Membership Agreement
Overview: The purpose of this document is to establish a binding agreement between Cold Winds LLC and Member(s) (Hunter, Business that lists Resources, Advertising Sponsor, or Property/Land Manager) relative to the operation of Cold Winds LLC, and the fully owned and operated websites Cold Winds Outdoors, and/or Cold Winds Hunting and the activities of the Member(s).
Member Roles: Cold Winds Hunting has three defined roles of the members, and an individual can be one or more of the roles. All Members have ratings that help to advise on the level of trust that should be considered. 1) Hunter. Pays a seasonal membership fee and can sign leases of property for themselves and other Hunter members. 2) Property or Land Manager. Might or might not be the actual owner of the property, if not the owner the Property Manager needs to present documentation of having authority to engage in leasing of property. Property Manager is paid by Cold Winds and payments are reported through 1099’s. Property Manager must provide W-9 for tax identification purposes, prior to any payment. Cold Winds collects a commission fee on lease transactions. 3) Advertising Sponsor. Pays to run advertisements on the Cold Winds site aimed at Hunters or Property Managers.
Member Roles: Cold Winds Outdoors has two defined roles of the members and presently no Rating system is in use by the website. 1) User Account who will pay a yearly membership fee to administer Business information and Resource schedules on the Cold Winds Outdoors website. 2) Advertising Sponsor. Pays to run advertisements on the Cold Winds site aimed at Public or Member Businesses.
Member Guest(s): If and When a Member is allowed to have Guest(s), all Member Guest(s) agree to be bound by this agreement. The Member must maintain written signature copies for his/her Guest(s), to be produced immediately upon request. If Guest(s) is under the age of 18, a parent or guardian signature is required on the written copy.
Member Pet(s): Members often bring hunting dogs to the properties. The Member is 100% responsible and liable for every action of the pet(s).
Electronic Acceptance: The Membership Agreement is accepted by electronic means prior to Members establishing an account or taking place in any member account activity. Member must agree to be bound by this agreement and all further revisions.
Communication: The Member agrees that all Communication can come in the form of an e-mail to the e-mail account listed on his/her membership. Cold Winds is not responsible for any loss in delivery or loss in the storage of e-mail communications. When available, a messaging system within Cold Winds would also be an accepted form of communication.
Termination of membership: A) Cold Winds LLC can terminate the Members membership at any time, without advance notice and without reason. B) The Member can terminate the membership at any time, without advance notice and without reason. Membership fees are non-refundable. Many Member types can be canceled via online means. A Membership can also be canceled via a written request, allow at least 14 business days' notice on written member cancellations and a written request needs to state “request to cancel membership” and identify the member by the primary e-mail contact. Further - If Tax Reporting is required all parties agree to maintain contact information to facilitate the tax reporting. If signed leases between members are agreed, but not ended Cold Winds will need advance notification of the proposed solution from members of both sides of the lease and all parties agree Cold Winds will make the final determination on how to proceed, within 2 weeks of notification.
Release of Liability: By accepting this Membership Agreement the Member agrees to release Cold Winds LLC and any owners from any claim of liability. Furthermore, the Member acknowledges the inherent risk of outdoor and hunting activity along with potential fraud and scam attempts that may come from other Cold Winds Members. Further - Fraud & Scams Cold Winds uses a Rating System to help detect Fraud & Scams. Ratings are an indication of history, but not a guarantee to future transactions.
When something bad happens, always put safety and human life first. If appropriate, call for help and notify the proper Authorities. Notify the Property Manager and advise Cold Winds on the situation status. Property Managers are required to assist in handling problem situations that arise on the property they manage.
Rules: ALL PROPERTY SPECIFIC, LOCAL, STATE, AND FEDERAL LAWS MUST BE OBEYED. Every Member is responsible to know the laws and property boundaries for the location of their activity. All members shall comply with any special rules required by the Lessor as outlined in the lease agreement.
Safety: Members (and guests) are required to put safety first; to think and act safely in all the activities. Hunting or the use of any weapon on leased land while impaired by mind-altering drugs or alcohol is strictly prohibited!!
