This Trip Listing Agreement (the “Agreement”) establishes the terms and conditions between Guide Authority North Inc. (“Guide Authority”) as the operators of GuideAuthority.com (the “Website”), and users of the Website who build a guide profile for the purposes of offering guided trips on the Website (“guide”, “guides” or “you”). This Agreement sets out the mutually agreed upon terms governing the relationship between you and Guide Authority, including, how you generate guide profiles and guided trips on the Website, how you list trip offerings on the Website, how you receive booking fees from users who book trips through the Website and how Guide Authority promotes and markets you and your trip offerings to users of the website.
Before you list your trip offerings on the Website, you must read the Agreement and agree to all of the terms set out below. By using the Website, you agree to be bound by all terms of the Agreement and you warrant that you understand, agree to and accept all of the terms set out below.
Guide Authority connects guides with individuals who are seeking to obtain guided trips (“clients”). Guide Authority performs this service through the Website, which is a communications and payment-processing platform enabling guides to connect with clients. In addition to maintaining the Website, Guide Authority handles client service demands through telephone, email and live chat mediums, and promotes your trip offerings through various means, including social media, search engine optimization, pay per click programs, public relations and print advertising.
As a guide, you understand that you are an independent contractor and are NOT an employee of Guide Authority. As an independent contractor, you are responsible for the following: i) obtaining and maintaining general liability insurance and the applicable business license(s), ii) withholding all applicable taxes, iii) the conduct of any employees of your guide service, and iv) withholding all applicable taxes from those employees.
Moreover, as a guide, you agree that the clients who connect with you through the Website, in addition to being your clients, are also the clients of Guide Authority, and you will use your best efforts to ensure that any sales resulting from such customers are processed through the Website, or such other means as are mutually agreed upon by you and Guide Authority. However, as an independent contractor, you are not restricted to listing trips through Guide Authority and you may provide your services and book trips throughout other mediums.
As a guide, you represent and warrant to Guide Authority that you are aware of, and are at all times in compliance with, any licensing and legal restrictions that may be placed on the delivery by you of any guided trips. This includes, but is not limited to, the requisite licensing and safety certifications for fishing, climbing, paddling and hunting trips.
2. Use of Site and Services
Upon Guide Authority’s acceptance of you as a Guide, Guide Authority will generate a guide profile and you will be able to build trip offerings and update your calendar to indicate your availability through the Guide Dashboard.
3. Grant of Limited License
By posting content to the Website, you:
- grant Guide Authority and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for the purpose of selling and marketing Guide Authority or your trip offerings;
- warrant and represent that you own or otherwise control all of the rights to the content and that use of your content by Guide Authority does not violate the rights of any third party; and
- in the event that content you upload to your Guide Authority website violates the rights of a third party, you agree to indemnify Guide Authority against any losses and liabilities that may result from the action of such third party against Guide Authority.
Clients seek the services of Guide Authority through the use of the Website. Guides may opt to have Guide Authority collect the entire fee due for the guide’s services through the payment-processing platform on the Website.
Alternately, only in cases where it is impractical to remit money to you, Guides may opt to have Guide Authority collect only a booking fee. In this case, the client will make payment for the Guide services purchased at the time the trip is taken, in the amount and currency specified at the time of booking. Whether you this alternative is employed is at the sole discretion of Guide Authority and must be mutually agreed upon before a trip offering is listed on the Website.
Guide Authority will process refunds or credits for errors made by Guide Authority or other extenuating circumstances.
5. Booking Fee
In order to compensate Guide Authority for its services, Guide Authority charges a percentage of the trip booking-fee. The percentage charged is 10%. Guide Authority may reduce this fee at any time, either permanently or for a limited period. It may be increased only upon 30 days notice to you, the guide, by email.
6. Payments to You
If Guide Authority collects the entire amount of the booking fee, you will be able to withdraw all funds actually received by us, less our booking fee, through the Guide Dashboard. If Guide Authority collects only the booking fee, then no further payment is due to you.
Payment will accumulate in your account on the Website and a withdrawal via Stripe is available 48 hours following the completion of a booked trip.
Guide Authority is committed to ensuring the privacy of the information provided by guides. Our Privacy Statement is located on the Website.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT THE YOUR SOLE RISK. GUIDE AUTHORITY DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES GUIDE AUTHORITY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability and Remedies
Under no circumstances will Guide Authority be liable to you for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, the TOTAL liability of Guide Authority arising with respect to this Agreement and the Website will not exceed the total amounts collected by us and not yet paid to you under this Agreement. Any notice or other communication to be given hereunder will be in writing and given via electronic mail.
THE MAXIMUM TOTAL LIABILITY OF GUIDE AUTHORITY UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER REASON WILL BE LIMITED TO THE GREATER OF (I) $100 OR (II) THE PAYMENTS RECEIVED BY GUIDE AUTHORITY AND ARE UNPAID TO YOU.
10. Guide Expectations
- Guide Authority expects that you are a professional, whose primary concern is to provide clients with high-quality outdoor adventure experiences. To that end, you always act in a friendly, calm but professional manner. You understand that everything you say and do is a reflection of you and your business. You accept that you have total responsibility for the client’s happiness and safety. In the event that a client expresses dissatisfaction with their experience, you respond to the complaint in an appropriate manner – even if the complaint is groundless.
- Full Disclosure
- Guide Authority expects that you practice full and complete disclosure. You promise that all information in your guide profile and trip description pages are accurate and up-to-date. Where changes due to weather or other circumstances are possible, they are noted in the tour description.
- Questions regarding tour details or tour bookings are responded to as soon as possible, but no longer than within 48 hours. If you will be out of touch for a period of time, you’ve assigned a back up person to deal with any issues that arise when contacted by a client or Guide Authority.
- Guide Authority expects that once a tour booking is confirmed, you will use commercially reasonable efforts to deliver the tour unless there is an illness or other exceptional circumstance. In this case, as soon as possible, you will inform both the client and Guide Authority so that Guide Authority can work with you to find an alternate date for the trip. In all cases, you are responsible for the successful delivery of your trip offerings.
- You are proactive and confirm all details of your trips, at least two days prior to the trip commencement date. During the trip, you understand that you are responsible for the well-being of your customers and are aware of their safety at all times.
Upon a request by Guide Authority, you agree to defend, indemnify, and hold harmless Guide Authority and its affiliated companies, their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website. Guide Authority reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Guide Authority in asserting any available defenses.
12. Modification of the Terms of this Agreement
Guide Authority reserves the right to make changes to this Agreement from time to time. Guide Authority shall provide notice to you of any substantive and/or material changes to this Agreement or any policies posted on the Website. Such notice shall be by email and posting on the Website.
13. Term of Agreement
This Agreement will become effective immediately following your use of the Website and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Guide Authority may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of Guide Authority as posted on the Website from time to time.
Should you violate the terms of this Agreement, Guide Authority reserves the right to terminate your use of the Website immediately at its sole discretion.