Terms of Service

Last updated: September 15th, 2020

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Funt Platform, you agree to comply with and be bound by these Terms of Service. These Terms of Service may be updated from time to time without prior notification.

Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Funt Users. If your Country of Residence (as defined below) is the United States, this provision applies to all disputes with Funt. If your Country of Residence is outside of the United States, this provision applies to any action you bring against Funt in the United States. It affects how disputes with Funt are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Thank you for using Funt!

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Funt (as defined below) governing your access to and use of the Funt website, including any subdomains thereof, and any other websites through which Funt makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Funt Services"). The Site, Application and Funt Services together are hereinafter collectively referred to as the "Funt Platform". Our other policies and procedures referenced in this Agreement are incorporated by reference into this Agreement and can be found at https://funt.com/terms-of-services.

When these Terms mention "Funt", "we", "us", or "our", it refers to Funt, LLC.

Our collection and use of personal information in connection with your access to and use of the Funt Platform is described in our Privacy Policy.

Guides alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Guide Service. For example, some cities have laws that restrict certain Guide Services. In many cities, Guides may have to register, get a permit or obtain a license before providing certain Guide Services. Guides alone are responsible for identifying and obtaining any required licenses, permits, or registrations for any Guide Service they offer. Certain types of Guide Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Adventure(s) and Guides Service(s) on Funt, you should always seek legal guidance.

Table of Contents

1. Scope of Funt Services
2. Eligibility, Using the Funt Platform, User Verification
3. Modification of these Terms
4. Account Registration
5. Content
6. Service Fees
7. Terms specific for Guides
8. Terms specific for Participants
9. Booking Modifications, Cancellations and Refunds, Resolution Center
10. Ratings and Reviews
11. Damage; Disputes between Users
12. Rounding off, Currency conversion
13. Taxes
14. Prohibited Activities
15. Term and Termination, Suspension and other Measures
16. Disclaimers
17. Liability
18. Indemnification
19. Dispute Resolution and Arbitration Agreement
20. Feedback
21. Applicable Law and Jurisdiction
22. General Provisions

1. Scope of Funt Services

1.1 The Funt Platform is an online marketplace that enables registered users ("Users") and certain third parties who receive payment for providing an Adventure to a Participant on the Funt Platform, including but not limited to, Brands, Retailers, Media Outlets, Hotels, and individuals (Users who offer such services are known as "Guides" and the services they offer are referred to as a "Guide Service") to publish such Guide Service on the Funt Platform ("Adventures") and to communicate and transact directly with Participants that are seeking to book such Guide Service (Users using Guide Services are "Participants"). Adventures may include single or multi-day adventures in various categories, access to unique locations, and a variety of other travel and non-travel related services.

1.2 As the creator of the Funt Platform, Funt does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Adventures or Guide Services, nor is Funt an organizer or retailer of travel packages under Directive (EU) 2015/2302. Guides alone are responsible for their Adventures and Guide Services. When Users make or accept a booking, they are entering into a contract directly with each other. Funt is not and does not become a party to or other participant in any contractual relationship between Users, nor is Funt an insurer. Funt is not acting as an agent in any capacity for any Users, except as specified in the Payment Terms.

1.3 While we may help facilitate the resolution of disputes, Funt has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Adventures or Guide Services, (ii) the truth or accuracy of any Adventure descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Funt does not endorse any User, Adventure or Guide Service. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Funt about any Users, including of the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in an Adventure or use a Guide Service, accept a booking request from a Participant, or communicate and interact with other Users, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of an Adventure at the time the photograph was taken, and are therefore not an endorsement by Funt of any Guide or Adventure.

1.4 If you choose to use the Funt Platform as a Guide, your relationship with Funt is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Funt for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Funt. Funt does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Guide Service. You acknowledge and agree that you have complete discretion whether to list Guide Service or otherwise engage in other business or employment adventures.

1.5 To promote the Funt Platform and to increase the exposure of Adventures to potential Participants, Adventures and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Adventures and other User Content may be translated, in whole or in part, into other languages. Funt cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The Funt Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The Funt Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Funt is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Funt of such Third-Party Services.

1.7 Due to the nature of the Internet, Funt cannot guarantee the continuous and uninterrupted availability and accessibility of the AdventuredPlatform. Funt may restrict the availability of the Funt Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Funt Platform. Funt may improve, enhance and modify the Funt Platform and introduce new Funt Services from time to time.

