration;
- departure location;
- accommodation, where included;
- equipment supplied;
- maximum number of participants;
- and any additional costs that may reasonably arise.
The Operator shall not guarantee catches, specific fish species or weather conditions.
9.7Additional Charges
The Operator may charge for additional goods or services that are not included in the original Booking.
Examples include:
- additional hunting opportunities;
- additional fishing days;
- accommodation extensions;
- upgraded accommodation;
- upgraded trophies;
- equipment hire;
- transport;
- taxidermy;
- meat processing; and
- other optional services requested by the Customer.
Such additional arrangements constitute a separate agreement between the Operator and the Customer unless Shoot & Cast expressly agrees to administer those charges through the Platform.
9.8Price Changes
Once a Booking has been confirmed, the Operator may not increase the agreed package price unless:
- the Customer expressly agrees in writing;
- the increase relates solely to optional additional services requested by the Customer after confirmation;
- the change is required by law; or
- another adjustment is expressly permitted under this Agreement.
9.9Promotional Pricing
The Operator may offer promotional pricing, seasonal specials or discounted Experiences, subject to the approval and promotional policies of Shoot & Cast.
Any promotional pricing must clearly state:
- the promotional period;
- any conditions;
- the original price, where applicable; and
- the discounted price.
9.10Currency
Unless otherwise approved by Shoot & Cast, all prices listed on the Platform shall be quoted in South African Rand (ZAR). Payments to Operators shall be made into the Operator’s nominated South African bank account in accordance with this Agreement.
9.11Pricing Standards
Shoot & Cast reserves the right to request clarification or reasonable amendments where a proposed listing contains
pricing that is:
- misleading;
- incomplete;
- inconsistent with the advertised Experience;
- likely to confuse Customers;
- contrary to applicable law; or
- likely to damage the reputation or integrity of the Platform.
Shoot & Cast does not set the Operator’s commercial pricing but may require pricing to be presented in a clear, transparent and accurate manner.
9.12Ongoing Responsibility
The Operator remains responsible for ensuring that all pricing, package details and inclusions remain accurate throughout the period that an Experience is advertised on the Platform. Where any material pricing information changes, the Operator shall promptly update the listing or notify Shoot & Cast so that the listing may be amended before further Bookings are accepted.
Section 10Payments, Deposits and Operator Payouts
10.1Payment Processing and Appointment of Payment Service Provider
All Customer payments for Bookings made through the Platform shall be processed through the payment methods and authorised Payment Service Provider designated by Shoot & Cast. Shoot & Cast currently uses Paystack South Africa (Pty) Ltd (“Paystack”). The Operator authorises Shoot & Cast to create, configure and use an Operator Subaccount or equivalent settlement profile and to issue payment-split and settlement instructions necessary to give effect to this Agreement. The Operator shall not request or encourage Customers to make payment outside the Platform for the original booked Experience unless Shoot & Cast has provided prior written approval.
10.2Split Settlement Structure
The Operator acknowledges and agrees that Customer payments may be processed using split-payment, subaccount or equivalent settlement functionality. Under this structure, the Payment Service Provider may allocate the relevant transaction between Shoot & Cast and the Operator and settle each party’s allocated amount to its nominated bank account in accordance with the payment-provider configuration. The Operator’s allocated funds are not required to first be paid into Shoot & Cast’s bank account before being remitted to the Operator. Shoot & Cast remains responsible for administering the commercial allocation instructions in accordance with this Agreement and Schedule A.
10.3Customer Deposits
The Operator shall determine the deposit percentage required for each Experience in consultation with Shoot & Cast. Unless Shoot & Cast expressly approves a different arrangement in writing, the deposit required to secure a Booking shall be not less than ten percent (10%) and not more than fifty percent (50%) of the Customer-Facing Price. The deposit forms part of, and is not additional to, the Customer-Facing Price. The Customer shall pay the selected deposit percentage against the Customer-Facing Price, while the corresponding Operator settlement calculation shall apply the same percentage to the Base Package Price.
10.4Customer Balance Payments
Where a Customer has paid only a deposit at the time of Booking, the Customer remains liable for the full outstanding balance of the Customer-Facing Price. For a fishing Experience, the full outstanding balance must be paid and received as cleared funds no later than three (3) calendar days before the scheduled commencement date of the Experience. For a hunting Experience, the full outstanding balance must be paid and received as cleared funds no later than five (5) calendar days before the scheduled commencement date of the Experience. Where a Booking is accepted or confirmed within the applicable three-day or five-day period, the full outstanding amount shall become due immediately upon confirmation unless Shoot & Cast expressly approves another written payment arrangement.
10.5Cleared Funds and Settlement Timing
A payment shall not be treated as finally available for settlement merely because a Customer has initiated it. Payments and settlements remain subject to successful authorisation, processing, fraud and compliance controls, reserves, reversals, chargebacks, banking processes and the Payment Service Provider’s terms. Paystack’s published South African payout schedule is currently generally T+2 Business Days for local transactions, but payout timing may be delayed or changed by Paystack, partner banks, payment-method providers, compliance requirements or other circumstances. Neither Shoot & Cast nor the Operator shall represent to a Customer that settlement to the Operator’s bank account by a particular date is guaranteed.
10.6First Transaction Allocation and Full Commission Deduction
Where the Customer pays a deposit, the full Commission payable to Shoot & Cast for the Booking shall be calculated on the entire Base Package Price for a direct Operator, or on the Accommodation Component for a Travel Agency and shall be allocated to Shoot & Cast from the first Customer payment. For Operator settlement purposes, the Operator’s deposit share shall be calculated by applying the Customer’s agreed deposit percentage to the Base Package Price. The amount allocated to the Operator from the first transaction shall equal that Operator deposit share less Shoot & Cast’s full Commission and less any other lawful deduction expressly authorised by this Agreement or Schedule A. The Commission will not ordinarily be apportioned across the deposit and balance payments.
10.7Customer Price Adjustment and Processing Costs
The Customer Price Adjustment is separate from the Base Package Price and from the Commission. It is allocated to Shoot & Cast and is intended to contribute toward payment-processing, transaction and related payment-infrastructure costs. Where actual payment-processing costs are lower than the Customer Price Adjustment, Shoot & Cast shall retain the difference. Where actual payment-processing costs exceed the Customer Price Adjustment, Shoot & Cast shall bear the excess from its own revenue. Ordinary payment-processing costs shall not reduce the Operator’s Base Package Price or payout entitlement. The payment-provider configuration should, where supported, allocate ordinary transaction fees to Shoot & Cast’s/main account rather than the Operator Subaccount.
