Experience Host Terms
Last Updated: June 14, 2021
IF YOU RESIDE IN, OR THE ORGANIZATION YOU ARE ACTING FOR IS ESTABLISHED IN, THE UNITED STATES, PLEASE NOTE: THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN THE MUNCHY TERMS OF SERVICE APPLY TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS FOR HOSTS.
You agree to these Terms for munchy Experience Hosts ("Experience Host Terms") when you submit a Listing for an Experience on the munchy Platform.
These Experience Host Terms supplement the munchy Terms of Service ("Terms") and the munchy Payments Terms of Service ("Payments Terms"), and, except as explicitly stated herein, the Terms and Payments Terms apply in full to all Experience Hosts, Experience Listings, and Experiences. All capitalized terms not defined here have the meaning given to them in the Terms. Nothing in these Experience Host Terms shall be construed to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and the Experience Host Terms, these Experience Host Terms control to the extent of the conflict.
1. Listing an Experience
To list an Experience, you must create a listing and submit the Experience to munchy. Experiences must at all times meet the standards and requirements for Experiences. When listing an Experience you must, where applicable, fully educate and inform Guests about (i) any risks inherent or incidental to the Experience, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Experience (including dress codes, equipment, special certifications or licenses, etc.). munchy reserves the right to decide, in its sole discretion, whether a submitted Experience will be published on the munchy Platform.
2. Hosting munchy Guests
Once your Experience is published on the munchy Platform, you will have the ability to add dates and times when you offer your Experience through the munchy Platform. By making your Experience available on the munchy Platform, you agree that only people who book through munchy can attend that particular instance of the Experience.
3. Social Impact Experiences
If you wish to provide an Experience that benefits a social impact organization, you and the benefitting organization must comply with the social impact Experience eligibility requirements. When listing a social impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of the benefitting organization and (ii) acknowledge and agree that all payouts will be directed to an account owned by the benefitting organization unless the benefitting organization has obtained authorization from munchy as outlined in the social impact Experience eligibility requirements. You and the benefitting organization acknowledge that listing a social impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with munchy, and munchy is not a professional fundraiser or commercial participator. If the benefitting organization is a nonprofit, the nonprofit, and not munchy, is responsible for determining what, if any, portion of its total price is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and the benefitting organization are solely responsible for complying with all laws that apply to the organization and your social impact Experience.
4. Equipment. You are responsible for providing all equipment, including supplies, vehicles, venues and other materials ("Equipment") necessary to host your Experience. You are solely responsible for ensuring that the Equipment used in your Experience 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.
5. Additional Experience Host Responsibilities
You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience; and (iii) ensuring that your Listing and/or Hosting of an Experience will not breach any agreement you may have with any third party.
As a Host, you may terminate this agreement at any time by sending us an email or by removing all of your Experiences from the munchy Platform. munchy may terminate this agreement immediately and without notice and stop providing access to the munchy Platform if you materially breach this agreement and/or our other Terms or Policies, you violate applicable laws, or we reasonably believe termination is advisable to protect munchy, its Members or third parties. If your Experience listing has been inactive for 120 or more days, we may remove it from munchy. If you reside in the United States, or the organization you are acting for is established in the United States, the language in this Section 6 supersedes Section 13.2 of the Terms with respect to all activities related to Hosting an Experience.
7. Hosting as a Team or Organization
You must provide your Experience in person and may not allow any third party to provide the Experience on your behalf, unless authorized by munchy. Any member of a team, business, or organization that interacts with Guests must be added to an Experience via the method designated by the munchy Platform.
We may require that you obtain your own insurance in order to publish an Experience on the munchy Platform. In such cases, you agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Experience with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on your Experience. You agree to cooperate with munchy to verify such insurance coverage. In the event that munchy has obtained its own liability insurance that covers your Experiences, your insurance will be the primary source of coverage and munchy's insurance will operate as excess or secondary insurance for any amounts exceeding your coverage. Our procurement of such secondary insurance coverage does not relieve you of your obligation to obtain insurance in amounts required by us.
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.
10. Modifications to these Experience Host Terms
munchy reserves the right to modify these Experience Host Terms at any time in accordance with Section 14 of the Terms.