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Kayak Fishing Online builds technologies and services that enable people to connect with each other, build communities, and grow businesses. These Terms govern your use of Kayak Fishing Online and the other products, features, apps, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply.
We don’t charge you to use Kayak Fishing Online or the other products and services covered by these Terms. Instead, businesses and organizations pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more.
Our Privacy Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. You can also go to your profile settings at any time to review the privacy choices you have about how we use your data.
Our mission is to give people the power to build community and bring the world of kayak fishing closer together. To help advance this mission, we provide the Products and services described below to you: Provide a personalized experience for you: Your experience on Kayak Fishing Online is unlike anyone else’s: from the posts, stories, events, ads, and other content you see in News Feed or our video platform to the Profiles you follow and other features you might use, such as Trending, Marketplace, and search. We use the data we have – for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalize your experience. Connect you with people and organizations you care about: We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Kayak Fishing OnlineProducts you use. We use the data we have to make suggestions for you and others – for example, groups to join, events to attend, Profiles to follow or send a message to, shows to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about. Empower you to express yourself and communicate about what matters to you: There are many ways to express yourself on Kayak Fishing Online and to communicate with friends, family, and others about what matters to you – for example, sharing status updates, photos, videos, and stories across the Kayak Fishing Online Products you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile. We have also developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging content on Kayak Fishing Online. Help you discover content, products, and services that may interest you: We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use Kayak Fishing Online and other Kayak Fishing Online Products. Section 2 below explains this in more detail. Combat harmful conduct and protect and support our community: People will only build community on Kayak Fishing Online if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data with other Kayak Fishing Online Companies when we detect misuse or harmful conduct by someone using one of our Products. Use and develop advanced technologies to provide safe and functional services for everyone: We use and develop advanced technologies – such as artificial intelligence, machine learning systems, and augmented reality – so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Kayak Fishing Online. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products. Research ways to make our services better: We engage in research to develop, test, and improve our Products. This includes analyzing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Privacy Policy explains how we use data to support this research for the purposes of developing and improving our services. Provide consistent and seamless experiences across the Kayak Fishing Online Company Products: Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Kayak Fishing Online Company Products that you use. For example, we use data about the people you engage with on Kayak Fishing Online to make it easier for you to connect with them on our app, and we enable you to communicate with a business you follow on Kayak Fishing Online chat. Enable global access to our services: To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by third party affiliates.
Instead of paying to use Kayak Fishing Online and the other products and services we offer, by using the Kayak Fishing Online Products covered by these Terms, you agree that we can show you ads that businesses and organizations pay us to promote on and off the Kayak Fishing Online Company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you. Protecting people’s privacy is central to how we’ve designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 15-35 who like fishing). We then show their ad to people who might be interested. We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Kayak Fishing Online. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 28 and 34 who lives in Berlin and likes photographing) to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. You can learn about how we collect and use your data in our Privacy Policy.
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments: 1. Who can use Kayak Fishing Online. When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
We try to make Kayak Fishing Online broadly available to everyone, but would like to outline who Kayak Fishing Online is for:
2. What you can share and do on Kayak Fishing Online. We want people to use Kayak Fishing Online to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
We can remove or restrict access to content that is in violation of these provisions. If we remove content that you have shared in violation of our Community Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies. We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Kayak Fishing Online. 3. The permissions you give us. We need certain permissions from you to provide our services:
4. Limits on using our intellectual property. If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Kayak Fishing Online), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) a with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
1. Updating our Terms. We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Kayak Fishing Online community, you can delete your account at any time. 2. Account suspension or termination. We want Kayak Fishing Online to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas. If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. You can contact us to learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: Limits on liability. We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Kayak Fishing Online Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Kayak Fishing Online Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months. 4. Other
Whether you register an account on the Service or use the Service without registering an account, you may access the Service and functionality that we may establish and maintain from time to time and in our sole discretion subject to this Agreement. We may maintain different types of accounts (“User Accounts”) for different types of Users. To access certain features or areas of the Service, you may be required to provide personal and/or demographic information as part of a registration or login process. If requested, you also agree to provide contact information for a personal contact and/or a close family member or relation, to your Provider through your User Account, to act as an information source in case of an emergency where knowledge of your location is crucial. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. By connecting to the Service through a third-party service (such as a social media platform), you give us permission to access and use your information from that service as permitted by that service and to store your log-in credentials for that service.
You may never use another Users’ User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date (this includes your contact information, so that we can reliably contact you). You are solely responsible for the activity that occurs on your User Account, and if you are required to provide a password for your User Account, you must keep it secure. You must notify Company immediately of any breach of security or unauthorized use of your User Account. Company will not be liable for any losses caused by any unauthorized use of your User Account.
By providing Company your email address and other contact information, you consent to us using such contact information to send you Service-related notices by email, or any other contact form you may provide us with (including your phone number for calls or text messages), and you agree to receive such notices. Company is not responsible or liable for any loss, injury, or claim of any kind resulting from your failure to receive or read these communications, or from your failure to comply with any recommendations contained in these communications.
We may, without notice and liability, change the Service, stop providing the Service or certain features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
The Service is controlled and operated from facilities in Sweden. Company makes no representations that the Service is appropriate or available for use in jurisdictions other than the jurisdictions where the Company has made the Service available. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Swedish and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Sweden, or are a foreign person or entity blocked or denied by the government of Sweden.
The Service may make available listings, descriptions, and images of goods and services, including those available for one-time payment and also as Membership Plans, as defined below (collectively, “Paid Services”), or related coupons or discounts.
Certain features, content, functionalities, and other aspects of the Service may be available through programs for users with valid memberships (each such membership program, a “Membership Plan”). The duration of the membership period for each Membership Plan (the “Membership Term”), the applicable fees for each Membership Plan (the “Membership Fee”), and other related payment terms (e.g., due dates) are subject to change by Company from time to time.