2. Eligibility, Using the Funt Platform, User Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Funt Platform or register an Funt Account. By accessing or using the Funt Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Guides Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 Funt may make access to and use of the Funt Platform, or certain areas or features of the Funt Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User's booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the Funt Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Funt Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement. Some areas of the Funt Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

Funt reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Funt Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least seven (7) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Funt Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account (“Funt Account”) to access and use certain features of the Funt Platform, such as publishing or booking an Adventure. If you are registering an Funt Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an Funt Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or other SSO accounts.

4.3 You must provide accurate, current and complete information during the registration process and keep your Funt Account and public Funt Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Funt Account unless Funt authorizes you to do so. You may not assign or otherwise transfer your Funt Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Funt Account credentials and may not disclose your credentials to any third party. You must immediately notify Funt if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Funt Account. You are liable for any and all activities conducted through your Funt Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 Funt may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your Funt Account. For example, we may allow eligible Users or certain third parties to book Adventures on behalf of other Users.  These features do not require that you share your credentials with any other person. No third party is authorized by Funt to ask for your credentials, and you shall not request the credentials of another User.

5. Content

5.1 Funt may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Funt Platform (“User Content”); and (ii) access and view User Content and any content that Funt itself makes available on or through the Funt Platform, including proprietary Funt content and any content licensed or authorized for use by or through Funt from a third party (“Funt Content” and together with User Content, “Collective Content”).

5.2 The Funt Platform, Funt Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Funt Platform and Funt Content, including all associated intellectual property rights, are the exclusive property of Funt and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Funt Platform, Funt Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Funt used on or in connection with the Funt Platform and Funt Content are trademarks or registered trademarks of Funt in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Funt Platform, Funt Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Funt Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Funt or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Funt grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Funt Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Funt Platform, you grant to Funt a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Funt Platform, in any media or platform. Unless you provide specific consent, Funt does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

5.6 Funt may offer Guides the option of having professional photographers take photographs of their Guide Service, which are made available by the photographer to Guides to include in their Adventures with or without a watermark or tag bearing the words "Funt Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Guide Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Funt Platform if they no longer accurately represent your Adventure, if you stop providing the Guide Service featured, or if your Funt Account is terminated or suspended for any reason. You acknowledge and agree that Funt shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Adventure or otherwise, without further notice or compensation to you. Where Funt is not the exclusive owner of Verified Images, by using such Verified Images on or through the Funt Platform, you grant to Funt an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Adventure or otherwise, without further notice or compensation to you. Funt in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Funt Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all User Content that you make available on or through the Funt Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Funt Platform or you have all rights, licenses, consents and releases that are necessary to grant to Funt the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Funt’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Funt’s Content Policy or any other Funt policy. Funt may, without prior notice, remove or disable access to any User Content that Funt finds to be in violation of these Terms or Funt’s then-current policies, or otherwise may be harmful or objectionable to Funt, its Users, third parties, or property.

5.9 Funt respects copyright law and expects its Users to do the same. It is Funt’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Funt will respond expeditiously to claims of copyright infringement committed using the Funt website and mobile application (the “Site and Application”) that are reported to Funt’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Funt’s Designated Copyright Agent. Upon receipt of the Notice as described below, Funt will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

5.10 DMCA Notice of Alleged Infringement (“Notice”)

6. Service Fees

6.1 Funt may charge fees to Guides (“Guide Fees”) and/or Participants (“Participant Fees”) (collectively, “Service Fees”) in consideration for the use of the Funt Platform.  Funt charges Guides who offer Adventures a Guide Fee of 30% of the gross amount charged for each Adventure.  The Guide Fee is automatically deducted from the payout to the Guide. Funt does not currently charge a Participant Fee for booking Adventure(s).

6.2 Funt reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective.

6.3 You are responsible for paying any Service Fees (including any applicable Taxes) that you owe to Funt. Funt will deduct any Guide Fees from the Adventure Fee before remitting the payout to the Guide. Any Participant Fees are included in the Total Fees collected by Funt.  Except as otherwise provided on the Funt Platform, Service Fees are non-refundable.

7. Terms specific for Guides

7.1 Terms applicable to all Adventures

7.1.1 When creating an Adventure through the Funt Platform you must (i) provide complete and accurate information about your Guide Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Adventure) and (iii) provide any other pertinent information requested by Funt. You are responsible for keeping your Adventure information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges) for your Adventure (“Adventure Fee”). Once a Participant requests a booking of your Adventure, you may not request that the Participant pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Adventure, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Adventure.

7.1.4 Pictures, animations or videos (collectively, “Images”) used in your Adventure must accurately reflect the quality and condition of your Guide Service. Funt reserves the right to require that Adventures have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Adventures in search results on the Funt Platform may vary and depend on a variety of factors, such as Participant search parameters and preferences, Guide requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Guide Service, and/or ease of booking.

