Tripshepherd Terms & Conditions

2.1 Tripshepherd's Role

Tripshepherd is primarily a marketplace and content-sharing platform. We do not own or operate the experiences themselves; independent Hosts provide them.

Tripshepherd is not an employer or agent of Hosts (unless specifically stated for payment processing, see Section 6). No partnership or joint venture is created between Tripshepherd and any User.

2.2 User Types

Guest / Traveler: Someone who books or participates in experiences.

Host / Experience Creator / Co-Creator (collectively, "Host"): Someone who lists and provides experiences to Guests; or who creates content about experiences (e.g., travel videos).

Content Creator: Any User (whether Host or Guest or otherwise) posting or uploading videos, photos, reviews, or other user-generated content on the Platform.

All Users must be at least 18 years old (or the age of majority in their jurisdiction) to create an account and use certain features. Minors may only participate if a legal guardian books on their behalf.

3.1 Account Registration

You must register an account to access core Platform features (e.g., booking, hosting, or posting video content). Provide accurate info and keep it updated.

You are responsible for your account credentials and any activities under your account.

3.2 Community and Conduct

Respect local laws, other Users, and any policies we publish regarding responsible tourism and community standards.

Prohibited Conduct: Discrimination, harassment, hate speech, and posting illegal or infringing content. We may remove any content or suspend accounts if a violation occurs.

4.1 License Grant

By uploading or posting any video, photo, review, or other content ("User Content") to Tripshepherd, you grant Tripshepherd a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, create derivative works from, and otherwise exploit your User Content in any media.

This license is necessary for us to display your content on our Platform, promote your content or experiences, and improve the Platform. It continues even if you delete your account (e.g., we might retain backups or marketing materials already in circulation).

4.2 Your Warranties

You represent and warrant that (i) you own or have all necessary rights and permissions (including copyright, publicity, or trademark rights) to upload and license your User Content; (ii) your User Content does not violate any third-party rights or any law; (iii) if your content depicts other people (e.g., in videos), you have obtained their consent.

You also agree to comply with any sponsorship or affiliate disclosure requirements if your content is paid or sponsored in any way.

4.3 DMCA / Copyright Infringement

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA) (and similar laws). If you believe your copyrighted work has been posted on Tripshepherd without authorization, please follow our DMCA/Copyright Policy [link or summary], which explains how to submit a takedown notice and how we respond.

We reserve the right to remove or disable any content alleged to be infringing and to terminate repeat infringers.

4.4 Moderation

Tripshepherd is not required to host or maintain any specific User Content. We may remove or block any content at our discretion (e.g., if it's reported as illegal, harmful, or otherwise violates these Terms).

We assume no liability for user-posted content; you remain solely responsible for anything you upload.

5.1 Host-Handled Payments

A Host may choose to take payments directly from Guests via cash, Stripe, or any method they prefer. In this scenario, Tripshepherd is not involved in the payment flow.

Tripshepherd simply provides the Platform (e.g., a listing page) but does not process the credit card or hold funds. As a Guest, you pay the Host directly and any dispute over refunds or chargebacks is strictly between you and the Host (unless the Host also opts into Tripshepherd dispute protections by separate agreement).

5.2 Tripshepherd Pay (Optional)

Hosts can opt to use Tripshepherd's payment processing to handle Guest bookings. We charge an additional transaction fee. In that case, Tripshepherd acts as the limited payment collection agent for the Host, collecting payment from Guests at the time of booking.

Tripshepherd will then remit payouts to the Host (minus fees) after the experience occurs or as otherwise stated, similar to typical marketplace models.

5.3 Subscription Tiers

Hosts may pay a recurring subscription fee to list experiences on Tripshepherd or to access premium features. Subscription fees are typically non-refundable unless otherwise stated.

5.4 Taxes

Hosts are responsible for determining and remitting any taxes (sales tax, VAT, etc.) on their offerings, unless Tripshepherd explicitly agrees to collect and remit on their behalf under Tripshepherd Pay.

