Safety & Liability Disclaimer Policy

IMPORTANT NOTICE: BY COMPLETING A BOOKING ON BOOKINSTEAD.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS SAFETY AND LIABILITY DISCLAIMER POLICY IN ITS ENTIRETY. THIS POLICY CONTAINS SIGNIFICANT LIMITATIONS ON BOOKINSTEAD’S LIABILITY AND REQUIRES YOU TO ASSUME CERTAIN RISKS INHERENT IN OUTDOOR, ADVENTURE, AND ACTIVITY-BASED EXPERIENCES. IF YOU DO NOT AGREE, DO NOT COMPLETE A BOOKING.

1. Purpose and Scope

1.1 Purpose of This Policy

This Safety and Liability Disclaimer Policy (“Safety Policy”) establishes the framework governing the allocation of safety responsibilities and liability among BookInstead LLC (“BookInstead”), independent Operators, and Guests in connection with Experiences booked through the BookInstead.com Platform. It is designed to:

Clearly define BookInstead’s role as a marketplace intermediary with no operational control over Experiences.
Establish the full scope of Operator responsibility for safety, equipment, staffing, compliance, and incident response.
Inform Guests of the inherent risks associated with tour, activity, adventure, and rental Experiences, and the extent to which they are assuming those risks by participating.
Define the legal limits of BookInstead’s liability exposure in personal injury, property damage, and wrongful death claims.
Establish the minimum safety standards Operators must meet and maintain as a condition of listing on the Platform.

This Policy is incorporated by reference into BookInstead’s Terms of Service and Operator Terms of Service and is binding on all Guests and Operators.

1.2 Scope

This Policy applies to:

All Guests who book and participate in any Experience through BookInstead.com.
All Operators who list, market, and deliver Experiences through the Platform.
All third-party vendors, subcontractors, guides, instructors, drivers, and other personnel engaged by Operators in the delivery of Experiences.
All locations, vehicles, vessels, aircraft, equipment, facilities, and environments used in the delivery of Experiences.

This Policy does not govern activities that occur outside the scope of a confirmed Booking, including Guests who choose to extend an activity beyond the scheduled Experience, or who engage in activities at an Experience location independently before or after the scheduled Experience time.

2. Definitions

Term	Definition
Inherent Risk	A risk that is an essential, inseparable characteristic of a particular activity — one that cannot be eliminated through the exercise of reasonable care. Examples include the risk of falling during rock climbing, capsize during water activities, or injury during high-speed off-road vehicle use.
Assumption of Risk	A legal doctrine under which a participant voluntarily accepts the known risks associated with an activity, thereby limiting or eliminating the right to recover damages for injuries resulting from those risks.
Operator Negligence	The failure of an Operator, their employees, or their agents to exercise the standard of care that a reasonably prudent operator would exercise under the same or similar circumstances, resulting in injury, damage, or loss to a Guest.
Gross Negligence	Conduct that goes beyond ordinary negligence — a conscious, voluntary act or omission in reckless disregard of the legal duty owed to a Guest and of the consequences to the Guest. Gross negligence is generally not subject to liability waivers.
Liability Waiver	A contract or agreement signed by a Guest, typically before participating in an Experience, in which the Guest releases the Operator from liability for certain types of harm. Waiver validity and enforceability vary by state law.
Safety Incident	Any event occurring during or in direct connection with an Experience that results in physical injury to a Guest, third party, or Operator staff member; damage to Guest or third-party property; or a near-miss event that could have resulted in serious injury or death.
Emergency Response	Immediate actions taken by an Operator or their staff following a Safety Incident, including first aid, emergency services notification, Guest evacuation, and incident documentation.
Operator Insurance	Commercial insurance coverage required of all Operators as a condition of listing on BookInstead, as defined in the Operator Terms of Service and Section 5 of this Policy.
Activity Waiver	Any written agreement between an Operator and a Guest — separate from the booking transaction — that governs the Guest’s assumption of risk and release of liability specific to the booked Experience. Must be disclosed in the Listing prior to booking.
Participant Requirements	Health, age, weight, fitness, experience, and skill requirements disclosed by the Operator in the Listing as prerequisites for safe participation in the Experience.
Safety Briefing	A mandatory pre-activity orientation delivered by the Operator or their staff covering safety rules, equipment use, emergency procedures, and behavioral expectations for the Experience.
Third-Party Vendor	Any individual or business engaged by an Operator to perform a component of an Experience, including transportation providers, equipment rental companies, catering services, or specialized subcontractors.
Force Majeure Safety Event	A Force Majeure Event — as defined in the Cancellation and Refund Policy — that creates a safety risk preventing the Experience from being safely conducted.