10.8Illustrative Payment Example
For illustration only, if the Base Package Price is R100,000, the Customer Price Adjustment is 3.5%, the Customer-Facing Price is R103,500, the required deposit is 50% and the agreed Commission is 8%, the Customer pays a first payment of R51,750. For settlement purposes, the Operator’s deposit share is R50,000 and Shoot & Cast’s full Commission is R8,000. The Operator is therefore allocated R42,000 from the first transaction, while the remaining R9,750 is allocated to Shoot & Cast before deduction of applicable payment-processing costs. When the Customer later pays the remaining R51,750, the unpaid R50,000 portion of the Base Package Price is allocated to the Operator and the remaining R1,750 Customer Price Adjustment is allocated to Shoot & Cast, subject to the Payment Service Provider’s fees and settlement rules.
10.9Balance Settlement to Operator
When the Customer’s outstanding balance is successfully processed, the Payment Service Provider shall apply the applicable split or settlement instruction so that the unpaid remainder of the Operator’s entitlement for the original Booking is allocated for settlement directly to the Operator’s nominated South African bank account. No second percentage Commission is charged on the balance payment where the full Commission was already allocated from the first Customer payment.
10.10Insufficient Deposit Share
If the Operator’s deposit share is insufficient to satisfy the full Commission and any other authorised deductions, Shoot & Cast may allocate or deduct the outstanding amount from any subsequent settlement or other funds lawfully payable to the Operator.
10.11Refunds, Cancellations, Chargebacks and Recovery
The Operator acknowledges that settlement may occur before an Experience takes place and that the Payment Service Provider is not relied upon to process post-settlement refunds on behalf of the Parties. If an approved refund applies after amounts have been settled, the Operator shall refund directly to the Customer the refundable amount previously settled to the Operator, less any non-refundable transaction or payment-processing costs attributable to the Operator’s portion, to the extent permitted by applicable law. Shoot & Cast shall separately refund directly to the Customer the refundable amount retained by Shoot & Cast in respect of that Booking, including Commission where applicable, less any non-refundable transaction or payment-processing costs attributable to Shoot & Cast’s portion, to the extent permitted by applicable law. Chargebacks, payment reversals, fraud disputes and other payment-provider adjustments remain subject to the Payment Service Provider’s rules. The Operator shall cooperate fully with any refund, chargeback, payment or fraud investigation and provide supporting information reasonably requested. The Customer Price Adjustment (currently 3.5%) is not ordinarily refundable once payment has been processed because it contributes to transaction and payment-infrastructure costs, except to the extent a refund of that amount is required by applicable law or expressly approved by Shoot & Cast in writing.
10.12Deductions and Settlement Records
Shoot & Cast may instruct or permit deductions for agreed Commission, subscription fees, approved refunds, chargebacks, taxes required by law where applicable, and any other lawful deduction authorised by this Agreement or Schedule A. Shoot & Cast shall make reasonable payment and settlement records available to the Operator showing the relevant Customer payments, Base Package Price, Commission, authorised deductions and amounts allocated or settled to the Operator.
10.13Banking and Subaccount Details
The Operator shall maintain accurate South African banking, identity, business and verification information required by Shoot & Cast and the Payment Service Provider. The Operator is responsible for losses or delays caused by incorrect or outdated information supplied by it, subject to applicable law. The Operator shall promptly notify Shoot & Cast of any change to its banking details and complete any re-verification required before settlements resume.
10.14Taxes
The Operator remains solely responsible for income tax, value-added tax where applicable, payroll obligations, employee taxes and all other taxes arising from the operation of its business and the amounts received in relation to Bookings. Unless required by law, Shoot & Cast is not responsible for calculating, withholding or paying taxes on behalf of the Operator.
10.15No Guaranteed Income or Guaranteed Settlement Date
Shoot & Cast does not guarantee a minimum number of Bookings, any level of revenue or any financial return. Shoot & Cast will administer split-payment instructions honestly and in good faith, but does not guarantee that a Payment Service Provider, acquiring bank or financial institution will settle funds on a particular date. The Operator acknowledges that settlement may be delayed, withheld or reversed in accordance with the Payment Service Provider’s terms, applicable law, fraud controls, disputes, chargebacks or compliance requirements.
Section 11Commission and Commercial Terms
11.1Platform Commission
The Operator acknowledges that Shoot & Cast earns income by charging Commission on Bookings successfully facilitated through the Platform. Unless otherwise recorded in Schedule A, the Commission is calculated as the agreed percentage of the Base Package Price for a direct Operator, or the Accommodation Component for a Travel Agency. The Customer Price Adjustment is separate from the Commission and is not included in the amount on which the Commission is calculated.
11.2Commercial Schedule
The agreed Commission percentage and other commercial arrangements shall be recorded in Schedule A, which forms part of this Agreement. Schedule A is confidential and applies only to the Operator who has entered into it.
11.3Timing and Allocation of Commission
The Operator authorises Shoot & Cast to configure the Payment Service Provider so that the full agreed Commission, calculated on the entire Base Package Price for a direct Operator, or on the Accommodation Component for a Travel Agency, is allocated to Shoot & Cast from the first Customer payment for the Booking. Unless Schedule A expressly records a different written arrangement, the Commission will not be apportioned between the deposit and balance transactions.
11.4Changes to Commission
Any change to the Operator’s agreed Commission percentage must be agreed in writing by both Parties. Unless otherwise agreed, a revised Commission percentage shall apply only to future Bookings accepted after the effective date of the revised Schedule A. Confirmed Bookings shall remain subject to the Commission percentage that applied when those Bookings were confirmed.
11.5Statements and Transparency
Shoot & Cast shall provide the Operator with reasonable access to payment and settlement records showing Customer payments processed, Commission allocated, approved refunds, other authorised deductions and Operator settlements. The Operator should review these records promptly and notify Shoot & Cast of any suspected discrepancy within a reasonable time.
11.6Outstanding Amounts
Where the Operator owes any amount to Shoot & Cast under this Agreement, Shoot & Cast may, where permitted by applicable law and after reasonable notice where appropriate, instruct the Payment Service Provider to deduct or recover the outstanding amount from future settlements, temporarily suspend settlement instructions to the extent reasonably necessary, suspend the Operator’s listings or exercise any other right available under this Agreement.
11.7Taxes
Each Party remains solely responsible for its own tax obligations arising from this Agreement. Unless required by applicable law, Shoot & Cast is not responsible for calculating, withholding or paying taxes on behalf of the Operator.
11.8Good Faith
The Parties agree to deal with one another honestly, transparently and professionally in relation to all Commission, payment and settlement matters arising under this Agreement and to cooperate in resolving genuine payment or Commission queries promptly and in good faith.
Section 12Customer Service Standards
12.1Commitment to Excellent Service
The Operator acknowledges that every Customer booked through the Shoot & Cast Platform represents both the Operator’s business and the Shoot & Cast brand. The Operator agrees to provide every Customer with a professional, respectful and enjoyable experience from the time a Booking is accepted until the Experience has concluded.
12.2Professional Conduct
The Operator shall:
- treat every Customer with courtesy and respect;
- communicate honestly and professionally;
- act fairly and in good faith;
- provide reasonable assistance where required;
- avoid abusive, threatening or discriminatory behaviour; and
- maintain a professional standard of conduct at all times.
