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Terms of Service for MOUNTAIN ISLAND

 

Welcome to MOUNTAIN ISLAND! These Terms of Service ("Terms") govern your access to and use of the Mountain Island Lake Cruises, LLC, DBA MOUNTAIN ISLAND platform ("Service"), which connects Hosts and Guests for water-based entertainment experiences. By accessing or using our Service, you agree to comply with these Terms. If you do not agree with any part of these Terms, you must not use our Service.

 

1. Definitions

"Service"** refers to the MOUNTAIN ISLAND platform, including our website and mobile application.

"Host"** refers to an individual or entity that offers water-based entertainment experiences for Guests through the Service.

"Guest"** refers to an individual who books or participates in water-based entertainment experiences offered by Hosts.

"Booking"** refers to the reservation made by a Guest for a water-based experience provided by a Host.

 

2. Eligibility

To use our Service, you must be at least 18 years old or have the consent of a parent or guardian. Dependent or minor tickets can be purchased under the profile of a legal guardian or parent, who agrees to be responsible for the minor’s conduct and compliance with these Terms. By using the Service, you represent that you meet these requirements.

 

3. Account Registration

To access certain features of the Service, you may need to create an account. You agree to:

 

Provide accurate, current, and complete information during registration.

Maintain the security of your password and accept all risks of unauthorized access to your account.

Notify us immediately of any unauthorized use of your account.

 

4. Guest Responsibilities

Guests are responsible for:

 

Adhering to all rules and guidelines established by Hosts.

Arriving on time for booked experiences.

Treating Hosts and their property with respect.

Paying the full amount due for reservations at the time of booking.

Canceling reservations at least 7 days prior to the scheduled experience for a refund, in accordance with the cancellation policy.

Immediately notifying MOUNTAIN ISLAND of any issues or concerns related to their experience or safety.

 

5. Host Responsibilities

Hosts are responsible for:

 

Providing accurate and complete descriptions of their experiences.

Ensuring the safety and compliance of their equipment and activities.

Communicating with Guests in a timely and professional manner.

Maintaining comprehensive commercial liability insurance, including coverage for bodily injury and property damage, and providing proof of insurance upon request.

Holding all necessary licenses, permits, and certifications required by law.

Immediately notifying MOUNTAIN ISLAND of any changes to their compliance status, including insurance, licensing, or other legal requirements.

Adhering to all environmental laws and regulations.

Indemnifying and holding harmless the platform from claims arising from their services, safety, licensing, environmental practices, or other activities.

 

6. Booking and Payment

All bookings made through the Service are subject to the following terms:

  Guests are required to pay the total amount due for the experience at the time of booking to secure their reservation.

  Payments for experience bookings are processed through the platform’s integrated payment system.

  Payments can be made via Stripe, our trusted payment partner.

  For more information about Stripe, visit https://stripe.com.

  Once the payment is completed, the booking is confirmed, and the Guest will receive a confirmation notification.

 

7. Cancellation and Inclement Weather Policy

 

Cancellation Policy:

Guests must cancel a reservation at least 7 days prior to the scheduled booking for a refund. The cancellation policy is as follows:

 

Cancellation Fee:** If a Guest cancels at least 7 days before the booking, a cancellation fee of 3% of the total net booking amount will be deducted from the refund.

No Refund:** Cancellations within 7 days of the scheduled booking are not eligible for a refund.

 

Inclement Weather Policy:

In the event of inclement weather that prevents the safe or scheduled operation of the experience, the following options are available:

 

Rescheduling via App Credit:**

  Guests will receive a credit within the app to reschedule their experience at a later date.

  Credits can be used for the same or a different experience of the Guest’s choosing, subject to availability.

  Credits will be applied to the Guest’s account within the app and will remain active until used.

 

Credit Overages and Shortfalls:**

  If the value of the rescheduled experience exceeds the available credit, the Guest will be responsible for paying the difference before the experience can proceed.

  If the credit balance exceeds the cost of the new experience, the remaining credit will stay on the Guest’s app account for future use.

  Shortages or additional charges must be paid by the Guest at the time of rescheduling or prior to the experience.

 

Support for Rescheduling:**

  Guests can initiate rescheduling through the app at their convenience. The platform will facilitate the process and ensure credits are applied appropriately.

 

Note:

Rescheduling and credits are only applicable in cases where weather conditions or safety concerns make the original experience impossible or unsafe to conduct.

MOUNTAIN ISLAND reserves the right to determine weather-related cancellations based on safety advisories and operational considerations.

 

8. Payment Distribution for Hosts

 

MOUNTAIN ISLAND will distribute payments to Hosts every Tuesday for services rendered during the previous week. Payments are made via direct deposit and are facilitated through a partnership with Stripe. The payment process:

 

Is based on the total earned, minus applicable fees.

Deducts a 10% Platform Fee and a 3% Service Fee. 