3. BookInstead’s Role — Marketplace Only

3.1 BookInstead Is Not an Operator

BookInstead is an online marketplace that connects Guests with independent Operators. BookInstead does not own, operate, employ, manage, direct, supervise, or control any Operator, Experience, vehicle, vessel, aircraft, equipment, facility, or location. BookInstead does not hire, screen, train, certify, or supervise any guide, instructor, driver, or other personnel involved in delivering any Experience.

The contractual relationship for the delivery of any Experience is solely between the Guest and the Operator. BookInstead is not a party to that contract, is not present at any Experience, and has no operational role in how Experiences are planned, staffed, equipped, or executed.

3.2 No Safety Inspection or Verification

BookInstead does not inspect, evaluate, test, or verify the safety of any Experience, location, equipment, vehicle, vessel, aircraft, or facility used by any Operator. BookInstead does not confirm that any Operator holds the licenses, certifications, or insurance it claims to hold beyond reviewing documentation submitted during the registration process. Submission of documentation to BookInstead is not a guarantee that the documentation is current, valid, or accurate.

Guests are strongly encouraged to independently verify the safety practices, credentials, and insurance coverage of any Operator before participating in an Experience.

3.3 No Control Over Experience Delivery

BookInstead does not have the ability to monitor, oversee, or intervene in the real-time delivery of any Experience. Once a booking is confirmed and the Guest arrives at the Experience location, all safety decisions — including whether to proceed, modify, or cancel the Experience based on conditions, equipment status, or participant readiness — are the exclusive responsibility of the Operator.

3.4 Limitation of BookInstead’s Liability for Safety Incidents

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOOKINSTEAD SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, BODILY HARM, ILLNESS, DEATH, PROPERTY DAMAGE, OR OTHER LOSS SUFFERED BY ANY GUEST IN CONNECTION WITH ANY EXPERIENCE BOOKED THROUGH THE PLATFORM, REGARDLESS OF WHETHER SUCH INJURY OR LOSS RESULTS FROM THE NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT, OR BREACH OF DUTY OF ANY OPERATOR, THEIR EMPLOYEES, AGENTS, SUBCONTRACTORS, OR THIRD-PARTY VENDORS.

This limitation applies because BookInstead has no operational control over Experiences and cannot prevent or mitigate safety incidents that occur during their delivery. Guests’ sole recourse for Experience-related injuries or losses is against the Operator and, where applicable, the Operator’s insurance carrier.

This limitation does not apply to the extent that applicable law prohibits the exclusion of liability for death or personal injury caused directly by BookInstead’s own gross negligence or willful misconduct in its capacity as a platform operator.

4. Operator Safety Obligations

Operators listed on BookInstead bear full and exclusive responsibility for the safety of their Experiences and the welfare of all Guests who participate in them. The following obligations are binding conditions of listing on the Platform. Failure to meet any of these obligations constitutes a material breach of the Operator Terms of Service.

4.1 Legal Compliance

Operators must at all times comply with all applicable federal, state, local, and municipal laws, regulations, codes, and standards governing their Experience type and operating location, including but not limited to:

Occupational Safety and Health Administration (OSHA) regulations applicable to guiding, instruction, and outdoor recreation operations.
U.S. Coast Guard regulations for water-based Experiences.
Federal Aviation Administration (FAA) regulations for aerial Experiences.
State and local health and safety codes applicable to the Experience type.
Americans with Disabilities Act (ADA) accessibility requirements where applicable.
All environmental and land use regulations governing the Experience location.
All licensing and permitting requirements as outlined in the Listing Standards Policy.

