User Terms of Service
Last Updated: July 8, 2021
These Terms of Service (“Terms”) are a binding legal agreement between you and munchy LLC that govern your use of the websites, applications, and other offerings from munchy LLC (collectively, the “munchy Platform”). When used in these Terms, “munchy,” “we,” “us,” or “our” refers to the munchy LLC entity with whom you are contracting.
The munchy Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer activities, excursions, and events (“Experiences”). You must register an account to access and use many features of the munchy Platform, and must keep your account information accurate.
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Your relationship with munchy
By using our Platform, you are agreeing to our Terms of Service.
If you break the rules, we may suspend or terminate your account.
1. User Release and Waiver
In order to participate in an Experience, your Host(s) require(s) you to accept this Guest Release and Waiver, which is effective between you and your Host(s) as of the date when you first book or participate in an Experience, whichever happens first. All terms not defined here have the meaning given them in the munchy Terms and Policies and/or the Additional Terms for munchy Experience Hosts.
You represent that you are 21 years of age or older and that you are physically present in one of the US states where adult use of cannabis has been legalized. If you are booking an Experience on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book is 21 years of age or older, physically present in one of the US states where adult use of cannabis has been legalized, and has read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to "you" was a reference to him/her.
1.1 Assumption of Risks
You understand and acknowledge that the Experience(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH EXPERIENCE, INCLUDING EACH EXPERIENCE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE HOST OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EXPERIENCE.
1.2 Release and Waiver
You acknowledge and agree that:
You have reasonably assessed the risks involved in the Experience(s) and have made an informed and voluntary choice to participate.
You alone, and not your Host(s), are responsible for determining your fitness for participating in the Experience(s) and your ability to fully understand any directions or warnings presented.
You alone, and not your Host(s), are responsible for the legal purchase and consumption of cannabis prior to or during the Experience(s) and your ability to fully understand the risks and warnings presented with consuming cannabis products.
While the Host(s) can provide recommendations on certain cannabis products and dosages for participating in the Experience(s), you alone, and not your Host(s), are responsible for the choice and safe consumption of cannabis products and dosages.
You will not participate in any Experience(s) when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Experience(s).
You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Experience(s). If you notice any hazard during an Experience, you will stop participating in the Experience immediately.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR HOST(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EXPERIENCE(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
You intend this Guest Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.
1.3 Disclaimer of Cannabis
MUNCHY IS NOT A MEDICAL CANNABIS COLLECTIVE OR COOPERATIVE ("DISPENSARY") AND DOES NOT PROVIDE ANY CANNABIS PRODUCTS OR SERVICES TO MEDICAL, RECREATIONAL CANNABIS USERS. MUNCHY DOES NOT PROVIDE OR SELL CANNABIS TO ITS GUESTS. IT IS THE SOLE RESPONSIBILITY OF THE HOST(S) TO COMPLY WITH STATE AND LOCAL CANNABIS LAWS AND REGULATIONS IF THE HOST(S) CHOOSES TO ADMINISTER OR SELL CANNABIS OR CANNABIS RELATED PRODUCTS.
1.4 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTS PROVIDE THE EXPERIENCE(S) “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
You agree that if, despite this Guest Release and Waiver, you or anyone on your behalf make a claim against the Host(s) relating to an Experience, you will indemnify and hold the Host(s) harmless from any liability, demand, loss, damage, or costs which the Host(s) may incur as the result of such claim.
You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.
1.6 Limitation of Liability
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2. Fulfillment Policy
The following policy is designed to ensure your satisfaction and understanding of the purchase process on our munchy platform.
All ticket prices for experiences that occur in the United States are stated in U.S. Dollars.
2.2 Payment Methods
We accept several methods of payment to accommodate your needs, including American Express, Visa, MasterCard, Discover, ChinaUnionPay, Jcb, Diners, Cartes Bancaires, Electron, and Maestro.
2.3 Who You Are Buying From
We generally sell tickets on behalf of the Host or Event Organizer, though, in some instances, we may be the Host or Event Organizer ourselves. When you purchase a ticket for an event that is located in the United States, munchy will be handling the transaction and collecting payment for the Host or Event Organizer.
2.4 Order Confirmation and Processing
Your order is confirmed when we send you a confirmation, in the form of a confirmation page or email. If you do not receive an Order Confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your account whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
2.5 Service Fees, Order Processing Fees, Taxes, and Shipping Charges
Tickets purchased on our Site are typically subject to, among other possible fees, a per ticket service fee and a per order processing fee. If required by state and local laws, we collect tax and may display the tax separately or include it in the total service fee amount. If shipping or delivery is required, any shipping or delivery charges are calculated based on delivery location and shipping method.
2.6 Ticket Transfer
We currently do not allow ticket transfers.
2.7 Account, Order, and Billing Information Verification
All information on accounts and orders must be valid and are subject to verification. Orders are subject to credit card approval, and are processed only after the billing address associated with your credit card and other billing information have been verified. Orders that are placed, or attempted to be placed, using an account with any information that is found to be false, misleading, incorrect, or incomplete, or that cannot be verified as belonging to the account holder—such as name, address, email address, phone number, IP address, or other account or billing information—are subject to cancelation, at any time. Furthermore, if your order is canceled for any of the foregoing reasons, we may sell your tickets to another customer without further notice.
2.8 Unlawful Resale of Tickets; Promotions
Unlawful resale (or attempted unlawful resale) of tickets, including but not limited to counterfeit or copy of tickets, is grounds for seizure and cancelation without compensation. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or to have been, in violation of our policies. Tickets may not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorization is given by us.
3. Cancellation and Rescheduling Policy
Unless specified otherwise by Host, our standard cancellation policy is that you can get a full refund for any experience if you cancel at least 7 days before the experience is scheduled to start, or within 24 hours of purchasing the experience.
If you want to reschedule the date and time of your experience (or change the number of guests), you can do that within 24 hours of booking, and up to 72 hours before the experience starts.
4. Guest Refund Policy
This Guest Refund Policy governs munchy’s policy for Guest refunds and the Host obligations associated with this Policy. It applies in addition to munchy’s Terms of Service and munchy’s Experience Host Terms and is available to Guests who book an Experience through the munchy Platform and suffer an Attendance Issue.
All capitalized terms shall have the meaning set forth in the munchy Terms or Payments Terms unless otherwise defined in this Guest Refund Policy.
By using the munchy Platform as an Experience Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.
4.1 Eligible Attendance Issues and Refund Policy
The following situations are “Attendance Issues” that are eligible for a refund under the Experiences Guest Refund Policy:
The Host fails to carry out the booked Experience or arrives more than 15 minutes past the stated start time, causing the Guest to abandon the Experience.
The Host makes significant changes to the Experience after booking.
For Experiences that take place online, the Guest cannot attend or a Host cannot lead the Experience because of technical difficulties, including audio or visual issues.
4.2 General Provisions
This Experiences Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Experiences Guest Refund Policy. The benefits provided under this Experiences Guest Refund Policy are not assignable or transferable by a Guest.
All determinations of munchy with respect to the Experiences Guest Refund Policy shall be at munchy’s discretion, and final and binding on the Guests and Hosts.
munchy reserves the right to modify or terminate this Experiences Guest Refund Policy, at any time, in its sole discretion. If munchy modifies this Experiences Guest Refund Policy, we will post the modification on the munchy Platform or provide you with notice of the modification.