Respect: Be respectful, so that you can be respected. All Members associated with Cold Winds LLC are required to be respectful. Be respectful to other members, of other people's time, property, and wishes. Be respectful of the laws and wildlife. If you make a mess, clean up after yourself. If you break something, let someone know and be responsible. When using someone else’s property, all things should be at departure, the same as they were on arrival. Simple rule - Always do the right thing and never do the wrong thing. Be a Leader by the example of your actions and words.
Taxes: Any Member that receives any form of payment from Cold Winds LLC is required to report and remit any required Sales tax and any required income tax. Cold Winds LLC does not offer advice on tax other than to be sure to account for any/all tax liabilities in the pricing of leases.
Financial: Electronic Funds Transfer Authorization
I ("I" means all account owners) hereby authorize Cold Winds LLC, and their agents, affiliates, employees or successors (collectively, Cold Winds), to provide me with the Electronic Funds Transfer Service. I acknowledge that I have read and agree to the terms of the Electronic Funds Transfer Disclosures. I agree that the information I provide in connection with the Electronic Funds Transfer Service is complete and accurate.
ACH Authorization: I authorize Cold Winds LLC to initiate debit and credit entries to my bank account at the financial institution (Financial Institution) designated above using the Automated Clearing House (ACH) or other payment transfer service chosen by Cold Winds LLC from time to time and upon my instructions. I agree that the origination of ACH transactions must comply with provisions of U.S. law. This authorization is to remain in full force and effect until Cold Winds has received notice from me of its termination in such time and in such manner as to afford Cold Winds and the Financial Institution a reasonable opportunity to act on it.
Cancellation of leases: Cold Winds LLC works with a wide variety of leases. Unless noted on the lease, cancellation of a lease is not refundable. The Property Manager would determine if any refundable apportionment is available. Cold Winds LLC is not liable for lease refunds. Even when a Lease is not refundable, it may be transferable, always contact the Property Manager and Cold Winds at the earliest possible date to allow the most time to see what options might be available.
Trespassing: DO NOT TRESPASS. If someone is observed trespassing on a Cold Winds LLC listed property. Assist law enforcement by taking a photo of the violator and/or their vehicle. Record the date and time of the incident, what the violator was wearing, and any other details that will help identify the perpetrator(s). DO NOT ENGAGE THE TRESPASSER(S), NOTIFY THE PROPERTY MANAGER.
Conflict of Interest: Conflicting interests are not allowed and may cause termination of membership. Cold Winds LLC is a technology platform for connecting our Members with owners and managers (a.k.a Property Managers) of assets (typically private land, private waters, and private structures) for the purpose of hunting, fishing, or outdoor-related activities. Cold Winds manages the leases, provides a reservation system, facilitates payments, and manages tax reporting documentation (1099). Cold Winds is paid through Membership fees, Lease commission fees, and Advertising Banner Ad fees. Cold Winds is not a provider of meals, transportation, or guiding services. A Property Manager can use billing outside of the Cold Winds platform for services not provided by Cold Winds as long as Cold Winds agrees it is reasonable apportionment. If further clarification is needed contact Cold Winds through Contact Us on https://www.coldwindshunting.com or https://www.coldwindsoutdoors.com or e-mail. Most Situational questions will be answered on the FAQ pages on https://www.coldwindshunting.com.
Intellectual Property: All Ratings, Reviews, Images, and History information uploaded, shared, or posted onto Cold Winds websites and social media services becomes the property of Cold Winds and or the service provider.
Member Information privacy: Members have access to view other Members' e-mail, text, phone, and property location information as a part of routine course of business, Cold Winds does not offer any privacy of Member contact or location information provided. Cold Winds will not sell e-mail, text, phone, or mailing lists to any third parties.
Member Account Passwords: Passwords are the “keys” to protecting your personal information stored on Cold Winds sites and Members are responsible for securing their accounts & passwords. Cold Winds is not responsible for Member passwords. Passwords should be at least 8 and up to 15 characters, have a mix of upper and lowercase along with numbers and special characters. Passwords should never be common words or easily guessed. Using a passphrase approach like GO2sd4MOREBIRD$ is the latest security recommendation.