4.2 Equipment Safety

Operators must ensure that all equipment, vehicles, vessels, aircraft, gear, and facilities used in the delivery of an Experience meet the following standards:

All equipment must be maintained in safe, functional, and clean condition at all times.
Safety-critical equipment — including but not limited to life jackets, helmets, harnesses, ropes, parachutes, fire extinguishers, and emergency communication devices — must be inspected before each use and replaced in accordance with manufacturer specifications and applicable law.
All motorized vehicles and vessels must hold current registration, insurance, and safety inspections as required by applicable law.
Maximum weight and capacity limits specified by equipment manufacturers must be strictly observed.
Operators must maintain written equipment inspection and maintenance logs and make them available to BookInstead upon request.
Any equipment failure that creates a safety risk must result in immediate cancellation or modification of the Experience until the equipment is repaired or replaced.

4.3 Staffing and Qualifications

Operators must ensure that all guides, instructors, drivers, pilots, captains, and other personnel who interact with Guests meet the following standards:

All required licenses, certifications, and credentials for the specific activity type must be current and valid at all times.
Guides and instructors must be trained in the specific activities they lead and must have sufficient experience to safely manage foreseeable incidents.
At least one staff member present at all times during a Guest Experience must hold a current certification in first aid and CPR from a recognized provider (e.g., American Red Cross, American Heart Association).
Staff must be sober and unimpaired during all interactions with Guests.
Staff must be briefed on the emergency response plan and must know how to contact emergency services from the Experience location.
Operators must conduct background checks on all staff members who have unsupervised access to Guests, particularly Experiences involving minors.

4.4 Pre-Experience Safety Briefing

Operators must conduct a mandatory Safety Briefing before commencing every Experience. The Safety Briefing must cover:

A description of the activity, including its physical demands and any inherent risks.
Proper use of all required safety equipment provided by the Operator.
Rules of conduct during the Experience, including prohibited behaviors.
Emergency procedures — what to do and who to contact if a Safety Incident occurs.
The signal, word, or action that indicates an immediate stop to all activity.
The Operator’s cancellation or modification policy for unsafe conditions.

The Safety Briefing must be delivered in a language understood by all Guests. Where language barriers exist, the Operator must provide translated materials or a qualified interpreter. Guests who refuse to participate in a Safety Briefing may be excluded from the Experience at the Operator’s discretion without refund.

4.5 Participant Eligibility Screening

Operators are responsible for verifying that all participants meet the eligibility requirements disclosed in the Listing before commencing the Experience. This includes:

Confirming that all participants meet stated age minimums and maximums.
Confirming that all participants fall within stated weight limits for safety equipment.
Asking all participants to self-disclose any health conditions listed as disqualifying in the Listing.
Observing participants for signs of visible intoxication or impairment that would disqualify participation.

Operators have the right and the obligation to exclude any participant who does not meet eligibility requirements or who presents a safety risk to themselves or other participants, regardless of the financial consequences. Guests excluded for safety reasons at the time of the Experience are not entitled to a cash refund but may be eligible for a BookInstead Credit at the Resolution Team’s discretion, where the disqualifying condition was not disclosed in the Listing.

4.6 Weather and Environmental Conditions

Operators are responsible for making real-time assessments of weather and environmental conditions before and during each Experience. Operators must:

Monitor weather forecasts and condition reports for the Experience location in the twenty-four (24) hours preceding the Experience.
Establish and document written Go / No-Go criteria for each Experience type that define the weather or environmental conditions under which the Experience will be canceled or modified.
Cancel or modify the Experience when conditions meet or exceed the No-Go criteria, without exception.
Notify Guests of weather-related cancellations as far in advance as possible and in accordance with the Cancellation and Refund Policy.
Never allow financial considerations — including a desire to avoid refund obligations — to influence a safety-based cancellation decision.

An Operator who proceeds with an Experience under unsafe weather or environmental conditions, resulting in Guest injury, forfeits any liability protection from their Activity Waiver under Texas and most other state laws, which do not permit waivers of liability for gross negligence.

4.7 Safety Incident Response

In the event of a Safety Incident during any Experience, the Operator must:

Immediately stop the Experience and ensure all participants are safe or being cared for.
Administer first aid to the extent of staff training and available resources.
Contact emergency services (911 or local equivalent) without delay if the incident involves serious injury, suspected spinal injury, loss of consciousness, difficulty breathing, or any life-threatening condition.
Notify BookInstead at safety@bookinstead.com within two (2) hours of the incident, providing the booking confirmation number, a description of the incident, the nature of any injuries, and the emergency response actions taken.
Preserve the scene of the incident to the extent possible for investigation purposes.
Collect contact information from all witnesses and participants.
Complete and retain a written incident report within twenty-four (24) hours of the incident. A copy must be provided to BookInstead within forty-eight (48) hours upon request.
Contact their insurance carrier and report the incident as required by their policy.

