Welcome to Guide Book, a website and mobile app that connects guides with clients for outdoor guided trips and related services. The following terms and conditions (the "Agreement") govern your use of the Guide Book platform, including the website and mobile app (the "Platform"). Both clients and service providers described in these terms are considered users. Users offering their services on our platform are considered guides, outfitters or service providers, and users electing to buy those services are considered clients. In many cases individual guides may also be clients of other guides, outfitters or services providers. Any time we refer to “Guides,” “Outfitters,” “Service Providers,” or some alternative where by it is implied that the user is offering services on our platform, we are referring generally to service providers. By accessing or using the Platform, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Platform.
You understand and agree that we may change the Terms of this Agreement from time to time, and that any such changes will be effective when we post the modified Agreement on the our Platform, unless otherwise required by applicable law. Your continued access and use of the Platform after we post modified Terms will constitute your consent to be bound by the modified Agreement.
To use the Platform, you must be at least 18 years old and capable of entering into a binding agreement. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.
Guide Book reserves the right, at any time, without prior notice to remove or disable access to your account and/or any data on your account at its sole discretion for any reason. In this event, any booking requests or confirmed bookings the user has made will be canceled and any confirmed bookings that have not yet been executed will be refunded regardless of the cancellation policy that is in effect. Guides are not entitled to any compensation for confirmed but not yet executed trips that may be cancelled as a result.
Description of Services
The Guide Book Service is a platform that consists of a desktop web application, a mobile application and other related tools, support and services that facilitates a marketplace where users can use to connect, communicate and interact with each other. We may charge fees for some aspects of the Guide Book Service as described in Section 10. Users offering services on our platform are not employees of Guide Book.
Registration and Accounts
In order to use certain features of the Platform, you may be required to create an account and provide certain personal information.
You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
You are solely responsible for all content that you upload, publish, display, or otherwise make available on the Platform.
You represent and warrant that you have all necessary rights to such content and that it does not infringe on any third-party rights.
We reserve the right to remove any content that we believe violates this Agreement or is otherwise objectionable, explicit, offensive, obscene, abusive, unlawful, or untruthful.
We expressly prohibit users from listing services that they do not have permission to list or make available.
We expressly prohibit the use of our site to make or distribute unsolicited commercial messages.
Bookings and Payments
Users (Clients) may book trips with other users who offer their services (Guides) through the Platform. A confirmed booking constitutes a legally binding agreement between both parties participating in that booking. The client is responsible for paying the Total Price of the trip as described in Section 10.
Guide Book facilitates payment processing through Stripe, but we are not a party to any transactions between guides and clients. By using the Service, you agree to be bound by Stripe's terms of service, available at https://stripe.com/us/terms. We are not responsible for any disputes or issues that may arise in connection with your use of Stripe's payment processing service.
We do not guarantee the accuracy of any listings or the quality, safety, or legality of any services provided by guides. We are not responsible for guides' licenses, insurance, or training certificates.
All users agree that they will not use the Platform to make or accept a booking independent of the Platform in order to circumvent fees, including potential taxes, or for any other reason.
Clients may leave reviews of guides on the Platform. You agree that any review you leave will be honest and accurate and will not violate any third-party rights. We reserve the right to remove any review that we believe violates this Agreement or is otherwise objectionable.
Guides may leave anonymous reviews of clients that are only viewable by other Guides on the Platform. You agree that any review you leave will be honest and accurate and will not violate any third-party rights. We reserve the right to remove any review that we believe violates this Agreement or is otherwise objectionable.
Disclaimer of Warranties
THE PLATFORM AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GUIDE BOOK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
GUIDE BOOK IS A NEUTRAL VENUE FOR USERS PROVIDING SERVICES (GUIDES, OUTFITTERS AND OR SERVICE PROVIDERS) AND USERS OF THOSE SERVICES (CLIENTS), AND/OR OTHER ANY PARTIES USE OF SERVICES THAT WE PROVIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF SERVICES USERS MAY OFFER, OR ABOUT YOUR INTERACTIONS AND DEALINGS WITH USERS. SERVICE PROVIDERS LISTED ON GUIDE BOOK ARE NOT UNDER THE DIRECTION OR CONTROL OF GUIDE BOOK, AND SERVICE PROVIDERS DETERMINE AT THEIR OWN DISCRETION HOW TO PROVIDE SERVICES.
