Additional Terms for Experience Hosts
Last Updated: March 20, 2021
You agree to these Additional Terms for Experience Hosts (“Experience Host Terms“) when you submit a Listing for an Experience on the Wellwild Platform.
These Experience Host Terms supplement the Wellwild Terms of Service (“Terms”) and the Wellwild Payments Terms of Service (“Payments Terms”), and, except as explicitly stated herein, the Terms and Payments Terms apply in full to all Experience Hosts, Experience Listings, and Experiences. All capitalized terms not defined here have the meaning given to them in the Terms. Nothing in these Experience Host Terms shall be construed to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and the Experience Host Terms, these Experience Host Terms control to the extent of the conflict.
- Listing an Experience. To list an Experience, you must create a Listing and submit the Experience to Wellwild. Experiences must at all times meet the standards and requirements for Experiences. When listing an Experience you must, where applicable, fully educate and inform Guests about (i) any risks inherent or incidental to the Experience, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Experience (including dress codes, equipment, special certifications or licenses, etc.). Wellwild reserves the right to decide, in its sole discretion, whether a submitted Experience will be published on the Wellwild Platform.
- Hosting Wellwild Guests. Once your Experience is published on the Wellwild Platform, you will have the ability to add dates and times when you offer your Experience through the Wellwild Platform (an “Instance“). By making an Instance of your Experience available on the Wellwild Platform, you agree that only people who book through Wellwild can attend that Instance of the Experience. You further agree that you will not allow people to attend any Instance of your Experience available on the Wellwild Platform unless that person booked through Wellwild (or was added as an additional Guest for a spot booked through the Wellwild Platform).
- Social Impact Experiences. If you wish to provide an Experience that benefits a social impact organization (a “Social Impact Experience”), you and the benefitting organization must comply with the Social Impact Experience eligibility requirements. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of the benefitting organization and (ii) acknowledge and agree that all payouts will be directed to an account owned by the benefitting organization unless the benefitting organization has obtained authorization from Wellwild as outlined in the Social Impact Experience eligibility requirements. You and the benefitting organization acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with Wellwild, and Wellwild is not a professional fundraiser or commercial participator. If the benefitting organization is a nonprofit, the nonprofit, and not Wellwild, is responsible for determining what, if any, portion of its Total Price is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and the benefitting organization are solely responsible for complying with all laws that apply to the organization and your Social Impact Experience.
- Equipment. You are responsible for providing all equipment, including supplies, vehicles, venues and other materials (“Equipment“) necessary to host your Experience. You are solely responsible for ensuring that the Equipment used in your Experience is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
- Additional Experience Host Responsibilities. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience; and (iii) ensuring that your Listing and/or Hosting of an Experience will not breach any agreement you may have with any third party. You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.
- Termination. As an Experience Host, you may terminate this agreement at any time by sending us an email or by removing all of your Experiences from the Wellwild Platform. Wellwild may terminate this agreement immediately and without notice and stop providing access to the Wellwild Platform if you materially breach this agreement and/or our other Terms or Policies, you violate applicable laws, or we reasonably believe termination is advisable to protect Wellwild, its Members or third parties. If your Experience Listing has been inactive for 120 or more days, we may remove it from Wellwild. If you reside in the United States, or the organization you are acting for is established in the United States, the language in this Section 6 supersedes Section 13.2 of the Terms with respect to all activities related to Hosting an Experience.
- Hosting as a Team or Organization. You must provide your Experience in person and may not allow any third party to provide the Experience on your behalf, unless authorized by Wellwild. Any member of a team, business, or organization that interacts with Guests must be added to an Experience via the method designated by the Wellwild Platform. See Section 6.5 of the Terms for information about hosting as part of a team, business or organization as well as the Listing Management Terms of Service, which are incorporated herein.
- Insurance. We may require that you obtain your own insurance in order to publish an Experience on the Wellwild Platform. In such cases, you agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Experience with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on your Experience. You agree to cooperate with Wellwild to verify such insurance coverage. In the event that Wellwild has obtained its own liability insurance that covers your Experiences, your insurance will be the primary source of coverage and Wellwild’s insurance will operate as excess or secondary insurance for any amounts exceeding your coverage. Our procurement of such secondary insurance coverage does not relieve you of your obligation to obtain insurance in amounts required by us.
- Severability. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
- Modifications to these Experience Host Terms. Wellwild reserves the right to modify these Experience Host Terms at any time in accordance with Section 14 of the Terms.
- Survival. Unless you reside in the European Economic Area, United Kingdom, or Switzerland, if you or we terminate these Experience Host Terms, the clauses of these Experience Host Terms that reasonably should survive such termination will remain in effect. When these Experience Host Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.