Guide 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, 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.” For purposes of these Terms, you are considered a Guide.
Relationship with Yama.
As a Guide, Yama may allow you to publish Listings on the Website and provide Experiences to Participants who book the Experiences. You acknowledge and agree that you are an independent person and not an employee, agent, joint venturer, or partner of Yama. Yama does not direct or control your Experiences. Other than Yama’s right to reject or suspend Listings, you have complete discretion over whether and when to provide Experiences, as well as the price and terms of the Experiences.
2 . Listing and Listing Standards.
2.1. In order to provide an Experience, you must submit a Listing describing the Experience to the Website. All submitted Listings are subject to approval by Yama, which approval may be withheld in Yama’s sole discretion. Listings that violate these Terms may be suspended until the violating content is removed or may be removed permanently by Yama, in our sole discretion.
2.2. Listings must contain:
The total cost of the Experience (“Price”), which shall be inclusive of any and all fees and charges related to the Experience, such as the cost of passes and materials.
Complete and accurate information about the Experience, including: a full description of the Experience; a pre-defined itinerary of what Participants will be doing; time, date and location of the Experience; meeting address; what is included in the Price; any items that Participants should bring for the Experience (e.g. food not included in the Price); and any additional information relevant to the Experience. Descriptions of the Experience must not include open-ended plans that require Participants to define an Experience’s activities, location or itinerary.
All risks inherent or incidental to the Experience and any requirements for participation, as well as anything else a Participant may need to know to safely participate in the Experience. For example, Listings may need to include required skill levels, fitness/activity levels, dress codes, equipment, and certifications or licenses required.
Any special terms that apply to your Listing.
You are responsible for keeping your Listing up-to-date and accurate at all times.
2.3. Listings must not:
Contain inaccurate, fraudulent, false, misleading, or deceptive information, or contain descriptions that are irrelevant to the Experience.
Attempt to impersonate another User, person, or entity.
Contain content that includes another person’s private or confidential information.
Be impolite or disrespectful.
Be created solely for the purpose of advertising or other commercial content
Include company logos or links.
Use titles that contain symbols or emojis.
Offer experiences that would violate these Terms, including the Standards described in Section 7.
3 . Fees; Taxes.
3.1. Yama will charge Guides a percentage of the Price of each Listing (the “Fee”), which shall be deducted from a Participant’s payment for an Experience. Currently, the Fee is 20% of the Price. However, Yama reserves the right to change the Fee at any time and will provide Users notice of any such changes prior to them becoming effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a Fee change you may terminate this agreement pursuant to Section 16.
3.2. You are responsible for determining and fulfilling your obligations under applicable tax laws.
3.3. You may not solicit or collect from Participants any charges, fees, or other amounts outside the Yama Website or additional to the Price.
4 . Contracting with Participants; Modifying or Canceling an Experience; Reviews.
4.1. When you receive a booking confirmation through the Website, you are entering into a contract directly with the Participant. You will be responsible for delivering the Experience specified in your Listing, under these Terms, and under any additional terms provided in your Listing. If you do not publish your additional terms in the Listing, you may not require a Participant to comply with them. Additional terms that you choose to include in the Listing must be consistent with these Terms and will be inapplicable to the extent of any inconsistency.
4.2. A Participant may request to modify an Experience at any time. However, if a Participant requests a modification 48 hours or more prior to the start of an Experience, you must accept the modification unless doing so would result in an increase in cost or an inability to provide the Experience as modified. If you wish to reject the modification for any other reason, please contact Yama.
4.3. A Participant may cancel an Experience at any time. If a Participant cancels 48 hours or more prior to the start of the Experience, they will receive a full refund, after deducting payment processing costs, and you will not receive any portion of the Price. If a Participant cancels less than 48 hours prior to the start of the Experience, they will not be entitled to any refund, and you will receive your portion of the Price.
4.4. You may cancel an Experience 24 hours or more prior to the start of an Experience. In such cases, the Participant will receive a full refund, after deducting payment processing costs, and you will not receive any portion of the Price. If you cancel an Experience less than 24 hours prior to the start of the Experience, the Participant will receive a full refund, after deducting payment processing costs, and you will be assessed a $15.00 cancellation fee and not receive any portion of the Price. If you cancel more than twice in one month for any reason and at any time, Yama may remove your access to and use of the Website as a Guide.
4.5. A Participant may request a refund at any time. If Yama, in its sole discretion, grants a refund, such refund shall be deducted from the portion of the Price to which you are entitled and then, if necessary, from our Fee. You agree to pay Yama the value of a refund within five (5) days of Yama providing notice of such refund. If you do not pay Yama the value of the refund within 5 days of Yama’s provision of such notice, Yama may charge interest on the outstanding amount due at a rate of 1.5% per month or the maximum amount permitted by Applicable Law. Refund requests will be handled according to following:
If you are more than 30 minutes late in arriving or beginning the Experience, or if you cancel the Experience for any reason, the Participant will be entitled to a full refund.