7.1.6 When you accept or have pre-approved a booking request by a Participant, you are entering into a legally binding agreement with the Participant and are required to provide your Guide Service(s) to the Participant as described in your Adventure when the booking request is made. You also agree to pay the applicable Guide Fees and any applicable Taxes.

7.1.7 Funt recommends that Guides obtain appropriate insurance for their Guide Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Participants (and the individuals the Participant has booked for, if applicable) while participating in your Adventure or other Guide Service.

7.3 Adventures and other Guide Services

7.3.1 To list an Adventure or other Guide Service, you must create an Adventure and submit the Adventure or Guide Service to Funt.  Adventures or other Guide Services must at all times meet the quality standards as set forth below. Funt reserves the right to decide, in its sole discretion, whether a submitted Adventure or other Guide Service will be published on the Funt Platform. Once published, an Adventure or other Guide Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the Funt Terms of Service.

7.3.2 When listing an Adventure or other Guide Service, you must, where applicable, fully educate and inform Participants about (i) any risks inherent to the Adventure or other Guide Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Adventure or other Guide Service (including dress codes, equipment, special certifications or licenses, etc.).

7.3.3 Once your Adventure or other Guide Service is published on the Funt Platform, you will have the ability to add dates and times when you offer your Adventure through the Funt Platform. By making your Adventure or other Guide Service available for a particular date and time on the Funt Platform (an “Instance”), you agree that only people who book through the Funt Platform can attend that Instance of the Adventure or other Guide Service. You further agree that you will not allow people to attend any Instance of your Adventure or other Guide Service available on the Funt Platform unless that person booked through Funt (or was added as an additional Guest for a spot booked through the Funt Platform).

7.3.4 Guides alone are responsible for the Adventure or other Guide Service that they submit, list and provide. Funt merely provides the Funt Services and is not itself an operator or provider of tours, activities, adventures or other Guide Services. Funt does not own, sell, resell, furnish, provide, manage and/or control any such Adventures or other Guide Services. Funt’s responsibilities are limited to making the Adventures or other Guide Services available through the Funt Platform.

7.3.5 You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to provide your Adventure or other Guide Service. You are solely responsible for ensuring that the Equipment used in your Adventure or other Guide Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

7.3.6 You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Adventure or other Guide Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Adventure or other Guide Service(s); and (iii) ensuring that your Adventure and/or providing of an Adventure, or other Guide Service(s) will not breach any agreement you may have with any third party. You must provide your Adventure or other Guide Service in person and may not allow any third party to provide the Adventure or other Guide Service on your behalf, unless authorized by Funt.

7.3.7 Adventures are one-of-a-kind adventures that tell the story of the Guides’ unique perspective and passion, offering participants something that guidebooks or internet searches can’t. To help ensure all Adventures meet the community’s expectations, they must meet the following standards before participants can book. These standards can also help you earn great reviews. You can see how you’re doing by checking ratings and feedback from your participants. Keep in mind that if you consistently receive low ratings or there are other indications that you do not meet these standards, your Adventure may be temporarily or permanently removed from the platform. All Adventure(s) must meet our quality standards:

7.3.8 You may become eligible, upon completing additional training and credentialing to provide services to Funt’s hotel, resort, or travel agency partners.  You can request to provide these services by reaching out to your Funt guide representative or by emailing [email protected].  Funt reserves the right to deny any guide access to provide services under these partnership agreements.

7.3.9 During the period commencing on the date hereof and the terminating twenty-four (24) months after the termination of this agreement Guide will not directly or indirectly solicit employment or market guide and or adventure services as an independent contractor or otherwise directly to any of Funt’s hotel, travel agency, brand, or retail partners outside of the Funt platform without Funt’s express written consent.

8. Terms specific for Participants

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Funt and/or the Guide, you can book an Adventure available on the Funt Platform by following the respective booking process. All applicable fees, including the Adventure Fee, Participant Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking an Adventure.  You agree to pay the Total Fees for any booking requested in connection with your Funt Account.

8.1.2 Upon receipt of a booking confirmation from Funt, a legally binding agreement is formed between you and your Guide, subject to any additional terms and conditions of the Guide that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Adventure. Funt will collect the Total Fees at the time of the booking request or upon the Guides’ confirmation of the Adventure completion.

8.1.3 If you book a Guide Service on behalf of additional Participants, you are required to ensure that every additional Participant meets any requirements set by the Guide, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Guide. If you are booking for an additional Participant who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Adventure or other Guide Service if accompanied by an adult who is responsible for them.

