OPS has developed a Member Benefit package which is intended to protect our members from various legal pitfalls that we have identified as prevalent within our hunting and guiding community. OPS members are held to the very highest standards in the hunting industry and hold themselves out as individuals and outfits that follow the game laws and take great pride in their high ethical standards. As such, members of OPS will accept the following terms:
1. All members will agree to self-report all potential or actual game violations to the appropriate authorities as soon as they possibly can to avoid exclusion of Member Benefits by worsening their situation;
2. All members will report all potential or actual game violations to OPS as soon as they possibly can to avoid exclusion of Member Benefits;
3. All members will acknowledge that any game violations that are committed intentionally will exclude them from their Member Benefits;
4. All members will acknowledge that if they take affirmative actions to cover-up a potential or actual game violation they will be excluded from their Member Benefits;
5. A member must have committed an alleged game violation during the time they are an OPS member and be charged during the time they are an OPS member in order for them to be afforded their Member Benefits;
6. All memberships are at the sole discretion of OPS staff;
7. All information given to OPS by a potential member will be truthful;
8. All memberships will be active from January 1st of the new year until December 31st of the same year;
9. All members agree that even if they do not agree with a game law as it is written they will follow the law and their Member Benefit is not to be used to challenge any existing game laws, but for the protection of our members that have unintentionally violated the game laws as written and enacted by the appropriate State, Federal, or Provincial Government;
10. All members agree that attorneys that have been approved by OPS have been vetted as being experienced trial attorneys in the field of defending our Members charged with game violations. That attorneys recommended by OPS have agreed to negotiated attorney’s fees and are prepared to represent our members. If members decide to use their own attorneys they must be approved by OPS. If a member begins representation with an attorney that is not approved by OPS they may lose their Member Benefits. If a member wants to use their own attorney OPS will personally speak to their attorney and determine their qualifications as experienced in the field of game law violations. Further, they must agree to OPS’s billing requirements that include a free consultation for our members and negotiated legal fees.
11. All members agree that their attorney client relationship is the sole responsibility of our member and their attorney. OPS is not responsible for any action or inaction of our member’s attorney that is dissatisfactory to our member. We have spoken with each attorney we recommend and we have determined that based upon their experience they will serve our members needs. The past success of each of the attorneys OPS recommends are in no way a guarantee of any future outcome in any particular case.
12. All members agree that they are responsible for the first $2,500.00 in legal fees with their particular attorney. OPS Member Benefits will engage after the first $2,500.00 is paid to their attorney in accordance with their particular retainer agreement. Proof of this billing will be supplied to OPS by their particular attorney’s office. OPS will only pay a member’s attorney legal fees as they are billed to OPS from the attorney’s office and up to a maximum under the Member Benefit regardless of the status of the case.
13. All members agree that any legal services, such as contract work or arbitration representation will be the sole responsibility of Ryder Law Firm. OPS will not be responsible for any dissatisfaction a member may have with the representation of Ryder Law Firm.
14. All members agree that any claims for malpractice liability shall be made directly against the attorney or law firm that is providing our member with legal services. OPS is in no way liable for the malpractice committed by attorneys who work for our members. OPS is not a law firm and does not hold itself out as practicing law for our members.
15. All members agree to arbitrate any dispute with OPS in Madison County, New York and all members agree to allow American Arbitration Association to conduct all arbitrations over any disputes between our member and OPS.
16. All members acknowledge that although OPS asks their outfitter and guide members to offer all members a discount of their hunt costs this is within the sole discretion of each individual outfitter or guide member.
17. All members agree that the information they provide OPS at the time they join OPS is true to the best of their knowledge. Any misinformation provided to OPS may cause a member to lose their Member Benefits.
18. Outfitter members agree that only the guides they list in the enrollment application are covered under their Membership Benefits.
19. All members acknowledge that OPS exists to protect our members from all forms of legal liability. As part of this mission OPS will afford our members up to $50,000.00 above the first $2,500.00 in legal fees to defend them against unjust prosecution of an unintentional game violation. Members further acknowledge that this member benefit is only afforded for one charge or one specific incident per year. Once this single charge or specific incident is initiated and/or resolved, even if the defense fees are not exhausted or the case is not yet resolved, the member is not afforded any further defense fees in the same calendar year for any other charges or incidents.
20. Although OPS uses the most sophisticated verification process available today, a lack of information or misinformation can result in mistakes. OPS promises to do our very best with the information provided to us. OPS will not be liable for any mistakes made in the verification process as we are only human and doing our best with the information provided.