Operators must not make any admission of liability, offer of compensation, or settlement to an injured Guest without first consulting with their insurance carrier and legal counsel. Such communications may compromise the Operator’s insurance coverage and BookInstead’s ability to defend itself in related proceedings.

4.8 Minors and Vulnerable Participants

Experiences involving minors (individuals under 18) or participants with known disabilities or health conditions require heightened safety protocols:

Operators must obtain signed parental or guardian consent for all minor participants before commencing an Experience.
Operators must never leave minors unsupervised at any point during an Experience.
Operators must have a minimum staff-to-minor ratio appropriate for the activity type and clearly disclosed in the Listing.
Operators must make reasonable accommodations for participants with disabilities, to the extent required by law and operationally feasible.
Operators must disclose in the Listing if an Experience is unsuitable for participants with specific health conditions and must conduct verbal health screenings before commencing.

5. Operator Insurance Requirements

5.1 Minimum Coverage Requirements

All Operators must carry and maintain the minimum insurance coverage specified in the Operator Terms of Service at all times while they have active Listings on the Platform. For reference, the minimum requirements are:

Coverage Type	Per Occurrence Min.	Aggregate Min.	Applicability
Commercial General Liability	$1,000,000	$2,000,000	All Operators — no exceptions
Commercial Auto Liability	$1,000,000 CSL	N/A	All Operators transporting Guests in vehicles
Watercraft / Marine Liability	$1,000,000	$2,000,000	All water-based Experiences
Aviation Liability	$1,000,000 per seat	As required by FAA	All aerial Experiences
Professional Liability (E&O)	$500,000	$1,000,000	Guide, instructor, and advisory Experiences
Workers Compensation	Statutory limits	Statutory limits	All Operators with employees (where required by law)

5.2 Additional Insured Requirement

All Commercial General Liability policies must name BookInstead LLC as an additional insured. The additional insured endorsement must be included in the certificate of insurance provided to BookInstead during registration. This endorsement ensures that BookInstead has direct access to the Operator’s CGL coverage in the event of a Guest claim that names BookInstead as a defendant.

5.3 Certificate of Insurance

Operators must provide a current Certificate of Insurance (ACORD 25 or equivalent) to BookInstead during the registration process and must provide an updated certificate within five (5) business days of any policy renewal, amendment, or cancellation. The certificate must:

List BookInstead LLC as the certificate holder and additional insured.
Show policy effective and expiration dates.
Display policy limits for each required coverage type.
Include the name and contact information of the issuing insurance agent or broker.
Specify that the carrier will provide at least thirty (30) days’ written notice to BookInstead in the event of policy cancellation or material reduction in coverage.

5.4 Insurance Lapse

If an Operator’s insurance coverage lapses, is cancelled, or falls below the required minimums, the Operator must notify BookInstead within forty-eight (48) hours. BookInstead will immediately suppress all Listings associated with the Operator’s account until proof of reinstated coverage is provided. Operators who fail to notify BookInstead of an insurance lapse and continue accepting Bookings without coverage are in material breach of the Operator Terms of Service and are subject to immediate account termination and personal liability for any claims arising during the uninsured period.

5.5 BookInstead’s Insurance

BookInstead maintains its own general liability and technology errors and omissions insurance coverage appropriate for its role as a marketplace operator. This coverage does not extend to the delivery of Experiences by Operators and does not provide Guest protection against Operator negligence. Guests should not assume that BookInstead’s insurance coverage provides any protection for Experience-related injuries.

6. Guest Acknowledgment and Assumption of Risk

6.1 Nature of the Activities

Tours, activities, adventures, outdoor experiences, and rentals available on BookInstead.com vary widely in their physical demands and risk profiles. Many Experiences involve inherently risky activities in natural, dynamic, or unpredictable environments. By booking and participating in an Experience, Guests acknowledge that:

Outdoor and adventure activities carry inherent risks that cannot be fully eliminated through equipment, training, or safety protocols.
Natural environments — including water, terrain, weather, and wildlife — are unpredictable and can create hazardous conditions without warning.
Physical activities can result in injury even when participants follow all instructions and safety protocols.
The risk of injury or death exists in many activities available on the Platform, and the severity of those risks varies significantly by Experience type.

