Thank you for using LandBurro!
When these Terms mention “LandBurro,” “we,” “us,” or “our,” it refers to LandBurro LLC, a Alabama limited liability company, and its subsidiaries and affiliates, the company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your LandBurro Account as determined by either your express selection or by LandBurro’s assessment of your residence using various data attributes associated with your LandBurro Account.
If your Country of Residence is the United States, you are contracting with LandBurro, LLC, an Alabama limited liability Company, located at 600 University Park Place, Suite 501, Birmingham, AL 35209, United States.
TABLE OF CONTENTS
- Scope of LandBurro Services
- Eligibility, Using the LandBurro Platform, Member Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Hosts
- Terms specific for Guests
- Booking Modifications, Cancellations and Refunds, Help Center
- Ratings and Reviews
- Damage to Accommodations, Disputes between Members
- Rounding off, Currency conversion
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
Scope of LandBurro Services
1.1 The LandBurro Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the LandBurro Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use (“Accommodations/b>”), single or multi-day activities in various categories, including a variety of sporting and recreational outdoor activities (“Experiences”), access to unique events and locations and travel and non-travel related services (“Events”).
1.2 As the provider of the LandBurro Platform, LandBurro does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is LandBurro an organizer or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with another Member. LandBurro is not and does not become a party to or other participant in any contractual relationship between Members, nor is LandBurro a real estate broker or insurer. LandBurro is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, LandBurro has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. LandBurro does not endorse any Member, Listing, or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification, or guarantee by LandBurro about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay or access an Accommodation, participate in an Experience or Event, or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by LandBurro of any Host or Listing
1.4 If you choose to use the LandBurro Platform as a Host or Co-Host (as defined below), your relationship with LandBurro is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of LandBurro 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 LandBurro. LandBurro 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 Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the LandBurro Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.6 The LandBurro 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. LandBurro 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 LandBurro of such Third-Party Services.
1.7 Due to the nature of the Internet, LandBurro cannot guarantee the continuous and uninterrupted availability and accessibility of the LandBurro Platform. LandBurro may restrict the availability of the LandBurro 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 LandBurro Platform. LandBurro may improve, enhance, and modify the LandBurro Platform and introduce new LandBurro Services from time to time
Eligibility, Using the LandBurro Platform, Member Verification
2.1 You must be at least of legal age to be able to enter into legally binding contracts to access and use the LandBurro Platform or register a LandBurro Account. By accessing or using the LandBurro Platform you represent and warrant that you are of legal age 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 Host 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 LandBurro may make access to and use of the LandBurro Platform, or certain areas or features of the LandBurro 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 Member’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 Member’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 Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, 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 LandBurro 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 LandBurro 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.
Modification of these Terms
LandBurro 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 LandBurro 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 thirty (30) days before the date they become effective. Except as otherwise set forth in any agreement between you and LandBurro, including but not limited to any Land Commitment Agreement (each a “Supplemental Agreement”), if you disagree with these Terms, you may terminate this Agreement with immediate effect. Otherwise, these Terms may only be terminated in accordance with such Supplemental Agreement, if applicable. We will inform you about your right to terminate the Agreement in the notification email regarding the modification of the Terms. If you do not terminate your Agreement before the date the Terms become effective, your continued access to or use of the LandBurro Platform will constitute acceptance of the Terms.
4.1 You must register an account (“LandBurro Account”) to access and use certain features of the LandBurro Platform, such as publishing or booking a Listing. If you are registering a LandBurro 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 a LandBurro Account using an email address and creating a password. You must provide accurate, current, and complete information during the registration process and keep your LandBurro Account and public LandBurro Account profile page information up to date at all times.
4.3 You may not register more than one (1) LandBurro Account unless LandBurro authorizes you to do so. You may not assign or otherwise transfer your LandBurro Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your LandBurro Account credentials and may not disclose your credentials to any third party. You must immediately notify LandBurro 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 LandBurro Account. You are liable for any and all activities conducted through your LandBurro 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).
4.5 LandBurro may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your LandBurro Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by LandBurro to ask for your credentials, and you shall not request the credentials of another Member.
5.1 LandBurro may, at its sole discretion, enable Members 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 LandBurro Platform (“Member Content”); and (ii) access and view Member Content and any content that LandBurro itself makes available on or through the LandBurro Platform, including proprietary LandBurro content and any content licensed or authorized for use by or through LandBurro from a third party (“LandBurro Content” and together with Member Content, “Collective Content”).