12.3Communication
The Operator shall respond to Customer enquiries and communications as soon as reasonably practicable. Before the Experience begins, the Operator shall provide all information reasonably necessary for the Customer to
prepare for the Experience, including:
- arrival instructions;
- meeting times;
- accommodation details;
- equipment requirements;
- safety information;
- travel recommendations; and
- any other relevant information.
12.4Delivering the Advertised Experience
The Operator shall use reasonable efforts to ensure that every Experience is delivered substantially as advertised and as confirmed in the Booking Confirmation. Where changes become necessary due to circumstances beyond the Operator’s reasonable control, the Operator shall notify Shoot & Cast and the Customer as soon as reasonably practicable and work in good faith to minimise any inconvenience.
12.5Customer Complaints
Where a Customer raises a complaint, the Operator shall:
- treat the complaint seriously;
- cooperate fully with Shoot & Cast;
- provide any information reasonably requested;
- communicate respectfully with the Customer; and
- use reasonable efforts to resolve the matter promptly and fairly.
12.6Safety and Respect
The Operator shall use reasonable efforts to create a safe, welcoming and respectful environment for all Customers. The Operator shall not tolerate unlawful conduct, violence, harassment or behaviour that places participants or staff at unreasonable risk.
12.7Staff Standards
The Operator is responsible for ensuring that its employees, guides, Professional Hunters, skippers, drivers, contractors and representatives conduct themselves professionally and consistently with the standards set out in this Agreement. The Operator remains responsible for the conduct of those persons while they are performing services relating to a Booking.
12.8Reputation of the Platform
The Operator acknowledges that poor customer service may damage both the Operator’s business and the reputation of Shoot & Cast. The Operator agrees to use reasonable efforts to maintain high service standards and to cooperate with Shoot & Cast in addressing any genuine concerns raised by Customers.
12.9Continuous Improvement
Shoot & Cast may monitor customer feedback, reviews, complaint trends and other performance indicators to help maintain consistent service standards across the Platform. Where reasonable improvements are identified, Shoot & Cast may make recommendations to the Operator. The Operator agrees to consider such recommendations in good faith to improve future Customer experiences.
12.10Commitment to Quality
The Operator acknowledges that the long-term success of both Parties depends upon delivering exceptional Experiences and building lasting trust with Customers. The Parties therefore agree to work together in a spirit of professionalism, cooperation and continuous improvement for the benefit of Customers and the continued growth of the Shoot & Cast Platform.
Section 13Cancellations, Refunds and Booking Changes
13.1General Principle
The Operator acknowledges that confirmed Bookings create commitments for both the Customer and the Operator. The Operator agrees to honour every confirmed Booking unless cancellation or amendment becomes reasonably necessary in accordance with this Agreement.
13.2Customer Cancellations
A Customer cancellation does not ordinarily entitle the Customer to a refund. As a standard contractual exception, Shoot & Cast may approve a refund where a genuine death-related emergency affecting the Customer or a member of the travelling party requires cancellation or urgent return travel, provided that reasonable supporting documentation, such as a death certificate or funeral documentation, is supplied. Any refund remains subject to the applicable Booking Confirmation, published Booking terms and any rights or remedies that cannot lawfully be excluded or restricted under applicable law.
Where such a refund is approved after split settlement has occurred, the Operator shall refund the refundable amount it received directly to the Customer and Shoot & Cast shall separately refund the refundable amount it retained, including Commission where applicable. Each Party may deduct only non-refundable transaction or payment-processing costs attributable to its own portion, to the extent permitted by applicable law. The Operator shall cooperate fully and provide supporting information reasonably requested by Shoot & Cast.
13.3Operator Cancellations
The Operator shall not cancel a confirmed Booking unless there is a genuine operational, legal, safety or Force Majeure reason. For fishing charters and other weather-sensitive Experiences, the Operator, responsible skipper, guide or other suitably responsible person remains responsible for determining whether weather, sea, water or other conditions make it unsafe or impracticable to proceed. Where cancellation becomes necessary, the Operator shall notify Shoot & Cast immediately and provide the reasons together with any supporting information reasonably requested. Where a refund is approved, the Operator shall refund directly to the Customer the refundable amount previously settled to the Operator, less any non-refundable transaction or payment-processing costs attributable to the Operator’s portion, to the extent permitted by applicable law. Shoot & Cast shall separately refund the refundable amount retained by Shoot & Cast, including Commission where applicable, less any non-refundable transaction or payment-processing costs attributable to Shoot & Cast’s portion, to the extent permitted by applicable law. Repeated cancellations without reasonable justification may result in suspension or termination of the Operator’s account.
13.4Operator Liability for Unjustified Cancellations
Where an Operator cancels a confirmed Booking without a valid reason or breaches this Agreement, the Operator may be responsible for the Customer’s reasonable direct losses where required by this Agreement or applicable law. Shoot & Cast reserves the right to recover any amounts that it reasonably incurs as a direct result of the Operator’s breach, to the extent permitted by law. Nothing in this clause prevents the Parties from agreeing to an alternative solution that is acceptable to the Customer.
13.5Force Majeure
Where an Experience cannot proceed because of a Force Majeure Event, the Parties shall cooperate in good faith to determine whether the Experience can reasonably be postponed or rescheduled. Where the Operator determines that weather, dangerous sea or water conditions, or another genuine safety-related Force Majeure Event prevents the Experience from proceeding and an approved refund applies, the refund shall be administered in accordance with Sections 10.11 and 13.3. Any other remedy remains subject to the Booking terms and applicable law. Neither Party shall be regarded as being in breach solely because of a genuine Force Majeure Event.
13.6Hunting Experiences
Each hunting Operator must publish a clear, Experience-specific hunting refund and unharvested-animal policy before a Customer confirms a Booking. That policy must explain what will happen if one or more animals included in the hunting Package are not harvested, including whether the Operator will offer a refund, credit, substitution, rescheduling opportunity or another remedy, and any conditions that apply. The Operator is solely responsible for the content, fairness, lawful application and fulfilment of that policy. Any refund, credit or rescheduled hunt arising because an included animal was not harvested is a matter between the Operator and the Customer and must be funded and honoured by the Operator in accordance with the policy disclosed at the time of Booking and applicable law. Shoot & Cast does not guarantee, fund or assume liability for such a refund or remedy and is not required to withhold the Operator’s balance payout pending the outcome of the hunt. Shoot & Cast may display the Operator’s policy through the Platform and may facilitate communication between the parties, but the underlying obligation remains the Operator’s. A wounded animal may be treated as harvested for billing or policy purposes only where this is expressly stated in the Operator’s disclosed hunting policy, is consistent with applicable hunting rules and law, and was accepted as part of the Booking terms.