6.2 Voluntary Assumption of Inherent Risks

By completing a Booking, each Guest — on behalf of themselves and any members of their party for whom they are booking — voluntarily and knowingly assumes all Inherent Risks associated with the booked Experience, to the fullest extent permitted by applicable law. This assumption of risk includes but is not limited to the risks identified in the following table:

Experience Category	Examples of Inherent Risks Assumed
Water-Based Activities	Capsizing, drowning, near-drowning, hypothermia, marine wildlife encounters, boat collision, watercraft malfunction, currents, tides, and unpredictable sea conditions.
Aerial Activities	Equipment malfunction, adverse weather, hard landings, turbulence, motion sickness, disorientation, and risks associated with altitude.
Off-Road and Motor Vehicles	Vehicle rollover, collision, ejection, mechanical failure, rough terrain, dust, noise-induced hearing exposure, and loss of vehicle control.
Climbing and Ropes Courses	Falls, rope or harness failure, impact with walls or structures, overexertion, fear of heights, and equipment wear.
Wildlife and Nature Tours	Animal bites, stings, or attacks; allergic reactions; venomous insects or plants; slips and falls on uneven terrain; sun exposure; dehydration; and weather-related illness.
Water Sports (surfing, kayaking, paddleboarding)	Falls, collisions with equipment or other participants, exhaustion, rip currents, sunburn, and cold water shock.
Culinary and Food Experiences	Allergic reactions, food-borne illness, burns from cooking equipment, and cross-contamination.
Physical Fitness and Sports Activities	Muscle strains, joint injuries, overexertion, dehydration, heat stroke, and impact injuries.
All Experiences Generally	Slips, trips, and falls; overexertion; transportation incidents to and from the Experience location; emergency medical events unrelated to the activity; and loss or damage to personal property.

6.3 Scope of Assumption of Risk

The Guest’s assumption of risk covers risks that arise from:

The inherent nature of the activity, whether or not the Operator could have foreseen or prevented the specific incident.
Weather and environmental conditions that develop during the Experience.
The Guest’s own physical condition, undisclosed health factors, or failure to disclose a disqualifying health condition prior to participation.
The Guest’s failure to follow Operator instructions, safety briefing rules, or equipment usage guidelines.
Third-party actions, including the behavior of other participants, bystanders, or wildlife.

The Guest’s assumption of risk does not cover:

Operator Negligence that goes beyond the management of inherent risks — for example, providing defective equipment, failing to conduct a required safety briefing, or operating under the influence of alcohol or drugs.
Gross Negligence or willful misconduct by the Operator or their staff.
Fraudulent misrepresentation by the Operator regarding the nature, safety, or risks of the Experience.
Failure by the Operator to maintain required insurance, licensure, or safety certifications.

6.4 Guest Responsibility for Personal Fitness and Health Disclosure

Each Guest is responsible for:

Honestly assessing their own physical fitness, health status, and skill level before booking an Experience.
Reading and complying with all Participant Requirements disclosed in the Listing.
Disclosing any health conditions, medications, or physical limitations that could affect their ability to safely participate, even if the Listing does not specifically ask about those conditions.
Consulting a licensed physician before booking an Experience if they have any doubt about their physical ability to safely participate.
Not participating in an Experience while under the influence of alcohol, prescription medications that impair judgment or reaction time, or controlled substances.

BookInstead and Operators are not responsible for injuries arising from a Guest’s failure to disclose a relevant health condition or from a Guest’s decision to participate despite known contraindications.

6.5 Guests Booking on Behalf of Others

When a Guest completes a Booking that includes other participants — including minors, friends, family members, or colleagues — the booking Guest represents and warrants that:

They have the authority to accept this Safety Policy and all applicable risk disclosures on behalf of all members of the booking party.
They have informed all members of the booking party of the inherent risks associated with the Experience.
All members of the booking party meet the Participant Requirements disclosed in the Listing.
All minor participants have the consent of their parent or legal guardian to participate.