If you provide an Experience that does not match the Listing description or is provided at a poor level, a refund request will be handled on a case-by-case basis subject to Yama’s full discretion.
All other scenarios are handled on a case by case basis.
4.6. We may provide Customers with an opportunity to provide feedback and/or a review/rating of the Experience and Guide. We may publish such feedback either individually or at an aggregate level on the Website. You may dispute any such feedback, review or rating, but Yama will have full discretion in deciding whether or not to publish the feedback, review or rating.
5 . Equipment
You must provide all equipment, including supplies, vehicles, instruments, and other materials (“Equipment”) directly required for the Experience, or describe in the Listing any such Equipment that the Participant must bring to/for the Experience. You are solely responsible for ensuring that all Equipment used in the Experience is in good working order and conforms to all laws or standards, as applicable, pertaining to safety, equipment, inspection, and operational capability, regardless of whether the Equipment is provided by you or the Participant. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
6 . Co-Guiding
You may not allow any third party to provide the Experience on your behalf, but you may have other people assist in providing the Experience if such Co-Guides are described and pictured on the Listing. The Co-Guide must create their own account and agree to these Terms in order to be a Co-Guide.
7. Compliance with Yama Standards
7.1. You agree and represent that you:
are aged 18 or older at the time of agreeing to these Term;
will honor all bookings for your Experience, unless you need to cancel in accordance with Section 4;
will be responsive to communications from prospective Participants, booked Participants, and Yama; and
will prepare properly for each Experience, including assessing any potential unsafe or hazardous conditions that may reasonably arise and how to minimize the likelihood or impact thereof.
7.2. You represent that you will not, either during an Experience, within a Listing, or at any other point:
Engage in or promote any behavior or use any language that is threatening, abusive, bullying, harassing, hateful, or derogatory behavior towards others, regardless of whether or not such behavior or language constitutes a violation of Applicable Law.
Engage in any discriminatory behavior, including dissuading or declining a Participant’s booking or imposing different terms on a Participant, based on a Participant’s race, ethnicity, national origin, religion, sexual orientation, gender identity, marital status, age, or disability. Notwithstanding the prior sentences, you may limit participation in an Experience if (i) doing so is reasonably necessary to ensure the safe participation or provision of the Experience by you and the Participant, or (ii) the limiting factor is inherent in the Experience (for example, a retreat designed for new mothers).
Provide an Experience that involves use or provision of, or participation in, commercial sex work, pornography or other sexual or adult content, including an Experience involving nudity, illicit drugs, strip teasing, or other adult themes (e.g. pole dancing or boudoir photography).
Provide an Experience that involves direct political activities (e.g. campaigning and fundraising).
Provide an Experience that involves a disruptive party or other event. Parties or gatherings are not allowed if they disturb the surrounding area, constitute a nuisance (for example, excessive smoking, littering, or making excessive noise), or make an area unsafe.
Provide an Experience that involves risk of starting an uncontrolled or uncontrollable fire.
Provide an Experience that involves explosive or incendiary devices.
Conduct an Experience that does not comply with State and Federal rules regarding Covid-19.
8. Background Checks and License, Certification and Insurance Requirements
8.1. You agree and acknowledge that Yama may run background (including criminal) checks prior to approving your account or Listing. You agree to pay for any such background checks performed by Yama.
8.2. For certain Experiences, such as unsafe Experiences or Experiences that involve a technically specialized activity or your operation of a vehicle, we may require you to provide us with proof of appropriate qualification, licensure, certification and/or insurance that covers you and any Participants in an amount determined by Yama in our sole discretion. Yama will not publish your Listing 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 account profile;
The documents do not meet our license or insurance requirements, as determined in our sole discretion; or
We cannot process the provided documents for any other reason (e.g. blurry photo or unrecognized document type).
Unsafe Experiences include, without limitation, Experiences that involve:
Animals that are dangerous, illegal, or undomesticated.
Preparing food in an unsanitary environment or food that may reasonably lead to illness.
Carrying or using a firearm or projective or bladed weapon unless (a) it is reasonably necessary for the provision or safety of an Experience, and (b) you give prior notice to the Participant and Yama.
Typically dangerous activities, including activities that involve extreme heights (e.g. bungee jumping, skydiving, heli-skiing), cave diving, certain ocean activities (e.g. free diving, kiteboarding, shark diving), or certain ice or mountain activities (e.g. canyoneering, ice climbing, free soloing).