8.1.4 Funt allows for a Participant to book an Adventure on behalf of multiple other Participants but requires the Participant booking the Adventure to pay the Total Fees in full. Participants can only book an Adventure for multiple Participants if the Guide allows for the number of Participants requested to participate in the Adventure.  Additional Participants are also subject to all terms and conditions found herein and any additional requirements specified by the Guide.

8.2 Booking Adventures and other Guide Services

8.2.1 You should carefully review the description of any Adventure or other Guide Service you intend to book to ensure you (and any additional Participants you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Guide has specified in their Adventure. At your sole discretion, you may want to inform the Guide of any medical or physical conditions, or other circumstances that may impact your and any additional Participant’s ability to participate in any Adventure or other Guide Service. In addition, certain laws, like the minimum legal drinking age in the location of the Adventure or other Guide Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Adventure or other Guide Service.

8.2.2 Before and during an Adventure or other Guide Service you must at all times adhere to the Guides’ instructions.

8.2.3 You may not bring any additional individuals to an Adventure or other Guide Service unless such an individual was added by you as an additional Participant during the booking process on the Funt Platform.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Guides and Participants are responsible for any modifications to a booking that they make via the Funt Platform or direct Funt customer service to make (“Booking Modifications”), and agree to pay any additional Adventure Fees, Guide Fees or Participant Fees and/or Taxes associated with such Booking Modifications.

9.2 Participants can cancel a confirmed booking at any time pursuant to the Adventure’s cancellation policy, and Funt will refund the amount of the Total Fees due to the Participant in accordance with such cancellation policy. Unless extenuating circumstances exist in accordance with our extenuating circumstances policy (as defined below), any portion of the Total Fees due to the Guide under the applicable cancellation policy will be remitted to the Guide by Funt pursuant to the Payments Terms.

9.3 If a Guide cancels a confirmed booking, the Participant will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Funt may allow the Participant to apply the refund to a new booking, in which case Funt will credit the amount against the Participant’s subsequent booking at the Participant’s direction. Further, Funt may publish an automated review on the Adventure cancelled by the Guide indicating that a booking was cancelled. In addition, Funt may (i) keep the calendar for the Adventure unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Guide has a valid reason for cancelling the booking pursuant to Funt’s Refund Policy or has legitimate concerns about the Participant’s behavior.

9.4 For Adventures and other Guide Services, if inclement weather creates an unsafe or uncomfortable scenario for Participants, Guides may modify or cancel an Adventure or Guide Service. If there is a substantial change in the itinerary or the Adventure or Guide Service needs to be cancelled, Funt will work with the Guide and/or Participants to provide Participants an alternative date for the Guide Service, an appropriate refund or a rebooking.

9.5 In certain circumstances, Funt may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Funt's Refund Policy or (i) where Funt believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Funt, other Participants, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.6 If a Participant suffers a Travel Issue pursuant to the Refund Policy, Funt may determine, in its sole discretion, to refund the Participant part or all of the Total Fees in accordance with the Refund Policy.

9.7 If, as a Guide, your Participant cancels a confirmed booking or Funt decides that it is necessary to cancel a confirmed booking, and Funt issues a refund to the Participant in accordance with the Refund Policy or other applicable cancellation policy, you agree that in the event you have already been paid, Funt will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future payouts due to you.

9.8 Except as otherwise set out in these Terms, Participants may use the Resolution Center to send or request money for refunds, additional Guide Service, Co-Guide Service or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Funt Account, and Funt will handle all such payments.

9.9 Below is a list of circumstances covered by our extenuating circumstances policy. Before you cancel, check that your circumstance is included in the list below and that you can provide the required documentation.

The following circumstances require documentation:

Death of a Guide, Participant, or their immediate family member. You’ll be asked to provide one of these documents:

• Death certificate
• Obituary
• News article naming the deceased

Serious illness of a Participant, Guide, or any member of the traveling party. You’ll be asked to provide a general statement from a physician confirming that the person can't travel. The statement must be dated after the Adventure was booked.

Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment. You'll be asked to provide a copy of the official notice dated after the Adventure was booked, including the name of the person fulfilling the obligation.

Airport and road closures that make it impossible to travel to your destination. This includes closures caused by natural disasters like earthquakes or severe storms. You’ll be asked to provide a notice of the road closure, or notice of the airport closure and proof that the flight was canceled.

10. Ratings and Reviews

10.1 Within a certain time frame after completing a booking, Participants can leave a public review (“Review”) and submit a star rating (“Rating”) about the Guide and Adventure. Ratings or Reviews reflect the opinions of individual Participants and do not reflect the opinion of Funt. Ratings and Reviews are not verified by Funt for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Participants must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Funt’s Content Policy and Extortion Policy.

