Participant Terms of Service

These Terms of Service (“Terms”) are a binding legal agreement between you and Yama, LLC “Yama,” “we,” or “us”) that govern your right to use Yama’s website (the “Website”) and the services related therewith. The Website offers an online platform that enables users (“Users”) to list, publish, offer, search for, and book activities, excursions, and events (“Experiences”, and each Experience offering, a “Listing”). Users who list Experiences are “Guides” and Users who search for, book, or participate in Experiences are “Participants.” By searching for, booking, or participating in an Experience, you agree to these Terms. For purposes of these Terms, you are considered a Participant.

1. Relationship with Yama.

As a Participant, Yama may allow you to search for, book, and participate in Experiences provided by Guides and listed on the Website. Yama does not direct or control the Experience you book. Guides are not employees, agents, joint venturers, or partners of Yama. Your Guide will have complete discretion whether and when to provide Experiences, and at what price and on what terms to offer them. 

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     2 . Booking an Experience; Contracting with Guides and Yama.

2.1. Booking an Experience entitles you to attend or participate in the corresponding event, excursion or activity described in the Listing.

2.2. By booking an Experience, you are agreeing to pay all fees and charges described in the Listing (the “Price”).

2.3. By booking an Experience, you are agreeing to abide by any rules described by the Guide on the Listing, in addition to these Terms. Further, you will also be required to sign a Participant Representations, Release and Waiver Agreement which is a binding legal agreement between you and your Guide.

2.4. You may not allow any person to join an Experience as a “Co-Participant” unless they are included as a Participant during the booking process and have signed a Participant Representations, Release and Waiver Agreement.

2.5. When you book an Experience, you are responsible for confirming that you, and anyone you invite, meet all requirements described on the Listing, including, without limitation, any applicable requirements relating to age, proficiency, fitness, mental or physical ability, qualifications, licenses, and experience. You are responsible for checking with the Guide that your safe participation in the Experience will not be impaired by any mental or physical disability or limitation or any other factor that may be relevant to your participation in the Experience.

     3. Assumption of Risk.

3.1. You understand and acknowledge that the Experience may be hazardous and may carry the risk of property damage, illness, injury, disability, paralysis, and death.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN THE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE GUIDE, OTHER PARTICIPANTS, OR THIRD PARTIES, OR FROM DEFECTS IN ANY EQUIPMENT, PREMISES, OR FACILITIES, OR FROM NATURAL OR MANMADE ENVIRONMENTS. YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATING IN THE EXPERIENCE.

     4 . Compliance with Applicable Laws.

4.1. You agree to comply with all laws, rules, and regulations applicable to your participation in an Experience.

4.2. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions Co-Participant. If you are booking for a minor Co-Participant, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. By including the minor as a Co-Participant and booking the Experience, you acknowledge and represent that you are legally authorized to act on behalf of the minor and that you are solely responsible for the supervision and safety of that minor.

     5 . Contracting with Guides; Modifying and Cancelling Experiences.

5.1. When you confirm a booking through the Website, you are entering into a contract directly with a Guide. You will be responsible for complying with all additional rules and terms described on the applicable Listing. 

5.2. You may request to modify an Experience at any time. However, if you request a modification less than 48 hours prior to an Experience, your Guide may reject any such modifications.

5.3. You may cancel an Experience at any time. If you cancel an Experience 48 hours or more prior to the start of an Experience, you will receive a full refund, after deducting payment processing costs. If you cancel an Experience less than 48 hours prior to the start of the Experience, you will not be entitled to any refund.

5.4. If your Guide cancels an Experience at any time, you will receive a full refund, after deducting payment processing costs.

     6 . Compliance with Yama Standards.

6.1. You must be responsive to communications from your Guide and from Yama.

 

6.2. During an Experience and during your use of the Website, you may not:

 

1. Engage in or promote any violation of applicable laws, including without limitation: assault, abuse, sexual harassment, theft, vandalism, trafficking, acts of violence, or use or interaction with dangerous or illegal organizations.

2. Engage in or promote any threatening, violent, abusive, bullying, or harassing behavior towards others, including engaging in sexual assault or misconduct.

3. Engage in or promote any threatening, violent, abusive, bullying, or harassing language, or any dangerous speech, slurs, hate speech or derogatory speech towards others.

4. Make false claims against or about other Users, including Guides.

6.3. You must listen carefully to and follow all instructions provided by your Guide and any Co-Guides, particularly when those instructions relate to the safety of you, a Co-Participant, a Guide or Co-Guide, or a third party. You must not leave your Guide or engage in the Experience without your Guide’s guidance, supervision or oversight.

6.4. For certain Experiences, such as unsafe Experiences or Experiences that involves a technically specialized activity or your operation a vehicle, Yama may require you to provide us with proof of appropriate, qualification, license, certification, and/or insurance that covers you and any Participants you drive, if applicable. You will not be able to participate in an Experience if:

• You do not submit the requested documents to us;

• The required documents are expired;

• The name(s) on the documents does not match the name listed on your Yama profile;

• The documents do not meet our license or insurance requirements; or

• We cannot process the provided documents for any other reason (e.g. blurry photo or unrecognized document type).

Yama may, in its sole discretion, prevent you from participating in an Experience under this Section 6.

     7 . Yama Website.