13.7Fishing Experiences
Where a fishing Experience proceeds substantially as booked, refunds shall generally not be payable solely because the Customer did not catch fish or the expected species. The Operator does not guarantee catches, weather conditions or fishing success. If the Operator or responsible skipper cancels the Experience because weather, sea, water or other safety conditions make it unsafe or impracticable to proceed, any approved refund shall be handled in accordance with Sections 10.11 and 13.3.
13.8Booking Amendments
Any material change to a confirmed Booking should be communicated to Shoot & Cast before implementation.
Material changes may include:
- dates;
- duration;
- accommodation;
- participant numbers;
- package inclusions;
- pricing; or
- any other significant change affecting the Customer’s Experience.
Material amendments should not be implemented without the Customer’s agreement where that agreement is reasonably required.
13.9Cooperation
The Operator agrees to cooperate fully with Shoot & Cast in resolving cancellations, amendments and refund requests. This includes providing accurate information and responding promptly to reasonable requests for documentation or clarification.
13.10Fair Dealing
The Parties acknowledge that cancellations and amendments should be managed fairly, consistently and professionally. The objective of this section is to protect Customers, Operators and the reputation of the Shoot & Cast Platform while recognising that outdoor Experiences may occasionally be affected by circumstances beyond any party’s reasonable control.
Section 14Safety and Legal Compliance
14.1Operator Responsibility
The Operator accepts full responsibility for the safe, lawful and professional operation of every Experience offered through the Shoot & Cast Platform. The Operator shall use reasonable care and skill to plan, manage and conduct each Experience in accordance with applicable law and recognised industry standards. Nothing in this Agreement transfers operational control or safety responsibilities to Shoot & Cast. For a Travel Agency, this responsibility extends to selecting, engaging, verifying and managing the lodges and third-party suppliers used to fulfil its Packages.
14.2Duty of Care
The Operator shall take all reasonable steps to protect the health and safety of Customers, employees, contractors and other participants during the delivery of an Experience. This includes maintaining appropriate safety procedures, providing suitable supervision where required and responding appropriately to emergencies.
14.3Compliance with Law
The Operator shall comply with all laws, regulations and licence conditions applicable to its business and to every Experience that it conducts. Where an Experience takes place outside South Africa, the Operator shall also comply with the laws and regulatory requirements of that country.
14.4Hunting Operations
Where the Operator offers hunting Experiences, the Operator is solely responsible for ensuring compliance with all applicable hunting laws and requirements.
For Hunting Outfitters this includes, where applicable, Hunting Outfitter licences or permits, Professional Hunter licences or permits, hunting permits, landowner permissions, conservation requirements, quotas, firearm-related obligations within the Operator’s control, and export documentation under the Operator’s responsibility.
For Game Farms this includes, where applicable, lawful ownership, occupation or authority over the property; landowner permission, lease, hunting-rights or concession documentation; certificates of adequate enclosure; exemption or P3 exemption permits; game farm registrations or permits; provincial hunting permits; and species-specific, TOPS, closed-season, method-specific or other authorisations required for the hunt.
Where foreign or international hunters are accepted by a Game Farm, the Operator shall ensure that a licensed Hunting Outfitter and Professional Hunter are involved where required by law.
All hunting activities must be conducted in accordance with recognised ethical hunting practices and applicable legislation.
14.5Fishing Operations
Where the Operator offers fishing Experiences, the Operator shall ensure that all fishing activities comply with applicable laws, conservation measures, access requirements and safety obligations.
For Guided / Land-Based Fishing this includes, where applicable, fishing licences and permits, landowner or venue permissions, access agreements, concessions, protected-area or Marine Protected Area authorisations, guiding permissions or qualifications and safe management of shore, river, wading, estuary or other land-based fishing activities.
For Vessel-Based Fishing Charters this additionally includes vessel seaworthiness, required vessel registrations and certificates, skipper qualifications, passenger safety equipment, lawful operating permissions, weather-related operational decisions and other maritime requirements.
The fishing Operator is responsible for ensuring before participation that every Customer holds the fishing licence, permit or authorisation required for the specific fishing activity, location and species, and for complying with applicable bag limits, catch limits and conservation rules.
14.6Safety Equipment
The Operator shall ensure that all equipment provided to Customers is maintained in a safe and serviceable condition. Where safety equipment is legally required or reasonably necessary, the Operator shall ensure that it is available, properly maintained and used where appropriate.
14.7Accidents and Emergencies
The Operator shall maintain reasonable emergency procedures appropriate for the Experiences being offered. In the event of a serious accident, injury or other significant incident involving a Customer, the Operator shall:
- take immediate steps to protect those affected;
- obtain emergency assistance where required;
- comply with any legal reporting obligations; and
- notify Shoot & Cast as soon as reasonably practicable after the immediate situation has been stabilised.
14.8Customer Compliance
The Operator may refuse participation or remove a Customer from an Experience where the Customer:
- acts unlawfully;
- is under the influence of alcohol or drugs in circumstances that create an unreasonable safety risk;
- refuses to follow reasonable safety instructions;
- behaves aggressively or abusively;
- endangers other participants; or
- otherwise creates a material safety risk.
Where reasonably practicable, the Operator should inform Shoot & Cast of the circumstances.
14.9Independent Responsibility
The Operator acknowledges that Shoot & Cast does not supervise, direct or control the day-to-day operation of any Experience.
Accordingly, the Operator remains solely responsible for:
- operational decisions;
- safety decisions;
- staffing;
- equipment;
- vehicles and vessels;
- accommodation;
- guiding services;
- Professional Hunters;
- skippers;
- contractors; and
- every aspect of the delivery of the Experience.
14.10Commitment to Safe Operations
The Operator acknowledges that customer safety is fundamental to the reputation and long-term success of both the Operator and Shoot & Cast. The Operator therefore commits to maintaining high standards of professionalism, legal compliance and safety at all times while participating on the Shoot & Cast Platform.
Section 15Intellectual Property and Marketing
15.1Ownership of Intellectual Property
Each Party retains ownership of its own intellectual property. Nothing in this Agreement transfers ownership of any trade mark, logo, business name, copyright, photograph, video, written content or other intellectual property from one Party to the other unless expressly agreed in writing.
15.2Shoot & Cast Intellectual Property
All rights in the Shoot & Cast Platform, including its:
- name;
- logo;
- branding;
- website;
- software;
- booking systems;
- databases;
- graphics;
- marketing material;
- written content; and
- other intellectual property,
remain the exclusive property of Shoot & Cast or its licensors. The Operator shall not copy, reproduce, modify or use Shoot & Cast’s intellectual property except as reasonably necessary to participate on the Platform or with Shoot & Cast’s prior written permission.
15.3Operator Intellectual Property
The Operator retains ownership of its own:
- business name;
- logo;
- photographs;
- videos;
- marketing material;
- package descriptions;
- trade marks; and
- other intellectual property.
The Operator confirms that it owns, or has the legal right to use, all content submitted to Shoot & Cast.
