DeerStrike

Member Terms of Service, Waiver and Release of Liability

Member Terms of Service, Waiver and Release of Liability

1. SERVICE DISCLAIMER, SCOPE OF USE, AND RELATIONSHIP DEFINITIONS

1.1. Nature and Scope of Service (Disclaimer of Warranty)

DEERSTRIKE INC. (hereinafter the “Organization”) provides a digital platform and informational bulletin board service only. The Organization’s function is solely to facilitate the crowdsourcing and exchange of voluntary, non-verified, user-generated data regarding potential wildlife strike locations. THE ORGANIZATION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR SAFETY OF ANY INFORMATION, including, but not limited to, strike locations, species identification, road conditions, or other data posted by any User or Member. MEMBER ACKNOWLEDGES THAT THE INFORMATION PROVIDED IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE RELIED UPON FOR CRITICAL SAFETY, LEGAL, OR MEDICAL DECISIONS. The Organization assumes no obligation to verify, monitor, edit, or delete the content of any strike report.

1.2. Limitation of Liability and Assumption of Risk for Information

Member acknowledges and agrees that THE ORGANIZATION ASSUMES ZERO RESPONSIBILITY for any and all outcomes arising from the Member’s decision to act upon, use, or rely upon any data obtained through the service. The Member accepts and assumes full responsibility for all risks associated with the crowdsourced nature of the information, including the risk of inaccuracy, unreliability, and potential harm resulting from such inaccuracy.

1.3. Independent Relationship (Disclaimer of Employment)

The relationship between the Organization and the Member is strictly that of an independent contractor, as explicitly defined in Section 4. The Organization is NOT an employer, agent, partner, joint venture, or co-venturer with the Member. This agreement does not create any fiduciary, statutory, or implied duty of care between the Organization and the Member, other than those duties expressly created by this written agreement.

1.4. Member’s Sole Responsibility for Actions and Compliance

The Member is SOLELY RESPONSIBLE for their actions, personal safety, compliance with all applicable local, state, and federal laws, and the condition of their equipment and vehicles in relation to any attempted wildlife recovery activity. Any communication or information provided by the Organization shall not be construed as direction, instruction, or authorization to violate any law, compromise safety, or infringe upon the rights of any third party.

2. ASSUMPTION OF RISK, COVENANT NOT TO SUE, AND UNCONDITIONAL WAIVER OF LIABILITY

2.1. Acknowledgment of Inherent Risks (Assumption of Risk)

THE MEMBER EXPRESSLY AGREES AND ACKNOWLEDGES THAT WILDLIFE SALVAGE, TRANSPORTATION, AND ASSOCIATED ACTIVITIES ARE INHERENTLY DANGEROUS AND INVOLVE SIGNIFICANT AND UNPREDICTABLE RISKS, which the Member is fully aware of and voluntarily accepts. These risks include, but are not limited to:

  • A. Traffic and Vehicle Hazards: Accidents, collisions, and vehicular damage resulting from operating a motor vehicle on public roadways, often during poor visibility conditions (nighttime, fog), in congested areas, or on dangerous road shoulders.
  • B. Physical and Bodily Injury: Sprains, fractures, abrasions, lacerations, permanent disability, and death resulting from handling large deceased animals, use of recovery equipment, exposure to biohazards, and adverse environmental conditions (weather, terrain).
  • C. Biological and Pathogen Exposure: Exposure to infectious diseases, parasites, and pathogens, including but not limited to Chronic Wasting Disease (CWD), rabies, ticks, or other zoonotic agents, and potential resulting illness or disease.
  • D. Third-Party and Property Damage: Damages or losses to the Member’s personal vehicle, equipment, or other property, as well as liability for damage caused to third-party property during recovery efforts.
  • E. Environmental and Site Risks: Hazards related to the environment, including exposure to wild animals, uneven terrain, lack of light, and potential encounters with hostile or uncooperative individuals.

