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Terms of Service

Last Updated: March 4, 2025

1. Introduction

Welcome to Sick Day Sports Club ("SDSC," "we," "our," or "us"). By accessing our website at sickdaysports.club and using our services, you agree to these Terms of Service ("Terms"). Please read these Terms carefully before using our platform.

2. Service Description

Sick Day Sports Club is a platform that connects users with local outdoor adventure guides for short experiences. We facilitate connections between users and independent guides but are not responsible for the actual delivery of guide services. Our primary role is to:

  • Match users with appropriate guides based on preferences
  • Facilitate bookings and scheduling
  • Process payments
  • Provide a communication platform between users and guides

3. User Accounts

3.1 Account Creation

To use our services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Requirements

You must be at least 18 years old to create an account. By creating an account, you confirm that you are of legal age and have the capacity to enter into a legally binding agreement.

4. Booking and Payment

4.1 Booking Process

All adventure bookings are subject to guide availability, weather conditions, and other factors. Once a booking is confirmed, you will receive confirmation via email.

4.2 Payments

All payments are processed through our platform. We accept major credit cards and other payment methods as specified on our website. Prices are inclusive of our service fees but may not include additional costs such as equipment rental, park fees, or transportation.

4.3 Cancellation Policy

Our standard cancellation policy allows for:

  • Full refund if cancelled 48 hours before the scheduled adventure
  • 50% refund if cancelled between 24-48 hours before the scheduled adventure
  • No refund if cancelled less than 24 hours before the scheduled adventure

However, specific guides may have their own cancellation policies, which will be clearly communicated at the time of booking.

4.4 Weather and Force Majeure

In case of dangerous weather conditions or other circumstances beyond our control, adventures may be rescheduled or refunded at the discretion of the guide and SDSC.

5. User Responsibilities

As a user of our platform, you agree to:

  • Provide accurate information about your skill level, experience, and health conditions
  • Arrive on time for scheduled adventures
  • Follow all instructions provided by guides
  • Respect local regulations and environmental guidelines
  • Treat guides and other participants with respect
  • Not attend adventures while under the influence of alcohol or drugs
  • Bring required personal equipment as specified in the adventure description

6. Safety and Risk Acknowledgment

6.1 Inherent Risks

OUTDOOR ACTIVITIES INVOLVE SIGNIFICANT INHERENT RISKS INCLUDING SERIOUS INJURY OR DEATH.

These risks may include but are not limited to: adverse weather conditions, equipment failure, natural hazards (falling rocks, avalanches, lightning, etc.), wildlife encounters, and physical exertion.

BY USING OUR SERVICE, YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND ACCEPT THESE RISKS.

You voluntarily choose to participate in activities with full knowledge of the dangers involved.

Users are solely responsible for:

  • Accurately assessing their own physical capabilities and limitations
  • Providing truthful information about medical conditions
  • Using appropriate safety equipment as directed
  • Following all guide instructions and safety protocols
  • Having appropriate personal insurance coverage for outdoor activities

6.2 Liability Waiver

Before participating in any adventure, users will be required to sign a liability waiver. This waiver releases SDSC, the guide, and related parties from liability for injuries, damages, or losses resulting from participation in the activity, except in cases of gross negligence or willful misconduct.

7. Guide Relationships and Responsibilities

GUIDES LISTED ON OUR PLATFORM ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF SICK DAY SPORTS CLUB.

We do not control their day-to-day operations, schedules, or specific service delivery methods. SDSC is solely a platform connecting independent guides with users seeking outdoor experiences.

As independent contractors, guides are responsible for their own taxes, insurance, licenses, and compliance with all applicable regulations. SDSC does not provide worker's compensation, health benefits, or other employee benefits to guides.

Despite this independent relationship, all guides on our platform are required to:

  • Maintain current certifications relevant to their activities
  • Carry appropriate insurance
  • Provide safe, high-quality experiences
  • Accurately represent their qualifications and experience
  • Adhere to all local regulations and best practices
  • Carry basic first aid equipment and be trained in emergency procedures

8. Intellectual Property

8.1 Our Content

All content on the SDSC platform, including but not limited to text, graphics, logos, images, and software, is the property of SDSC or its content suppliers and is protected by copyright and other intellectual property laws.

8.2 User Content

By posting content (including reviews, photos, or comments) on our platform, you grant SDSC a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, reproduce, and distribute such content for promotional purposes.

9. Prohibited Activities

You agree not to:

  • Use our platform for any illegal purpose
  • Attempt to gain unauthorized access to any part of our platform
  • Use our platform to harass, abuse, or harm another person
  • Impersonate any person or entity
  • Post false, misleading, or deceptive content
  • Interfere with the proper functioning of the platform
  • Attempt to circumvent any security measures

10. Termination

We reserve the right to terminate or suspend your account and access to our services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, guides, SDSC, or third parties, or for any other reason.

11. Limitation of Liability

You expressly understand and agree that participation in outdoor adventure activities carries inherent risks that cannot be eliminated regardless of the care taken by guides or SDSC.

To the maximum extent permitted by law, SDSC SHALL NOT BE LIABLE for any injuries, damages, or losses arising from the inherent risks of outdoor activities. Additionally, SDSC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use our services
  • Any conduct or content of any third party on the platform
  • Unauthorized access, use, or alteration of your content or transmissions

12. Indemnification

You agree to indemnify, defend, and hold harmless SDSC, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the platform, your violation of these Terms, or your violation of any third-party right.

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the platform after any such change constitutes your acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.

15. Dispute Resolution

Any dispute arising from or relating to these Terms or your use of our platform shall first be resolved through good-faith negotiation. If such negotiation fails, the dispute shall be resolved through arbitration in Bend, Oregon, in accordance with the rules of the American Arbitration Association.

16. Contact Information

For questions about these Terms, please contact us at:

  • Email: info@sickdaysports.club
  • Address: Loveheimer LLC dba Sick Day Sports Club, 4949 Meadows Rd STE 600, Lake Oswego, OR 97035