Terms of Service — Fresh Rec

1. Acceptance of Terms

By accessing or using the Fresh Rec mobile application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

Fresh Rec, Inc. reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service with a new effective date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

2. Eligibility

To use the Service, you must:

Be at least 18 years of age, or have parental/guardian consent if you are between 13 and 17 years old
Have the legal capacity to enter into a binding agreement
Not be prohibited from using the Service under applicable law
Provide accurate and complete registration information

Parents or guardians who register minor participants assume full responsibility for their participation and must sign all required waivers on their behalf.

3. Account Registration

Account Creation: You must create an account to access certain features of the Service. You agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password secure and confidential
Notify us immediately of any unauthorized access

Account Responsibility: You are responsible for all activities that occur under your account. Fresh Rec is not liable for any loss or damage arising from unauthorized use of your account.

4. The Service

Fresh Rec provides a platform connecting outdoor activity guides ("Guides") with participants ("Participants") for recreational activities including but not limited to hiking, biking, kayaking, skiing, and other outdoor pursuits.

Role of Fresh Rec: Fresh Rec is a platform provider and does not:

Employ or control Guides
Guarantee the quality, safety, or legality of activities
Endorse any Guide or activity
Assume responsibility for interactions between users

5. Bookings and Payments

Booking Activities: When you book an activity through the Service, you agree to the activity's specific terms, including date, time, location, and requirements.

Pricing and Fees:

Activity prices are set by Guides and displayed at the time of booking
Fresh Rec charges a service fee (currently 15% of the activity price)
All prices are in U.S. dollars unless otherwise specified

Cancellation and Refunds: Cancellation policies are set by individual Guides. Fresh Rec service fees may be non-refundable. Refunds, if applicable, will be processed within 5-10 business days.

6. User Conduct

Prohibited Activities: You agree not to:

Violate any applicable law or regulation
Infringe on the rights of others
Post false, misleading, or defamatory content
Harass, threaten, or harm other users
Use the Service for any illegal or unauthorized purpose
Attempt to gain unauthorized access to the Service
Interfere with the proper functioning of the Service

7. Liability Waiver and Assumption of Risk

You acknowledge that outdoor recreational activities involve inherent risks, including but not limited to physical injury or death, property damage, exposure to weather conditions, wildlife encounters, and equipment failure.

Before participating in any activity, you must sign our Liability Waiver and Release Agreement. By signing, you acknowledge the inherent risks, assume responsibility for your participation, and release Fresh Rec and Guides from liability for ordinary negligence.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRESH REC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by Fresh Rec and are protected by copyright, trademark, and other intellectual property laws.

You retain ownership of content you post but grant Fresh Rec a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with the Service.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

10. Dispute Resolution

Governing Law: These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles.

Arbitration: Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Marin County, California.

Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

11. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in the app.

We may suspend or terminate your account at any time, with or without cause, for reasons including violation of these Terms, fraudulent or illegal activity, or conduct harmful to other users.

Upon termination, your right to use the Service ceases immediately.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF CONTENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

FRESH REC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED.

13. Contact Information

For questions about these Terms, please contact us:

Fresh Rec, Inc.
Mill Valley, CA 94941
Email: legal@freshrec.com