5.2 The LandBurro Platform, LandBurro Content, and Member Content may in their 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 LandBurro Platform and LandBurro Content, including all associated intellectual property rights, are the exclusive property of LandBurro 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 LandBurro Platform, LandBurro Content, or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of LandBurro used on or in connection with the LandBurro Platform and LandBurro Content are trademarks or registered trademarks of LandBurro 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 LandBurro Platform, LandBurro 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 LandBurro Platform or Collective Content, except to the extent you are the legal owner of certain Member 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 LandBurro or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, LandBurro 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 LandBurro 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 Member Content on or through the LandBurro Platform, you grant to LandBurro a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the LandBurro Platform, in any media or platform. Unless you provide specific consent, LandBurro does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 LandBurro may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words “LandBurro.com Verified Photo” or similar wording (“Verified Images”). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the LandBurro Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your LandBurro Account is terminated or suspended for any reason. You acknowledge and agree that LandBurro 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 Listing or otherwise, without further notice or compensation to you. Where LandBurro is not the exclusive owner of Verified Images, by using such Verified Images on or through the LandBurro Platform, you grant to LandBurro 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 Listing or otherwise, without further notice or compensation to you. LandBurro in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the LandBurro Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the LandBurro Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the LandBurro Platform or you have all rights, licenses, consents and releases that are necessary to grant to LandBurro the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or LandBurro’s use of the Member 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 Member 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 any LandBurro policy. LandBurro may, without prior notice, remove or disable access to any Member Content that LandBurro finds to be in violation of these Terms or LandBurro’s then-current Policies or Standards, or otherwise may be harmful or objectionable to LandBurro, its Members, third parties, or property.
5.9 LandBurro respects copyright law and expects its Members to do the same. If you believe that any content on the LandBurro Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6.1 LandBurro may charge fees to Hosts (“ Host Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the LandBurro Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Subject to any separate agreement between LandBurro and another Member, LandBurro reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to LandBurro. The applicable Service Fees (including any applicable Taxes) are collected by LandBurro. LandBurro will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by LandBurro. Except as otherwise provided on the LandBurro Platform, Service Fees are non-refundable.
Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the LandBurro Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by LandBurro. You are responsible for keeping your Listing information (including calendar availability) up to date at all times. The availability of certain Accommodations, Experiences, and Events may vary throughout the calendar year based on federal, state, and local laws, rules, and regulations governing certain sporting and recreational activities. As a Host, you agree to not knowingly allow prohibited activities on your land. You are not responsible for governing the activities of any Guest. Should you become aware that a Guest has violated a law, rule or regulation, you agree to first contact the proper authorities and then let LandBurro know.
7.1.2 You are not responsible for checking, confirming or procuring hunting or fishing licenses for your Guests. However, you agree to not knowingly allow Guests to use your property if you know they do not possess the proper license. Further, if you become aware that your Guest does not have the proper licensure for the activity in which they have rented your property, then you agree to first contact the proper authorities and then let LandBurro know.
7.1.3 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees or other fees applicable to the specific Experience or Event) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request. LandBurro may advise Hosts on establishing and changing Listing Fees and may adjust Listing Fees based on the relative demand or lack thereof related to a Listing. Any adjustments to pricing made by LandBurro will not become effective without Host approval.
7.1.4 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.5 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Host Services. LandBurro reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution. LandBurro reserves the right to use any photo uploaded on its platform for any marketing purpose.
7.1.6 The placement and ranking of Listings in search results on the LandBurro Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.7 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7.1.8 LandBurro requires that Hosts obtain and maintain appropriate insurance for their Host Services at all times at their own cost and expense. 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 Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event, or other Host Service. Hosts must maintain such insurance.
7.1.9 Hosts hereby release LandBurro from all liability or responsibility to the Host or anyone claiming through or under the Host by way of subrogation or otherwise for loss or damage covered by the insurance referenced above, even if such loss or damage shall have been caused by the fault or negligence of LandBurro, or anyone for whom LandBurro may be responsible
7.1.10 Each Host hereby represents and warrants to LandBurro that it has the necessary power, right, and authority to provide the Host Services at the location and on the property where such Host Services are provided and that no order, consent, approval, license, lease, authorization or validation of any other person, entity, governmental authority, or any subdivision thereof, is required to authorize the listing, booking, execution, delivery, provision, or performance of any Host Services provided pursuant to these Terms.