Your Membership Plan may start with a free trial period in the Company’s discretion. You will be charged the applicable Membership Fee for the initial paid Membership Term at the end of the free trial period, unless you cancel your free trial before the end of the free trial period. The duration of the free trial period may differ for different users, and, if you receive a free trial, the duration will be specified by the Company during your Membership Plan registration process.
After an initial Membership Term, each applicable Membership Plan will automatically renew for subsequent renewal periods of the same duration as the initial Membership Term, unless you cancel your applicable Membership Plan by notifying us at least 72 hours before the applicable renewal date that you wish to cancel your Membership Plan or do not wish to automatically renew your Membership Plan, as discussed further below. You understand and agree that your Membership Plan(s) will automatically continue for additional periods, unless you cancel or do not renew in accordance with this Agreement, and you authorize Company (without notice to you, unless required by applicable law) to collect and charge the then-applicable Membership Fee(s) and any applicable taxes, for each such renewal, using any payment card that Company has on file for you. You agree to provide Company with alternate payment card information if the payment card Company has on file for you is no longer valid, or if you choose to use a different payment card.
If you participate in a Membership Plan, you are responsible for payment of the applicable Membership Fee and all applicable taxes. All purchases for a Membership Plan are final. Except as otherwise required by applicable law, any paid Membership Fees (or payable Membership Fees for the remainder of an existing Membership Term) are non-cancellable and non-refundable. If you decide to cancel your participation in a Membership Plan, it means that your participation will automatically end at the end of your then-current Membership Term. For example, if you cancel in the middle of a monthly Membership Term, your participation will continue until the end of that Membership Term. For instructions on how to cancel your participation in a Membership Plan, please contact us at ??????. You must contact our support team at least 72 hours before the end of the applicable Membership Term or free trial period.
Company reserves the right, in its discretion, to exclude any individual(s) from any Membership Plan or to terminate participation in any Membership Plan, for any reason, including abuse of the Membership Plan, failure to comply with this Agreement, or fraud, misrepresentation, or other conduct detrimental to the interests of Company. Any such exclusion or termination may affect eligibility for further participation in any Membership Plan.
Membership Plans may be subject to additional or different terms, conditions, or policies, as made available and updated by Company from time to time. In the event of any conflict between any such terms, conditions, or policies, and this Agreement, such terms, conditions, or policies will control with respect to the applicable Membership Plan.
(1) Payments
All fees are in Swedish Krona, except as stated otherwise in writing by Company. All fees are exclusive of all applicable taxes (including value added tax, sales tax, goods and services tax, etc.), and you shall be responsible for payment of all applicable taxes. We recommend that you verify the existence and amount of any additional fees you may be charged by third parties in connection with any transaction (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Company is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you authorize Company (either directly or through its affiliates, subsidiaries, or other third parties) to request and collect payment (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Company or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card, or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.
If the credit card you supplied to us is declined, you may be required to supply a new form of payment. Please note, however, that if a credit card you supplied to us is declined, we may first try to charge your card a few more times. Payments will be subject to Company’s payment policies.
(2) Refunds
Payments are nonrefundable, and there are no refunds for partially used Membership Term periods. User shall not be entitled to any partial refunds for such service outages or disruptions. For purposes of this Agreement, “Service Outage” means any event that renders the Services unavailable to Customer/Member, other than Scheduled Downtime or Excluded Downtime. Since our shop products are made to order, we do not offer exchanges or refunds.
(3) Fulfillment and Shipping
Any shipments will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with any applicable shipping restrictions. All transactions are made pursuant to a fulfillment and shipping contract and, as a result, risk of loss and title pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
(4) Cancellations
Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Service (including any Paid Service), to impose conditions on the honoring of any coupon, discount or similar promotion, to bar any user from making any transaction, and to refuse to provide any user with any Service (including any Paid Service). Cancellations will be subject to Company’s then-current cancellation policies. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
If a Service or applicable product is listed at an incorrect price due to typographical error, or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Service or applicable product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Any claims for misprinted/damaged/defective items must be submitted within 7 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 7 days after the estimated delivery date. Claims deemed an error on our part are covered at our expense. Since our products are made to order, we do not offer exchanges or refunds.
Wrong Address – If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
Unclaimed – Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment (if and as applicable).
Returns – Please contact us before returning any products. We do not refund orders for buyer’s remorse. Returns for products, face masks, as well as size exchanges are to be offered at your expense. A new order would need to be placed.
Amazon Orders – For products purchased through out affiliate links, please refer to affiliate for the refund/return policies of those items.
Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:
1. the supply of goods that are made to the consumer’s specifications or are clearly personalized;
2. sealed goods which were unsealed after delivery and thus aren’t suitable for return due to health protection or hygiene reasons,
therefore Kayak Fishing Online reserves rights to refuse returns at its sole discretion.
This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
(1) Mobile Applications
We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. Company does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of any countrys government, then the following provision applies. The Mobile Applications will be deemed “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Service and any accompanying documentation by any countrys Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the EU and is subject to EUs export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the EU. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all Swedish and foreign laws related to use of the Mobile Applications and the Service.
(2) Mobile Applications from Apple App Store
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple‑Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple‑Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple‑Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. Any inquiries or complaints relating to the use of the Apple-Sourced Software, including those pertaining to intellectual property rights, must be directed to Company in accordance with the Contact section below. The license you have been granted herein is limited to a non-transferable license to use the Apple-Sourced Software on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the Apple-Sourced Software may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Apple-Source Software, such as your wireless data service agreement. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
(3) Mobile Applications from Google Play Store
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google‑Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.
When you attend a Kayak Fishing Online events you are in effect signing an Kayak Fishing Online Release Agreement. The current version of that agreement is shown below. If you do not wish to sign (or have your name signed by the Ambassador) you will not be permitted to attend the event. This holds true for all attendees, Kayak Fishing Online members, guests, and the general public.
INTRODUCTION.
