Terms of Service
These Terms of Service govern the use of the BDFish, LLC website and the purchase of fish, stocking deliveries, raceway leases, water quality monitoring, and harvest and grading services from our spring fed hatchery at 1322 N 400 E, Centerville - 84014-1238, United States (US). By visiting this site, placing an order, or asking our crew to deliver fish, you agree to these terms. Please read them closely. If you do not agree, do not use the site or our services. These terms are written to be clear and fair, and they apply to every client, pond owner, club, and grower we work with.
1. Acceptance of These Terms
By accessing this website, submitting a contact form, requesting a quote, reserving a tray, or accepting a delivery, you agree to be bound by these Terms of Service and by our Privacy Policy. If you act on behalf of a club, a business, or another person, you represent that you have authority to accept these terms for that party. If you do not have that authority, or if you do not agree with these terms, you must not use the site or our services.
These terms apply from the moment you first interact with us and continue until all orders and obligations between us are complete, unless a provision by its nature survives longer. A quotation, an order confirmation, or a delivery record does not change these terms unless both parties agree in writing. Any different terms you may send us are rejected unless our crew accepts them in a signed document.
2. Eligibility to Use Our Services
Our services are offered to adults who are legally able to enter a contract. You must be at least eighteen years of age to place an order or to accept a delivery. If you are under that age, an adult must handle the request and remain responsible for the order. We may ask for reasonable confirmation of identity, ownership of the water, or authority to stock a site before we agree to a delivery.
We serve clients across the Mountain West from our hatchery near Centerville, and a delivery depends on our crew being able to reach your water safely. We may decline a request if the site is out of our range, if access is unsafe, or if we believe the order would break a law or a rule that applies to the water. We will explain a refusal when we can, and we will not keep a payment for a service we cannot provide.
3. Orders and Reservations
An order begins when you request fish or a service and we accept it. We accept an order by confirming a tray number, a take date, or a delivery window in writing by email or on a written order record. A request alone does not create a binding order, and a spot on a delivery route is not guaranteed until we confirm it. Because our fish are reared on a seasonal cycle, availability depends on the tray and the size class that is ready at the time you ask.
Reservations for the winter egg take close when the lot is fully claimed or when the spawn window opens, whichever comes first. If a lot you wanted is full, we will offer the next available date and size class. You are responsible for giving us complete and accurate details, including the species, the size class, the quantity, the delivery address, the access notes, and a working phone number for the delivery day.
4. Pricing and Payment
Prices for fish and services are set out in your quote or order confirmation. Because live fish pricing depends on size class, species, and availability, a quote may include a validity period, and we may revise a price if your needs change or if costs shift before the order is locked. We will tell you before we apply a revised price, and you may cancel without penalty if the new price does not suit you.
Payment terms are stated on the order confirmation. We may require a deposit to hold a tray or a delivery slot, with the balance due before or on delivery. We accept the payment methods we list at the time of the order. Late amounts may pause an order until the account is settled. If a payment is reversed or a check is returned, you agree to cover the reasonable costs we incur, and we may suspend further service until the matter is resolved.
5. Stocking Deliveries and Scheduling
We plan stocking deliveries around the cool hours of the day so the fish ride in the best conditions we can give them. You agree to provide safe, reasonable access for our truck and crew, including a clear route to the release bank and any gate codes or contact details we need. If our crew arrives and the access is blocked, unsafe, or different from what was described, we may wait a short time and then leave, and a return trip may carry an extra charge.
Schedules can move because of weather, road conditions, water temperature, or the health of the fish. If we must reschedule, we will contact you as soon as we can and offer the next available window. If you must reschedule, give us as much notice as possible so we can rework the route. Delivery windows are estimates, and a delay within a reasonable range is not a breach of these terms.
6. Live Fish and Counts
Live fish are a natural product, and their condition depends on water, handling, temperature, and transport. We count the fish into the delivery tank and provide a written count. That count is our good faith statement of what was loaded. Upon release, the count is final unless you raise a concern at the time of delivery and our crew records it on the release sheet. We are not responsible for losses that occur after the fish are released into your water.