THE MEMBER VOLUNTARILY ASSUMES FULL AND UNCONDITIONAL RESPONSIBILITY FOR ALL SUCH RISKS, KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, AND FOR ANY INJURY, LOSS, OR DAMAGE RESULTING THEREFROM.

2.2. Unconditional Waiver and Release of Liability

IN CONSIDERATION OF BEING PERMITTED ACCESS TO AND PARTICIPATION IN THE ORGANIZATION’S SERVICE, THE MEMBER HEREBY UNCONDITIONALLY RELEASES, WAIVES, AND FOREVER DISCHARGES DEERSTRIKE INC., including its officers, directors, employees, agents, VOLUNTEERS, SUCCESSORS, AND ASSIGNS (collectively, the “Released Parties”), from any and all liability, claims, demands, actions, losses, or damages, including those resulting from THE RELEASED PARTIES’ OWN NEGLIGENCE, INCLUDING ORDINARY NEGLIGENCE of any kind, resulting from, or alleged to result from, the Member’s use of the service, participation in, or travel related to any recovery activity.

2.3. Covenant Not to Sue and Indemnity Reinforcement

THE MEMBER EXPRESSLY COVENANTS NEVER TO INSTITUTE ANY SUIT OR ACTION AT LAW OR IN EQUITY against the Released Parties, and further agrees that this unconditional waiver and release shall be binding upon the Member’s estate, heirs, executors, administrators, personal representatives, and assigns. THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF GEORGIA AND IS GOVERNED BY GEORGIA LAW.

3. LEGAL COMPLIANCE, PUBLIC HEALTH, AND NO WARRANTY OF FITNESS

3.1. Member’s Sole Responsibility for Legal Compliance

THE MEMBER IS SOLELY AND ABSOLUTELY RESPONSIBLE FOR ALL LEGAL ASPECTS OF THE RECOVERY AND TRANSPORTATION ACTIVITY. The Member affirms they have investigated and understand all applicable Georgia statutes, regulations, and local ordinances governing the salvage, possession, and transportation of road-killed wildlife, including, but not limited to, GEORGIA CODE §27−3−28. The Member is solely responsible for obtaining and possessing any required permits, licenses, or authorizations necessary to legally perform the recovery and transport service. The Organization provides NO REPRESENTATION, LEGAL ADVICE, OR GUARANTEE that any specific recovery activity is lawful.

3.2. Traffic Safety and Tort Liability

The Member shall, at all times, adhere to all state and local traffic laws, motor vehicle codes, and public safety regulations during the entire recovery and transportation process, including travel to and from the site. The Member explicitly agrees and warrants that the Member shall assume ALL LIABILITY for any and all traffic violations, accidents, personal injuries, or property damage resulting from the operation of the Member’s vehicle or equipment. The Member’s use of the Organization’s service does not grant any special privileges or exemptions from standard motor vehicle laws.

3.3. Public Health and Food Safety Disclaimer

The Member is EXCLUSIVELY RESPONSIBLE for verifying the species of wildlife, its physical condition, and its suitability for consumption. The Member acknowledges that salvaged wildlife may carry diseases, parasites, pathogens (e.g., CWD), or other biological hazards, and that THE ORGANIZATION HAS NO MEANS OF VERIFYING OR CERTIFYING the health or safety of any animal reported or recovered.

DEERSTRIKE INC. PROVIDES NO REPRESENTATION, WARRANTY, OR GUARANTEE, EXPRESS OR IMPLIED, REGARDING THE FITNESS, QUALITY, MERCHANTABILITY, OR SAFETY OF ANY SALVAGED WILDLIFE FOR CONSUMPTION. The Member agrees to hold the Organization harmless from any and all claims, including those related to illness, injury, or death, resulting from the handling, consumption, or distribution of salvaged wildlife.