Hosts receive their net payment after deductions via the direct deposit process facilitated by Stripe. 

 

9. Liability, Indemnification, and Host Responsibilities

 

9.1 Host Indemnification and Waiver of Liability

Hosts acknowledge and agree that they are solely responsible for the safety, legality, and compliance of the activities and services they provide. Hosts hereby indemnify, defend, and hold harmless MOUNTAIN ISLAND, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of, or related to, the services provided by the Host, including but not limited to safety incidents, licensing or permitting issues, environmental concerns, or regulatory violations. Hosts expressly waive any claims against MOUNTAIN ISLAND for damages or injuries caused by their services or activities.

 

9.2 Host Responsibility to Provide Information

Hosts agree to promptly provide any information, documentation, or updates requested by the MOUNTAIN ISLAND verification (MIV) team or verification tools. This includes, but is not limited to, proof of insurance, licenses, permits, certifications, or any other compliance-related documentation.

 

9.3 Adherence to Regulatory and Industry Requirements

Hosts are legally bound to adhere to all applicable local, state, federal, and industry-specific regulations, licensing, permits, and safety standards relevant to the activities they provide. It is the Host's responsibility to stay current with these requirements and ensure ongoing compliance.

 

9.4 Notification of Changes to Compliance Profile

If there are any changes to the Host’s compliance profile—such as updates to licensing, insurance, permits, or other legal requirements—Hosts are obligated to notify MOUNTAIN ISLAND immediately. Hosts must also inform Guests/Guests of any changes that could impact their ability to safely or legally provide services, particularly if such changes could affect the Guest’s experience or safety.

 

9.5 Impact of Non-Compliance

Failure to comply with these responsibilities, including failure to notify MOUNTAIN ISLAND or Guests of compliance changes, may result in suspension, removal from the platform, or legal action. MOUNTAIN ISLAND reserves the right to suspend or revoke Host access if the Host fails to meet regulatory standards or provide requested information.

 

9.6 Mountain Island Platform Liability and Host Acknowledgment

 

a. Platform as a Connecting Technology:

Mountain Island functions solely as a technology platform that connects hosts and guests based on shared interests. It does not act as a provider of experiences, services, or activities, nor does it assume responsibility for the conduct, safety, or legality of any host or guest.

 

b. Host Responsibility and Verification:

Hosts on Mountain Island are verified professionals and legal commercial entities responsible for ensuring their offerings comply with all applicable laws, safety standards, and regulations. Hosts acknowledge that Mountain Island’s role is limited to providing the infrastructure for connection and communication.

 

c. Limitation of Liability:

Mountain Island shall not be liable for any damages, injuries, losses, or claims arising out of or related to host-provided experiences, including but not limited to incidents caused by natural disasters, inclement weather, or other unforeseen events. Guests participate in experiences at their own risk, and Mountain Island disclaims any liability for such incidents or damages.

 

d. Waiver of Claims:

Guests agree to waive, release, and hold harmless Mountain Island, its officers, directors, employees, and agents from any claims or liabilities resulting from participation in host-related activities, including injuries, damages, or losses caused by circumstances beyond Mountain Island’s control.

 

e. Indemnification:

Hosts agree to indemnify and hold harmless Mountain Island from any claims, damages, or liabilities arising from their activities, including those related to safety, legal compliance, or third-party injuries or damages.

 

f. No Liability for External Factors:

Mountain Island shall not be responsible for injuries, damages, or losses caused by natural disasters, extreme weather, or other external factors affecting the safety or viability of the experience. It is the guest’s responsibility to assess risks and follow safety guidelines provided by the host.

 

 

9.7 Guest Acknowledgment, Assumption of Risk, and Release of Mountain Island

 

a. Water-Based Entertainment Risks:

Guests acknowledge that water-based activities and entertainment inherently carry certain risks, including but not limited to drowning, slips, falls, injuries from equipment, or other unforeseen hazards. Guests understand that participation in water-related experiences is at their own risk.

 

b. Assumption of Risk:

Guests voluntarily assume all risks associated with water-based activities, including natural conditions, weather, and equipment use. Guests agree to follow all safety instructions, guidelines, and recommendations provided by the host and Mountain Island, and to participate responsibly.

 

c. Release of Liability:

Guests hereby release, waive, and hold harmless Mountain Island, its officers, directors, employees, and agents from any claims, damages, injuries, or losses arising out of or related to water-based activities, including those caused by natural disasters, inclement weather, equipment failure, or other external factors beyond Mountain Island’s control.

 

d. No Responsibility for External Factors:

Mountain Island shall not be responsible for injuries or damages resulting from natural conditions, weather events, or other external influences affecting water-based experiences. Guests acknowledge that water activities can be unpredictable and agree to participate only if they are physically capable and comfortable with the inherent risks.