10.3 Participants are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.

10.4 Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on the Funt Platform (such as the Adventure page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

11. Damage; Disputes between Users

11.1 As a Participant, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Guide Services, excluding the Guide (and the individuals the Guide invites to the Guide Services, if applicable).

11.2 Guides are solely responsible for ensuring that the Equipment used in the Adventure or other Guide Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

12. Rounding off

Funt generally supports payment amounts that are payable from or to Participants or Guides to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Funt’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Funt may, in its sole discretion, round up or round down amounts that are payable from or to Participants or Guides to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Funt may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

13. Taxes

13.1 As a Guide, you are solely responsible for determining your obligations to report, collect, remit or include in your Adventure Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”).

13.2 Tax regulations may require us to collect appropriate Tax information from Guides, or to withhold Taxes from payouts to Guides, or both. If a Guide fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Funt Platform. In connection with your use of the Funt Platform, you will not and will not assist or enable others to:

14.2 You acknowledge that Funt has no obligation to monitor the access to or use of the Funt Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Funt Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure User’s compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Funt in good faith, and to provide Funt with such information and take such actions as may be reasonably requested by Funt with respect to any investigation undertaken by Funt or a representative of Funt regarding the use or abuse of the Funt Platform.

14.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Funt by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Funt terminate the Agreement in accordance with this Section 15.

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Funt Account as a Guide, any confirmed booking(s) will be automatically cancelled and your Participants will receive a full refund. If you cancel your Funt Account as a Participant, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Adventure’s cancellation policy.

15.3 Unless your Country of Residence is the United States, without limiting our rights specified below, Funt may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

15.4 Funt may immediately, without notice, terminate this Agreement and/or stop providing access to the Funt Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Funt believes in good faith that such action is reasonably necessary to protect the personal safety or property of Funt, its Users, or third parties (for example in the case of fraudulent behavior of a User).

15.5 In addition, Funt may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Funt Account registration, Adventure process or thereafter, (iv) you and/or your Adventures or Guide Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Funt otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Funt believes in good faith that such action is reasonably necessary to protect the personal safety or property of Funt, its Users, or third parties, or to prevent fraud or other illegal activity:

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Funt and an opportunity to resolve the issue to Funt's reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Participants in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Funt Account or any of your User Content. If your access to or use of the Funt Platform has been limited or your Funt Account has been suspended or this Agreement has been terminated by us, you may not register a new Funt Account or access and use the Funt Platform through an Funt Account of another User.

15.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

16. Disclaimers

If you choose to use the Funt Platform or Collective Content, you do so voluntarily and at your sole risk. The Funt Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Funt Services, laws, rules, or regulations that may be applicable to your Adventures and/or Guide Services you are receiving and that you are not relying upon any statement of law or fact made by Funt relating to an Adventure.  If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.  You agree that some Adventures may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily.  For example, some Guide Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Guide Services. You understand and acknowledge that You may be exposed to dangers and hazards, including some of the following (depending on the Guide Service): falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, hypothermia, hostile or aggressive wildlife, death, equipment failures, traffic, collisions with obstacles, hazards, failure to wear a helmet and/or other protective equipment, and negligence of others. You assume full responsibility for the choices you make before, during and after your participation in a Guide Service. If you are bringing a minor as an additional Participant, you are solely responsible for the supervision of that minor throughout the duration of your Guide Service and to the maximum extent permitted by law, you agree to release and hold harmless Funt from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Guide Service or in any way related to your Guide Service.  The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. Liability

17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Funt Platform and Collective Content, your publishing or booking of any Adventure via the Funt Platform, participation in any Adventure or use of any other Guide Service, or any other interaction you have with other Users whether in person or online remains with you. Neither Funt nor any other party involved in creating, producing, or delivering the Funt Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Funt Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Funt Platform, or (iv) from your publishing or booking of an Adventure, including the provision or use of an Adventure or Guide Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Funt has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no way will Funt’s aggregate liability arising out of or in connection with these Terms and your use of the Funt Platform including, but not limited to, from your publishing or booking of any Adventures via the Funt Platform, or from the use of or inability to use the Funt Platform or Collective Content and in connection with any Adventures, other Guide Service, or interactions with any other Users, exceed one hundred dollars (US$100), or if you are a Guide, one hundred U.S. dollars (US$100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Funt and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Funt’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

17.2 If your Country of Residence is in the EU, Funt is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Funt is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Funt in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Funt is excluded.