7. Activity Waivers and Liability Releases

7.1 Operator Waiver Rights

Operators have the right to require Guests to sign an Activity Waiver — an assumption of risk and liability release agreement — before participating in an Experience. This is standard practice for activity-based businesses and provides important legal protections for Operators. BookInstead supports and encourages the use of well-drafted, legally reviewed Activity Waivers by all Operators.

7.2 Disclosure Requirements

As required by the Listing Standards Policy, any Operator who requires an Activity Waiver must:

Disclose the waiver requirement in the Listing description before the Guest completes their booking.
Provide a link to the full text of the waiver in the Listing so Guests can review it before booking.
Specify whether the waiver will be presented digitally before the Experience or in person at the meeting point.

Operators who present a waiver to a Guest for the first time at the Experience location, without prior Listing disclosure, are in violation of the Listing Standards Policy. A Guest who declines to sign an undisclosed waiver at the Experience location is entitled to a full refund as though the Operator had canceled the Booking.

7.3 Waiver Enforceability

The enforceability of Activity Waivers varies significantly by state. While BookInstead requires Operators to use Activity Waivers, BookInstead makes no representation regarding the enforceability of any specific waiver in any specific jurisdiction. Operators are strongly advised to:

Have their Activity Waiver reviewed and drafted by a licensed attorney familiar with the laws of the state(s) in which they operate.
Ensure waivers are clearly written, unambiguous, and presented in a way that gives the Guest a meaningful opportunity to read and understand them before signing.
Update waivers whenever they expand their Experience offerings or change operating locations.
Retain signed waivers for a minimum of seven (7) years following the Experience date.

Texas law generally permits the enforcement of liability waivers for negligence, but not for gross negligence or intentional misconduct. Operators operating in multiple states must be aware that some states — including Virginia, Louisiana, and Montana — have restrictions on the enforceability of recreational activity waivers. BookInstead cannot guarantee that any waiver will provide the protection the Operator intends.

7.4 BookInstead’s Position on Waivers

BookInstead is not a party to any Activity Waiver between an Operator and a Guest. BookInstead does not review, approve, or guarantee any Operator’s Activity Waiver. The existence of an Activity Waiver between an Operator and a Guest does not limit or release BookInstead from any liability that BookInstead may independently owe to a Guest under applicable law.

By accepting this Safety Policy as part of the booking process, Guests also acknowledge the inherent risks described herein. This acknowledgment, combined with the booking confirmation, constitutes an agreement between the Guest and BookInstead regarding risk allocation for platform-facilitated Experiences. It is separate from and in addition to any Activity Waiver the Guest signs with the Operator.

8. Safety Incident Reporting and Investigation

8.1 Operator Reporting Obligations

As detailed in Section 4.7 of this Policy, Operators must report all Safety Incidents to BookInstead at safety@bookinstead.com within two (2) hours of the incident. BookInstead will:

Acknowledge receipt of the incident report within four (4) hours.
Conduct a preliminary review of the incident within one (1) business day.
Determine whether the incident requires Listing suppression, Operator account review, or escalation to BookInstead’s legal counsel.
Coordinate with the Operator on any Guest communication required by the incident.
Retain a record of the incident report and all related documentation in BookInstead’s incident management system.

8.2 Guest Incident Reporting

Guests who experience a Safety Incident during an Experience — or who witness one — should:

Ensure immediate safety by following Operator staff instructions and emergency protocols.
Contact emergency services (911) directly if there is an immediate threat to life.
Report the incident to the Operator’s on-site staff at the time of occurrence.
Contact BookInstead at safety@bookinstead.com as soon as possible after the incident, providing:
- Their name and booking confirmation number.
- The date, time, and location of the incident.
- A factual description of what occurred.
- Any photos, videos, or witness information available.
- Whether emergency services were contacted and whether a police or EMS report was filed.

Guest incident reports are kept confidential to the extent permitted by applicable law and are used solely for safety investigation, dispute resolution, and platform quality monitoring purposes.

8.3 BookInstead’s Investigation Authority

BookInstead reserves the right to conduct its own investigation of any reported Safety Incident, including:

Requesting incident reports, maintenance logs, safety certifications, and staff credentials from the Operator.
Interviewing Guests and Operator staff involved in the incident.
Retaining an independent safety expert to evaluate the Operator’s safety practices.
Suppressing the affected Listing during the investigation period.
Reporting the incident to relevant regulatory authorities where required by law or where BookInstead has reason to believe a regulatory violation contributed to the incident.

