Hall v. Perry

2009 WY 83, 211 P.3d 489, 2009 Wyo. LEXIS 94, 2009 WL 1858258
CourtWyoming Supreme Court
DecidedJune 30, 2009
DocketS-08-0167
StatusPublished
Cited by12 cases

This text of 2009 WY 83 (Hall v. Perry) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Perry, 2009 WY 83, 211 P.3d 489, 2009 Wyo. LEXIS 94, 2009 WL 1858258 (Wyo. 2009).

Opinion

HILL, Justice.

[T1] Kenneth Hall was injured when he was thrown from a horse while participating in a deer hunt guided by Hidden Creek Outfitters. The district court ruled that a document signed by Mr. Hall entitled "Release of Liability and User Indemnity Agreement Hunting and Camping" (the Release) precluded his negligence action and granted summary judgment in favor of Bill Perry and Hidden Creek Outfitters. Mr. Hall argues that the Release was not enforceable because it was not supported by separate consideration. We conclude that the Release was part of the parties' original agreement and, therefore, separate consideration was not required to make it enforceable.

[12] We affirm.

ISSUES

[13] The dispositive question in this case is whether the district court properly ruled, as a matter of law, that the Release was enforceable without separate consideration. 1

FACTS

[14] Mr. Hall, a resident of North Carolina, and three of his friends planned a guided mule deer hunt in northwestern Wyoming in the fall of 2005. They contacted Bill Perry, the owner of Hidden Creek Outfitters, to act as their outfitter for the hunt. Hidden Creek Outfitters sent a "Letter Contract of Agreement" (hereinafter "Letter Agreement") to Mr. Hall. The Letter Agreement, signed by Mr. Hall (designated as "Client") on February 20, 2005, stated that Hidden Creek Outfitters (designated as "Outfitter") would provide him with a five-day guided hunt, preferably November 6 through 10, 2005. Hidden Creek Outfitters agreed to "stress safety throughout the hunt" and "Iplrovide professional, licensed guides" as well as other necessities such as food, lodging, ete. Mr. Hall agreed to "be personally responsible for each provision herein and sign each contract, agreement and attachment hereto." The Letter Agreement further provided:

2. ... Client will provide Outfitter a list as to his physical limitations, allergies, health and weight problems, required medications, and dietary restrictions when returning this contract. Client understands that notwithstanding any other provisions of this contract, Outfitter may, in his sole discretion return any fees and decline to accept Client for reasons stated on such form. CLIENT AGREES THAT HE ASSUMES THE RISK OF HUNTING BASED UPON ANY DISCLOSED OR UNDISCLOSED CODITION (sic) REQUIRED BY SUCH FORM,
3. FEES AND CONDITIONS
In consideration of the Outfitter providing the services as set forth hereinabove the *491 Client agrees to pay the Outfitter the sum of $2500.00 [handwritten] plus a 3% forest service fee, in U.S. funds or money order, as follows:
A. Deposit of [$1000.00 crossed out and $500.00 written in] which shall be paid by - the Client to the Outfitter with a signed copy of 'this agreement OR the contract will be null and void and in no way binding on the Outfitter unless accepted by him in his sole discretion ...-.
B. The balance of the fee shall be paid in two (2) installments as follows:
(1) 50% of hunt cost, minus deposit, when tag is drawn
(2) Balance due 30 days prior to hunt.
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G. In the event the Outfitter materially defaults in the performance of any portion of his obligations hereunder, due to 'his own fault, the Client, as his sole and exelu-sive remedy, either at law or equity, shall be entitled to the return of his fee in full upon demand....
4. DISCLOSURES, DISCLAIMERS, AND WAIVERS
The Client acknowledges that he has signed, understood and (sic) the Release and Indemnity Agreement, incorporated above, and further acknowledges that he understands that the risks associated with the primitive conditions of the hunt area, the elevation, weather conditions, unavailability of medical attention, travel by foot, vehicle, or horseback ... are substantial, and that while the Outfitter will attempt through ordinary and réasonable care to minimize the risks, such risks are specifically assumed by the Client.
5. MISCELLANEOUS
A. Any attachment or addendum hereto signed by the parties, or one party as required by the terms thereof, shall be a part of this agreement and be incorporated herein by reference as if set forth verbatim. In the event that any provision contained in such attachment or addendum is contrary to or inconsistent with any provisions set forth herein, the provisions of the attachment or addendum shall supersede and prevail over any such provision herein as to such inconsistency.
B. This agreement, including exhibits, schedules, attachments, and addenda attached hereto sets forth the entire understanding and agreement between the parties and supersedes any prior agreement, written or oral. ©

The signed Letter Agreement indicated that Mr. Hall had provided a $500,00 deposit.

[15] Mr. Hall's hunting party arrived at the lodge used by Hidden Creek Outfitters on November 5, 2005. They gathered around the dining table where a Hidden Creek Outfitters employee, Jim Keilholtz, gave them the Release. They were asked to read over the document, ask any questions, and then sign and initial it in the indicated The Release provided in relevant places. part:

I, [handwritten] Kenneth R. Hall (CLIENT) hereby acknowledge that I have voluntarily applied and contracted to participate in the sport or activity of hunting/camping from a primitive camp, with equipment and or services to be provided by BILL PERRY, DBA. HIDDEN CREEK OUTFITTERS/TETON WILDERNESS OUTFITTING, TER). By my initials hereon and at each place hereafter marked (INITIAL [handwritten] KRH ) I have signified my agreement with and acceptance of the terms, statements, and conditions herein.
I UNDERSTAND AND AGREE that the described sport or activity and all other hazards and exposures connected with the activities conducted in the outdoors do involve risk and that I am cognizant of the risk and dangers inherent with hunting and camping, and in particular in the mountains of Wyoming and that I ... [am] fully capable of participating in the activities contracted for and willingly assume the risk of injury as my responsibility, including ... use of animals, ... collisions with trees, rocks, or other manmade or natural obstacles, whether they are obvious or not obvious. (INITIAL [handwritten] KRH). _
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*492 I UNDERSTAND AND AGREE that any route or activity, chosen as a part of the hunting/eamping trip in which I ... am participating may not be the safest but has or will be chosen for its interest, challenge, or best meeting the goals of the services for which I am contracting. Should animals ever be used or are present as a part of our activities, I ...

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Bluebook (online)
2009 WY 83, 211 P.3d 489, 2009 Wyo. LEXIS 94, 2009 WL 1858258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-perry-wyo-2009.