18. Indemnification

You agree to release, defend (at Funt’s option), indemnify, and hold Funt and its affiliates and subsidiaries and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Funt Platform or any Funt Services, (iii) your interaction with any Users, participation in an Adventure or other Guide Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) Funt’s Collection and Remittance of Taxes, or (v) your breach of any laws, regulations or third party rights.

19. Dispute Resolution and Arbitration Agreement

19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against Funt in the United States (to the extent not in conflict with Section 21).

19.2 Overview of Dispute Resolution Process. Funt is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Funt’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:

19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Funt each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Funt’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

19.4 Agreement to Arbitrate. You and Funt mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Funt Platform, the Guide Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Funt agree that the arbitrator will decide that issue.

19.5 Exceptions to Arbitration Agreement. You and Funt each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Funt agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Mono County; (c) in any other location to which you and Funt both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Funt agree that Funt will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Funt agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

19.10 Jury Trial Waiver. You and Funt acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

19.11 No Class Actions or Representative Proceedings. You and Funt acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Funt both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Funt changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Funt’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Funt in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Funt Platform or terminate your Funt Account.

20. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Funt Platform (“Feedback”). You may submit Feedback by emailing us at [email protected] section of the Funt Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

21. Applicable Law and Jurisdiction

21.1 If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Los Angeles, CA , unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Los Angeles, CA.

21.2 If your Country of Residence is China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Funt may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.

21.3 If your Country of Residence is outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your Country of Residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Funt wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Funt and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Funt and you in relation to the access to and use of the Funt Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and Funt as a result of this Agreement or your use of the Funt Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 Funt’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Funt's prior written consent. Funt may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Funt via email, Funt Platform notification, or messaging service (including SMS and WeChat). For notices made to Users residing outside of Germany, the date of receipt will be deemed the date on which Funt transmits the notice. If your booking is in respect of an Adventure in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Funt’s obligations.

22.8 If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Funt Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

22.9 If you have any questions about these Terms please email us at [email protected]

Funt Policies

Table of Contents

1. Content Policy
2. Community Standards
3. Extenuating Circumstances Policy
4. Extortion Policy
5. Nondiscrimination Policy
6. Refund Policy
7. Reviews Policy

1. Content Policy

By posting content in public areas on Funt, you agree to abide by these guidelines and all other Funt policies. We reserve the right to remove any content, in whole or part, that violates these guidelines or our Terms of Service, or for any other reason at our sole discretion.

In the event of repeated or severe violations, we may suspend or permanently deactivate the account(s) in question.

You can flag or contact us about posts that appear to violate these content guidelines.

We don't allow:

In addition to the above, the following guidelines apply to specific types of content on Funt:

2. Community Standards

Safety

Your Funt experience begins the moment you embrace adventure. That’s only possible when you trust this community and feel safe. As a result, safety is our first priority—we require that you refrain from endangering or threatening anyone.

Security

If you’re experiencing a Guide’s Adventure as a Participant, you should trust that you will feel secure. We ask you to respect others’ property, information, and personal belongings.

Fairness

The global Funt community is as diverse, unique, and vibrant as the world around us. Fairness is what holds us together, what makes it possible for us to trust one another, integrate seamlessly within communities, and feel as if can we can truly belong.

Authenticity

Your Funt experiences should be full of delightful moments and surprising adventures. Since our community is built on trust, authenticity is essential—it requires a balance of shared expectations, honest interactions, and accurate details.

Reliability

Every Adventure is unique and each detail specific to a Guide. Since our community makes commitments based on these details, we have to be able to trust each other’s reliability—whether it be in timely communication, the condition of the listing, or in the expectations we set.

3. Extenuating Circumstances Policy

What if I need to cancel because of an emergency or unavoidable circumstance?

We may be able to give you a refund or waive the penalties if you have to cancel because of an unexpected circumstance that’s out of your control. Below is a list of circumstances covered by our Extenuating Circumstances Policy. Before you cancel, check that your circumstance is included in the list below and that you can provide the required documentation.

Circumstances that require documentation

Death of a Guide, Participant, or their immediate family member. You’ll be asked to provide one of these documents:

Serious illness of a Participant, Guide, or any member of the traveling party. You’ll be asked to provide a general statement from a physician confirming that the person can't travel. The statement must be dated after the Adventure was booked.

Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment. You'll be asked to provide a copy of the official notice dated after the Adventure was booked, including the name of the person fulfilling the obligation.

Airport and road closures that make it impossible to travel to your destination. This includes closures caused by natural disasters like earthquakes or severe storms. You’ll be asked to provide a notice of the road closure, or notice of the airport closure and proof that the flight was canceled.