Please read this entire Acknowledgment and Assumption of Risks, Release, and Indemnity Agreement (hereafter “Document”) carefully before signing. The adult participant (aged 18 years or older) (referenced as “I,” “my,” “me,” or “Participant”) who wishes to take part in any activity organized or facilitated by Kayak Fishing Online must sign this Document prior to participation.
In consideration of the services of Kayak Fishing Online and its officers, directors, trustees, advisors, employees, agents, representatives, volunteers, independent contractors, and all other persons or entities associated with it (individually and collectively, “Kayak Fishing Online”), I acknowledge and agree as follows:
ACTIVITIES, ACKNOWLEDGEMENT, AND ASSUMPTION OF RISKS.
Kayak Fishing Online organizes and facilitates year-round outdoor recreational and instructional activities. These activities may include, but are not limited to: hiking, backpacking, camping, trail running, ultra-running, bicycle touring, road cycling, mountain biking, canoeing, canyoneering, canyoning, coasteering, ice climbing, kayaking, mountaineering, alpinism, rafting, rock climbing, bouldering, downhill skiing, cross-country skiing, alpine touring, snowshoeing, snowmobiling, horseback riding, fishing, stand-up paddleboarding, surfing, day or multi-day outdoor leadership retreats, educational events, and travel in non- Kayak Fishing Online -affiliated vehicles (including my own vehicle) to and from activities, courses, or otherwise (collectively referred to as “Activities”).
Kayak Fishing Online organizes and facilitates year-round outdoor recreational and instructional activities. These activities may include, but are not limited to: hiking, backpacking, camping, trail running, ultra-running, bicycle touring, road cycling, mountain biking, canoeing, canyoneering, canyoning, coasteering, ice climbing, kayaking, mountaineering, alpinism, rafting, rock climbing, bouldering, downhill skiing, cross-country skiing, alpine touring, snowshoeing, snowmobiling, horseback riding, fishing, stand-up paddleboarding, surfing, day or multi-day outdoor leadership retreats, educational events, and travel in non- Kayak Fishing Online -affiliated vehicles (including my own vehicle) to and from activities, courses, or otherwise (collectively referred to as “Activities”).
Activities may take place in changing outdoor environments in all over the world. Kayak Fishing Online’s Ambassadors (“Volunteers”) organize Activities on a casual, meet-up-style basis. I acknowledge that Volunteers are not employees or agents of Kayak Fishing Online, are not required to have medical or other Activity-related training, and acknowledge that Kayak Fishing Online is not legally liable or responsible for Volunteers’ conduct. In addition, Activities take place on land not owned or controlled by Kayak Fishing Online. Kayak Fishing Online does not oversee or take responsibility for any aspect or condition of Activity locations.
Participating (whether attending, observing, or actively participating) in Activities includes risks. I acknowledge that Activities include inherent and other risks, hazards, and dangers (collectively referred to as “Risks”) that can cause injury, damage, death, or other loss to myself or others. Some, but not all, of these Risks include:
(1) Risks present in an outdoor environment. These risks include travel in high altitude (above 5,000 ft.) terrain, over land or water. Travel may be subject to storms, including strong winds, rain, lightning, hail, snow, sleet, and other precipitation; currents, waves, fast-moving water, or whitewater; changing water level; high or low water; hot, humid, or cold weather or water; rapid and unpredictable weather changes; avalanches; falling or slippery rocks; landslides; fallen timber; stinging, venomous, and/or disease-carrying animals, insects, or microorganisms; poisonous plants; wild animals; and other natural or man-made hazards. Hazards (both on land and in water) may not be marked or visible. Weather is unpredictable year-round.
(2) Risks involved in judgment and decision-making. These risks include the risk that I, a Kayak Fishing Online staff member/ambassador, a Volunteer, a co-participant, or other person may misjudge my (or others’, including the Volunteers’ own) capabilities, health, or physical condition, or misjudge some aspect of travel, instruction, medical treatment, weather, terrain, water conditions, water level, or route location.
(3) Personal health and participation risks. My mental, physical, or emotional condition (including the use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in Activities includes risks. Kayak Fishing Online cannot anticipate or eliminate risks or complications posed by my mental, physical (including fitness level), or emotional condition, nor will Kayak Fishing Online provide any medication, first aid, or other health-related assistance to me.
(4) Risks associated with any outdoor or athletic activities. These risks include the risk that I may overestimate my abilities or fitness; be inattentive; lose control; trip; fall; or encounter other water/terrain/road/trail hazards; or fail to negotiate land or water conditions.
(5) Risks connected with geographic location. Activities may take place a distance from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation, and medical care. Although I, Volunteers, other participants, or others may have access to wireless communication devices (including cell or SAT phones), use of these devices in outdoor, mountainous, or any other terrain is unreliable and inconsistent.
(6) Equipment risks. Equipment used in an Activity may break, fail, malfunction, or be misused. This risk includes my personal equipment or other equipment (whether purchased, borrowed, or rented). If I choose to bring and use my personal equipment, I assume full responsibility for choosing appropriate equipment and for the fit and condition of that equipment. Safety gear (such as personal floatation devices, ropes, first aid kits, etc.) may prevent or lessen injuries in some instances; however, use of safety gear, whether purchased, borrowed, or rented, is not a guarantee of safety, and injury can occur even with the use of this gear.
(7) Risks regarding conduct. The potential that I, Volunteers, other participants, or third parties, may act carelessly, negligently, or recklessly.
These risks may result in the Participant: falling to the ground or into water; being immersed in cold water; colliding with or impacting objects/people/equipment/rocks; getting caught or entangled in objects; experiencing vehicle collision, capsize, or rollover; reacting to high altitude, weather conditions, or increased exertion; becoming lost or disoriented; suffering gastrointestinal distress or allergic reactions; or experiencing other physical or emotional problems. These and other circumstances may cause heat- or cold-related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite, or heat exhaustion/stroke), dehydration, hyponatremia, drowning, high altitude sickness, heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussion, sunburn or other burns, infections, cuts, wounds, or other injuries, damage, death, or loss.
