Terms of Use – Brasil
DIGITAL PLATFORM TERMS OF USE AND SERVICE
Last Updated: [Insert Date]
Welcome to Surfing4all, https://surfing4all.com .
These Terms of Use (“Terms”) govern your access to and use of our application and/or website, which operates as a digital marketplace connecting independent surf instructors (“Instructors”) with students seeking surf lessons (“Students”) along the coast of Rio de Janeiro, Brazil.
By creating an account or using the Platform, you expressly agree to these Terms. If you do not agree, do not use our services.
1. Nature of Services (Intermediary Platform)
Platform’s Role: Surfing4all is a technology platform operating strictly as a business intermediarybetween Instructors and Students. We are not a surf school, we do not employ instructors, and we do not provide equipment.
No Employment Relationship: Instructors operate as independent contractors/service providers (whether registered as individual microentrepreneurs – MEI, autonomous workers, or corporate entities). Nothing in these Terms establishes any employment relationship, legal subordination, or partnership between the Platform and the Instructors.
2. Registration and Eligibility
Legal Capacity: Account creation is permitted only for individuals with full legal capacity (18 years of age or older).
Lessons for Minors: Minors under 18 years of age may only participate in lessons if the account creation and booking are completed by a parent or legal guardian, who must formally accept the Liability Waiver on behalf of the minor.
Accuracy of Information: Users are solely responsible for the accuracy and truthfulness of the data provided during registration.
3. Requirements for Surf Instructors
Instructors expressly represent and warrant that they:
Professional Qualifications: Possess adequate technical knowledge, training/certification in physical education, surfing, or accreditation from a recognized surfing governing body (e.g., CBSurf, FESERJ), as well as certification in water rescue and first aid.
Local Permits: Are solely responsible for complying with municipal regulations set by the City Government of Rio de Janeiro and marine/environmental authorities regarding commercial activity on beaches (e.g., permits for beach-based instruction, where applicable).
Equipment Safety: Guarantee that surfboards, leashes, and any other equipment provided to Students are in safe and proper working condition.
4. Payments, Cancellations, and Right of Regret
Payment Processing: Payments are made directly through the app via integrated third-party payment processors (e.g., Stripe, Mercado Pago, Pagar.me). The Platform retains a service fee per transaction.
Right of Regret (Brazilian Consumer Defense Code – Art. 49): Students may cancel a booking without penalty within 7 (seven) days from the purchase date, provided the lesson has not yet taken place.
Standard Cancellation Policy:
Cancellations requested by the Student more than [e.g., 24 hours] prior to the lesson are eligible for a full refund or rescheduling credit.
Late cancellations may result in the retention of a percentage corresponding to the booking fee or Instructor compensation.
Weather and Marine Conditions (Force Majeure): If a lesson is canceled by the Instructor due to dangerous ocean conditions, severe swells, water contamination (red flag warnings), or storms that compromise Student safety, the lesson may be rescheduled at no extra cost or fully refunded.
5. Assumption of Risk and Release of Liability
SAFETY NOTICE: Surfing is an outdoor water sport that involves inherent risks, including rip currents, collisions, marine life encounters, sunburn, and drowning.
Acknowledgment of Risk: By booking a lesson through the Platform, the Student declares that they are in suitable physical and health condition for water sports and consciously assumes all inherent risks associated with surfing.
Platform Limitation of Liability: To the fullest extent permitted by law, the Platform is not liable for personal injury, property loss, or moral damages occurring during lessons; such liability rests directly with the service provider (Instructor) and the participant.
Separate Liability Waiver: Before their first lesson, the Student (or legal guardian) must electronically accept a dedicated Assumption of Risk and Liability Waiver.
6. Data Privacy (LGPD)
The Platform processes personal data in compliance with the Brazilian General Data Protection Law (Law No. 13,709/2018 – LGPD).
We collect essential data (such as name, CPF/tax ID, email, phone number, payment details, and geolocation) necessary to execute the service agreement.
Your personal data will not be sold or shared with unauthorized third parties.
For more information on how to exercise your data subject rights (access, correction, deletion), please consult our Privacy Policy.
7. Rules of Conduct and Account Termination
We reserve the right to suspend or terminate the account of any User (Student or Instructor) who:
Violates these Terms or applicable laws.
Engages in disrespectful, discriminatory, or unsafe behavior on the beach or through the Platform’s communication channels.
Attempts to bypass the Platform to arrange direct off-system payments after initiating contact through the app.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed strictly in accordance with the laws of the Federative Republic of Brazil. Any dispute or controversy arising out of these Terms shall be submitted to the courts located in the District of the Capital of the State of Rio de Janeiro, RJ, waiving any other jurisdiction, no matter how privileged (subject to consumer venue exceptions provided by law).
9. Contact Us
For questions, feedback, or requests regarding these Terms of Use, please contact us at: surfing4all@surfing4all.com