Terms of Service

1. Acceptance Of These Terms

By visiting our website, sending us an enquiry or engaging our services, you agree to these Terms of Service. If you do not agree with any part of them, please do not use the website and do not engage our services.

If you accept these terms on behalf of an organisation, you confirm that you have authority to bind that organisation. In that case, references to you include the organisation and the people who act for it.

These terms work alongside any written programme agreement that we sign with a client. Where a signed programme agreement conflicts with these terms, the signed agreement takes priority for that programme.

2. Definitions

In these terms, the Company, we, us and our refer to CAJJIA EVENFALL OUTDOOR SERVICES LLC, a company operating from 1060 Sherwood Dr, Ogden - 84404-4527, United States (US). Evenfall Outdoor is the trading and developer name used by the Company.

Client refers to a person or organisation that engages the Company to provide a service. Participant refers to a person who takes part in a programme arranged by a Client. Website refers to the pages served at evenfalloutdoor.buzz.

Services refers to the expedition equipment and field operations systems work described on our website, including expedition equipment outfitting, field kitchen systems, trail programme planning, gear inspection and certification, group camp logistics and equipment lifecycle management.

Programme Agreement refers to a written document signed by the Company and a Client that describes the scope, schedule and fees for a specific engagement. Deliverables refers to the manifests, diagrams, registers, plans and other materials the Company produces for a Client.

3. Our Services

The Company provides professional services related to expedition equipment and field operations systems. Our work includes the design of equipment envelopes, the layout of field kitchens, the planning of trail programmes, the inspection and certification of gear, the coordination of group camp logistics and the management of equipment across its service life.

The scope of a service is defined in the relevant Programme Agreement or in a written quotation that the Client accepts. We may provide services in phases, and each phase may have its own schedule and fee.

We may decline a request, or stop work on a programme, if we believe that delivering it would be unsafe, unlawful or outside our competence. Where we decline after accepting a deposit, we will refund amounts that relate to work not performed.

The website describes our services for information purposes. Nothing on the website is a binding offer, and a service only becomes binding when both parties sign a Programme Agreement or when the Company confirms an order in writing.

4. Eligibility And Authority

Our services are intended for organisations and adults who can enter into a binding contract. Where a Client is a school, a guide company, a research institution or another organisation, the person who signs on its behalf confirms that the organisation has authorised the engagement.

The Client is responsible for ensuring that all Participants are properly enrolled and informed. Where a programme involves minors, the Client is responsible for obtaining consent from a parent or guardian and for providing supervision throughout the programme.

The Client confirms that any information it provides to the Company is accurate and complete to the best of its knowledge. If information changes in a way that affects a programme, the Client will notify the Company promptly so that plans and equipment can be adjusted.

5. Enquiries, Quotes And Orders

An enquiry begins a conversation and does not create an obligation on either side. When we understand a requirement, we may issue a written quotation that describes the proposed scope, assumptions, schedule and fees.

A quotation remains open for the period stated in it, or for thirty days if no period is stated. The Company may withdraw or revise a quotation before it is accepted, particularly if the requirement changes or if workshop capacity is no longer available.

An order becomes binding when the Client accepts the quotation in writing and, where a deposit is required, when the deposit is received. Until then, the Company may hold no capacity for the requested dates.

Changes to an agreed order must be requested in writing. The Company will confirm whether a change is possible, whether it affects the schedule and whether it changes the fee.

6. Fees And Payment

Fees are stated in the relevant quotation or Programme Agreement. Unless stated otherwise, fees are quoted in United States dollars and do not include taxes, duties, shipping or third party charges, which are added where applicable.

The Company may require a deposit before work begins, with the balance due at the milestones described in the Programme Agreement. Invoices are payable within the period stated on the invoice, and the Company may charge interest on overdue amounts where the law permits.

If a Client cancels a confirmed order, the Company may retain amounts that cover work already performed, materials already committed and capacity already reserved. We will explain any retention and provide a written account on request.

The Client is responsible for the accuracy of billing information it provides. If an invoice is disputed, the Client should contact us promptly and pay the undisputed portion while the question is resolved.