7.1.11 Hosts must use all reasonable efforts and take appropriate steps to notify Guests of any hazards or hazardous conditions that exist at or near the location of the Host Services, which are not expressly included in the scope of such Host Services, and of which the Host is, or should be, aware. Hosts will further ensure that any boundary lines or property lines where the Host Services are provided are properly marked and visible to all Guests and will take such other reasonable precautions necessary to limit trespassing onto another person’s or entity’s property which is not a part of the Host Services.
7.1.12 Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some municipalities and/or jurisdictions have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In some municipalities and/or jurisdictions, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Hosts are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on LandBurro, you should always seek legal guidance.
7.2 Listing Amenities and Accommodations
7.2.1 Unless expressly allowed by LandBurro, you may not agree to rent the same property to two separate groups at one time, unless you are providing an experience, in which your listing explicitly and clearly states multiple parties may join.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit”). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the LandBurro Platform. LandBurro will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but LandBurro is not responsible for administering or accepting any claims by Hosts related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations), (iii) make all reasonable efforts to inform Guests of applicable property boundaries and advise the Guests against trespassing onto any property which is not a part of the Listing. As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
7.3 Listing Experiences, Events and other Host Services Hosts who list Experiences, Events and Host Services other than Accommodations agree to and are subject to the following Experience, Event, and other Host Services terms:
7.3.1 To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to LandBurro. Experiences, Events or other Host Services must at all times meet certain quality standards for experiences LandBurro reserves the right to decide, in its sole discretion, whether a submitted Experience, Event, or other Host Service will be published on the LandBurro Platform. Once published, an Experience, Event, or other Host Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision otherwise provided in the Terms.
7.3.2 When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Host 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 Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, applicable property boundaries, no trespassing onto any property which is not a part of the Listing, etc.).
7.3.3 Once your Experience, Event or other Host Service is published on the LandBurro platform, you will have the ability to add dates and times when you offer your Listing through the LandBurro Platform. By making your Experience, Event or other Host Service available for a particular date and time on the LandBurro Platform (an “Instance”), you agree that only people who book through LandBurro can attend that Instance of the Experience, Event, or other Host Service. You further agree that you will not allow people to attend any Instance of your Experience, Event, or other Host Service available on the LandBurro Platform unless that person booked through LandBurro (or was added as an additional Guest for a spot booked through the LandBurro Platform).
7.3.4 Hosts and Co-Hosts alone are responsible for the Experiences, Events, or other Host Services that they submit, list, and provide. LandBurro merely provides the LandBurro Services and is not itself an operator or provider of tours, excursions, hunting, fishing, or other sporting or recreational activities, travel services, Experiences, Events, or other Host Services. LandBurro does not own, sell, resell, furnish, provide, manage, and/or control any such Experiences, Events, or other Host Services. LandBurro’s responsibilities are limited to making the Listings for Experiences, Events, or other Host Services available through the LandBurro Platform.
7.3.5 You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience, Event, or other Host Service. You are solely responsible for ensuring that the Equipment used in your Experience, Event, or other Host 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 Experience, Event, or other Host Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, Event, or other Host Service(s); and (iii) ensuring that your Listing and/or Hosting of an Experience, Event, or other Host Service(s) will not breach any agreement you may have with any third party.
7.3.7 You must provide your Experience, Event, or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by LandBurro. Section 7.4 of the Terms provides additional terms regarding co-hosting.
7.3.8 If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
7.3.9 We reserve the right to update, modify or discontinue these Terms at any time. If we modify the Terms, we will give you notice and post the modification on the LandBurro Site, Application, or Services. By continuing to access or use the Services after the modified Terms become effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.
7.3.10 If you or we terminate the Terms, the clauses of these Terms that reasonably should survive termination of the Experience Host Terms will remain in effect. When the Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.
Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by LandBurro and/or the Host, you may book a Listing available on the LandBurro Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your LandBurro Account.
8.1.2 Upon receipt of a booking confirmation from LandBurro, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. LandBurro will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest 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 Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation, and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host and as deemed appropriate by LandBurro, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional fee, as determined by LandBurro in its reasonable discretion, to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize LandBurro to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3 Booking Experiences, Events and other Host Services
8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age or wild game harvesting restrictions, in the location of the Experience, Event or other Host 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 Experience, Event or other Host Service.
8.3.2 Before and during an Experience, Event, or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 Before and during an Experience, Event, or other Host Service you must at all times use your best efforts to make yourself aware of the property boundaries designated for such Experience, Event, or other Host Service and at all times adhere to the property boundaries.
