37-47-401. Purpose. It is recognized that some activities conducted by outfitters, guides, and outfitter‘s assistants within the scope of their authorized services are inherently hazardous to participants regardless of all feasible safety measures that may be taken. It is the purpose of this part, subject to 27-1-753, to define those areas of responsibility and affirmative acts or omissions for which outfitters, guides, and outfitter’s assistants are liable for loss, damage, or injury and those risks for which the participant expressly assumes or is considered to have voluntarily assumed the risk of loss or damage.

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Terms Used In Montana Code 37-47-401

  • 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