7. Client Responsibilities

A successful programme depends on cooperation. The Client agrees to provide accurate information about group size, route, season dates, experience levels and specific requirements, and to respond to questions that affect the design of the programme.

The Client is responsible for the conduct of its Participants and for ensuring that they follow the safety instructions and field practices provided with the equipment. The Client will not ask the Company to certify or supply equipment that it knows to be damaged, modified or unsuitable for its intended use.

The Client will ensure that suitable people are available for the dry rig review and any handover session. Where the Client cannot attend, it will nominate a representative with authority to approve the configuration on its behalf.

The Client is responsible for obtaining any permits, permissions or land access approvals that a programme requires. The Company can advise on typical requirements but does not act as the Client in those applications.

8. Equipment And Certification

The Company inspects equipment against published tolerance limits and records the outcome in a certification register. A certification tag confirms the condition of an item on the date of inspection. It is not a guarantee of performance in every circumstance and does not transfer responsibility for field judgement to the Company.

Certification is valid for the period stated on the tag or in the register. The Client agrees to return equipment for re-inspection at the recommended intervals and after any event that may have affected its condition.

Where an item fails inspection, the Company will quarantine it and provide a written defect note. The Client may ask the Company to repair the item, replace it or retire it. The Company will not certify an item that does not meet the applicable standard.

Where the Company supplies equipment to a Client, ownership and risk are determined by the Programme Agreement. Unless stated otherwise, risk passes to the Client on delivery and ownership passes when the Company has received payment in full.

9. Delivery, Staging And Returns

The Company will use reasonable efforts to meet the schedule stated in the Programme Agreement. Dates are estimates unless the agreement states that a date is fixed. Delays caused by weather, supply problems, transport disruption or events outside our control may affect the schedule, and we will notify the Client if a material delay is likely.

Deliveries are made to the address agreed with the Client. The Client should inspect a delivery promptly and report any shortage or damage within the period stated in the Programme Agreement or, if none is stated, within five business days.

Where equipment is returned to the Company after a programme, the Client is responsible for returning it in a clean and complete condition, together with all accessories, spares and documentation. The Company may charge for cleaning, replacement or repair of missing or damaged items.

Staged equipment that is held at the Client request beyond an agreed collection date may incur a storage charge. The Company will set out any such charge in writing before it applies.

10. Safety And Field Conduct

Outdoor activity carries inherent risk. The Company designs safe systems and supplies equipment that has been inspected, but it cannot remove the risks of weather, terrain, wildlife, human error or remote conditions.

The Client is responsible for field decisions and for the supervision of its Participants. The Client will follow the operating instructions supplied with the equipment, including lighting sequences, fuel handling rules and campsite layout guidance.

The Client will ensure that at least one person in the group holds suitable first aid training and that appropriate communication and emergency plans are in place. The Company can provide planning templates but does not replace the judgement of the group leader.

If the Company becomes aware of a safety issue that affects delivered equipment, it will notify the Client and recommend the action required. The Client agrees to act on such a notice promptly and to stop using the affected item until it is cleared.

11. Intellectual Property

The Company owns the intellectual property in its website, its design methods, its templates, its layout drawings, its certification systems and its written materials. These materials are protected by copyright and other rights.

When a Client engages the Company, the Client receives a licence to use the Deliverables for its own internal programme purposes. This licence does not permit the Client to resell, publish or distribute the Deliverables as a commercial product without written permission.

The Company retains the right to describe a programme in general terms for its own portfolio, provided that it does not disclose confidential information belonging to the Client. The Client will tell us if it wishes a programme to remain confidential.

If a Client provides materials to the Company, the Client confirms that it has the right to do so and grants the Company a licence to use those materials for the purpose of the programme.

12. Acceptable Use Of The Website

You may browse our website and use its content for lawful purposes. You agree not to interfere with the operation of the site, not to attempt to gain unauthorised access to our systems and not to introduce malicious code or harmful material.

You agree not to scrape the site at a volume that degrades service for others, not to misrepresent your identity and not to use the site to send unsolicited commercial messages. Automated access that respects published rules and reasonable volume is acceptable.