Tripshepherd is not liable for uncollected or unpaid taxes when the Host handles payments separately.

6.1 Bookings

When a Guest books an experience through Tripshepherd, the contract is formed directly between Guest and Host (regardless of which payment method is used).

Tripshepherd may send booking confirmations on behalf of Hosts.

6.2 Cancellation Policies

Each Host may set their own cancellation and refund rules. If none is stated, the default is "Free cancellation up to 24 hours before start, no refund after."

If the Host takes payment off-platform, that Host also controls any refunds; Tripshepherd will not be responsible for enforcing or processing refunds.

If Tripshepherd Pay is used, Tripshepherd may process refunds under the Host's stated policy.

Extenuating Circumstances: If major unforeseen events (e.g., natural disaster, severe illness, government lockdown) prevent the experience, we may (but are not obligated to) override normal policies to facilitate a fair resolution (like rescheduling or refund).

6.3 No-Shows

If a Guest fails to appear and does not cancel by the stated cutoff, the Host may retain the payment (subject to the stated policy).

7.1 Risks of Participation

You acknowledge that travel and adventure activities may carry inherent risks (physical harm, illness, accidents, local hazards). You voluntarily assume all such risks.

7.2 Release of Claims

To the maximum extent permitted by law, you release and waive all claims against Tripshepherd, its officers, employees, and agents for any injury, loss, or damage arising from or related to (i) experiences hosted by independent Hosts, or (ii) user-posted content.

7.3 Platform Provided "AS IS"

Tripshepherd does not guarantee the quality, safety, legality, or accuracy of any experience or content. We disclaim all warranties, express or implied.

7.4 Liability Cap

In no event will Tripshepherd's total liability exceed the greater of (i) amounts you've paid to us in the prior 12 months, or (ii) $100 USD.

7.5 Indemnification

You agree to indemnify and hold harmless Tripshepherd from any claims or damages arising from (i) your breach of these Terms, (ii) your violation of law or third-party rights, or (iii) claims that your content infringes someone's IP.

8.1 Governing Law

These Terms and any dispute arising hereunder are governed by Delaware law, without regard to conflict-of-laws principles.

8.2 Mandatory Arbitration

You and Tripshepherd agree that any dispute, claim, or controversy related to these Terms or your use of the Platform shall be resolved by final and binding arbitration, administered by a recognized arbitration provider in Delaware, unless prohibited by law.

No Class Actions: You agree to pursue claims only on an individual basis. You waive any right to class or consolidated actions.

8.3 Exceptions

Either party may seek injunctive relief in court for IP misuse or other urgent matters. Also, small claims court remains an option for qualifying individual disputes.

8.4 Opt-Out

If you do not wish to arbitrate, you must opt out by sending a written notice to Tripshepherd (attn: Legal) within 30 days of first agreeing to these Terms. Otherwise, arbitration is binding.

10.1 Affiliate Links / Sponsorship

Hosts or content creators may earn affiliate income or sponsorship. They bear responsibility to comply with FTC or equivalent disclosures (e.g., stating that a post/video is sponsored).

Tripshepherd is not liable for affiliate tracking errors or unfulfilled sponsor payments.

10.2 Modifications

We may update these Terms at any time. If we make major changes, we'll post notice and an updated "Last Updated" date. Your continued use after the changes take effect constitutes acceptance.

10.3 Termination

You may stop using the Platform at any time. We may suspend or terminate your account if you violate these Terms or compromise the Platform's integrity. Sections regarding liabilities, disclaimers, and dispute resolution survive termination.

10.4 Entire Agreement & Severability

These Terms, plus any linked policies, form the entire agreement between you and Tripshepherd. If any provision is deemed invalid or unenforceable, the remaining provisions remain in effect.

10.5 No Waiver

Failure by Tripshepherd to enforce a provision is not a waiver of future enforcement.

10.6 Contact Us

For support or questions, email info@tripshepherd.com