I understand that Kayak Fishing Online cannot assure my safety or eliminate any Risks. During all Activities, I agree that I share in the responsibility for my own and the group’s well-being and will take reasonable precautions to protect the group and myself by, among other things, providing and carrying my own Equipment, medications, and other supplies. I have access to information about Kayak Fishing Online’s rules and policies, will obey such rules and policies, and acknowledge that Kayak Fishing Online representatives are available should I have further questions about Activities and Risks. I will voluntarily participate in Activities with knowledge of the Risks; therefore, I agree to assume and accept full responsibility for the Risks (both known and unknown) of Activities, and assume and accept responsibility for any injury, damage, death, or other loss suffered by me, resulting from those Risks, including the Risk of my negligence or other misconduct.
III. RELEASE AND INDEMNITY AGREEMENT.
Please read carefully. This Agreement contains a surrender of certain legal rights. Some countries may restrict organizations, like Kayak Fishing Online, from seeking releases of liability for negligence, injuries, or other losses occurring while operating under permit from such coutry. Except to the extent a court determines such restrictions apply to Kayak Fishing Online as a matter of law, I AGREE:
(1) To release and not to sue Kayak Fishing Online with respect to any and all claims, liabilities, suits, or expenses (including attorneys’ fees and costs) (collectively “Claim” or “Claim(s)”) for any injury, damage, death, or other loss in any way connected with participation in any Activities, including my use of any equipment or vehicle. With this release, I understand that I agree to waive all Claim(s) I may have against Kayak Fishing Online, bind my estate and any family member/heir/other party from bringing such Claim(s), and agree that neither I, nor anyone acting on my behalf, will make a Claim against Kayak Fishing Online as a result of any injury, damage, death, or other loss suffered by me;
(2) To defend and indemnify (meaning to protect by reimbursement or payment) Kayak Fishing Online with respect to any and all Claim(s) brought by me or on my behalf by my children, my spouse, my other family member(s), my heir(s) or estate, a co-participant, a volunteer, or any other person for any injury, damage, death, or other loss in any way connected with my participation in any Activities, including my use of any equipment or vehicle.
This Release and Indemnity Agreement includes Claim(s) of, or resulting from, Kayak Fishing Online’s negligence (but not its gross negligence, or willful and wanton misconduct), and includes Claim(s) for personal injury or wrongful death (including Claim(s) related to emergency, medical, drug and/or health issues, response, assessment, or treatment), property damage, loss of consortium, breach of contract, or any other claim.
MEDICAL PROXY AND COSTS.
With my signature below, I authorize Kayak Fishing Online staff, Kayak Fishing Online contractors, Kayak Fishing Online volunteers, and/or any medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment that the relevant party considers necessary for my health. I agree to pay all costs associated with such medical care and transportation. I also agree to the release (to or by Kayak Fishing Online) of any medical records necessary for treatment, referral, billing, or insurance purposes.
OTHER PROVISIONS.
Applicable Law and Dispute Resolution: I agree that Swedish substantive law (without regard to its “conflict of laws” rules) governs this Document. Any dispute I have with Kayak Fishing Online and all other aspects of my relationship with Kayak Fishing Online, contractual or otherwise—including any dispute subject to mediation, lawsuit, or any other proceeding—must be filed or entered into in Sweden. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Swedish mediator before filing a claim in court or pursuing other legal action.
Media Release: I grant to Kayak Fishing Online and/or its agent(s), the right and permission to photograph, film, and/or otherwise capture my name, image, voice, written statement, photograph, and/or visual likeness (collectively “Images”), without compensation to me. Kayak Fishing Online may use Images in any media throughout the world in perpetuity, including in broadcasts; for sale, reproduction, or display on the internet; in publications; and/or for any informational, educational, advertising, promotional, or other use. Kayak Fishing Online retains all ownership rights and copyrights in the Images. I waive inspection or approval rights with respect to any Image(s).
Severability: This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is found unlawful or unenforceable, such finding shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.
This Document replaces and supersedes any former “Kayak Fishing Online Acknowledgment and Assumption of Risks, Release, and Indemnity Agreement” signed by me. This Document is effective in regard to my enrollment or participation in all Activities from the date signed until a subsequent “Kayak Fishing Online Acknowledgment and Assumption of Risks, Release, and Indemnity Agreement” is signed by me, and shall remain in full force and effect for all Activities I complete until that time.
AGREEMENTS.
I have carefully read, understand, and voluntarily sign/agree to this Document and acknowledge that it shall be effective and legally binding upon me, my children, spouse, other family members, and my heirs, executors, representatives, subrogees, assigns, and estate.
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that Kayak Fishing Online has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that Kayak Fishing Online cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Kayak Fishing Online staff, and other Kayak Fishing Online members and their families. I voluntarily seek services and attend events hosted by Kayak Fishing Online and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending an Kayak Fishing Online event. I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I agree with the terms of this Covid-19 Waiver.
I have tested, with a NEGATIVE Covid-19 result, within the past 48hrs of any Kayak Fishing Online event I attend.
I hereby release and agree to hold Kayak Fishing Online harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the community, or that may otherwise arise in any way in connection with any services received from Kayak Fishing Online. I understand that this release discharges Kayak Fishing Online from any liability or claim that I, my heirs, or any personal representatives may have against the community/social network with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Kayak Fishing Online. This liability waiver and release extends to Kayak Fishing Online together with all owners, partners, volunteers, ambassadors, and employees.
Last Updated: December 01, 2022
Outdoorsy Black Women builds technologies and services that enable people to connect with each other, build communities, and grow businesses. These Terms govern your use of Outdoorsy Black Women and the other products, features, apps, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Trimble & Ajayi LLC.