Operators must cooperate fully with BookInstead’s safety investigations. Failure to cooperate is grounds for immediate Listing suppression and account termination.

8.4 Post-Incident Listing Review

Following any Safety Incident resulting in significant Guest injury, BookInstead will conduct a mandatory post-incident listing review before the affected Listing is permitted to accept new Bookings. The Operator must:

Provide a written root cause analysis identifying what caused the incident.
Describe all corrective actions taken to prevent recurrence.
Provide updated insurance documentation and, where applicable, updated safety certifications.
Participate in a video call with BookInstead’s Operator Relations team before reinstatement.

9. Medical Emergencies and Emergency Communications

9.1 Emergency Services

In the event of a medical emergency during an Experience, Operator staff must:

Call 911 (or the local emergency number) immediately for any life-threatening emergency.
Administer first aid and CPR if trained and if emergency services have been dispatched.
Not move a Guest who may have a spinal injury unless they are in immediate danger from the environment.
Keep the Guest calm and warm while awaiting emergency services.
Designate one staff member to meet and guide emergency services to the location.
Not leave an injured Guest unattended under any circumstances.

9.2 Remote and Off-Grid Experiences

For Experiences conducted in remote or off-grid locations where cell phone coverage is limited or unavailable, Operators must:

Carry a satellite communication device (e.g., Garmin inReach, SPOT Messenger) capable of sending an emergency SOS signal.
Disclose in the Listing that the Experience takes place in an area with limited or no cell coverage.
Provide Guests with an emergency contact procedure before departure.
File a float plan or trip itinerary with a designated contact person who will notify emergency services if the group fails to return as scheduled.

9.3 Guest Medical Information

Operators may request that Guests provide relevant medical information before participating in an Experience where such information is reasonably necessary for safety purposes, such as known allergies, heart conditions, or medication use. Operators must:

Handle medical information with confidentiality, sharing it only with staff directly involved in delivering the Experience.
Not use medical information for any purpose other than ensuring participant safety.
Comply with applicable privacy laws in collecting, storing, and disposing of medical information.

10. Third-Party Vendors and Subcontractors

10.1 Operator Responsibility for Third-Party Vendors

Operators are fully responsible for the safety practices, qualifications, and conduct of any Third-Party Vendor they engage in connection with an Experience. This responsibility is not diminished or transferred by the use of a subcontractor. If a Third-Party Vendor causes injury to a Guest, the Operator bears the same liability as if the Operator’s own staff had caused the injury.

10.2 Third-Party Vendor Requirements

Operators must ensure that all Third-Party Vendors engaged in Experience delivery:

Hold all required licenses, permits, and certifications for their specific role.
Carry appropriate insurance coverage for the services they provide.
Are contractually bound by safety and quality standards equivalent to those in these Operator Terms.
Are disclosed to Guests in the Listing where the vendor plays a material role in the Experience.

10.3 BookInstead’s Non-Liability for Third-Party Vendors

BookInstead is not responsible for the safety practices, conduct, or performance of any Third-Party Vendor engaged by an Operator. Third-Party Vendors are not BookInstead contractors, agents, or employees. Any claim arising from a Third-Party Vendor’s conduct must be directed to the Operator and the vendor, not to BookInstead.

11. State-Specific Liability Provisions

Liability rules for recreational activities, assumption of risk, and liability waivers vary significantly by state. The following provisions apply to Experiences conducted in specific jurisdictions where state law imposes additional requirements or modifies the enforceability of liability limitations:

State	Relevant Provision
Texas	Texas law generally upholds liability waivers for negligence in recreational activities (Texas Civil Practice & Remedies Code, Chapter 75 for landowners). Waivers for gross negligence are generally unenforceable. Operators in Texas must comply with the Texas Recreational Use Statute where applicable.
Florida	Florida Statute 744.301 permits liability waivers for minors signed by parents in certain activity contexts. However, Florida courts have inconsistently enforced such waivers. Operators offering Experiences to minors in Florida should obtain specific legal guidance.
California	California Civil Code Section 1668 limits the enforceability of waivers for gross negligence, and California courts apply heightened scrutiny to liability releases. Operators in California should ensure waivers meet California-specific drafting requirements.
New York	New York General Obligations Law Section 5-326 voids liability releases for recreational activities offered to the public at public establishments. Operators in New York must obtain specific legal guidance on waiver enforceability.
Colorado	Colorado has enacted the Ski Safety Act and similar statutes for specific activity types that define the scope of inherent risks. Operators in Colorado should ensure their Listings and waivers align with applicable Colorado recreational liability statutes.
All States	Liability waivers signed by adults on behalf of minors are generally unenforceable in most states. Operators offering Experiences to minors should not rely on parental waivers as a complete liability shield and should consult state-specific counsel.

