Last updated: March 26, 2018
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the 57hours mobile application (the “Service”) owned and operated by Five Minutes Studio, Inc (“Five Minutes”,”Five”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to and/or do access or use the Service in any fashion or form, without limitation.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Scope of Services
The Service enables users (“Members”) and third parties who offer guided outdoor trips (“Guides”) to connect. Members can browse Guides and Programs they offer (“Listings”,“Listing(s)”) within the Service, communicate directly with Guides, and book a guided trip with a Guide (“Booking(s)”). Once a Member completes a Booking, they become a client of that Guide (“Client”). Payment made to the Guide is facilitated through a third-party payment processor (“Payment Processor”).
Five Minutes does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Bookings. Guides alone are responsible for their Listings and Bookings. When Members make, and Guide accepts a Booking, they are entering into a contract directly with each other. Five Minutes is not and does not become a party to any contractual relationship formed between Members and Guides, nor is Five Minutes an insurer or guarantor of the delivery of any Listing, Booking, or other contractual obligation.
If you choose to use the Service as a Guide, your relationship with Five Minutes is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Five Minutes for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Five Minutes.
By creating an Account on our service, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by unchecking the option in the mobile application or by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service, or make a Booking made available through the Service (“Payments”), you may be asked to supply certain information relevant to your Payment including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payment; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your Booking at any time for reasons including but not limited to: service availability, errors in the description or price of the service, technical errors, payment errors or other reasons.
We reserve the right to refuse or cancel your Booking if fraud or an unauthorized or illegal transaction is suspected.
Our Service allows you to post, link, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Five Minutes has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Five Minutes or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Five Minutes.
When you create an account with 57hours mobile application, you guarantee that you are eighteen years of age or older, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Five Minutes reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Five Minutes and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Five Minutes.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Five Minutes
Five Minutes has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Five Minutes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Five Minutes may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Five Minutes and its directors, officers, employees, contractors, partners, agents, suppliers, subsidiaries, assigns, licensors or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), brought by any third party in connection with or arising out of a) your use of and access to the Service, by you or any person using your account and password; b) a breach of these Terms; c) Content posted on the Service; or d) any event, accident, incident or happening arising out of or in any way connected with a Booking (or a guided trip or excursion arising therefrom).
Limitation Of Liability
In no event shall Five Minutes, nor its directors, officers, employees, contractors, partners, agents, suppliers, subsidiaries, assigns, licensors or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Release Of Liability
In consideration of the service provided to me by Five Minutes, you HEREBY AGREE NOT TO SUE Five Minutes, its affiliated companies and subsidiaries or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to me, including death, which you may suffer, arising from or in any way connected with my use of the Service. By accepting these Terms of Service and specifically this agreement not to sue, you are releasing any right to make a claim or file a lawsuit against any Released Party. You agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from my participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Five Minutes, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Wyoming, without regard to the conflict of law provisions of any court having jurisdiction over any complaint arising from or connected with your use of the Service. Exclusive jurisdiction for any claims arising out of or in any way connected with your use of the Service is the Teton County, Wyoming, District Court.
The failure of Five Minutes to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Five Minutes reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at email@example.com.
Terms Specifically Applicable to Guides
When creating a Listing through the Service you must (i) provide complete and accurate information about your guiding service (such as Listing description, location, and calendar availability); (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements); (iii) provide any required information to the Payment Processor necessary to accept payments through their service; (iv) provide any other information requested or required by Five Minutes, in its sole discretion. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price (including any taxes if legally required in your jurisdiction or otherwise applicable) for any guiding services offered under your Listing (“Fee”). Once a Client requests a Booking arising out of your Listing, you may not request that the Client pay a higher price than the Fee advertised in your Listing at the time the Booking request was made by a Member.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
When you accept a Booking, you are entering into a legally binding agreement with the Client and are required to provide the guiding service advertised in your Listing to the Client when the Booking is made. You also agree to pay the applicable fee charged by the Payment Processor and any applicable taxes, which will be collected pursuant to the Payments Terms.
You are fully and exclusively responsible for collection and/or payment of any federal, state or local taxes associated with the provision of guiding services contemplated herein. You are fully and exclusively responsible for complying with any requirements, rules, regulations, and legal requirements (including having all required permits, certificates and insurance) that may apply to you in any jurisdiction in which you provide guiding services contained in your Listing. As a Guide, you are exclusively responsible for your own acts and omissions. You agree to educate and inform Client of (i) the inherent risks of a guided trip offered in any Listing maintained by you on the 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 activity (including dress or gear requirements, equipment, special certifications or licenses, etc.). You agree not to discriminate against any Member or Client on the basis of race, ethnicity, gender, age, religion, or sexual orientation. You agree to observe and comply with the Americans with Disabilities Act and all other applicable state and federal laws.