15.4Licence Granted to Shoot & Cast
The Operator grants Shoot & Cast a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, adapt (without materially altering the meaning), distribute and promote the Operator’s submitted content for
the purpose of:
- operating the Platform;
- advertising Experiences;
- promoting Shoot & Cast;
- marketing through digital, print and social media;
- creating promotional campaigns; and
- administering Bookings.
This licence remains in force for as long as the Operator’s content is displayed on the Platform and for a reasonable period thereafter for legitimate business purposes, including archived marketing material.
15.5Customer Content
Where Customers upload reviews, photographs or videos relating to an Experience, and they have granted the necessary rights under the Shoot & Cast Terms & Conditions, Shoot & Cast may use such content for marketing, promotional and operational purposes. The Operator acknowledges that Customer-generated content may appear on the Platform alongside its listings.
15.6Marketing Cooperation
The Operator agrees to cooperate reasonably with Shoot & Cast in marketing the Platform and its Experiences. Shoot & Cast may feature the Operator and its Experiences in newsletters, advertisements, social media campaigns, promotional videos, trade shows and other lawful marketing activities.
15.7Accuracy of Marketing Material
The Operator is responsible for ensuring that all photographs, videos, descriptions and other promotional material supplied to Shoot & Cast are accurate, lawful and do not infringe the rights of any third party. The Operator indemnifies Shoot & Cast against claims arising from the Operator’s unauthorised use of third-party intellectual property, to the extent permitted by applicable law.
15.8Brand Protection
The Operator shall not use the Shoot & Cast name, logo or branding in any manner that is misleading, deceptive or likely to damage the reputation of Shoot & Cast. Any use of Shoot & Cast branding outside the ordinary operation of the Platform requires prior written approval from Shoot & Cast.
15.9Removal of Content
Shoot & Cast may remove or suspend any content supplied by the Operator where it reasonably believes that the
content:
- infringes intellectual property rights;
- is unlawful;
- is misleading;
- is offensive;
- breaches this Agreement; or
- may expose Shoot & Cast to legal or reputational risk.
Where reasonably practicable, Shoot & Cast will notify the Operator and provide an opportunity to correct the issue.
15.10Survival
The intellectual property rights, licences and obligations contained in this section shall continue after the termination of this Agreement to the extent reasonably necessary to protect the rights of the Parties and to administer existing or completed Bookings. The termination of this Agreement does not affect ownership of intellectual property created before termination.
Section 16Confidentiality
16.1Confidential Information
During the course of this Agreement, either Party may receive confidential or commercially sensitive information belonging to the other Party. Each Party agrees to treat such information as confidential and to protect it with the same degree of care that it uses to protect its own confidential information, and at least a reasonable standard of care.
16.2What is Confidential Information
Confidential Information includes, but is not limited to:
- commission arrangements;
- Commercial Schedules;
- pricing strategies;
- customer information;
- booking information;
- financial information;
- business plans;
- operational procedures;
- marketing strategies;
- software and Platform information;
- unpublished package information;
- supplier information;
- technical information; and
- any other information that would reasonably be regarded as confidential.
16.3Confidential Commission Arrangements
The Operator acknowledges that the commission percentage and any commercial arrangements agreed between Shoot & Cast and the Operator are confidential. The Operator shall not disclose its Commercial Schedule, agreed commission percentage or other confidential commercial terms to other Operators or third parties without the prior written consent of Shoot & Cast, unless disclosure is required by law. Shoot & Cast likewise agrees not to disclose an Operator’s confidential commercial arrangements to another Operator except where required by law.
16.4Permitted Use
Confidential Information may only be used for purposes directly connected with:
- this Agreement;
- the operation of the Platform;
- administering Bookings;
- processing payments;
- providing customer support;
- complying with legal obligations; or
- any other legitimate business purpose relating to the relationship between the Parties.
Neither Party shall use the other’s Confidential Information for any unrelated commercial purpose.
16.5Permitted Disclosure
Confidential Information may be disclosed only:
- where required by law;
- to legal, accounting or professional advisers who are bound by confidentiality obligations;
- to regulators or government authorities where legally required;
- with the written consent of the other Party; or
- where disclosure is reasonably necessary to perform this Agreement.
16.6Excluded Information
The confidentiality obligations contained in this section do not apply to information that:
- is already publicly available through no breach of this Agreement;
- is lawfully obtained from an independent third party;
- is independently developed without using the other Party’s Confidential Information; or
- is required by law or court order to be disclosed.
16.7Customer Information
The Operator shall keep Customer personal information confidential and shall use such information only for the purpose of fulfilling the relevant Booking and complying with applicable law. The Operator shall not sell, share or use Customer information for unrelated marketing or commercial purposes unless the Customer has given any consent required by applicable law.
16.8Security of Information
Each Party shall take reasonable steps to protect Confidential Information against unauthorised access, disclosure, loss or misuse. Where Confidential Information is stored electronically, reasonable security measures shall be maintained to protect that information.
16.9Return or Destruction of Information
Upon termination of this Agreement, or upon reasonable request where appropriate, each Party shall return or securely destroy Confidential Information belonging to the other Party, except where:
- retention is required by law;
- retention is reasonably necessary for tax, accounting or audit purposes;
- retention is necessary for completed Bookings or ongoing disputes; or
- the information forms part of lawful business records that must be retained.
16.10Survival
The confidentiality obligations contained in this section shall continue after the termination of this Agreement for as long as the relevant information remains confidential or for as long as required by applicable law. Termination of this Agreement does not release either Party from its obligation to protect Confidential Information obtained during the business relationship.
Section 17Non-Circumvention and Platform Protection
17.1Purpose
The Operator acknowledges that Shoot & Cast invests substantial time, effort and resources into developing the Platform, marketing Experiences, attracting Customers and administering Bookings. The purpose of this section is to protect those legitimate business interests while allowing Operators to continue operating their independent businesses.
17.2Platform Introduced Customers
A “Platform Customer” means any Customer who first became aware of, contacted or booked the Operator through the Shoot & Cast Platform. The Operator acknowledges that such Customers have been introduced through the efforts and investment of Shoot & Cast.
17.3No Circumvention
The Operator shall not intentionally encourage, request or persuade a Platform Customer to bypass the Shoot & Cast Platform in order to avoid paying the agreed commission or any other amount payable under this Agreement.
Examples include:
- asking a Customer to book directly after making contact through Shoot & Cast;
- offering discounts in exchange for cancelling a Platform Booking and booking privately;
- requesting payment outside the Platform for a Booking that originated through Shoot & Cast; or
- using any other arrangement designed to avoid the agreed commercial relationship between the Parties.
17.4Existing Customers
Nothing in this Agreement prevents the Operator from continuing to do business with Customers who had an established business relationship with the Operator before those Customers first used the Shoot & Cast Platform. The Operator may also continue to market its business independently through its own website, social media, advertising or other lawful marketing channels.
