Adventure Trip Provider Registration Agreement & Conditions
By using Unreasonable Adventures you agree to all the terms below.
IMPORTANT: PLEASE READ THIS AGREEMENT BEFORE SUBMITTING YOUR APPLICATION. BY SUBMITTING AN APPLICATION YOU ARE AGREEING TO EACH OF THESE TERMS AND CONDITIONS OF ASSOCIATION WITH UNREASONABLE ADVENTURES LLC (Hereafter) referred to as UA).
"you" or "Trip Provider" = You The Applicant
"us" or "our" = Unreasonable Adventures
"Our subscribers" = The folks who purchase your trips
In this Agreement references to "You" mean the applicant or Trip Provider, together with its affiliated entities and persons who control, are under the control of, or are under common control with, the applicant or Trip Provider. References to "we" and/or "our" mean UA, whose principal place of business is at 1415 Arapahoe Avenue, Boulder, CO 80302 USA, unless expressly otherwise indicated. References to "Our subscribers" mean those UA customers who purchase goods or services from You or one or more of Our other Trip Providers through Our Systems.
The terms to your left represent the basic breakdown of our terminology.
- "UA website" will be defined as the website that is accessible at https://unreasonableadventures.com
- "Trip Provider Page" will be defined as the content management tool provided, in exchange for Agreement with this contract, to the Trip Provider and accessible on the UA website.
- "Adventure" will be defined as the activities, trips, experiences or any general service or product offered via the UA website by You.
- "iFrame" will be defined as an API that You design in Your Trip Provider Page that, when embedded in the HTML of Your site, allows You to display,market, and sell Your Adventures on Your website.
- "Affiliate Websites" will be defined as our network of partners and organizations, such as tourism boards, retail websites, publications, and associations that choose to display, market, and sell Adventures using the UA platform.
- "Patron Account" will be defined as a level of membership that grants You full and unlimited access to using the entirety of our system to: create and manage Your Adventures, create and launch an iFrame on Your own website with the expressed purpose of marketing and selling your Adventures, sell Your Adventures through our Affiliate Websites, use features of the Trip Provider Page to manage clients and rosters, and any other features provided but not expressly outlined here. Patron Accounts shall be subject to a monthly subscription fee as well as a commission for trips sold on an Affiliate Website as outlined below.
We reserve the right to approve or decline your account and we can’t make any promises that people will book your trips.
Trip Provider Conditions:
All applications are subject to UA's review process to ensure that Your products or services meet the specifications and requirements of a UA Trip Provider. We will notify You electronically upon acceptance or denial of Your application, and we reserve the right to decline any application or, if an application is accepted, to terminate or exclude any Trip Provider according to the terms and conditions in this agreement. We do not offer assurances that Our subscribers will purchase Your services or that we will expend any given level of effort to market Your products or services other than inclusion in Our list of participating Trip Providers in categories You select and we deem appropriate. The primary listing for Your adventures will be in the region that represents Your primary business location and the location of Your adventures, in addition to the Adventures which You offer.
It's $80 per month to use our systems and we'll refund your first month once you install the booking engine on your website.
Monthly Subscription Fees:
$80 per month. UA will refund the first month if the Trip Provider installs the Booking Engine. There are no setup fees or fees to terminate your account.
Minus credit card fees, all the money goes straight to your bank account. When your trips are booked on our partner websites, we take a 12% commission.
UA Commission Fee for Bookings Made on Your Website:
There are no commissions on bookings made on your website.
UA Commission Fee for Bookings Made on Affiliate Websites:
For bookings placed on Our affiliate partner websites, all transfers and all monies passing to You will be net of a commission fee: Our standard commission fee is 12%. The fee applies to all bookings using UA's systems, so long as the booking doesn't take place on Your website.
Credit card processing fees are 2.9% + 30¢ regardless of the card the customer chooses to pay with.
Standard Credit Card Processing Fee of 2.9% + 30¢ per successful charge:
In order to process credit cards and secure online transactions, UA utilizes Stripe Connect. To cover the credit card payment processing and the money transference fees associated with Stripe Connect, you will be charged their standard 2.9% + 30¢ per successful transaction.
Note: Stripe gives you the ability to accept credit and debit card payments. The set of card brands you can accept depends on where you're located:
- United States businesses can accept Visa, Mastercard, American Express, JCB, Discover, and Diners Club.
- Canadian businesses can accept Visa, Mastercard, and American Express.
Payment are transferred to your bank account on a 7 day rolling basis.
How Funds are Transferred:
We automatically subtract Stripe's fees before you're paid. Each day's charges are paid seven days later. Payouts are to the bank account you specify on your account page with Stripe. By agreeing to this Agreement You acknowledge that UA takes no liability in the transference of funds as directed by Stripe's systems and that You agree to the terms and conditions of the Stripe User Agreement (Canadian Terms).