Circumstances that require special review

There’s no required documentation for these circumstances, but our specialized team will review each case to confirm that you’re directly affected.

Severe security advisories for political or civil unrest in the area that the Participant is traveling from, traveling to, or that the Guide’s Adventure is located in. Examples include:

Changes to visa or passport requirements that make it impossible to travel to the destination. This doesn’t include lost or expired travel documents.

Natural disasters that prevent the Participant from traveling to or from the destination, or that make it unsafe to host Participants. Examples include:

Endemic disease or illness that suddenly affects a region or an entire group of people. This doesn’t include existing diseases that are associated with an area, for example Malaria in Thailand or Dengue Fever in Hawaii. Examples of endemic disease include:

What to do next

If you’ve confirmed your circumstance meets the requirements above, first cancel your reservation and then contact us to file a claim. We’ll walk you through the next steps, which will include submitting any required documentation and waiting for our team to review your case. Claims must be submitted within 14 days of the extenuating circumstance.

4. Extortion Policy

Reviews are a way for Funt Participants and Guides to share their experiences with the community. Any attempt to use reviews or review responses to force a User to do something they aren’t obligated to do is a misuse of reviews, and we don’t allow it.

This policy applies to situations including, but not limited to:

This policy does not prohibit:

Guides and Participants cannot edit reviews after they are published.

By posting a review, you agree to follow all Funt guidelines and policies, including the Extortion Policy, which Funt may enforce at our sole discretion. Failure to do so may result in the restriction, suspension or termination of your Funt account.

If you think you've experienced extortion, please contact us.

5. Nondiscrimination Policy

Specific Guidance for Guides in the United States and European Union

As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws. Guides should contact Funt customer service if they have any questions about their obligations to comply with this Funt Nondiscrimination Policy. Funt will release further discrimination policy guidance for jurisdictions outside the United States in the near future. Guided by these principles, our U.S. and EU provider community will follow these rules when considering potential Participants:

Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status

Disability

Personal Preferences

Participants

Participants should be in good health to participate in Adventures. Only you know your physical conditions or limitations. Extremely large or small individuals, Participants who have heart, back or neck trouble or conditions, pregnant women, people who have had recent surgery or an illness, people with casts, braces, restrictive devices or certain disabilities may not be safely accommodated by certain Adventures. If you suspect your health could be at risk for any reason, or you could aggravate a pre-existing condition of any kind, DO NOT PARTICIPATE IN THE ADVENTURE. In order to participate in certain events or conditions, the Participant might be asked to maintain a certain position or meet the requirements and appropriately utilize restraint systems, if required. All Participants must also be able to demonstrate a willingness and ability to comply with verbal and written participant requirements. Guides may turn down any Participant that cannot meet the safety systems designed by the manufacturer.  All Participants have a duty to exercise good judgment and act in a responsible manner while participating in an Adventure and to obey all verbal and written warnings and instructions. Participants also have a duty to properly use all Adventure safety equipment provided.

When Participants are turned down.

Guides should keep in mind that no one likes to be turned down. While a Guide may have, and articulate, lawful and legitimate reasons for turning down a potential Participant, it may cause that member of our community to feel unwelcome or excluded. Guides should make every effort to be welcoming to Participants of all backgrounds. Guides who demonstrate a pattern of rejecting Participants from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential Participants feel unwelcome, and Adventurd may suspend Guides who have demonstrated such a pattern from the Funt Platform.

Specific Guidance for Guides Outside the United States and European Union

Outside of the United States and the European Union, some countries or communities may allow or even require people to make accommodation distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general nondiscrimination philosophy. In these cases, we do not require Guides to violate local laws, nor to accept Participants that could expose the Guides to a real and demonstrable risk of arrest, or physical harm to their persons or property. Guides who live in such areas should set out any such restriction on their ability to provide particular Participants in their Adventure, so that prospective Participants are aware of the issue and Funt can confirm the necessity for such an action. In communicating any such restrictions, we expect Guides to use clear, factual, non-derogatory terms. Slurs and insults have no place on our platform or in our community.

What happens when a Guide does not comply with our policies in this area?

If a particular Adventure contains language contrary to this nondiscrimination policy, the Guide will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. Funt may also, in its discretion, take steps up to and including suspending the Guide from the Funt Platform.

If the Guide improperly rejects Participants on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Funt will take steps to enforce this policy, up to and including suspending the Guide from the platform.

As the Funt community grows, we will continue to ensure that Funt’s policies and practices align with our most important goal: To ensure that Participants and Guides feel welcome and respected in all of their interactions using the Funt Platform. The public, our community, and we ourselves, expect no less than this.