We don’t charge you to use Outdoorsy Black Women or the other products and services covered by these Terms. Instead, businesses and organizations pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more.
Our Privacy Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. You can also go to your profile settings at any time to review the privacy choices you have about how we use your data.
Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the Products and services described below to you: Provide a personalized experience for you: Your experience on Outdoorsy Black Women is unlike anyone else’s: from the posts, stories, events, ads, and other content you see in News Feed or our video platform to the Profiles you follow and other features you might use, such as Trending, Marketplace, and search. We use the data we have – for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalize your experience. Connect you with people and organizations you care about: We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Outdoorsy Black Women Products you use. We use the data we have to make suggestions for you and others – for example, groups to join, events to attend, Profiles to follow or send a message to, shows to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about. Empower you to express yourself and communicate about what matters to you: There are many ways to express yourself on Outdoorsy Black Women and to communicate with friends, family, and others about what matters to you – for example, sharing status updates, photos, videos, and stories across the Outdoorsy Black Women Products you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile. We have also developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging content on Outdoorsy Black Women. Help you discover content, products, and services that may interest you: We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use Outdoorsy Black Women and other Outdoorsy Black Women Products. Section 2 below explains this in more detail. Combat harmful conduct and protect and support our community: People will only build community on Outdoorsy Black Women if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data with other Outdoorsy Black Women Companies when we detect misuse or harmful conduct by someone using one of our Products. Use and develop advanced technologies to provide safe and functional services for everyone: We use and develop advanced technologies – such as artificial intelligence, machine learning systems, and augmented reality – so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Outdoorsy Black Women. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products. Research ways to make our services better: We engage in research to develop, test, and improve our Products. This includes analyzing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Privacy Policy explains how we use data to support this research for the purposes of developing and improving our services. Provide consistent and seamless experiences across the Outdoorsy Black Women Company Products: Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Outdoorsy Black Women Company Products that you use. For example, we use data about the people you engage with on Outdoorsy Black Women to make it easier for you to connect with them on our app, and we enable you to communicate with a business you follow on Outdoorsy Black Women chat. Enable global access to our services: To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Trimble & Ajayi LLC or its affiliates.
Instead of paying to use Outdoorsy Black Women and the other products and services we offer, by using the Outdoorsy Black Women Products covered by these Terms, you agree that we can show you ads that businesses and organizations pay us to promote on and off the Outdoorsy Black Women Company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you. Protecting people’s privacy is central to how we’ve designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like fishing). We then show their ad to people who might be interested. We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Outdoorsy Black Women. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in London and likes camping) to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. You can learn about how we collect and use your data in our Privacy Policy.
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments: 1. Who can use Outdoorsy Black Women. When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
We try to make Outdoorsy Black Women broadly available to everyone, but would like to outline who Outdoorsy Black Women is for:
2. What you can share and do on Outdoorsy Black Women. We want people to use Outdoorsy Black Women to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
We can remove or restrict access to content that is in violation of these provisions. If we remove content that you have shared in violation of our Community Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies. We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Outdoorsy Black Women. 3. The permissions you give us. We need certain permissions from you to provide our services:
4. Limits on using our intellectual property. If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Outdoorsy Black Women), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) a with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
1. Updating our Terms. We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Outdoorsy Black Women community, you can delete your account at any time. 2. Account suspension or termination. We want Outdoorsy Black Women to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas. If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. You can contact us to learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: Limits on liability. We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Outdoorsy Black Women Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Outdoorsy Black Women Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months. 4. Other
Whether you register an account on the Service or use the Service without registering an account, you may access the Service and functionality that we may establish and maintain from time to time and in our sole discretion subject to this Agreement. We may maintain different types of accounts (“User Accounts”) for different types of Users. To access certain features or areas of the Service, you may be required to provide personal and/or demographic information as part of a registration or login process. If requested, you also agree to provide contact information for a personal contact and/or a close family member or relation, to your Provider through your User Account, to act as an information source in case of an emergency where knowledge of your location is crucial. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. By connecting to the Service through a third-party service (such as a social media platform), you give us permission to access and use your information from that service as permitted by that service and to store your log-in credentials for that service.
You may never use another Users’ User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date (this includes your contact information, so that we can reliably contact you). You are solely responsible for the activity that occurs on your User Account, and if you are required to provide a password for your User Account, you must keep it secure. You must notify Company immediately of any breach of security or unauthorized use of your User Account. Company will not be liable for any losses caused by any unauthorized use of your User Account.
By providing Company your email address and other contact information, you consent to us using such contact information to send you Service-related notices by email, or any other contact form you may provide us with (including your phone number for calls or text messages), and you agree to receive such notices. Company is not responsible or liable for any loss, injury, or claim of any kind resulting from your failure to receive or read these communications, or from your failure to comply with any recommendations contained in these communications.
We may, without notice and liability, change the Service, stop providing the Service or certain features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in jurisdictions other than the jurisdictions where the Company has made the Service available. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
The Service may make available listings, descriptions, and images of goods and services, including those available for one-time payment and also as Membership Plans, as defined below (collectively, “Paid Services”), or related coupons or discounts.
Certain features, content, functionalities, and other aspects of the Service may be available through programs for users with valid memberships (each such membership program, a “Membership Plan”). The duration of the membership period for each Membership Plan (the “Membership Term”), the applicable fees for each Membership Plan (the “Membership Fee”), and other related payment terms (e.g., due dates) are currently set forth in this FAQ page, and are subject to change by Company from time to time.
Your Membership Plan may start with a free trial period in the Company’s discretion. You will be charged the applicable Membership Fee for the initial paid Membership Term at the end of the free trial period, unless you cancel your free trial before the end of the free trial period. The duration of the free trial period may differ for different users, and, if you receive a free trial, the duration will be specified by the Company during your Membership Plan registration process.