Terms Specifically Applicable to Members and Clients
Subject to meeting any requirements set by the Guide, you can book a Listing available in the Service by following the respective booking process. All applicable fees, including the Guide tip, Client Fee and any applicable Taxes (collectively, “Total Fees”, “Service Fee”) will be presented to you prior to Booking. You agree to pay the total Fees for any Booking requested or made in connection with your 57hours account.
Upon receipt of a booking confirmation from 57hours, a legally binding agreement is formed between you and the Guide for whom the Booking was made, subject to any additional terms and conditions of the Guide that apply, including the applicable cancellation policy and any rules and restrictions specified in the Listing.
If you book a Guide Service on behalf of additional individuals, you are required to ensure that every additional individual meets any requirements set by the Guide, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Guide. If you are booking for an additional individual who is a minor, you represent and warrant that you are the parent or legal guardian of the minor. The Guide may, in his or her sole discretion, require you to sign a liability waiver or assumption of risk form.
You should carefully review the description of any Listing you intend to book to ensure you (and any additional individuals you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Guide has specified in their Listing. It is your responsibility to inform the Guide of any medical or physical conditions, or other circumstances that may impact your and any additional individual’s ability to safely participate in any activity that is contemplated by the Listing you book.
Client can cancel a confirmed Booking at any time subject to the Guide’s cancellation policy set forth in their Listing, and Five Minutes will provide any appropriate refund to the Client in accordance with such cancellation policy. Five Minutes has implemented three levels of cancellation policies which may be set by Guides in their Listings, as well as a cancellation policy specific to Bookings or Listings described by the Guide as an Expedition.
Irrespective of the listed cancellation policy, Guide may modify or cancel a guided trip contemplated in a Booking if inclement weather or other environmental or weather related conditions creates an unsafe or inappropriate (in the Guide’s sole discretion) scenario for the Client or the Guide. If there is a substantial change in the itinerary or the Guide Service needs to be cancelled, Five Minutes will work with the Guide to provide Client an alternative date for the guided trip contemplated in the Booking, or an appropriate refund.
By its very nature, mountaineering and other backcountry adventures are an uncertain endeavor, and many factors can influence the outcome of a trip. While we understand that reaching the summit or your intended objective is important, guides will make every effort to do so safely, it is not guaranteed that you will summit or achieve all the objectives you may have set for yourself. Factors such as weather, route conditions, or your own abilities may create circumstances that make continuing with the climb unsafe or unwise, and you or your party may have to descend before reaching the summit or accomplishing your objectives. Accordingly, once a trip or class begins, we are unable to offer refunds for weather related cancellations, or for trips or classes that end prematurely due to weather, route conditions or circumstances within, or affecting, your group. Further, if you decide for any reason not to begin or continue with your climb, no credits or refunds will be given.
The following levels of cancellation policies are the sole available policies for Guides. Each Booking made shall be subject to one of the following cancellation policies, designated as “Flexible”, “Moderate”, or “Strict”. Expeditions are subject to a specific cancellation policy.
Flexible: If Client cancels the Booking anytime prior to fourteen (14) calendar days in advance of the trip contemplated by the booking, Client is entitled to a full refund. For cancellations seven (7) to thirteen (13) calendar days in advance, Client is entitled to a credit with that Guide for another identical or substantially similar Booking, or a full refund, minus a One Hundred-Fifty Dollar ($150) reservation fee. For cancellations one to six calendar days in advance, Client is entitled to a full refund, minus a One Hundred-Fifty Dollar ($150) reservation fee. For cancellations anytime less than 25 hours in advance, the Client is not entitled to any refund.
Moderate: If Client cancels the Booking anytime prior to thirty (30) calendar days in advance of the trip contemplated by the booking, Client is entitled to a full refund. For cancellations fourteen (14) to twenty nine (29) calendar days in advance, Client is entitled to a refund in the amount of fifty percent (50%) of the total amount paid when Booking. For cancellations zero (0) to thirteen (13) days in advance, the Client is not entitled to any refund.
Strict: If Client cancels the Booking anytime prior to thirty (30) calendar days in advance of the trip contemplated by the booking, Client is entitled to a refund in the amount of fifty percent (50%) of the total amount paid when Booking. After that deadline, Client is not entitled to any refund.
Expedition: If Client cancels the Booking anytime prior to one hundred twenty (120) calendar days in advance of the trip contemplated by the booking, Client is entitled to a full refund. For cancellations ninety (90) to one hundred nineteen(119) calendar days in advance, Client is entitled to a refund in the amount of fifty percent (50%) of the total amount paid when Booking. For cancellations seventy five (75) to eighty nine (89) calendar days in advance, Client is entitled to a refund in the amount of twenty-five percent (25%) of the total amount paid when Booking. After that deadline, Client is not entitled to any refund. Any reimbursable expenses arising out of the Booking incurred by Guide prior to the date of cancellation (including but not limited to plane tickets, car rental payments, and lodging or transportation fees) are non refundable as soon as they are incurred by the Guide.