4. INDEPENDENT CONTRACTOR STATUS, FINANCIAL TERMS, AND TAX RESPONSIBILITY

4.1. Definition of Independent Contractor

The Member agrees and affirms that the Member’s relationship with DEERSTRIKE INC. is, and shall remain, that of an INDEPENDENT CONTRACTOR and not that of an employee, agent, partner, or joint venturer. The Member understands and agrees that the services provided are non-exclusive and the Member retains the absolute right to provide similar services to any other entity or individual, at any time, without restriction from the Organization.

4.2. Control of Work and Methods (Non-Interference Clause)

The Member is engaged solely to achieve a specific result (the successful delivery of venison). The Member acknowledges that DEERSTRIKE INC. RETAINS NO CONTROL WHATSOEVER over the means, methods, manner, specific working hours, or route the Member chooses to execute the recovery and transportation service. The Member is responsible for providing their own vehicle, equipment, tools, and supplies, and for bearing all associated costs. THE MEMBER BEARS THE RISK OF PROFIT OR LOSS for each recovery attempt, as the stipend is conditional upon successful delivery.

4.3. Stipend for Service and Anti-Barter Clause

The Venison Recovery and Transportation Service Stipend is payment solely for the Member’s time, expense, and the successful delivery of the venison to a designated processor. THE STIPEND IS NOT A WAGE, SALARY, OR HOURLY COMPENSATION. THE STIPEND DOES NOT CONSTITUTE THE PURCHASE OR BARTER OF WILDLIFE, which is expressly prohibited by law and by this agreement. The stipend is considered nonemployee compensation for services rendered.

4.4. Financial Independence, Taxes, and Indemnity

The Member is ABSOLUTELY AND SOLELY RESPONSIBLE for all taxes, fees, and government obligations arising from the compensation received under this agreement. This includes, but is not limited to, federal and state income tax, self-employment tax, Social Security, and Medicare contributions. DEERSTRIKE INC. will issue IRS Form 1099-NEC for nonemployee compensation as required by law (for payments totaling $600 or more). MEMBER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DEERSTRIKE INC. from any and all claims, assessments, or liabilities, including penalties, interest, and attorney’s fees, arising from any government determination that the Member is an employee of the Organization.

4.5. Disclaimer of Benefits and Insurance

The Member is NOT entitled to any employee benefits, including, but not limited to, retirement benefits, paid time off, medical or dental insurance, disability insurance, unemployment compensation, or worker’s compensation insurance from DEERSTRIKE INC. The Member is responsible for securing their own liability and automobile insurance coverage and acknowledges that the Organization does not provide insurance coverage for the Member’s activities or equipment.

4.6. Non-Discrimination and Professional Conduct

The Member, while acting as an independent contractor in connection with DeerStrike Inc. services, agrees to conduct all recovery and transportation activities, and any interactions with the public, with professional integrity and without discrimination against any individual based on race, color, religion, gender, sexual orientation, national origin, age, disability, or any other characteristic protected by law.

4.7. Right to Allocate Opportunities (Non-Guarantee)

The Member acknowledges that DeerStrike Inc. utilizes an internal priority system (which may include a proprietary algorithm) to allocate strike opportunities. DeerStrike Inc. reserves the absolute right to limit, restrict, or prioritize the display of strike opportunities based on objective, non-discriminatory, mission-related criteria, including but not limited to:

(a) the Member’s geographic proximity to the strike location

(b) the Member’s proven history of successfully meeting the Product Specifications in Appendix A and B (Checkpoint 3 Pass Rate)

( c) the Member’s availability and

(d) compliance with required equipment or safety standards. The Organization makes NO WARRANTY OR GUARANTEE that the Member will receive any specific volume or frequency of opportunities. This allocation system is a necessary tool for managing the Organization’s mission-critical deadlines (e.g., the 4-Hour TSD limit) and does not constitute control over the Member’s methods or manner of work.