The state-specific provisions above are provided for general informational purposes only and do not constitute legal advice. All Operators are strongly encouraged to retain a licensed attorney in each state where they operate to ensure their Activity Waivers and safety practices comply with applicable state law. BookInstead makes no representation regarding the legal sufficiency of any specific waiver or safety practice.

12. BookInstead’s Limitation of Liability — Consolidated Statement

THE FOLLOWING IS A CONSOLIDATED STATEMENT OF BOOKINSTEAD’S LIABILITY LIMITATIONS WITH RESPECT TO SAFETY-RELATED MATTERS. IT IS PROVIDED IN ADDITION TO THE LIMITATION OF LIABILITY PROVISIONS IN THE BOOKINSTEAD TERMS OF SERVICE AND OPERATOR TERMS OF SERVICE, WHICH ALSO APPLY.

To the fullest extent permitted by applicable law, BookInstead shall not be liable for:

Any personal injury, bodily harm, illness, emotional distress, disability, or death suffered by any Guest arising out of or in connection with any Experience booked through the Platform.
Any property damage, theft, or loss suffered by any Guest in connection with any Experience.
Any injury or loss arising from an Operator’s failure to maintain required insurance, licenses, certifications, or safety equipment.
Any injury or loss arising from an Operator’s failure to conduct a required Safety Briefing or to enforce Participant Requirements.
Any injury or loss arising from a Guest’s voluntary assumption of inherent risks as described in Section 6.
Any injury or loss arising from weather, environmental conditions, wildlife, natural hazards, or other events beyond the Operator’s control.
Any injury or loss arising from the conduct of Third-Party Vendors engaged by Operators.
Any injury or loss arising from a Guest’s failure to disclose a relevant health condition, follow Operator instructions, or use safety equipment as directed.

BookInstead’s maximum aggregate liability to any Guest for any claim related to a Safety Incident — whether based in contract, tort, strict liability, or any other theory — shall not exceed the BookInstead Service Fee paid by that Guest for the specific Booking in connection with which the claim arises.

These limitations apply regardless of whether BookInstead was advised of the possibility of such damages and regardless of the failure of any essential remedy. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, so the above limitations may not apply to you to the extent prohibited by law.

13. General Provisions

13.1 Policy Updates

BookInstead may update this Safety Policy at any time to reflect changes in platform operations, applicable law, industry safety standards, or experience categories. Material changes will be communicated to registered users and Operators via email at least fourteen (14) calendar days before taking effect.

13.2 Severability

If any provision of this Safety Policy is found invalid or unenforceable by a court of competent jurisdiction, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions will continue in full force and effect.

13.3 Governing Law

This Safety Policy is governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any legal proceeding related to this Policy shall be brought in the state or federal courts of Harris County, Texas, or resolved through binding arbitration as provided in the BookInstead Terms of Service.

13.4 No Waiver by BookInstead

Nothing in this Safety Policy constitutes a waiver of any right BookInstead may have against any Operator, Guest, or third party. BookInstead’s failure to enforce any provision of this Policy in a specific instance does not constitute a waiver of its right to enforce that provision in any future instance.

14. Contact Information

For all safety-related reports, incident notifications, operator compliance inquiries, and safety policy questions:

Safety Incident Reports: safety@bookinstead.com

Operator Compliance: compliance@bookinstead.com

Guest Safety Concerns: support@bookinstead.com

Legal Notices: legal@bookinstead.com

Emergency (during an Experience): Call 911 immediately. Then contact support@bookinstead.com.

Website: www.bookinstead.com

Response Time: Safety incident reports are acknowledged within 4 hours. All other safety inquiries are responded to within 1 business day.