The Company may suspend access to the website for maintenance or to protect the site from abuse. We do not guarantee continuous availability, and we may change or remove content at any time.

13. Third Party Materials

The website may reference third party products, standards or resources. Such references are for information and do not imply endorsement. The Company is not responsible for the content, availability or practices of third party sites.

Where a programme uses equipment or materials supplied by a third party, the terms of that supplier may also apply. The Company will identify the relevant supplier where this affects the Client.

If a dispute arises between a Client and a third party supplier, the Company will provide reasonable cooperation but is not a party to that dispute unless a Programme Agreement states otherwise.

14. Warranties And Disclaimers

The Company will perform its services with reasonable skill and care, consistent with the standards of a professional expedition systems practice. This is the primary warranty we give for our services.

The website and its content are provided as they are and as they are available. To the fullest extent permitted by law, the Company disclaims implied warranties of merchantability, fitness for a particular purpose and non infringement that are not expressly stated in these terms.

The Company does not warrant that equipment will be free from wear, that a programme will be free from adverse weather or that a route will be free from hazard. Outdoor activity involves variables that no supplier can control.

Nothing in these terms excludes or limits a warranty or right that cannot lawfully be excluded or limited. Where a jurisdiction grants you a mandatory right, that right applies in full.

15. Limitation Of Liability

To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost opportunity or loss of data, arising from or related to the website or the services.

To the fullest extent permitted by law, the total liability of the Company for all claims arising from or related to a programme is limited to the fees actually paid by the Client for the service that gave rise to the claim.

The Company is not liable for a failure or delay caused by events beyond its reasonable control, including severe weather, wildfire, transport failure, supply interruption, labour disruption or government action.

These limits apply regardless of the legal theory on which a claim is based, whether contract, tort, strict liability or otherwise, and they survive the end of the working relationship. Some jurisdictions do not allow certain limits, so parts of this section may not apply to you.

16. Indemnity

The Client agrees to indemnify and hold harmless the Company, its members, officers, employees and agents from claims, losses, damages, liabilities and reasonable costs arising from the Client use of the website or services.

This indemnity includes claims that arise from a breach of these terms by the Client, from the Client failure to obtain required permits or consents, and from the conduct of Participants during a programme.

The indemnity does not extend to claims caused by the gross negligence or wilful misconduct of the Company. Where a claim is covered by insurance, the indemnity applies only to the extent the loss is not recovered from the insurer.

17. Suspension And Termination

The Company may suspend or terminate a programme if a Client breaches these terms, fails to pay an undisputed invoice, provides false information or acts in a way that endangers people or equipment.

Either party may terminate a Programme Agreement for material breach that remains uncured after written notice and a reasonable opportunity to remedy. Either party may terminate immediately if the other becomes insolvent or ceases to operate.

On termination, the Client will pay for work performed and commitments made up to the effective date, and will return any Company equipment and confidential materials in its possession. Sections of these terms that by their nature should survive termination will continue to apply.

18. Governing Law And Disputes

These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law rules. The courts located in Weber County, Utah have jurisdiction over disputes that are not resolved informally.

Before starting formal proceedings, the parties agree to attempt to resolve a dispute through good faith discussion. Either party may send a written notice describing the issue, and the parties will meet, in person or by remote means, within a reasonable time.

If discussion does not resolve the dispute, the parties may agree to mediation before filing a claim. Nothing in this section prevents a party from seeking urgent relief to protect its rights or to prevent harm.

19. Changes To These Terms

The Company may update these terms from time to time to reflect changes in its services, its practices or the law. The version published on this page is the current version and replaces any earlier version.

When we make a material change, we will update the date shown at the top of this page and, where appropriate, provide a more prominent notice. Continued use of the website or services after a change takes effect indicates acceptance of the updated terms.

A Programme Agreement is governed by the version of these terms that was current when the agreement was signed, unless the parties agree otherwise in writing.

20. How To Contact Us

If you have a question about these terms or about a programme, please contact us using any of the details below. We will route your question to the team member best placed to answer it.

These terms are provided by Evenfall Outdoor for the website at evenfalloutdoor.buzz and for the professional services described on it.