17.5Direct Enquiries
Where a Customer contacts the Operator independently without first being introduced through the Shoot & Cast Platform, this Agreement does not require that Customer to make a Booking through Shoot & Cast.
17.6Good Faith
The Parties acknowledge that the purpose of this section is not to prevent fair competition but to protect the legitimate commercial interests of Shoot & Cast. The Operator agrees to act honestly and in good faith when dealing with Customers introduced through the Platform.
17.7Monitoring and Investigation
Where Shoot & Cast reasonably believes that this section has been breached, it may investigate the matter by reviewing Booking records, communications, payment information or other relevant evidence, to the extent permitted by applicable law. The Operator agrees to cooperate reasonably with any such investigation.
17.8Consequences of Circumvention
Where Shoot & Cast reasonably determines that an Operator has intentionally circumvented the Platform in breach
of this Agreement, Shoot & Cast may, subject to applicable law:
- require payment of the commission that would have been payable;
- suspend or remove the Operator’s listings;
- suspend or terminate the Operator’s account;
- recover reasonable losses directly arising from the breach where legally recoverable; and
- exercise any other rights available under this Agreement or applicable law.
17.9Protection of the Platform
The Operator agrees not to engage in conduct that is intended to undermine the operation, reputation or commercial viability of the Shoot & Cast Platform.
This includes knowingly:
- providing false information;
- manipulating reviews;
- interfering with Bookings;
- misusing Customer information;
- encouraging Customers to avoid the Platform;
- attempting to interfere with the Platform’s systems; or
- engaging in any fraudulent or dishonest conduct affecting the Platform.
17.10Long-Term Business Relationship
The Parties acknowledge that the long-term success of both the Operator and Shoot & Cast depends upon mutual trust, transparency and cooperation. The Operator agrees to support the integrity of the Platform and recognises that protecting the relationship between Shoot & Cast and its Customers is fundamental to the continued growth and success of both Parties.
Section 18Limitation of Liability
18.1Role of Shoot & Cast
The Operator acknowledges that Shoot & Cast operates an online marketplace that facilitates the advertising, booking and administration of Experiences. Shoot & Cast does not own, operate, manage or supervise the hunting properties, fishing charters, accommodation, boats, vehicles or other facilities used to deliver an Experience. The Operator remains solely responsible for delivering every Experience offered through the Platform.
18.2Operator Responsibility
The Operator accepts full responsibility for the operation of its business and for all acts and omissions of its owners, directors, employees, Professional Hunters, skippers, guides, contractors and other representatives involved in delivering an Experience.
This responsibility includes, but is not limited to:
- customer safety;
- legal compliance;
- operational decisions;
- equipment;
- accommodation;
- vehicles and vessels;
- staff and contractors;
- permits and licences;
- insurance; and
- the overall delivery of the Experience.
18.3No Operational Control
The Operator acknowledges that Shoot & Cast does not exercise day-to-day operational control over any Experience. Accordingly, Shoot & Cast is not responsible for operational decisions made by the Operator before, during or after an Experience.
18.4No Guarantee of Success
Shoot & Cast does not guarantee:
- hunting success;
- fishing success;
- weather conditions;
- trophy quality;
- animal availability;
- fish availability;
- travel conditions;
- occupancy levels;
- customer demand; or
- the financial performance of the Operator’s business.
18.5Platform Services
Shoot & Cast shall use reasonable care and skill in operating the Platform and administering Bookings. However, Shoot & Cast does not warrant that the Platform will always operate without interruption, delay or technical error. Shoot & Cast may carry out maintenance, upgrades or security measures where reasonably necessary.
18.6Limitation of Liability
To the fullest extent permitted by applicable law, Shoot & Cast shall not be liable to the Operator for indirect, consequential, incidental, special or punitive losses arising out of or in connection with this Agreement.
This includes, where permitted by law:
- loss of profits;
- loss of future business opportunities;
- loss of goodwill;
- reputational damage;
- loss of anticipated revenue; or
- other indirect commercial losses.
18.7Circumstances Beyond Shoot & Cast’s Control
Shoot & Cast shall not be liable for delays, interruptions or failures caused by events beyond its reasonable control, including Force Majeure Events, failures of third-party service providers, payment service interruptions, telecommunications failures or government actions.
18.8Customer Claims
Where a Customer makes a claim relating to the delivery of an Experience, the Operator acknowledges that the claim should generally be directed against the party responsible for delivering that Experience. Shoot & Cast may assist in facilitating communication or administering refunds where appropriate, but such assistance does not make Shoot & Cast the provider of the Experience or legally responsible for its delivery.
18.9Compliance with Law
Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded or limited under applicable law. Where any provision of this section conflicts with mandatory legal requirements, the applicable law shall prevail to the extent of the conflict.
18.10Fair Allocation of Responsibility
The Parties acknowledge that the purpose of this section is to allocate responsibility fairly according to the role performed by each Party. Shoot & Cast accepts responsibility for operating the Platform and administering the booking process. The Operator accepts responsibility for operating its business and delivering the Experience safely, professionally and in accordance with this Agreement and applicable law.
Section 19Operator Indemnity
19.1General Indemnity
To the fullest extent permitted by applicable law, the Operator agrees to indemnify and hold harmless Shoot & Cast, its directors, shareholders, officers, employees and authorised representatives against losses, damages, claims, liabilities, costs and reasonable legal expenses arising directly from the Operator’s breach of this Agreement, unlawful conduct, negligence or failure to comply with applicable law. This indemnity applies only to the extent that the relevant loss was caused by the Operator or persons for whom the Operator is legally responsible.
19.2Claims Arising from the Experience
The Operator agrees to indemnify Shoot & Cast against claims arising from the planning, operation or delivery of an Experience where those claims result from matters within the Operator’s control.
This may include claims relating to:
- personal injury;
- death;
- property damage;
- customer complaints;
- operational negligence;
- unsafe equipment;
- inadequate supervision;
- unlawful conduct;
- failure to obtain required permits or licences; or
- any other matter for which the Operator is legally responsible.
19.3Employees and Contractors
The Operator accepts responsibility for the conduct of its employees, Professional Hunters, skippers, guides, contractors, volunteers and other persons engaged by the Operator in connection with an Experience. Where the conduct of those persons gives rise to a claim against Shoot & Cast, the Operator shall indemnify Shoot & Cast to the extent that the Operator is legally responsible for that conduct.
19.4Information Provided by the Operator
The Operator indemnifies Shoot & Cast against claims arising from false, inaccurate, misleading or incomplete
information supplied by the Operator, including:
- package descriptions;
- pricing;
- photographs;
- marketing material;
- licences or permits;
- qualifications;
- insurance information; or
- any other information provided to Shoot & Cast for publication or administration.
19.5Intellectual Property Claims
The Operator indemnifies Shoot & Cast against claims arising from the Operator’s unauthorised use of photographs, videos, logos, trade marks, written content or other intellectual property supplied by the Operator for publication on the Platform. This indemnity applies only where the claim results from the Operator’s lack of authority to use or provide that material.
