37-47-403. Duties of participants. (1) A participant shall:

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Terms Used In Montana Code 37-47-403

  • Guide: means a person who is employed by or who has contracted independently with a licensed outfitter and who accompanies a participant during outdoor recreational activities that are directly related to activities for which the outfitter is licensed. See Montana Code 37-47-101
  • Outfitter: means any person, except a person providing services on real property that the person owns for the primary pursuit of bona fide agricultural interests, who for consideration provides any saddle or pack animal, facilities, camping equipment, vehicle, watercraft, or other conveyance, or personal service for any person to hunt, trap, capture, take, kill, or pursue any game, including fish, and who accompanies that person, either part or all of the way, on an expedition for any of these purposes or supervises a licensed guide or outfitter's assistant in accompanying that person. See Montana Code 37-47-101
  • Participant: means a person using the services offered by a licensed outfitter. See Montana Code 37-47-101
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)act as would a reasonably prudent person when engaging in the activities offered by a licensed outfitter or guide or by an unlicensed outfitter’s assistant in this state;

(b)receive permission from the outfitter or guide prior to embarking on any self-initiated activity and inform the outfitter or guide of the participant’s plans and intentions upon receiving permission to engage in the self-initiated activity.

(2)A participant may not:

(a)interfere with the running or operation of an outfitter’s, guide’s, or outfitter’s assistant’s activities when those activities conform to the standards of care set forth in 37-47-402 or 37-47-405;

(b)use the outfitter’s, guide’s, or outfitter’s assistant’s equipment, facilities, or services unless the participant has requested and received permission from the outfitter, guide, or outfitter’s assistant;

(c)knowingly, purposely, or negligently engage in any type of conduct that contributes to or causes injury to the participant or any other person.