Yama may, in its sole discretion, refuse to publish you Listing or remove your Listing under this Section 8.
9. Compliance with Applicable Law
9.1 You are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to you, your Listing or Experiences (collectively, “Applicable Laws”). Some jurisdictions require Guides to register, get a permit, or obtain a license before providing certain Experiences (such as guiding tours or operating vehicles). In some places, the Experiences you want to offer may be prohibited. You should check Applicable Laws to learn what rules apply to the Experiences you plan to offer.
9.2. You agree that you will not engage in or promote any violation of Applicable Law (including without limitation, assault, abuse, theft, or vandalism).
9.3 You may receive personal data of Users during your use of the Website and the provision of an Experience. You represent that you will comply with Applicable Laws relating to privacy and the use of such personal data. In particular, you will not share User personal data with anyone who does not have a need to know such information in order for provide the Experience or comply with these Terms or Applicable Law.
9.4 YOU AGREE AND REPRESENT THAT YOU HAVE HAD THE OPPORTUNITY TO INVESTIGATE ANY APPLICABLE LAW AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW MADE BY YAMA. IF YOU HAVE QUESTIONS ABOUT HOW LOCAL LAWS APPLY YOU SHOULD SEEK LEGAL ADVICE. YOU FURTHER REPRESENT THAT YOU WILL COMPLY WITH ALL APPLICABLE LAW AND YOU AGREE AND ACKNOWLEDGE THAT YOU MAY BE LIABLE FOR ANY VIOLATIONS THEREOF.
9.5. You represent that your Listing and provision of an Experience will not breach any agreement you may have with any third party. You agree and acknowledge that you will be responsible for any such breaches.
10. Assumption of Risk.
You understand and acknowledge that providing 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 AND PROVIDING THE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE A PARTICIPANT OR THIRD PARTY, OR FROM DEFECTS IN ANY EQUIPMENT, PREMISES, OR FACILITIES, OR FROM NATURAL OR MANMADE ENVIRONMENTS. YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATING IN AND PROVIDING THE EXPERIENCE.
11. Yama Website.
11.1. The intellectual property rights for the Website and all content on the Website, including any description of Experiences or other content you upload, are the exclusive property of Yama and/or its licensors. You agree that you will not use, 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 Yama content accessed through the Website except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Yama grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and view the content made available on or through the Yama Website and accessible to you, solely for your personal and non-commercial use.
11.2 You must 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.
11.3. You must not do or help or induce others to do any of the following:
Scrape, hack, reverse engineer, compromise or impair the Website.
Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Website.
Decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Website.
Take any action that could damage or adversely affect the performance or proper functioning of the Website.
Use the Website in a manner not authorized by these Terms or another agreement with us.
Use the Website or Users’ personal information to send commercial messages without the recipient’s express consent.
Request, make, or accept a booking or any payment outside of the Website to avoid paying fees, taxes or for any other reason.
Engage in any practices that are intended to manipulate our search algorithm.
Use, copy, display, mirror or frame the Website any Yama branding, page layout or design without our consent.
Drive traffic to other sites or market unrelated products.
Divert payments meant for others.
12. 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.
13. Guide Liability.
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Experiences. If you work with a Co-Guide or provide an Experience as part of a team, business, or other organization, the entity and each individual who participates in providing the Experience is responsible and liable as a Guide under these Terms. By agreeing to these Terms, you represent and warrant that you are authorized to enter into and bind your team, business or other organization to these Terms, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions
14. Yama Limitation of Liability.
Neither Yama (including its affiliates, officers, representatives and personnel) nor any other party involved in creating, producing, or delivering the Yama Website or related services 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 publishing of a Listing or provision of 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 provision of any Experience, exceed the amount paid to you as a Guide 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.
15. 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 interactions with any User or provision of 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 the rights of any User’s or third party’s rights.
16. Termination, Suspension and other Measures.
16.1. 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.
16.2. 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.
16.3. Notwithstanding Section 16.2, Yama may, immediately and without notice, terminate this agreement, suspend or limit your access to or use of the Website, suspend or remove Listings, or cancel pending or confirmed bookings, if you breach these Terms or violate Applicable Laws, or if we reasonably believe that such breach or violation has occurred or is reasonably likely to occur.
16.4. 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.
16.5. 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 Participants will receive a full refund pursuant to Section 4 of these Terms.
16.6. 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.
17.1 If you believe that a User or Listing poses an imminent risk of harm to a person or property, you should immediately contact law enforcement 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. 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.
17.2. Parts of these Terms that by their nature survive termination, will survive termination of these Terms.
17.3. 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.
17.4. 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.
17.5. 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.
17.6. 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.
17.7. 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.
17.8. 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.
17.9. 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.