 

e. Responsibility to Follow Safety Guidelines:

Guests agree to adhere strictly to all safety protocols, instructions, and guidelines provided by the host and Mountain Island. Failure to do so may result in removal from the activity without refund, and Mountain Island shall not be liable for injuries resulting from non-compliance.

 

10. Media Release and Usage Rights

 

Media Release and Usage Rights:

By using the MOUNTAIN ISLAND Service, you expressly grant MOUNTAIN ISLAND, its affiliates, partners, and assigns, the indefinite, worldwide, royalty-free, and irrevocable right to capture, use, reproduce, distribute, display, and display publicly any photography, videography, still images, or likenesses of you, your voice, or your participation in experiences that are recorded or captured through the platform or during experiences facilitated by the platform (“Media”). This includes, but is not limited to:

 

Use in advertisements, promotional campaigns, social media, websites, and other marketing channels.

Creation of derivative works or edited versions of the Media.

Ownership of all rights, title, and interest in the Media, including the right to sublicense, transfer, or assign the rights to third parties.

 

You waive any rights to inspect or approve the finished Media or its use, and you agree that no compensation or further approval will be owed to you for the use of such Media. You hereby release MOUNTAIN ISLAND from any claims, rights, or royalties arising from or relating to the use of the Media.

 

This authorization shall remain in effect indefinitely and shall apply to all current and future uses of the Media, in any format or medium, whether now known or hereafter developed. 
 

11. Non-Disclosure and Confidentiality

Data Protection and Data Stewardship Clause

The Mountain Island Host acknowledges and agrees that it is their primary responsibility to take all necessary and appropriate precautions to protect and safeguard Guest/User data. Good data stewardship includes, but is not limited to, implementing reasonable technical and organizational measures to ensure the confidentiality, integrity, and security of all customer details, including Personally Identifiable Information (PII) and Non-Public Information (NPI).

 

The Host shall not, directly or indirectly, use, disclose, sell, or share Guest/User data for purposes such as advertising, solicitation, or sale to third parties without explicit prior consent from the Guest/User, unless required by law. The Host shall comply with all applicable data protection laws and regulations and shall adopt best practices to prevent unauthorized access, disclosure, alteration, or destruction of Guest/User data.

 

In the event of a data breach or suspected compromise of Guest/User data, the Host shall promptly notify the relevant authorities and the affected Guest/User(s), and cooperate fully in any investigation or remediation efforts.

 

Summary of Responsibilities:

 

Implement appropriate security measures to protect Guest/User data.

Limit access to Guest/User data to authorized personnel only.

Ensure data is used solely for the purposes authorized by the Guest/User.

Avoid any use of Guest/User data for advertising, solicitation, or sale without explicit consent.

Report any data security incidents immediately.

Comply with all applicable data privacy laws and regulations.

 

Failure to adhere to these data stewardship obligations may result in termination of this agreement and potential legal liabilities.

 

11.1 Definition of Confidential Information

During the course of this engagement, you may gain insight into proprietary practices that involve leveraging Artificial Intelligence (AI) and Machine Learning (ML). The introduction of this technology and how it is leveraged is considered a trade secret and is regarded as Confidential Information.

 

11.2 Obligations of the Receiving Party

The Receiving Party agrees to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect such information.

The Receiving Party agrees not to disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party.

 

12. Intellectual Property Rights

Throughout this engagement, you may be exposed to trade secrets, tactics, and practices that would be considered proprietary in nature.

 

12.1 Ownership of AI Algorithms

Any AI algorithms developed or improved during the course of the project/engagement shall be owned by MOUNTAIN ISLAND.

 

12.2 Data Rights

Any data provided by MOUNTAIN ISLAND for training AI models shall remain the property of MOUNTAIN ISLAND.

 

12.3 Trade Secrets

All information related to the AI algorithms, models, methodologies, and processes shall be considered trade secrets of MOUNTAIN ISLAND. The Host/Service Provider shall take measures to protect these trade secrets and prevent unauthorized disclosure or use.

 

12.4 Patents

Any inventions or new technologies developed during the project that are patentable shall be owned by MOUNTAIN ISLAND. The Host/Service Provider shall cooperate in the patent application process and assign any rights related to such inventions to MOUNTAIN ISLAND.

 

12.5 Copyrights

Any software code, scripts, or documentation developed in the course of the project shall be owned by MOUNTAIN ISLAND. The Host/Service Provider shall not reproduce, distribute, or modify such materials without permission.

 

13. Modifications to the Service

MOUNTAIN ISLAND reserves the right to modify or discontinue the Service at any time without prior notice. We may also update these Terms from time to time. When changes to the Terms occur, MOUNTAIN ISLAND will ensure that those changes are socialized and communicated in writing to all Users and Hosts. Continued use of the Service after any changes constitutes your acceptance of the new Terms.

 

14. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in accordance with North Carolina law.

 

By using the MOUNTAIN ISLAND Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing MOUNTAIN ISLAND! Enjoy your water-based adventures!