After an initial Membership Term, each applicable Membership Plan will automatically renew for subsequent renewal periods of the same duration as the initial Membership Term, unless you cancel your applicable Membership Plan by notifying us at least 72 hours before the applicable renewal date that you wish to cancel your Membership Plan or do not wish to automatically renew your Membership Plan, as discussed further below. You understand and agree that your Membership Plan(s) will automatically continue for additional periods, unless you cancel or do not renew in accordance with this Agreement, and you authorize Company (without notice to you, unless required by applicable law) to collect and charge the then-applicable Membership Fee(s) and any applicable taxes, for each such renewal, using any payment card that Company has on file for you. You agree to provide Company with alternate payment card information if the payment card Company has on file for you is no longer valid, or if you choose to use a different payment card.
If you participate in a Membership Plan, you are responsible for payment of the applicable Membership Fee and all applicable taxes. All purchases for a Membership Plan are final. Except as otherwise required by applicable law, any paid Membership Fees (or payable Membership Fees for the remainder of an existing Membership Term) are non-cancellable and non-refundable. If you decide to cancel your participation in a Membership Plan, it means that your participation will automatically end at the end of your then-current Membership Term. For example, if you cancel in the middle of a monthly Membership Term, your participation will continue until the end of that Membership Term. For instructions on how to cancel your participation in a Membership Plan, please contact us at community@outdoorsyblackwomen.com. You must contact our support team at least 72 hours before the end of the applicable Membership Term or free trial period.
Company reserves the right, in its discretion, to exclude any individual(s) from any Membership Plan or to terminate participation in any Membership Plan, for any reason, including abuse of the Membership Plan, failure to comply with this Agreement, or fraud, misrepresentation, or other conduct detrimental to the interests of Company. Any such exclusion or termination may affect eligibility for further participation in any Membership Plan.
Membership Plans may be subject to additional or different terms, conditions, or policies, as made available and updated by Company from time to time. In the event of any conflict between any such terms, conditions, or policies, and this Agreement, such terms, conditions, or policies will control with respect to the applicable Membership Plan.
(1) Payments
All fees are in U.S. Dollars, except as stated otherwise in writing by Company. All fees are exclusive of all applicable taxes (including value added tax, sales tax, goods and services tax, etc.), and you shall be responsible for payment of all applicable taxes. We recommend that you verify the existence and amount of any additional fees you may be charged by third parties in connection with any transaction (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Company is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you authorize Company (either directly or through its affiliates, subsidiaries, or other third parties) to request and collect payment (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Company or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card, or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION.
If the credit card you supplied to us is declined, you may be required to supply a new form of payment. Please note, however, that if a credit card you supplied to us is declined, we may first try to charge your card a few more times. Payments will be subject to Company’s payment policies.
(2) Refunds
Payments are nonrefundable, and there are no refunds for partially used Membership Term periods. User shall not be entitled to any partial refunds for such service outages or disruptions. For purposes of this Agreement, “Service Outage” means any event that renders the Services unavailable to Customer/Member, other than Scheduled Downtime or Excluded Downtime. Since our shop products are made to order, we do not offer exchanges or refunds.
(3) Fulfillment and Shipping
Any shipments will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with any applicable shipping restrictions. All transactions are made pursuant to a fulfillment and shipping contract and, as a result, risk of loss and title pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
(4) Cancellations
Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Service (including any Paid Service), to impose conditions on the honoring of any coupon, discount or similar promotion, to bar any user from making any transaction, and to refuse to provide any user with any Service (including any Paid Service). Cancellations will be subject to Company’s then-current cancellation policies. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
If a Service or applicable product is listed at an incorrect price due to typographical error, or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Service or applicable product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Any claims for misprinted/damaged/defective items must be submitted within 7 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 7 days after the estimated delivery date. Claims deemed an error on our part are covered at our expense. Since our products are made to order, we do not offer exchanges or refunds.
Wrong Address – If you provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
Unclaimed – Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment (if and as applicable).
Returns – Please contact us before returning any products. We do not refund orders for buyer’s remorse. Returns for products, face masks, as well as size exchanges are to be offered at your expense. A new order would need to be placed.
Amazon Orders – For products purchased through out Amazon affiliate links, please refer to Amazon for the refund/return policies of those items.
Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:
1. the supply of goods that are made to the consumer’s specifications or are clearly personalized;
2. sealed goods which were unsealed after delivery and thus aren’t suitable for return due to health protection or hygiene reasons,
therefore Outdoorsy Black Women reserves rights to refuse returns at its sole discretion.
This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
(1) Mobile Applications
We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. Company does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
(2) Mobile Applications from Apple App Store
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple‑Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple‑Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple‑Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. Any inquiries or complaints relating to the use of the Apple-Sourced Software, including those pertaining to intellectual property rights, must be directed to Company in accordance with the Contact section below. The license you have been granted herein is limited to a non-transferable license to use the Apple-Sourced Software on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the Apple-Sourced Software may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Apple-Source Software, such as your wireless data service agreement. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
(3) Mobile Applications from Google Play Store
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google‑Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.
When you attend a Outdoorsy Black Women events you are in effect signing an Outdoorsy Black Women Release Agreement. The current version of that agreement is shown below. If you do not wish to sign (or have your name signed by the Ambassador) you will not be permitted to attend the event. This holds true for all attendees, Outdoorsy Black Women members, guests, and the general public.
INTRODUCTION.
Please read this entire Acknowledgment and Assumption of Risks, Release, and Indemnity Agreement (hereafter “Document”) carefully before signing. The adult participant (aged 18 years or older) (referenced as “I,” “my,” “me,” or “Participant”) who wishes to take part in any activity organized or facilitated by Outdoorsy Black Women must sign this Document prior to participation.