8.3.3 Hosts may specify the amount of Guests they will allow on their property for that specific Experience, Event, or other Host Service. You are not allowed to bring more people onto the property than the Host has specified, unless the Host has agreed to the addition in writing, prior to the onset of the Experience, Event or other Host Service.
Booking Modifications, Cancellations and Refunds, Help Center
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the LandBurro Platform or direct LandBurro customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and LandBurro will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by LandBurro pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation, barring any extenuating circumstances. In some instances, LandBurro may allow the Guest to apply the refund to a new booking, in which case LandBurro will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, LandBurro may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, LandBurro may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to LandBurro’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events, and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, LandBurro will work with the Host and/or Guests to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, LandBurro 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 (i) where LandBurro believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to LandBurro, other Members, third parties, or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, LandBurro may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 If, as a Host, your Guest cancels a confirmed booking or LandBurro decides that it is necessary to cancel a confirmed booking, and LandBurro issues a refund to the Guest, you agree that in the event you have already been paid, LandBurro 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, Members may contact the Help Center via email at info@LandBurro.com to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts in connection with your LandBurro Account, and LandBurro will handle all such payments.
Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of LandBurro. Ratings and Reviews are not verified by LandBurro for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with all local laws and regulations. LandBurro reserves the right to remove any reviews at any time for any reason.
10.3 Members 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 Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the LandBurro Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time, and other information.
Damage to Accommodations; Disputes between Members
11.1 As a Guest, you are responsible for leaving the location of the Accommodation, Experience, Event, or other Host Services (including any personal or other property located at the Accommodation, Experience, Event, or other Host Services) in the condition it was in when you arrived. 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 Accommodation, Experience, Event, or other Host Services, excluding the Host (and the individuals the Host invites to the Accommodation, Experience, Event, or other Host Services, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation, Experience, Event, or other Host Services (“Damage Claim”), the Host can seek payment from you through the Help Center via email at info@LandBurro.com. If a Host escalates a Damage Claim to LandBurro, you will be given an opportunity to respond. If you agree to pay the Host, or LandBurro determines in its sole discretion that you are responsible for the Damage Claim, LandBurro will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. LandBurro also reserves the right to otherwise collect payment from you and pursue any remedies available to LandBurro in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the LandBurro Host Guarantee.
11.3 Members agree to cooperate with and assist LandBurro in good faith, and to provide LandBurro with such information and take such actions as may be reasonably requested by LandBurro, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation, Experience, Event, or other Host Services (including, without limitation, payment requests made under the LandBurro Host Guarantee), (ii) Experiences, (iii) Co-Host agreements, or (iv) a Group Payment Booking. A Member shall, upon LandBurro’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by LandBurro or a third party selected by LandBurro or its insurer, with respect to losses for which a Member is requesting payment from LandBurro (including but not limited to payments under the LandBurro Host Guarantee).
11.4 If you are a Guest or a Co-Host, you understand and agree that LandBurro may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation or the personal or other property located at an Accommodation, Experience, Event, or other Host Services) of the Host (including without limitation amounts paid by LandBurro under the LandBurro Host Guarantee). You agree to cooperate with and assist LandBurro in good faith, and to provide LandBurro with such information as may be reasonably requested by LandBurro, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as LandBurro may reasonably request to assist LandBurro in accomplishing the foregoing.
LandBurro generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where LandBurro’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, LandBurro may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts 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, LandBurro may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a Host, you are solely responsible for determining your obligations to report, collect, remit, or include in your Listing 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 Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host 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.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Accommodation, Experience, Event, or other Host Services are located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes”).
13.4 In certain jurisdictions, LandBurro may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms (“Collection and Remittance”) if such jurisdiction asserts LandBurro or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize LandBurro to collect Occupancy Taxes from Guests on the Host’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by LandBurro will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where LandBurro is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by LandBurro relating to their Accommodation, Experience, Event, or other Host Services in that jurisdiction.
13.5 You agree that any claim or cause of action relating to LandBurro’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by LandBurro in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by LandBurro from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 LandBurro reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason, at which point, Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations, Experiences, Events, or other Host Services in that jurisdiction.