You are responsible for all the content you put on Unreasonable Adventures.
Management of Content:
You acknowledge that You are responsible for the management of the content You provide to the UA website and that We will provide the directory and means for subscribers to reach Your "adventure pages," but we are not responsible for Your individual Trip Provider description, the photographs You upload, the management of Your schedule, Your reservations, Your pricing, Your logo, the adventures You offer, and generally any information You might deem necessary to inform the subscriber before he or she participates in the Adventure You are offering through UA website or on Your own website.
By signing this agreement and working with us, you agree to not partake in any of the nefarious behavior to your left.
Agreement to UA Policies:
By signing this Agreement You agree to abide by UA's Policies: under which You agree not to:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
- upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
- upload, post, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
- upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Service policies or guidelines;
- download any file posted by another that You know, or reasonably should know, cannot legally be distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions or labels of the origin or source of Content, or other material;
- restrict or inhibit any other user from using and enjoying the Service or any other UA Services;
- delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Service or the Content;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the UA Services or Content or collect information about users for any unauthorized purposes;
- create user accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple keys for the same URL;
- promote or provide instructional information about illegal activities;
- promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
It's your responsibility to stay on top of all the reservations you promote through Unreasonable Adventures. If you don't, we reserve the right to terminate your account with us.
Management of Reservations:
You are solely responsible for the management of all of Your bookings, reservations, calendars, dates, vouchers, gift certificates, and specific adventures. It is Your individual responsibility to make sure that all reservation times available on UA website, are current, up to date, and reliable. If ANY reservations are made via sources outside of UA website then time slots for Your adventures must be updated immediately and without delay on UA website. Furthermore, it is Your individual responsibility to make sure that all vouchers are purchased for Your Adventures are honored and recorded. If this does not happen, UA will have the right to terminate Your subscription as a Trip Provider without notice. This stipulation has been developed simply to offer Our Subscribers a consistent and reliable service.
If you offer customers discounts through UA you must honor them. If you don't, we reserve the right to terminate your account with us.
This Agreement is to serve as confirmation that all forms of discounts You choose to offer will be honored unless otherwise publicly specified by You. If this does not happen, UA will have the right to terminate Your subscription as a Trip Provider without notice. This stipulation has been developed simply to offer Our Subscribers a consistent and reliable service.
When bookings are made on your website, those funds will be disbursed into to your bank account right away. When bookings are made on our partner websites, funds will be disbursed to your bank account 4 days after the trips departure date. This is done to protect the partner website. Note: You can opt-out of displaying your trips on our partner websites.
When Funds are Received:
Funds are disbursed into your bank account according to the two scenarios outlined below:
- Bookings placed on Your iFrame on Your website: You will receive the full price the customer pays for a booking on Your iFrame seven days after the purchase is made (net the standard Credit Card Processing Fee as described above).
- Bookings placed on Affiliate Websites: You will receive the full price the customer pays for a booking on Affiliate Websites (net our Standard Commission Fee and Credit Card Processing fee as described above) 4 days after the trip's departure date and time for said Adventure. This stipulation is designed to protect the customer in the booking and to ensure they are guaranteed the booking they placed is honored. If a refund is before monies are disbursed, the customer will receive 100% of the refund (including the Credit Card Processing fee).
If a booking is placed on your website, you are responsible for issuing any needed refunds. If the booking is placed on any of our distribution partner websites then UA will issue any needed refunds upon your request.
All purchases, excluding vouchers, made on the systems of UA will be subject to a 100% guaranteed refund as described below in the "standard refund example." Which party is responsible for issuing the refund, UA or You, will be determined by which website the booking is placed on as described above. If a booking is placed for an Adventure on your iFrame than UA will not handle nor deal with any refunds and You will be responsible for issuing a 100% refund.
Standard Refund Example:
"If Your adventure must be canceled due to circumstances outside of Your own (e.g. weather or size of party), the provider of this Adventure will work with You to reschedule for no extra fees. If rescheduling is not possible, You will be reimbursed the total amount of Your purchase in full."
You're completely responsible for handling all cancellations.
Cancellations and rescheduling:
UA does not deal with cancellations and will not refund commissions for cancellations. For all cancellations You will be able to easily reschedule the date of departure.
If you require a non-refundable deposit for your trips you will be solely responsible for collecting the remaining value of that trip after the deposit is placed.