In consideration of the services of Outdoorsy Black Women, a Georgia club/organization, and its officers, directors, trustees, advisors, employees, agents, representatives, volunteers, independent contractors, and all other persons or entities associated with it (individually and collectively, “Outdoorsy Black Women”), I acknowledge and agree as follows:
ACTIVITIES, ACKNOWLEDGEMENT, AND ASSUMPTION OF RISKS.
Outdoorsy Black Women organizes and facilitates year-round outdoor recreational and instructional activities. These activities may include, but are not limited to: hiking, backpacking, camping, trail running, ultra-running, bicycle touring, road cycling, mountain biking, canoeing, canyoneering, canyoning, coasteering, ice climbing, kayaking, mountaineering, alpinism, rafting, rock climbing, bouldering, downhill skiing, cross-country skiing, alpine touring, snowshoeing, fishing, stand-up paddleboarding, surfing, day or multi-day outdoor leadership retreats, educational events including Wilderness First Responder and Swift Water Rescue courses, and travel in non- Outdoorsy Black Women -affiliated vehicles (including my own vehicle) to and from activities, courses, or otherwise (collectively referred to as “Activities”).
Outdoorsy Black Women organizes and facilitates year-round outdoor recreational and instructional activities. These activities may include, but are not limited to: hiking, backpacking, camping, trail running, ultra-running, bicycle touring, road cycling, mountain biking, canoeing, canyoneering, canyoning, coasteering, ice climbing, kayaking, mountaineering, alpinism, rafting, rock climbing, bouldering, downhill skiing, cross-country skiing, alpine touring, snowshoeing, fishing, stand-up paddleboarding, surfing, day or multi-day outdoor leadership retreats, educational events including Wilderness First Responder and Swift Water Rescue courses, and travel in non- Outdoorsy Black Women -affiliated vehicles (including my own vehicle) to and from activities, courses, or otherwise (collectively referred to as “Activities”).
Activities may take place in changing outdoor environments in Georgia, in other locations in the United States, and/or in other countries such as Canada. Outdoorsy Black Women’s Ambassadors (“Volunteers”) organize Activities on a casual, meet-up-style basis. I acknowledge that Volunteers are not employees or agents of Outdoorsy Black Women, are not required to have medical or other Activity-related training, and acknowledge that Outdoorsy Black Women is not legally liable or responsible for Volunteers’ conduct. In addition, Activities take place on land not owned or controlled by Outdoorsy Black Women. Outdoorsy Black Women does not oversee or take responsibility for any aspect or condition of Activity locations.
Participating (whether attending, observing, or actively participating) in Activities includes risks. I acknowledge that Activities include inherent and other risks, hazards, and dangers (collectively referred to as “Risks”) that can cause injury, damage, death, or other loss to myself or others. Some, but not all, of these Risks include:
(1) Risks present in an outdoor environment. These risks include travel in high altitude (above 5,000 ft.) terrain, over land or water. Travel may be subject to storms, including strong winds, rain, lightning, hail, snow, sleet, and other precipitation; currents, waves, fast-moving water, or whitewater; changing water level; high or low water; hot, humid, or cold weather or water; rapid and unpredictable weather changes; avalanches; falling or slippery rocks; landslides; fallen timber; stinging, venomous, and/or disease-carrying animals, insects, or microorganisms; poisonous plants; wild animals; and other natural or man-made hazards. Hazards (both on land and in water) may not be marked or visible. Weather is unpredictable year-round.
(2) Risks involved in judgment and decision-making. These risks include the risk that I, a Outdoorsy Black Women staff member/ambassador, a Volunteer, a co-participant, or other person may misjudge my (or others’, including the Volunteers’ own) capabilities, health, or physical condition, or misjudge some aspect of travel, instruction, medical treatment, weather, terrain, water conditions, water level, or route location.
(3) Personal health and participation risks. My mental, physical, or emotional condition (including the use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in Activities includes risks. Outdoorsy Black Women cannot anticipate or eliminate risks or complications posed by my mental, physical (including fitness level), or emotional condition, nor will Outdoorsy Black Women provide any medication, first aid, or other health-related assistance to me.
(4) Risks associated with any outdoor or athletic activities. These risks include the risk that I may overestimate my abilities or fitness; be inattentive; lose control; trip; fall; or encounter other water/terrain/road/trail hazards; or fail to negotiate land or water conditions.
(5) Risks connected with geographic location. Activities may take place a distance from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation, and medical care. Although I, Volunteers, other participants, or others may have access to wireless communication devices (including cell or SAT phones), use of these devices in outdoor, mountainous, or any other terrain is unreliable and inconsistent.
(6) Equipment risks. Equipment used in an Activity may break, fail, malfunction, or be misused. This risk includes my personal equipment or other equipment (whether purchased, borrowed, or rented). If I choose to bring and use my personal equipment, I assume full responsibility for choosing appropriate equipment and for the fit and condition of that equipment. Safety gear (such as personal floatation devices, ropes, first aid kits, etc.) may prevent or lessen injuries in some instances; however, use of safety gear, whether purchased, borrowed, or rented, is not a guarantee of safety, and injury can occur even with the use of this gear.
(7) Risks regarding conduct. The potential that I, Volunteers, other participants, or third parties, may act carelessly, negligently, or recklessly.
These risks may result in the Participant: falling to the ground or into water; being immersed in cold water; colliding with or impacting objects/people/equipment/rocks; getting caught or entangled in objects; experiencing vehicle collision, capsize, or rollover; reacting to high altitude, weather conditions, or increased exertion; becoming lost or disoriented; suffering gastrointestinal distress or allergic reactions; or experiencing other physical or emotional problems. These and other circumstances may cause heat- or cold-related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite, or heat exhaustion/stroke), dehydration, hyponatremia, drowning, high altitude sickness, heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussion, sunburn or other burns, infections, cuts, wounds, or other injuries, damage, death, or loss.