We take great care in grading and handling, but we cannot promise that every fish will survive in a new environment. Water quality, predators, temperature swings, and aeration in your pond can all affect survival after release. If a concern arises about the condition of the fish at delivery, tell our crew immediately so we can inspect the load together and note it on the record. Claims raised days or weeks after release are difficult to verify and may not be accepted.
7. Raceway Leases
A raceway lease gives you a dedicated channel or section of our raceways for a set period. We handle feeding, cleaning, and the daily walk of the troughs while your fish hold that channel, and we keep a standing count you may review. Leases are offered by the season or the year, subject to space and to the health of the water and the other batches on the bench. A lease does not transfer ownership of the raceway or the hatchery facility.
Under a lease, you agree to follow our feeding and handling rules so that disease control and water quality are protected. If a batch in your channel develops a problem that threatens other fish, we may take reasonable steps to isolate or treat the batch, and we will tell you what we did. A lease may be ended early by either party for good cause, such as a legal restriction on moving fish or a risk to the health of the hatchery stock.
8. Water Quality Monitoring
Our water quality monitoring service measures dissolved oxygen, temperature, pH, hardness, and clarity at your pond or along the raceway run. We log the readings and give you a plain language summary with advice for the season ahead. The monitoring service is a tool to help you manage your water, not a guarantee of a particular outcome. Readings reflect conditions at the time of the visit and can change quickly with weather, flow, and feeding.
You agree to give our crew safe access to the sampling points and to tell us about any aeration, treatment, or recent stocking at the site. Advice we offer is general guidance for the conditions we observe. You remain responsible for the final decisions about your water and your fish. We are not liable for losses that follow a management choice you make, whether or not it was discussed during a monitoring visit.
9. Harvest and Grading Service
When you book a harvest or grading service, our crew arrives with nets, tanks, and a sorting grate. We grade fish by size, count them, and either move them to new water or keep them live for harvest. We work carefully to limit handling, but the process involves netting and sorting that naturally stresses fish. We will tell you if we believe a batch is not suited to the service or if a different approach would serve the fish better.
You agree to provide a safe working area, an accessible bank, and clear instructions about what should happen to each size class. Unless we have agreed otherwise in writing, harvested fish that are not relocated become your property at the site, and you are responsible for their handling, storage, and use. We keep a count sheet for every harvest so you have a record of what came out of your water.
10. Client Responsibilities
You are responsible for the accuracy of the information you give us, for the safety of your site, and for compliance with the rules that apply to your water. You agree to tell us about anything that could affect a delivery or a service call, such as a locked gate, a washed out road, a shallow bank, a power line near the release point, or a pond that has recently been treated. You also agree to keep your contact details current so we can reach you about scheduling.
You are responsible for your pond and its inhabitants before and after we visit. We are not responsible for preexisting conditions, for other species in the water, for water rights disputes, or for acts of third parties. If you sell or move fish we delivered, you are responsible for meeting any health, transport, or licensing rules that apply to that activity.
11. Permits, Licenses, and Law
Moving live fish is regulated, and the rules differ by state and by water. You agree to obtain and maintain any permit, license, or written permission needed to stock or move fish at your site, and to give us proof when we ask. We will not knowingly take part in a stocking that breaks a law or a rule that applies to the water. If a permit is required and not in place, we may pause or cancel the order and refund amounts for services not yet performed.
We comply with the rules that apply to our hatchery, including health checks and transport requirements for live fish. If a government authority restricts the movement of fish because of a disease or a quarantine, we may have to delay or cancel an order. In that case we will work with you to reschedule when the restriction lifts, or to refund a payment for work we cannot do.
12. Cancellations and Refunds
You may cancel an order before it is locked, and we will refund any deposit less the costs we have already committed to the order. Once fish are graded and loaded for a delivery, or once a lease period has begun, a cancellation may be limited because the work and the fish are already committed. We will always explain what part of a payment can be returned before you decide.
If we cancel an order because we cannot provide the service, because of a legal restriction, or because the water is unsafe, we will refund the amount paid for the part we did not deliver. Refunds are issued through the same method used to pay, unless we agree otherwise. Charges for work already completed, such as a completed monitoring visit or a completed grading day, are not refundable. We aim to handle every cancellation fairly and without unnecessary delay.