Non refundable Deposit Policy:
When creating adventure profiles You will have the opportunity to charge the full price of an adventure or a non-refundable deposit.If You chose to offer a non-refundable deposit, You will be fully responsible to collect the remaining worth of the trip when the timing is appropriate. UA does not deal with or handle payments beyond non-refundable deposits if You decide to offer a deposit. With that said, UA will make efforts to ensure that the future collection of remaining amounts is simple,easy, and straightforward for You and or Our Subscribers.
When you upload your trips on UA, you will have the ability to opt-out of promoting each of your trips on our network of partner websites.
Utilizing UA Systems on Third Party Websites:
For each adventure you upload onto UA, you have the ability to opt-out of marketing and selling that adventure on third party websites. By not opting-out of each adventure, you agree that UA may utilize UA Systems on third party websites in an effort to market Your adventure(s) to targeted audiences and in an effort to bring new customer's to Your front door. Example third party websites may include, but are not limited to, Chambers of Commerce, tourism websites, lodging websites, sport specific websites, and any other website that may serve as a potential pipeline for targeted marketing. All bookings made on third party websites, utilizing UA Systems, will be net the standard UA Commission Fees and Credit Card Processing Fees as delineated above.
You can use UA's reservation systems on your website so long as you don't violate any of our policies.
License Restrictions for Utilizing UA Systems on Your Website:
As an Adventure Trip Provider You will have the opportunity to utilize UA's systems on Your Website. The ability to utilize UA Systems on Your Website is subject to Your adherence to all of the restrictions below:
- copy translate, modify, create a derivative work of, or publicly display any Content or any part thereof
- charge users or any other third party any fee for the use of the UA API Implementation, the Service, or the Content, unless You have entered into a separate written agreement with UA or obtained UA's written permission to do so;
- reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
- delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Service or the Content;
- violate any of UA policies below as described within and bound to this Agreement.
By signing this agreement you give UA the right to use any of the content you upload to market your trips and to use in public relations campaigns.
UA Use of Intellectual Property:
By entering into this Trip Provider Agreement You grant to UA the irrevocable, transferable right during the term of this Agreement to use, reproduce, display and transmit on the UA website, on any UA affiliate websites and in any public relations campaign, any information, photos, or other material You have provided to us, including without limitation any registered or unregistered trademark, any copyrighted material or any other intellectual property You have provided to us other than with explicit directions or limitations as to the use thereof, whether such intellectual property is owned by You or another person. You further represent and warrant to us that You have the valid and lawful right to display such intellectual property and to grant the license set forth above, and that there is no infringing use of such rights that would reasonably be expected to limit Our right to display that intellectual property on Our website in accordance with Our standard practices, as those practices may change from time to time. Furthermore, You acknowledge that UA is not obligated to return any photographs or other materials You send to UA even if Trip Provider Agreement is terminated.
The UA website and it's content are protected by U.S. and international copyright and other intellectual property laws. By using our systems you agree to respect this ownership and copyrights.
Ownership and Copyright:
You acknowledge and agree that the UA Website and the information and content contained in it are owned by UA and/or its third party content providers and are protected by U.S. and international copyright and other intellectual property laws. The use of such materials on any other website or in any environment of networked computers is strictly prohibited unless otherwise explicitly written by UA. Furthermore, You acknowledge and agree that UA owns all legal right, title and interest in and to the services and systems We provide You, including any intellectual property rights which subsist in the services and systems (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that You will use services and systems that may contain information which is designated confidential by UA and that You shall not disclose such information without UA prior written consent. Unless You have agreed otherwise in writing with UA, nothing in the Terms gives You a right to use any of UA Sport's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the services and systems provided to You as a Trip Provider. Unless You have been expressly authorized to do so in writing by UA, You agree that in using the UA services and systems, You will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You can not copy or alter any UA code unless we give you specific written permission to do so.
License from UA:
You may not (and You may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software and systems, or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by UA, in writing. Unless UA has given You specific written permission to do so, You may not assign (or grant a subclicense of) Your rights to use the software, services, or systems, grant a security interest in or over Your rights to use the software, services, or systems, or otherwise transfer any part of Your rights to use the software, services, or systems as provided to You by UA and by being a UA Trip Provider.
If someone gets hurt on a trip that is booked using UA's reservation systems, UA is in no way responsible.
You acknowledge and agree that UA, its shareholders, officers, directors, agents, suppliers, employees, and any other entity or person related to any of the foregoing, are acting as an agent for the Trip Provider, the entire scope of whose duties to the Trip Provider are as set forth in this Agreement, and none of those persons assume any responsibility for injury, death, loss or damage to person(s) or property in connection with any service resulting directly from or in connection with this Agreement and/or UA Website or systems. You agree that under no circumstances will UA be liable to You or Your customers, clients, owners, officers, directors, agents, suppliers, employees or any other related entity or person for any damages of any kind or nature whatsoever, including without limitation any punitive, special, consequential or indirect damages, unless indicated otherwise in this Agreement or in writing from UA.