19.6Regulatory and Legal Compliance
The Operator indemnifies Shoot & Cast against losses arising from the Operator’s failure to comply with applicable laws, regulations, permits, licences or legal requirements relating to the Operator’s business or the delivery of an Experience.
19.7Duty to Notify
The Operator shall notify Shoot & Cast as soon as reasonably practicable after becoming aware of any incident, claim, investigation or legal proceeding that may reasonably result in a claim involving Shoot & Cast under this Agreement. The Operator agrees to cooperate fully with Shoot & Cast in responding to such matters.
19.8Shoot & Cast’s Conduct
The Operator shall not be required to indemnify Shoot & Cast to the extent that a loss arises from:
- Shoot & Cast’s own fraud;
- Shoot & Cast’s own unlawful conduct;
- Shoot & Cast’s own gross negligence; or
- any liability that cannot lawfully be transferred or excluded under applicable law.
19.9Survival
The indemnity obligations contained in this section shall survive the termination of this Agreement in relation to any act, omission, Booking or claim arising before termination or otherwise intended by its nature to continue after termination.
19.10Fair Allocation of Risk
The Parties acknowledge that this indemnity is intended to allocate commercial risk fairly according to the responsibilities accepted by each Party under this Agreement. Nothing in this section shall be interpreted as requiring either Party to indemnify the other for losses caused solely by that other Party’s own unlawful conduct, fraud or gross negligence.
Section 20Suspension and Termination
20.1Right to Suspend or Terminate
Shoot & Cast may suspend, restrict or terminate an Operator’s access to the Platform where it reasonably believes that such action is necessary to protect Customers, the Platform, other Operators, the Shoot & Cast brand or its legitimate business interests. Any action taken under this section shall be exercised fairly, reasonably and in accordance with applicable law.
20.2Grounds for Suspension or Termination
Without limiting any other rights available under this Agreement or applicable law, Shoot & Cast may suspend or
terminate an Operator where the Operator:
- materially breaches this Agreement;
- repeatedly fails to meet the Platform’s service standards;
- provides false, misleading or fraudulent information;
- fails to maintain required licences, permits or insurance;
- repeatedly cancels confirmed Bookings without a valid reason;
- engages in unlawful conduct;
- creates an unreasonable risk to Customer safety;
- attempts to circumvent the Platform;
- seriously damages the reputation of Shoot & Cast;
- fails to cooperate with legitimate investigations; or
- otherwise becomes unsuitable to continue operating on the Platform.
20.3Immediate Suspension
Shoot & Cast may immediately suspend an Operator or individual Experience listings where immediate action is
reasonably necessary to:
- protect Customer safety;
- prevent fraud;
- comply with a legal obligation;
- protect the integrity or security of the Platform;
- preserve evidence relevant to an investigation; or
- prevent further harm to Customers or the Shoot & Cast brand.
Where reasonably practicable, Shoot & Cast will inform the Operator of the reasons for the suspension.
20.4Opportunity to Remedy
Where the circumstances permit, Shoot & Cast may notify the Operator of a breach and allow the Operator a reasonable opportunity to remedy the issue before termination. Nothing in this clause prevents Shoot & Cast from taking immediate action where the breach is serious or where immediate suspension is reasonably necessary.
20.5Existing Bookings
The suspension or termination of an Operator does not automatically cancel existing confirmed Bookings. Shoot & Cast may, acting reasonably and in the interests of Customers and the integrity of the Platform:
- allow confirmed Bookings to continue;
- assist in transferring Bookings to another approved Operator, where practicable and with the Customer’s
agreement where required;
- cancel affected Bookings and administer refunds where appropriate; or
- take any other reasonable action consistent with this Agreement and applicable law.
20.6Outstanding Payments
Following suspension or termination, Shoot & Cast may temporarily withhold Operator payouts where reasonably
necessary to:
- complete confirmed Experiences;
- investigate complaints;
- investigate fraud or chargebacks;
- administer approved refunds;
- determine outstanding financial obligations; or
- comply with legal requirements.
Once these matters have been resolved, any remaining amounts properly due to the Operator shall be paid after deducting any amounts lawfully owing to Shoot & Cast.
20.7Effect of Termination
Upon termination of this Agreement:
- the Operator shall cease advertising new Experiences through the Platform;
- the Operator shall no longer accept new Bookings through the Platform;
- access to the Operator account may be disabled;
- Shoot & Cast may remove or archive the Operator’s listings; and
- each Party shall continue to perform any obligations that are intended to survive termination.
Termination does not affect rights or obligations that arose before the termination date.
20.8Return of Platform Property
Upon termination, the Operator shall cease using Shoot & Cast branding and shall return or permanently delete any confidential documents, materials or information belonging to Shoot & Cast where reasonably requested, except where retention is required by law.
20.9Survival
Termination of this Agreement does not affect provisions that are intended by their nature to continue after termination.
These include, where applicable:
- confidentiality;
- intellectual property;
- commission already earned;
- payment obligations;
- indemnities;
- limitation of liability;
- dispute resolution;
- governing law;
- and any other provisions intended to survive.
20.10Future Applications
Where an Operator has been suspended or terminated, Shoot & Cast may, at its discretion, consider a future application from that Operator if the issues giving rise to the suspension or termination have been fully resolved. Nothing in this section obliges Shoot & Cast to approve or reinstate a previously suspended or terminated Operator.
20.11Fair Administration
The Parties acknowledge that the purpose of this section is to protect the integrity, reputation and long-term success of the Shoot & Cast Platform. Shoot & Cast will exercise its rights under this section reasonably, in good faith and in accordance with applicable law, while recognising the importance of protecting Customers and maintaining confidence in the Platform.
Section 21Dispute Resolution, Governing Law and Jurisdiction
21.1Good Faith Resolution
The Parties agree that, where a dispute arises under this Agreement, they will first make reasonable efforts to resolve the dispute through direct discussions conducted honestly, professionally and in good faith. The objective is to resolve disputes quickly while preserving the commercial relationship wherever reasonably possible.
21.2Notification of a Dispute
A Party wishing to raise a dispute shall notify the other Party in writing, providing reasonable details of:
- the nature of the dispute;
- the relevant facts;
- the outcome sought; and
- any supporting information reasonably available.
The receiving Party shall acknowledge the dispute within a reasonable time and cooperate in good faith to seek a resolution.
21.3Meetings and Negotiation
Before commencing formal legal proceedings, the Parties shall use reasonable efforts to meet, either in person or electronically, to discuss the dispute and attempt to reach a mutually acceptable solution. Nothing in this section prevents the Parties from obtaining legal advice at any stage.
21.4Mediation
If a dispute cannot reasonably be resolved through negotiation, the Parties are encouraged to consider mediation before commencing court proceedings. The appointment of a mediator, the mediation process and the allocation of mediation costs shall be agreed between the Parties. Participation in mediation does not prevent either Party from exercising any legal rights available under applicable law.