6. Refund Policy

The Refund Policy

An Adventure is fully refundable if:

Cancellations Related to Identification

Some Adventures require all Participants to have an Funt Account and provide ID before attending. If you or any Participant on your reservation don’t complete this process within 3 days of purchase, the entire reservation will be canceled and fully refunded.

Cancellations Related to Weather

Guides plan for changes in the weather and will try to continue the Adventure as planned, even in bad weather. If severe weather conditions make it unsafe for you and your Guide to continue as scheduled, the Guide may adjust the itinerary. If the Adventure is substantially changed or canceled altogether, you can request a refund using the Resolution Center after the Adventure has ended.

Extenuating Circumstance

Funt empowers Guides to set and manage their cancelation policies. If a Guide or Participant needs to cancel a reservation, it’s their responsibility to cancel as soon as possible. At times, certain circumstances outside of a Guide or Participant’s control can impact their ability to meet the terms of a reservation.  In rare instances, if Funt determines that a Participant’s reason for cancellation falls within the extenuating circumstances policy, Funt may override the Guide’s cancellation policy (ex: flexible, moderate, strict) and make refund decisions. If Funt determines that a Guide’s reason for cancellation falls within the extenuating circumstances policy, Funt may waive the Guide cancellation penalties outlined in Funt’s Terms of Service and Funt’s Payments Terms of Service.

What might be covered under the extenuating circumstances policy?

Valid circumstances include:

Claims can only be considered after a reservation has been canceled. Once you've informed your Guide or Participant and canceled a reservation, if you feel that your reason for cancelation is covered by the extenuating circumstances policy, contact Funt for consideration. We generally require claims to be submitted no later than 14 days from the original check-in date and we may require valid supporting documentation.

7. Review Policy

All the reviews on Funt are written by Participants from our community, so any review you see is based on an Adventure that a Participant had in a Guide’s Adventure.

You have 14 days after your Adventure to write a review.

Writing a review

To leave a review for a recent Adventure, go to your reviews. Reviews are limited to 500 words and must follow Funt’s Content Policy. You can edit your review for up to 48 hours, unless your Guide or Participant completes their review.

Review history

To see reviews you've written or reviews about you, go to your reviews. You'll also see any private feedback that people have left you.

Our community relies on honest, transparent reviews. We will remove a review if we find that it violates our Content Policy.

Group reviews

If a reservation has more than one confirmed participant, the Guide’s review will appear on all of the Participants’ profiles.

Participant Release & Waiver

Last Updated: November 28, 2018

In order to participate in an Adventure, your Guide(s) require(s) you to accept this Participant Release and Waiver, which is effective between you and your Guide(s) as of the date when you first book or participate in an Adventure, whichever happens first. All terms not defined here have the meaning given to them in the Funt Terms of Service found at www.funt.com/terms-and-conditions.  

You represent that you are 18 years of age or older. If you are bringing a minor as a Participant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Adventure, and have read this Participant Release and Waiver and agree to it on the minor’s behalf. If you are booking an Adventure on behalf of other Participants, you will ensure, and you represent and warrant, that each Participant on whose behalf you book has read and agreed to this Participant Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.

Assumption of Risks

You understand and acknowledge that the Adventure(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death. You understand and acknowledge that You may be exposed to dangers and hazards, including some of the following (depending on the Adventure): falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, hypothermia, hostile or aggressive wildlife, death, equipment failures, traffic, collisions with obstacles, hazards, failure to wear a helmet and/or other protective equipment, and negligence of others. As a consequence of these risks, You understand and acknowledge that You may be seriously hurt or disabled or may die from the resulting injuries, and Your property may also be damaged. Additionally, You understand and acknowledge that hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during portions of the Adventure. 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH ADVENTURE, INCLUDING EACH ADVENTURE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE GUIDE OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE ADVENTURE OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE ADVENTURE.

Release and Waiver

You acknowledge and agree that:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR GUIDE(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR ADVENTURE(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered. You intend this Participant Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUIDE(S) PROVIDES THE ADVENTURE(S) “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, GUIDE(S) EXPRESSLY DISCLAIMS ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification

To the fullest extent allowed by law, You agree that if, despite this Participant Release and Waiver, you or anyone on your behalf make a claim against the Guide(s) relating to an Adventure, you will indemnify, defend and hold the Guide(s) harmless from any liability, demand, loss, damage, or costs which the Guide(s) may incur as the result of such claim.

You affirm that you HAVE READ THIS PARTICIPANT RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.