Listing Terms & Disclaimer
This Listing Agreement (“Agreement”) is a binding legal contract between you (“Provider”) and Waverii, LLC (“Waverii”, “we”, “our”, or “us”), a platform facilitating the promotion of surf, travel, and adventure-related services (the “Platform”). By creating a listing on Waverii, you confirm that you have read, understood, and agreed to the terms outlined below.
1. Definitions
- “Provider” refers to any individual or business entity listing services on the Platform.
- “Client” refers to any user booking or engaging with listed services.
- “Listing” refers to any profile, offering, or content published by a Provider on the Platform.
- “Services” refers to any activity, experience, rental, instruction, or other offering provided by a Provider.
- “Surf-related service” includes, but is not limited to: surf lessons, board or gear rentals, surf guiding or coaching, surf photography, surfboard shaping or repair, transportation to surf spots, surf fitness or yoga sessions, and surf-centric lodging or experiences that cater to the surf lifestyle.
- “User” collectively refers to both Providers and Clients.
2. Eligibility & Authority
- Are at least 18 years of age;
- Have full legal authority and all necessary permits, licenses, and insurance to offer the Services listed;
- You represent and warrant that you:
- Are not restricted by any existing agreements, laws, or regulations from entering into this Agreement.
3. Accuracy & Responsibility
- You agree that all information in your Listing (including service descriptions, pricing, photos, and credentials) is accurate, truthful, and current.
- You are solely responsible for the legality, quality, delivery, and safety of your Services, and for compliance with all applicable laws, local regulations, safety codes, and insurance requirements.
4. Fees & Payment Terms
- Waverii may charge fees for listings or premium services. All such fees are non-refundable unless explicitly stated otherwise.
- You are solely responsible for setting up and managing your own payment processing. Waverii does not process payments on your behalf and assumes no responsibility for payment issues or disputes between you and Clients.
5. Client Interaction & Conduct
- You must maintain professional communication with Clients and clearly state your policies regarding cancellations, modifications, and refunds.
- You are solely responsible for fulfilling confirmed bookings. Failure to do so may result in removal from the Platform.
6. Intellectual Property & Content License
You retain ownership of your content. However, by publishing on the Platform, you grant Waverii a non-exclusive, royalty-free, worldwide license to use, reproduce, publicly display, distribute, and promote your Listing content in connection with the operation of the Platform.
7. Platform Disclaimer & Limited Role
- Waverii is a neutral listing platform only. We do not own, manage, supervise, inspect, or control any Provider, Client, or Service.
- Waverii does not endorse or guarantee the quality, legality, or safety of any Listings or Services. Providers are independent parties and not employees, agents, or representatives of Waverii.
8. Risk Acknowledgment & Assumption
- You acknowledge that surf-related and adventure activities carry inherent risks of injury, loss, or death.
- You voluntarily assume all such risks and agree that Waverii is not liable for any harm resulting from your provision of or participation in any Service.
9. Release & Indemnification
You agree to release, defend, indemnify, and hold harmless Waverii and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- Your use of or access to the Platform.
- Your Listings or Services.
- Your violation of this Agreement or applicable law.
- Any interaction, dispute, or transaction with a Client or third party.
10. Limitation of Liability
To the maximum extent permitted by law, Waverii shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
11. No Warranty
Waverii provides the Platform “as is” and “as available” without warranty of any kind, express or implied. We make no guarantees regarding uptime, performance, or suitability for any particular purpose.
12. Force Majeure
Waverii shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, civil unrest, pandemics, governmental restrictions, or other acts of God.
13. Ethical Conduct & Non-Discrimination
- Providers agree to comply with Waverii’s community standards and ethical engagement guidelines.
- Providers shall not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, or any other protected status.
- Providers agree to conduct their services with respect for all Clients and communities, upholding principles of equity and inclusion.
14. International Human Rights & Cultural Sensitivity
- Providers agree to conduct their Services in compliance with all applicable local laws and international human rights standards.
- Providers shall act with cultural sensitivity and respect for Indigenous Peoples, local communities, and vulnerable populations.
- Providers must avoid any exploitative, harmful, or unethical practices and shall comply with any relevant safeguarding policies.
15. Child Protection & Safeguarding
- If your Services involve minors, you agree to implement appropriate safeguarding measures, including obtaining parental or guardian consent and conducting relevant background checks where required by law.
- Providers shall adhere to all applicable laws and best practices to protect the safety and wellbeing of children and vulnerable individuals.
16. Changes to Terms
Waverii may update these terms at any time. We will notify you of material changes. Continued use of the Platform constitutes acceptance of the updated terms.
17. Governing Law & Dispute Resolution
- This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles, unless local law requires otherwise.
- Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, except where prohibited by law.
- In the event of a conflict between applicable mandatory local laws and the provisions of this Agreement, such local laws shall prevail to the extent required by law.
18. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
This Agreement constitutes the entire understanding between you and Waverii with respect to your use of the Platform and supersedes all prior agreements, written or oral.
20. Acceptance
By creating a Listing, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. If you do not agree, do not use the Platform.