5. INDEMNIFICATION, DUTY TO DEFEND, AND HOLD HARMLESS COVENANT

5.1. Duty to Defend and Indemnification

THE MEMBER AGREES TO DEFEND (AT THE MEMBER’S SOLE EXPENSE), INDEMNIFY, AND HOLD HARMLESS DEERSTRIKE INC., including its officers, directors, employees, agents, VOLUNTEERS, SUCCESSORS, AND ASSIGNS (collectively, the “Indemnified Parties”), from and against ANY AND ALL CLAIMS, LAWSUITS, LOSSES, LIABILITIES, COSTS, AND EXPENSES, including, but not limited to, FINES, PENALTIES, AND REASONABLE ATTORNEY’S FEES AND COURT COSTS, regardless of the merit of such claims.

5.2. Scope of Indemnification

This indemnification obligation is BROADLY AND LIBERALLY CONSTRUED to cover any demand or suit arising out of or in connection with the Member’s use of the Organization’s service, any recovery attempt, or the Member’s breach of these Terms, specifically including, but not limited to:

  • A. Member’s Own Misconduct: Claims arising from the Member’s OWN NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR CRIMINAL ACTS (e.g., traffic accidents, reckless driving, or intoxication while performing the service).
  • B. Breach of Warranty: Claims arising from the Member’s breach of any warranty or representation made in this Agreement (e.g., misrepresentation of being an independent contractor).
  • C. Third-Party Claims: Claims brought against the Organization by any third party (including property owners, accident victims, or government agencies) related to the Member’s recovery or transportation activities.
  • D. Tax Reclassification: Claims, audits, or assessments levied by any federal, state, or local government entity asserting that the Member is an employee of the Organization (reinforcing Section 4.4).
  • E. Discrimination or Harassment Claims: Claims arising from the Member’s violation of the non-discrimination standards set forth in Section 4.6.

5.3. Survival and Enforcement

The obligations of the Member to defend, indemnify, and hold harmless the Indemnified Parties shall survive the termination of the Member’s agreement with the Organization and shall be fully enforceable in the State of Georgia.

6. BINDING ACKNOWLEDGMENT AND GOVERNING LAW

6.1. Binding Agreement and Voluntary Consent

THE MEMBER EXPRESSLY WARRANTS AND ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ AND FULLY UNDERSTANDS THE ENTIRE CONTENTS OF THIS AGREEMENT, including all disclaimers, waivers, assumption of risk provisions, and indemnification obligations. The Member enters into this agreement VOLUNTARILY, FREELY, AND WITHOUT DURESS or undue influence and agrees to be legally bound by all of its terms and conditions.

6.2. Conspicuous Acknowledgment of Release

THE MEMBER SPECIFICALLY ACKNOWLEDGES AND AGREES TO THE RELEASE FROM ALL LIABILITY, INCLUDING CLAIMS ARISING FROM DEERSTRIKE INC.’S OWN NEGLIGENCE (as set forth in Section 2), and acknowledges the financial and tax responsibilities associated with INDEPENDENT CONTRACTOR STATUS (as set forth in Section 4). This conspicuous acknowledgment ensures the waiver is fully enforceable under Georgia law.

6.3. Governing Law and Jurisdiction

This Agreement shall be construed, interpreted, and governed by the laws of the STATE OF GEORGIA, without regard to its conflict of laws provisions. The Member and the Organization agree that any suit, claim, or legal proceeding arising out of or related to this Agreement shall be brought exclusively in the appropriate STATE OR FEDERAL COURTS LOCATED IN FULTON COUNTY, GEORGIA.

7. INCORPORATION OF APPENDICES AND CHECKPOINTS

7.1. Incorporation by Reference The following documents, which define the contractual result and conditional payment structure for the services rendered, are hereby incorporated into this Agreement by reference and shall be considered legally binding as if fully set forth herein:

7.2. Agreement to Specifications The Member acknowledges and agrees that adherence to the objective food safety and physical standards set forth in Appendix A and Appendix B is a condition precedent to receiving the Full Recovery Stipend, and these Appendices define the exact professional Result purchased by the Organization.