Additional Terms for Event Hosts and Service Vendors

IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN SECTION 19 OF THE Extraqueericular TERMS OF SERVICE APPLIES TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS FOR EVENT HOSTS AND SERVICE VENDORS OR TO YOUR USE OF THE SERVICES.

Last Updated: 24 May 2019

You agree to these Additional Terms for Event Hosts and Service Vendors (“Event Host and Service Vendor Terms”) when you submit a Listing for an Event or other Host Service (excluding a Listing for an Accommodation).

These terms are in addition to the Extraqueericular Terms of Service, and except as explicitly stated, the Extraqueericular Terms of Service apply in full to all Event Hosts and Service Vendors, Event Host and Service Vendor Listings, and Events, or other Host Services. All capitalised terms not defined here have the meaning given to them in the Extraqueericular Terms of Service. Nothing in these Event Host and Service Vendor Terms shall be construed to amend or contradict the Extraqueericular Terms of Service unless explicitly stated. If there is a conflict between the Extraqueericular Terms of Service and the Event Host and Service Vendor Terms, these Event Host and Service Vendor Terms control.

Additional Terms for Listing Events and other Host Services

To list an Event or other Host Service, you must create a Listing and submit the Event or Host Service to Extraqueericular. Extraqueericular reserves the right to decide, in its sole discretion, whether a submitted Event or other Host Service will be published on the Extraqueericular Platform. Once published, an Event or other Host Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the Extraqueericular Terms of Service.

When listing an Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the 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 Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).

Once your Event or other Host Service is published on the Extraqueericular platform, you will have the ability to add dates and times when you offer your through the Extraqueericular Platform. By making your Event or other Host Service available for a particular date and time on the Extraqueericular Platform (an “Instance”), you agree that only people who book through Extraqueericular can attend that Instance of the Event or other Host Service. You further agree that you will not allow people to attend any Instance of your Event or other Host Service available on the Extraqueericular Platform unless that person booked through Extraqueericular (or was added as an additional Guest for a spot booked through the Extraqueericular Platform).

Hosts alone are responsible for the Events or other Host Services that they submit, list and provide. Extraqueericular merely provides the Extraqueericular Services and is not itself an operator or provider of tours, activities, travel services, Events or other Host Services. Extraqueericular does not own, sell, resell, furnish, provide, manage and/or control any such Events or other Host Services. Extraqueericular’s responsibilities are limited to making the Listings for Events or other Host Services available through the Extraqueericular Platform.

You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Event or other Host Service. You are solely responsible for ensuring that the Equipment used in your 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.

Additional Event Host and Service Vendor Responsibilities

You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Event or other Host Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Event or other Host Service(s); and (iii) ensuring that your Listing and/or Hosting of an Event, or other Host Service(s) will not breach any agreement you may have with any third party.

You must provide your Event or other Host Service in person and may not allow any third party to provide the Event or other Host Service on your behalf, unless authorized by Extraqueericular. Section 7.4 of the Extraqueericular Terms of Service provides additional terms regarding co-hosting.

Severability

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.

Updates to these Event Host and Service Vendor Terms

We reserve the right to update, modify or discontinue the Event Host and Service Vendor Terms, at any time. If we modify the Event Host and Service Vendor Terms, we will give you notice and post the modification on the Extraqueericular Site, Application, or Services. By continuing to access or use the Services after the modified Event Host and Service Vendor Terms becomes 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.

Survival

Unless you reside in Germany, if you or we terminate the Event Host and Service Vendor Terms, the clauses of these Event Host and Service Vendor Terms that reasonably should survive termination of the Event Host and Service Vendor Terms will remain in effect. When the Event Hosts and Service Vendors Host Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.