7.1. When using the Website you must follow the Yama Standards in Section 6.

7.2. The intellectual property rights for the Website and all content on the Website are the exclusive property of Yama and/or its licensors. Content made available through the Website may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that content are the exclusive property of Yama and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any content accessed through the Website. Subject to your compliance with these Terms, Yama grants you a limited, revocable, non-exclusive, sub-licensable, non-transferable license to access and view the content made available on or through the Website and accessible to you, solely for your personal and non-commercial use.

7.3. When using the Website you must not do or help or induce others to do any of the following:

1. Scrape, hack, reverse engineer, compromise or impair the Website.

2. Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Website.

3. Decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Website.

4. Take any action that could damage or adversely affect the performance or proper functioning of the Website.

5. Use the Website in a manner not authorized by these Terms or another agreement with us.

6. Use another User’s personal information unless necessary to facilitate a transaction using the Website as authorized by these Terms.

7. Engage in any practices that are intended to manipulate our search algorithm.

8. Use, copy, display, mirror or frame the Website or any Yama branding, page layout or design without our consent.

9. Drive traffic to other sites or market unrelated products

10. Divert payments meant for others.

7.4. If you provide us with someone else’s (including a Co-Participant’s) personal information, you: (i) must do so in compliance with all applicable laws, (ii) must be authorized to do so, and (iii) authorize us to process that information in a manner consistent with these Terms.

7.5. Do not use the name, logo, branding, or trademarks of Yama or others without permission. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Yama branding.

     8 . Reporting Violations.

8.1. If you believe that a User or Listing poses an imminent risk of harm to a person or property, you should immediately contact local authorities. You should also contact Yama after contacting local authorities. If you report an issue to law enforcement authorities, Yama may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report that you file with law enforcement authorities.

8.2. If you believe that a User or Listing violates these Terms or will harm another User or Yama, you should report the potential violation to Yama.

     9 . Disclaimer of Warranties

We provide the Yama Website “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example, we do not (a) endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Participant, Guide, Experience, Listing or third party, (b) warrant the performance or non-interruption of the Yama Website, or (c) warrant that identity, background, insurance, qualification, or licensing checks conducted on Users or Listings (if any) will identify past misconduct or prevent future misconduct. 

The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

Yama does not control the conduct of Users. You acknowledge that Yama has the right, but does not have any obligation, to monitor the use of the Website and verify information provided by our Users.

     10 . Yama Limitation on Liability

Neither Yama (including its affiliates, officers, representatives and personnel) nor any other party involved in creating, producing, or delivering the Yama Website 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) the use of or inability to use the Yama Website, (iii) any communications, interactions or meetings you may have with another User, or (iv) your booking of a Listing or participation in any Experience, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Yama has been informed of the possibility of such damage.

In no event will Yama’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, your use of or inability to use the Yama Website, or your booking or participation in any Experience, exceed the amount paid by you to a Guide and Yama in the 6-month period prior to the event giving rise to the claim or dispute.

These limitations of liability and damages are fundamental elements of the agreement between you and Yama.

     11 . Yama Indemnification

To the maximum extent permitted by applicable law, you agree to release, indemnify, defend (at Yama’s option), and hold harmless Yama (including Yama affiliates, officers, representatives and personnel) 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, (ii) your improper use of the Yama Website, (iii) your interaction with any User or participation in any Experience, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) arising therefrom, or (iv) your breach of any applicable laws or User’s or third party’s rights.

     12 . Termination, Suspension and other Measures.

12.1. These Terms are effective when you access the Yama Website and remain in effect until either you or we terminate the agreement in accordance with these Terms.

12.2. You may terminate this agreement at any time by deleting your account. Yama may terminate this agreement and your account for any reason immediately upon notice to you via email or using any other contact information you have provided for your account.

12.3. Notwithstanding Section 12.2, Yama may, immediately and without notice, terminate this agreement, suspend or limit your access to or use of the Website, or cancel pending or confirmed bookings, if you breach these Terms or violate any applicable laws, or if we reasonably believe that such breach or violation has occurred or is reasonably likely to occur. 

12.4. Yama may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.

12.5. If you terminate your Yama account, if these Terms are terminated, if we suspend or terminate your account, or if a Listing is suspended or ended, any confirmed booking(s) will be automatically cancelled and you will receive a full refund pursuant to Section 5. 

12.6. If we terminate these Terms or limit, suspend or end your account or access to or use of the Website, you may not register a new account or access or use the Yama Website through an account of another User.

     13 . Miscellaneous

13.1. Parts of these Terms that by their nature survive termination, will survive termination of these Terms.

13.2. Yama may modify these Terms at any time by providing an updated version of these Terms on the Website. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Yama Website will constitute acceptance of the revised Terms.

13.3 These Terms will be interpreted in accordance with the laws of the State of Utah, without regard to conflict-of-law provisions that would cause the application of the laws of another jurisdiction. Any dispute or claim arising out of or relating to these Terms or the Yama Website shall be brought exclusively in state or federal court in Salt Lake City, Utah. You consent to venue and personal jurisdiction in Salt Lake City, Utah, and hereby waive any defense as to inconvenience of forum.

13.4. These Terms constitute the entire agreement between Yama and you pertaining to your access to and use of the Yama Website and services and supersede any and all prior oral or written understandings or agreements between Yama and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Yama. 

13.5. 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.

13.6. Yama’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.

13.7. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Yama's prior written consent. Yama may, without restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

13.8. Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by Yama via email or any other contact method you provide.