THOUGH WE MAY PROVIDE GENERAL GUIDANCE ON OUR PLATFORMS TO SERVICE PROVIDERS ABOUT TRIP SAFETY AND TO THE USERS ABOUT SELECTING AND ENGAGING SERVICE PROVIDERS, GUIDE BOOK DOES NOT EMPLOY, RECOMMEND OR ENDORSE SERVICE PROVIDERS OR USERS, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE PERFORMANCE OR CONDUCT OF SERVICE PROVIDERS ANY USERS, WHETHER ONLINE OR OFFLINE. SERVICE PROVIDERS ALONE ARE RESPONSIBLE FOR THE QUALITY, ACCURACY, SUITABILITY, AND LEGALITY OF THEIR LISTINGS, AND GUIDE BOOK HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO A LISTING.
GUIDE BOOK RECOMMENDS THAT ITS SERVICE PROVIDERS UPLOAD ANY LICENSES, INSURANCE, TRAINING OR OTHER RELATED DOCUMENTS THAT THE SERVICE PROVIDERS DEEMS APPLICABLE FOR USE AND VERIFICATION BY USERS, BUT GUIDE BOOK DOES NOT REQUIRE THAT SERVICE PROVIDERS ARE LICENSED, INSURED OR TRAINED, AND DOES NOT CONFIRM THE ONGOING VALIDITY OF ANY SERVICE PROVIDER’S LICENSE, INSURANCE OR TRAINING.
USER’S UNDERSTAND AND AGREE THAT LISTINGS MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH LISTING, USERS VOLUNTARILY ASSUME THOSE RISKS, INCLUDING BUT NOT LIMITED TO WHETHER A SERVICE PROVIDER IS INSURED OR WHETHER THE USERS SHOULD TAKE OUT INSURANCE, AND WHETHER A TRAVEL DESTINATION IS SAFE. SOME LISTINGS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND USERS FREELY AND WILLFULLY ASSUMES THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE LISTINGS.
IF A CLIENT BRINGS A MINOR AS AN ADDITIONAL GUEST, THEY ARE RESPONSIBLE FOR SUPERVISING AND ENSURING THE SAFETY OF THE MINOR FOR THE ENTIRE DURATION OF THE TRIP. THE CLIENT AGREES TO RELEASE AND PROTECT GUIDE BOOK FROM ANY LIABILITIES OR CLAIMS THAT MAY ARISE FROM ANY HARM OR LOSS THAT MAY OCCUR TO THE MINOR OR ANY OTHER GUEST DURING THE TRIP, TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT SHALL GUIDE BOOK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF GUIDE BOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our platform charges a commission fee to each Guide for each executed trip taken by a User. Guide Book Fees are a percentage of the total amount paid by the Guest to the Guide for the Listing, less taxes, tips, or third party fees paid by the Guest (Base Price), or refunds paid by the Guide to the Guest.
Total Price: Users who are booking a trip will be made aware of all of the fees associated with the trip prior to booking the trip excluding any tip. These fees include the base price, options and add-ons selected by the user, credit card or transaction fees as applicable, and any applicable taxes. The user is solely responsible paying this price.
Tips: tips are excluded from the Total Price of a trip and Guide Book does not take any fees associated with tips. Tips can be paid to guides through the use of our platform or may be paid directly to guides.
Taxes: Users (clients and guides) are solely responsible for understanding and as necessary collecting, reporting and remitting any taxes that may be due as a result of any listing, booking or trip that they are responsible for. Users also agree that Guide Book is not responsible or obligated in any manner to determine if taxes apply to any listing, booking or trip.
Governing Law and Forum
The governing law for this Agreement shall be the law of the state of Kentucky. Any disputes arising out of or related to this agreement shall be resolved in accordance with Kentucky law and must be exclusively brought in the federal or state courts for Jefferson County, Kentucky. The parties agree that the state or federal courts located in Jefferson County, Kentucky shall have exclusive jurisdiction over any legal action or proceeding arising out of or related to this agreement. By entering into this agreement, you consent to the jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts. The prevailing party in any dispute is entitled to recover its attorneys’ fees and costs from the other party.
Intellectual and Company Property
The software, code, workflows, processes, designs, interfaces and all other aspects of the platform that together constitute the Guide Book Platform are the proprietary property of Guide Book and may not be modified, removed, or added to without the express consent of Guide Book under any circumstances.
Users may not attempt to gain unauthorized access to the Platform or any of its related systems, databases, or networks.
Users may not copy the site or any of its proprietary features or functions for any purpose.
Users may upload text, photos, video and other data as content to our site that is compliant with Section 5. This content is and remains the property of the user. We love to show off everyone’s successes and stories, so Guide Book reserves the right to use this content in any way it sees fit, with or without users’ approval, and without any obligation to compensate it’s users.
If any of these terms in this Agreement are invalid or unenforceable, the other terms remain in effect.