I understand that Outdoorsy Black Women cannot assure my safety or eliminate any Risks. During all Activities, I agree that I share in the responsibility for my own and the group’s well-being and will take reasonable precautions to protect the group and myself by, among other things, providing and carrying my own Equipment, medications, and other supplies. I have access to information about Outdoorsy Black Women’s rules and policies, will obey such rules and policies, and acknowledge that Outdoorsy Black Women representatives are available should I have further questions about Activities and Risks. I will voluntarily participate in Activities with knowledge of the Risks; therefore, I agree to assume and accept full responsibility for the Risks (both known and unknown) of Activities, and assume and accept responsibility for any injury, damage, death, or other loss suffered by me, resulting from those Risks, including the Risk of my negligence or other misconduct.
III. RELEASE AND INDEMNITY AGREEMENT.
Please read carefully. This Agreement contains a surrender of certain legal rights. Some United States federal land agencies may restrict organizations, like Outdoorsy Black Women, from seeking releases of liability for negligence, injuries, or other losses occurring while operating under permit on some federal lands. Except to the extent a court determines such restrictions apply to Outdoorsy Black Women as a matter of law, I AGREE:
(1) To release and not to sue Outdoorsy Black Women with respect to any and all claims, liabilities, suits, or expenses (including attorneys’ fees and costs) (collectively “Claim” or “Claim(s)”) for any injury, damage, death, or other loss in any way connected with participation in any Activities, including my use of any equipment or vehicle. With this release, I understand that I agree to waive all Claim(s) I may have against Outdoorsy Black Women, bind my estate and any family member/heir/other party from bringing such Claim(s), and agree that neither I, nor anyone acting on my behalf, will make a Claim against Outdoorsy Black Women as a result of any injury, damage, death, or other loss suffered by me;
(2) To defend and indemnify (meaning to protect by reimbursement or payment) Outdoorsy Black Women with respect to any and all Claim(s) brought by me or on my behalf by my children, my spouse, my other family member(s), my heir(s) or estate, a co-participant, a volunteer, or any other person for any injury, damage, death, or other loss in any way connected with my participation in any Activities, including my use of any equipment or vehicle.
This Release and Indemnity Agreement includes Claim(s) of, or resulting from, Outdoorsy Black Women’s negligence (but not its gross negligence, or willful and wanton misconduct), and includes Claim(s) for personal injury or wrongful death (including Claim(s) related to emergency, medical, drug and/or health issues, response, assessment, or treatment), property damage, loss of consortium, breach of contract, or any other claim.
MEDICAL PROXY AND COSTS.
With my signature below, I authorize Outdoorsy Black Women staff, Outdoorsy Black Women contractors, Outdoorsy Black Women volunteers, and/or any medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment that the relevant party considers necessary for my health. I agree to pay all costs associated with such medical care and transportation. I also agree to the release (to or by Outdoorsy Black Women) of any medical records necessary for treatment, referral, billing, or insurance purposes.
OTHER PROVISIONS.
Applicable Law and Dispute Resolution: I agree that Georgia substantive law (without regard to its “conflict of laws” rules) governs this Document. Any dispute I have with Outdoorsy Black Women and all other aspects of my relationship with Outdoorsy Black Women, contractual or otherwise—including any dispute subject to mediation, lawsuit, or any other proceeding—must be filed or entered into in Lawrenceville, Georgia. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Georgia mediator before filing a claim in court or pursuing other legal action.
Media Release: I grant to Outdoorsy Black Women and/or its agent(s), the right and permission to photograph, film, and/or otherwise capture my name, image, voice, written statement, photograph, and/or visual likeness (collectively “Images”), without compensation to me. Outdoorsy Black Women may use Images in any media throughout the world in perpetuity, including in broadcasts; for sale, reproduction, or display on the internet; in publications; and/or for any informational, educational, advertising, promotional, or other use. Outdoorsy Black Women retains all ownership rights and copyrights in the Images. I waive inspection or approval rights with respect to any Image(s).
Severability: This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is found unlawful or unenforceable, such finding shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.
This Document replaces and supersedes any former “Outdoorsy Black Women Acknowledgment and Assumption of Risks, Release, and Indemnity Agreement” signed by me. This Document is effective in regard to my enrollment or participation in all Activities from the date signed until a subsequent “Outdoorsy Black Women Acknowledgment and Assumption of Risks, Release, and Indemnity Agreement” is signed by me, and shall remain in full force and effect for all Activities I complete until that time.
AGREEMENTS.
I have carefully read, understand, and voluntarily sign/agree to this Document and acknowledge that it shall be effective and legally binding upon me, my children, spouse, other family members, and my heirs, executors, representatives, subrogees, assigns, and estate.
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that Outdoorsy Black Women (Trimble & Ajayi LLC) has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that Outdoorsy Black Women (Trimble & Ajayi LLC) cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Outdoorsy Black Women (Trimble & Ajayi LLC) staff, and other Outdoorsy Black Women (Trimble & Ajayi LLC) members and their families. I voluntarily seek services and attend events hosted by Outdoorsy Black Women (Trimble & Ajayi LLC) and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending an Outdoorsy Black Women (Trimble & Ajayi LLC) event. I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I agree with the terms of this Covid-19 Waiver.
I have tested, with a NEGATIVE Covid-19 result, within the past 48hrs of any Outdoorsy Black Women event I attend.
I hereby release and agree to hold Outdoorsy Black Women (Trimble & Ajayi LLC) harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the community, or that may otherwise arise in any way in connection with any services received from Outdoorsy Black Women (Trimble & Ajayi LLC). I understand that this release discharges Outdoorsy Black Women (Trimble & Ajayi LLC) from any liability or claim that I, my heirs, or any personal representatives may have against the community/social network with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Outdoorsy Black Women (Trimble & Ajayi LLC). This liability waiver and release extends to Outdoorsy Black Women (Trimble & Ajayi LLC) together with all owners, partners, volunteers, ambassadors, and employees.
ENTER YOUR SITE TERMS AND CONDITIONS HERE