Last Updated: January 1, 2020
IMPORTANT: PLEASE READ THIS AGREEMENT BEFORE CLAIMING YOUR LISTING ON WWW.PLAYHARDFLORIDA.COM (“the Website”). BY CLAIMING YOUR LISTING YOU ARE AGREEING TO EACH OF THESE TERMS AND CONDITIONS WITH PLAY HARD FLORIDA, LLC (“Play Hard Florida).
In this Listing Agreement (the “Agreement”) references to "You" mean the adventure provider (“Provider”) claiming their listing, together with its affiliated entities and persons who control, are under the control of, or are under common control with, the Provider. References to "we" and/or "our" mean Play Hard Florida, whose principal place of business is at 12817 SW 1st Place, Newberry, Florida 32669, unless expressly otherwise indicated. References to "our users" mean those Play Hard Florida customers who purchase goods or services from You or one or more of our other Providers through our Website.
Changes to this Agreement
We may revise and update these terms and conditions from time to time in our sole discretion. Play Hard Florida will notify You electronically of all changes to this Agreement.
Definitions
- "Listing" will be defined as the content management tool provided, in exchange for Agreement with this contract, to the Provider and accessible on the Website. Listings shall be subject to a monthly subscription fee as outlined below.
- "Adventure" will be defined as the activities, trips, experiences or any general service or product offered by your Listing on the Website.
- "Affiliate Websites" will be defined as our network of partners and organizations, such as tourism boards, retail websites, publications, and associations that choose to display, market, and sell Adventures using the Website.
Provider Conditions
Listing subscription options are either month-to-month or an annual basis. Thus, if you choose “monthly” your Listing will continue month-to-month and automatically renew unless and until You cancel your Listing or we terminate it. If you choose “annual” payment your listing will continue for a year from the original date of payment and renew every year automatically. To claim your Listing, You must have Internet access and provide Play Hard Florida with a current, valid, accept method of payment (“Payment Method”). We will bill either a monthly subscription fee or annual occurring fee to your Payment Method based from your chosen “Level” options as described below.
By claiming your Listing and providing a Payment Method, You authorize Play Hard Florida to charge You a monthly or annual subscription fee in accordance with your chosen schedule of “Monthly” or “Annual”:
- “Level 1 Monthly” your Payment Method will be charged a monthly fee of $22 per month. Payment for the first month will be drawn on the same date You claim your Listing, and payments thereafter will reoccur every 30 days unless and until You cancel your Listing or we terminate it. We reserve the right to change the timing of our billing with electronic notice.
- “Level 1 Annual” your Payment Method will be charged an annual fee of $225. Payment for the first year will be drawn on the same date you claim your Listing, and payments thereafter will reoccur every 365 days unless and until You cancel your listing or we terminate it. We reserve the right to change the timing of our billing with electronic notice.
- “Level 2 Monthly” your Payment Method will be charged a monthly fee of $26 per month. Payment for the first month will be drawn on the same date You claim your Listing, and payments thereafter will reoccur every 30 days unless and until You cancel your Listing or we terminate it. We reserve the right to change the timing of our billing with electronic notice.
- “Level 2 Annual” your Payment Method will be charged an annual fee of $275. Payment for the first year will be drawn on the same date you claim your Listing, and payments thereafter will reoccur every 365 days unless and until You cancel your listing or we terminate it. We reserve the right to change the timing of our billing with electronic notice.
- “Level 3 Monthly” your Payment Method will be charged a monthly fee of $29 per month. Payment for the first month will be drawn on the same date You claim your Listing, and payments thereafter will reoccur every 30 days unless and until You cancel your Listing or we terminate it. We reserve the right to change the timing of our billing with electronic notice.
- “Level 3 Annual” your Payment Method will be charged an annual fee of $295. Payment for the first year will be drawn on the same date you claim your Listing, and payments thereafter will reoccur every 365 days unless and until You cancel your listing or we terminate it. We reserve the right to change the timing of our billing with electronic notice. There are no initiation fees or fees to terminate your account. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
Management of Content
You acknowledge that You are responsible for the management/ownership of the content You provide to the Website and that We will provide the directory and means for users to reach your Listing, but we are not responsible for your individual Provider description, the photographs You upload, the management of your schedule, your reservations, your pricing, your logo, the Adventures You offer, and generally any information You might deem necessary to inform the user before he or she participates in the Adventure You are offering through the Website or on your own website.
Insurance
You understand that, except as otherwise agreed to by Play Hard Florida in writing, Play Hard Florida does not carry or maintain health, medical, aviation, automobile, commercial general liability, Workers' Compensation & Employer's Liability, catastrophic, disability insurance coverage, or any form of liability or insurance coverage for Provider and or any customers, clients, or users. By claiming your listing You acknowledge that You do have all needed and relevant insurance and liability coverage for your business, customers and employees including but not limited to a current Public Liability Insurance (PLI) policy.
Termination
This Agreement shall remain in effect until cancelled upon by either party, or immediate termination as set within the bounds of this Agreement. If You want to terminate this Agreement with Play Hard Florida, You may do so by notifying Play Hard Florida via written notice sent to Play Hard Florida's address set out at the beginning of this Agreement. Such notice must be postmarked at least ten days prior to the next billing date to avoid your Payment Method being charged for the subsequent month.
Acceptance of Terms
By claiming your Listing, You agree to the terms within this Agreement, as well as Play Hard Florida’s Term of Use and Privacy Policy (collectively, the “Terms”). You must not claim your Listing if You do not accept the Terms. You can accept the Terms by clicking to accept or agree to the Terms, where the option is made available to You prior to claiming your listing on our Website. In this case, You understand and agree that Play Hard Florida will treat your request to claim your Listing as acceptance of the Terms from that point onwards.