Terms of Use – California
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”) in the San Diego, California region.
By creating an account or using the Platform, you expressly agree to these Terms. If you do not agree, do not use the Platform.
1. Nature of Services (Intermediary Platform)
Platform’s Role: [NAME OF PLATFORM] is strictly a provider of technology and service intermediation. We are not a surf school, we do not employ instructors, and we do not provide equipment.
Independent Contractor Relationship: Instructors are independent service providers (independent contractors). Nothing in these Terms creates any employment, partnership, or joint venture relationship between the Platform and the Instructors.
2. Account Registration and Eligibility
Minimum Age: You must be at least 18 years old to create an account. Minors may only participate in lessons if the account is created by a parent or legal guardian, who must sign the Liability Waiver on behalf of the minor.
Accuracy of Information: Users (Students and Instructors) agree to provide accurate, current, and complete information.
3. Rules for Surf Instructors
Instructors expressly represent and warrant that they:
Certifications and Licenses: Hold all necessary certifications to teach surfing and administer CPR/First Aid, as well as any business licenses required by the City of San Diego or San Diego County, where applicable.
Beach Permits: Are fully responsible for complying with local regulations for San Diego beaches (e.g., City of San Diego Park and Recreation Department requirements).
Equipment: Guarantee that any equipment provided to the Student (surfboards, wetsuits, leashes) is in safe and proper working condition.
4. Payments, Cancellations, and Refunds
Payment Processing: All payments are processed through secure third-party payment providers (e.g., Stripe). The Platform retains a service fee per transaction.
Student Cancellation Policy:
Cancellations made more than [e.g., 24/48 hours] in advance will receive a full refund.
Late cancellations are subject to the retention of the booking fee or full payment to the Instructor, as outlined in the Platform’s policy.
Weather and Ocean Conditions: If the Instructor cancels a lesson due to dangerous ocean conditions (e.g., extreme swells, water contamination advisories in San Diego), the Student may reschedule the lesson at no extra cost or request a full refund.
5. Assumption of Risk and Release of Liability
IMPORTANT NOTICE: Surfing is an extreme sport that involves inherent risks of severe bodily injury, drowning, unpredictable ocean conditions, marine life encounters, and property damage.
Voluntary Assumption of Risk: By booking a lesson through the Platform, the Student (or legal guardian) voluntarily acknowledges and assumes all risks associated with surfing.
Release of Liability: To the maximum extent permitted by California law, the Platform, its directors, officers, and employees are released from any civil or legal liability for accidents, injuries, death, or property loss arising out of or related to lessons booked through the app.
Separate Liability Waiver: All Students must electronically sign and accept a dedicated Liability Waiver prior to taking their first lesson.
6. Data Privacy (CCPA / CPRA)
We respect your privacy and comply with the California Consumer Privacy Act (CCPA/CPRA).
We collect personal data such as name, email, location, and payment information to operate our services.
We do not sell your personal data to third parties.
For more details, please refer to our separate Privacy Policy.
7. User Conduct and Account Termination
We reserve the right to suspend or terminate the account of any User (Student or Instructor) who:
Violates these Terms.
Engages in disrespectful, discriminatory, or dangerous behavior before, during, or after lessons.
Attempts to bypass the Platform to conduct transactions off-system.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in San Diego County, California.
9. Contact Us
If you have any questions regarding these Terms of Use, please contact us at: surfing4all@surfing4all.com