Trip Provider agrees to defend indemnify and hold harmless UA and its officers, shareholders, directors, advisory board members, board members, agents, employees, contractors, and any other related person or entity harmless from any and all losses, claims, demands and regulatory proceedings, taxes, penalties, expenses and damages (including reasonable attorneys' fees and costs of suit) arising from (i) Your breach of this Agreement, including without limitation any representation or warranty contained herein, and (ii) any actual or threatened claim or harm suffered or alleged by any of Our subscribers arising directly or indirectly by virtue of the products or services You provide to them in connection with this Agreement, including any services You provide to one or more persons who acquire knowledge of, or who assert that they have acquired knowledge of, Your products or services through UA.
You acknowledge that you have all the needed insurance and liability coverage for your business.
You understand that, except as otherwise agreed to by UA in writing, UA does not carry or maintain health, medical, aviation, automobile, commercial general liability, Workers' Compensation & Employer's Liability, catastrophic, disability insurance coverage, or any form of liability or insurance coverage for UA Trip Provider and or any customers, clients, or subscribers of UA Trip Provider. By signing this Agreement You acknowledge that You do have all needed and relevant insurance and liability coverage for Your Business, Customers, and Employees.
We use Stripe to process all payments.
If this agreement is changed UA is not bound to the chances unless we agree to them in writing. If ownership of UA changes hands, and the terms of this agreement change, you will be alerted to the event.
Transference & Rights:
UA is not bound to any charges or amendments to this Agreement unless agreed to by UA in writing. Notwithstanding the preceding sentence, UA may transfer it's rights and obligations under this agreement to any person or entity which acquires all or a substantial portion of Our business, such transfer to be effective upon Our notice to You of such event.
This agreement represents the entire agreement between UA and you the Trip Provider.
Merger and Integration Clause:
This Agreement shall be interpreted in accordance with the laws of the State of Colorado and any legal proceeding arising out of this Agreement will occur in Denver, Colorado. This Agreement constitutes the entire Agreement between UA and the Trip Provider with the respct to the subject matter hereof, and supersedes all prior negotiations, Agreements and understandings with the respect thereto, and said Trip Provider as not, and will not rely upon any promises representations by UA with respect to the subject matter except as set forth herein.
If a dispute arises and a common understanding cannot be reached, this contract will be submitted for binding arbitration.
All disputes, controversies, or claims arising out of or relating to this contract shall first be submitted binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect, if a common understanding cannot be reached.
If the dispute gets to litigation, the non-prevailing party will reimburse the prevailing party for all reasonable costs and attorney fees.
Attorney Fees Clause:
In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting there from.
If part of this contract is unenforceable, we'll modify it to make it right.
Savings (Severability) Clause:
If any provision of this contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Contract shall remain in full force and effect.
If you want to end your legal agreement with UA you can do so at any time.
This Agreement shall remain in effect until cancelled upon by either party, or immediate termination as set within the bounds of this Agreement. If You want to terminate Your Legal Agreement with UA, You may do so by notifying UA via written notice sent to UA's address with is set out at the beginning of this Agreement.
Extent of Agreement:
The terms set forth in this Agreement are general in nature and are not intended to encompass the entire recital of circumstances surrounding the relationship among Trip Providers, UA and Our Subscribers.
To start using UA's reservations systems you first need to agree to the terms of this agreement.
Accepting of Terms:
In order to become an official UA Trip Provider, You must first agree to the Terms within this Agreement. You must not use the Services if You do not accept the Terms. You can accept the Terms by: (a) clicking to accept or agree to the Terms, where the option is made available to You by UA online; or by (b) actually using the Trip Provider services of UA. In this case, You understand and agree that UA will treat Your use of Trip Provider services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) You are not of legal age to form a binding contract with UA, or (b) You are a person barred from becoming a UA Trip Provider under the laws of the United States or other countries including the country in which You are a resident or from which You use the Services. Before you continue, You should print off or save a local copy of this Agreement for Your records.
You agree that you're the right person to accept these terms.
By accepting the terms of this Agreement, You Acknowledge that You are an authorized representative of Your company and it's products and services.
IF YOU HAVE ANY QUESTION ABOUT WHETHER OR NOT YOUR PRODUCTS OR SERVICES MEET THE SPECIFICATIONS OF A UA TRIP PROVIDER, PLEASE CONTACT UA BEFORE SUBMITTING AN APPLICATION AND AGREEING TO THE TERMS SET WITHIN THIS AGREEMENT.