13. Limitation of Liability
To the fullest extent allowed by law, BDFish, LLC is not liable for indirect, incidental, special, consequential, or punitive damages arising out of or related to the site or the services, including lost profits, lost fish, lost data, or loss of goodwill. Our total liability for any claim related to an order will not exceed the amount you paid us for that order. This limit applies even if we were told about the possibility of such damages and even if a limited remedy fails of its essential purpose.
Some places do not allow certain limitations, so part of this section may not apply to you. Nothing in these terms limits liability that cannot be limited by law. We ask that you report any concern promptly so we have a chance to address it before it grows.
14. Disclaimer of Warranties
The website and the services are provided on an as available basis. To the fullest extent allowed by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the site will be uninterrupted, secure, or free of error, or that any information on it is complete or current.
We do stand behind the fish we deliver and the counts we keep, and we will address a genuine problem with a load as described in these terms. Beyond that, the success of a stocking depends on your water and your management, which we do not control. Any guidance we offer about water, species, or care is given in good faith based on what we observe at the time.
15. Indemnification
You agree to defend, indemnify, and hold harmless BDFish, LLC and its owners, crew, and agents from any claim, loss, liability, cost, or expense, including reasonable legal fees, that arises from your use of the site, your breach of these terms, your violation of a law or a permit condition, or your handling of fish after delivery. This includes claims brought by third parties who share or use your water.
We will let you know about any claim that may require indemnification and will work with you in good faith. We reserve the right to take part in the defense of a matter that affects our name or our interests, at our own cost. Your duty to indemnify survives the end of these terms and the completion of the related order.
16. Website Use and Intellectual Property
The content of this website, including its text, layout, graphics, and the hatchery raceway design, belongs to BDFish, LLC or is used with permission. You may view and print pages for your own personal or business use in connection with our services, but you may not copy, republish, or resell our content without written permission. The BDFish, LLC name and any marks we use are our property.
You agree not to misuse the site, including by attempting to gain unauthorized access, by loading malicious code, by scraping content in bulk, or by interfering with its normal operation. We may suspend access to anyone who misuses the site. Any feedback you send us about the site or our services may be used by us without obligation, and we will not treat it as confidential unless we agree otherwise in writing.
17. Governing Law and Disputes
These terms are governed by the laws of the State of Utah in the United States, without regard to its conflict of law rules. Any dispute that we cannot resolve together will be handled in the state or federal courts that sit in Utah, and both parties agree to that location and to the exercise of personal jurisdiction there. Before filing a claim, we ask that you contact us and give us a reasonable chance to resolve the matter directly.
Where the law allows, any claim must be brought within one year after the event that gave rise to it. If a dispute involves a small amount, either party may use a small claims process where one is available. Nothing in this section prevents either party from seeking urgent relief to protect its rights or the safety of people and property.
18. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, our operations, or the law. When we make a material change, we will revise the effective date at the top of this page and may provide additional notice on the site. The terms in force at the time of your order are the terms that apply to that order, unless a change is required by law.
Your continued use of the site or our services after an update means you accept the revised terms. If you do not agree with a change, you may stop using the site, and you may contact us about any open order so we can finish or close it in a fair way. We encourage you to review this page now and then.
19. Severability and Entire Agreement
If any part of these terms is found to be unenforceable, the rest stays in force, and the unenforceable part will be limited or replaced to the smallest extent needed to make it valid. Our failure to enforce a provision on one occasion does not waive our right to enforce it later. Headings are for convenience only and do not change the meaning of a section.
These terms, together with our Privacy Policy and any written order confirmation, make up the entire agreement between you and BDFish, LLC about the site and the services. They replace any earlier understanding on the same subject. No crew member or agent may change these terms by a casual statement; a change must be in writing and accepted by both parties.
20. How to Contact Us
If you have questions about these Terms of Service, or if you want to talk through an order or a concern, please contact our hatchery. We would rather solve a problem directly than let it grow.
BDFish, LLC
1322 N 400 E, Centerville - 84014-1238, United States (US)
Email: help@bdfish.hair
Phone: +17793675850
Website: https://www.bdfish.hair/
When you contact us about a legal matter, please include the order details, the date of the order, and a clear description of what you would like us to do. We will confirm receipt and respond within a reasonable time.
These Terms of Service apply to the website and services of BDFish, LLC. Please read them together with our Privacy Policy, which explains how we handle personal information.