21.5Urgent Relief
Nothing in this Agreement prevents either Party from approaching a court of competent jurisdiction for urgent or
interim relief where immediate action is reasonably necessary to:
- protect confidential information;
- protect intellectual property;
- prevent unlawful conduct;
- preserve evidence;
- prevent irreparable harm; or
- enforce any other right requiring urgent protection.
21.6Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. This applies irrespective of where an Experience takes place, subject always to any mandatory laws of another jurisdiction that cannot lawfully be excluded.
21.7Jurisdiction
Subject to applicable law, the Parties consent to the jurisdiction of the courts of the Republic of South Africa for the determination of disputes arising from or relating to this Agreement. Nothing in this clause prevents proceedings from being brought in another court where South African law or another applicable law requires or permits such proceedings.
21.8Cross-Border Experiences
Where an Experience is conducted outside South Africa, the Operator remains responsible for complying with the laws and regulatory requirements of the country in which the Experience takes place. Nothing in this Agreement exempts the Operator from complying with those local legal obligations.
21.9Continued Performance
Where reasonably possible, the Parties shall continue to perform those parts of this Agreement that are not directly affected by the dispute while efforts are being made to resolve the disputed issues. This obligation does not require a Party to continue performing where doing so would be unlawful, unsafe or commercially unreasonable.
21.10Costs
Unless otherwise agreed in writing or ordered by a court of competent jurisdiction, each Party shall bear its own legal and professional costs incurred in resolving a dispute.
21.11Preservation of Rights
Nothing contained in this section limits or waives any statutory rights or remedies available to either Party under applicable law. The rights and remedies available under this Agreement are cumulative and may be exercised together where appropriate.
21.12Commitment to the Relationship
The Parties acknowledge that this Agreement is intended to create a long-term commercial relationship based on professionalism, trust and cooperation. Both Parties therefore agree to approach disputes constructively, with the objective of reaching fair and practical solutions wherever reasonably possible before resorting to formal legal proceedings.
Section 22General Legal Provisions
22.1Entire Agreement
This Agreement, together with the Commercial Schedule (Schedule A) and any documents expressly incorporated by reference, constitutes the complete agreement between Shoot & Cast and the Operator regarding the Operator’s participation on the Platform. It replaces all previous discussions, negotiations, proposals, understandings and agreements relating to the same subject matter, whether oral or written. Nothing in this clause excludes liability for fraud or any other liability that cannot lawfully be excluded.
22.2Documents Forming Part of this Agreement
The following documents form part of this Agreement where applicable:
- this Operator Agreement;
- Schedule A - Commercial Schedule;
- the Shoot & Cast Terms & Conditions;
- the Privacy Policy;
- the Operator Code of Conduct;
- the Liability Waiver;
- written amendments signed or accepted by the Parties; and
- any additional schedules expressly incorporated into this Agreement.
Where a conflict exists between this Agreement and Schedule A regarding commercial terms, Schedule A shall prevail only in respect of those commercial terms.
22.3Amendments
No amendment to this Agreement shall be valid unless it is recorded in writing or accepted electronically by the Parties through a method approved by Shoot & Cast. Changes to the Commercial Schedule may be agreed separately without requiring the entire Agreement to be replaced. No amendment shall affect Bookings already confirmed unless both Parties expressly agree or the change is required by applicable law.
22.4No Waiver
A delay or failure by either Party to exercise any right under this Agreement shall not constitute a waiver of that right. A waiver shall only be effective if it is made in writing by the Party granting the waiver and shall apply only to the specific matter for which it was granted.
22.5Severability
If any provision of this Agreement is found by a court or competent authority to be unlawful, invalid or unenforceable, that provision shall be interpreted, limited or removed only to the extent necessary. The remainder of this Agreement shall continue in full force and effect.
22.6Assignment
The Operator may not assign, transfer or delegate its rights or obligations under this Agreement without the prior written consent of Shoot & Cast. Shoot & Cast may assign or transfer this Agreement as part of a sale, merger, restructuring or transfer of its business, provided that the successor accepts the obligations contained in this Agreement.
22.7Independent Contractor
The Operator remains an independent contractor.
Nothing contained in this Agreement creates:
- an employment relationship;
- a partnership;
- a joint venture;
- a franchise;
- or an agency relationship
between Shoot & Cast and the Operator. The Operator has no authority to bind Shoot & Cast or enter into agreements on behalf of Shoot & Cast.
22.8Electronic Signatures
The Parties agree that this Agreement, Schedule A and any related documents may be accepted or signed electronically. Electronic signatures and electronic acceptance shall have the same legal effect as handwritten signatures, to the extent recognised by applicable law.
22.9Notices
Any notice required under this Agreement may be given by:
- email;
- the Shoot & Cast Platform;
- another agreed electronic communication method; or
- any other method permitted by applicable law.
Each Party is responsible for keeping its contact details accurate and up to date.
22.10Confidential Commercial Information
The Parties acknowledge that the Commercial Schedule, commission arrangements and other commercial terms agreed between Shoot & Cast and the Operator are confidential.
Neither Party shall disclose such information except:
- with the written consent of the other Party;
- where required by law; or
- where disclosure is reasonably necessary to perform this Agreement.
22.11Survival
The following provisions shall survive termination of this Agreement where their nature requires them to continue:
- confidentiality;
- payment obligations;
- intellectual property;
- limitation of liability;
- indemnities;
- dispute resolution;
- governing law;
- electronic records;
- and any other provision intended to survive termination.
22.12Interpretation
Unless the context indicates otherwise:
- words in the singular include the plural and vice versa;
- references to persons include natural and legal persons;
- references to legislation include amendments and replacement legislation;
- “including” means “including without limitation”;
- headings are for convenience only and do not affect interpretation; and
- references to writing include electronic communications recognised by applicable law.
22.13Good Faith
The Parties agree to perform their obligations under this Agreement honestly, professionally and in good faith. Both Parties acknowledge that the long-term success of Shoot & Cast depends upon trust, cooperation, transparency and the consistent delivery of exceptional Experiences.
22.14Effective Date
This Agreement becomes binding when:
- the Operator accepts it electronically;
- signs it physically or electronically;
- or is approved by Shoot & Cast and begins participating on the Platform,
whichever occurs first. The Agreement shall remain in force until terminated in accordance with its terms.
22.15Final Acknowledgement
By accepting this Agreement, the Operator confirms that:
- they have read and understood this Agreement;
- they have had a reasonable opportunity to obtain independent legal or professional advice if they wished to do so;
- they understand the rights and obligations created by this Agreement;
- they enter into this Agreement voluntarily; and
- they intend to be legally bound by its terms.
The Parties further acknowledge that this Agreement is intended to establish a professional, transparent and long- term commercial relationship that benefits both the Operator and Shoot & Cast while providing Customers with safe, reliable and professionally managed outdoor Experiences.