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 LandBurro Platform. In connection with your use of the LandBurro Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies, or Standards;
- use the LandBurro Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies LandBurro endorsement, partnership or otherwise misleads others as to your affiliation with LandBurro;
- use the LandBurro Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Host, any Accommodation, Experience, Event, or other Host Services that you do not yourself own or have permission to make available as a residential or other property through the LandBurro Platform;
- unless LandBurro explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the LandBurro Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the LandBurro Platform to request, make or accept a booking independent of the LandBurro Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the LandBurro Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold LandBurro harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the LandBurro Platform or Collective Content, or any individual element within the LandBurro Platform, LandBurro’s name, any LandBurro trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the LandBurro Platform, without LandBurro’s express written consent;
- dilute, tarnish or otherwise harm the LandBurro brand in any way, including through the unauthorized use of Collective Content, registering and/or using LandBurro or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to LandBurro domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the LandBurro Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by LandBurro or any of LandBurro’s providers or any other third party to protect the LandBurro Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LandBurro Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the LandBurro Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that LandBurro has no obligation to monitor the access to or use of the LandBurro Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the LandBurro Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ 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 Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist LandBurro in good faith, and to provide LandBurro with such information and take such actions as may be reasonably requested by LandBurro with respect to any investigation undertaken by LandBurro or a representative of LandBurro regarding the use or abuse of the LandBurro Platform.
14.3 If you feel that any Member 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 LandBurro 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).
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 LandBurro terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your LandBurro Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your LandBurro Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Unless your Country of Residence is the United States, without limiting our rights specified below, LandBurro 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 LandBurro may immediately, without notice, terminate this Agreement and/or stop providing access to the LandBurro 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) LandBurro believes in good faith that such action is reasonably necessary to protect the personal safety or property of LandBurro, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, LandBurro 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, (ii) if you have (a) breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (b) provided inaccurate, fraudulent, outdated or incomplete information during the LandBurro Account registration, Listing process or thereafter, (c) repeatedly received poor Ratings or Reviews or LandBurro otherwise becomes aware of or has received complaints about your performance or conduct, (d) repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, (iii) if you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, or (vii) if LandBurro believes in good faith that such action is reasonably necessary to protect the personal safety or property of LandBurro, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the LandBurro Platform;
- temporarily or permanently revoke any special status associated with your LandBurro Account; and/or
- temporarily or in case of severe or repeated offenses permanently suspend your LandBurro Account and stop providing access to the LandBurro Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by LandBurro and an opportunity to resolve the issue to LandBurro’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests 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 LandBurro Account or any of your Member Content. If your access to or use of the LandBurro Platform has been limited or your LandBurro Account has been suspended or this Agreement has been terminated by us, you may not register a new LandBurro Account or access and use the LandBurro Platform through a LandBurro Account of another Member.
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.
If you choose to use the LandBurro Platform or Collective Content, you do so voluntarily and at your sole risk. The LandBurro 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 LandBurro Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by LandBurro relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future.
Acknowledgement of Inherent Risk, Assumption of Risk, Waiver and Release of Liability, and Indemnification Agreement By Guest
You agree that some Experiences, Events, other Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host 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 Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless LandBurro from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
In consideration for being permitted to participate, attend, assist, or in any way be a part of or be involved with any Experience, Event or other Host Service, I hereby acknowledge, agree, and represent:
That shooting sports have inherent risks, hazards and dangers for anyone who may participate, attend, assist, or in any way be a part of or involved with such activity, which cannot be eliminated; and that such risks, hazards and dangers include without limitation: (i) The risk of handling firearms and being near others that have firearms in their possession; (ii) The risk of personal injury including but not limited to loss of hearing, loss of sight, paralysis or death, is ever present; (iii) The risk of using blinds and tree stands, whether or not erected by the Host; (iv) The risk of personal injury of any kind may be a result of ammunition and shots from any firearm whether mine or another’s whether accidental, intentional, or caused by malfunction of the same; andThe risk of further injury during rescue operations.
I have been advised that other persons will be shooting and carrying firearms and I agree to act prudently and carefully to avoid being harmed or causing harm or injury to any other person while at the property.
I certify that I am an adult of the age of 18 years or older and familiar with the use and operation of the firearm used at the Property and familiar with the rules of shooting and firearm safety.
That all activities including any type of fishing, hunting, shooting and riding in off road vehicles are extremely dangerous and requires a certain degree of skill and knowledge and may require good physical conditioning.
That I may experience hazards caused by terrain and/or facilities such as erosion and general conditions of the land, both on and off road ways, creating rough, hazardous and dangerous driving and walking conditions;
That outdoor activities may expose me to cold weather and heat related injuries and illness including but not limited to Frost nip, Frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration;
That possible equipment failure and/or malfunction of equipment which may have been rented, borrowed, or personally owned could cause me harm;
That I will encounter wildlife, animals, plants, poisonous snakes, spiders and insects, any of which may cause harm;
That I may experience illness or injury in remote areas without immediate access to medical facilities;
That hazards related to Hunting/Fishing from a vessel and/or from other fishing sites which include, but not limited to: collision, capsizing, sinking, or other hazards that may result in wetness, injury, exposure to elements, hypothermia, impact of the body upon the water, marine life forms, and/or drowning;
That I understand my sense of balance, physical coordination, and ability to follow instructions is key;
That there may be the implementation of forest management activities including timber harvesting; and that the actions of other people are unpredictable and can cause me harm.
I expressly assume all of the risks associated therewith, whether known or unknown to me at this time. I acknowledge and certify that I am fit to participate in activities at the Farm and have not been advised otherwise by a qualified medical person.
I further acknowledge, agree and certify to release, waive, discharge, and covenant not to sue the owners of the Property or any of their directors, officers, corporate affiliates, vendors, sponsors, volunteers, employees, agents or representatives of any kind (collectively “Releasees”) from responsibility for my accidental physical injury, including death or illness, loss or damage to personal property, or any claim arising from or relating to, my participation at the Farm. This release is also intended to include all claims made by my family, estate, heirs, personal representative or assigns. I further agree to defend and indemnify Releasees from and against any claim brought against them arising out of my negligence or willful misconduct.
I also grant permission the right to use, reproduce, and/or distribute photographs, films, video-tapes, and sound recordings, without compensation or approval rights, for use in materials created for purposes of promoting the activities of the Property.
I have read this Waiver, Release and Indemnification Agreement, have asked and received answers to any questions I had concerning its meaning and have executed it freely, without duress, and in full complete understanding of its legal effect and consequences, and of the fact that it may affect my legal rights.
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.
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 LandBurro Platform and Collective Content, your publishing or booking of any Listing via the LandBurro Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither LandBurro nor any other party involved in creating, producing, or delivering the LandBurro 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 LandBurro Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the LandBurro Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LandBurro 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. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request under the LandBurro Host Guarantee, in no event will LandBurro’s aggregate liability arising out of or in connection with these Terms and your use of the LandBurro Platform including, but not limited to, from your publishing or booking of any Listings via the LandBurro Platform, or from the use of or inability to use the LandBurro Platform or Collective Content and in connection with any Accommodation, Experiences, Event, other Host Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the LandBurro Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by LandBurro to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between LandBurro 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 LandBurro’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.
]You agree to release, defend (at LandBurro’s option), indemnify, and hold LandBurro 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 LandBurro Platform or any LandBurro Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment 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, stay, participation or use, (iv) LandBurro’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
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 LandBurro in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. LandBurro 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 LandBurro’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:
- Claims can be filed with AAA online ( www.adr.org );
- Arbitrators must be neutral, and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and LandBurro 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 LandBurro’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 LandBurro 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 LandBurro Platform, the Host Services, the Group Payment Service, 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 LandBurro agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and LandBurro 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, LandBurro agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Jefferson County, Alabama; (c) in any other location to which you and LandBurro 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 LandBurro agree that LandBurro 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. Both You and LandBurro may be entitled to seek an award of attorney fees and expenses if you or we prevail in arbitration, to the extent provided under applicable law and the AAA rules.
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 LandBurro 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 LandBurro 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 LandBurro 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 LandBurro 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 LandBurro’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 LandBurro 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 LandBurro Platform or terminate your LandBurro Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the LandBurro Platform (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the LandBurro Platform, or directly at email@example.com. 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.
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 Alabama 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 Birmingham, Alabama, Jefferson County, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Birmingham, Alabama, Jefferson County.
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between LandBurro and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LandBurro and you in relation to the access to and use of the LandBurro Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and LandBurro as a result of this Agreement or your use of the LandBurro 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 LandBurro’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 LandBurro’s prior written consent. LandBurro 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 Members permitted or required under this Agreement, will be provided electronically and given by LandBurro via email, LandBurro Platform notification, or messaging service (including SMS). The date of receipt will be deemed the date on which LandBurro transmits the notice.
22.9 If you have any questions about these Terms please email us.