Team Members Terms

These Team Member Terms, which are an addition to FishingBookers's Standard Terms of Use, represent a legal agreement ("Agreement") between you, either an individual or a single legal entity ("You" or "you"), and FishingBooker, Inc., which has its registered Office address at 101 West Main Street, Suite 101, Norfolk, 23510 Virginia (collectively, "the Company", "we", or "us"), which operates FishingBooker Direct online services, available on the Platform. You and FishingBooker are each a "Party" and collectively the "Parties". This Agreement governs the use of Team Member feature

Please read this Agreement carefully. You must agree to this Agreement before you can use the FishingBooker Direct Platform.

IF YOU DO NOT AGREE WITH THIS AGREEMENT OR DO NOT HAVE THE AUTHORITY TO AGREE WITH IT, YOU MUST NOT ACCEPT THIS AGREEMENT.

Team Member is a feature available through the FishingBooker Platform that allows Vendors to invite their team members to collaborate on and access their FishingBooker accounts. Your use of the Team Member feature is subject to your acceptance of these Team Member Terms, which are an addition to the FishingBooker General Terms (https://fishingbooker.com/pages/terms) , General Privacy Policy (https://fishingbooker.com/pages/privacy) , Content Terms (https://fishingbooker.com/pages/content_terms), and Vendor-Specific Terms (https://fishingbooker.com/pages/vendor_terms) (collectively, the " Terms").

YOU UNDERSTAND AND AGREE THAT FISHINGBOOKER IS NOT A PARTY TO ANY AGREEMENT OR RELATIONSHIP BETWEEN A VENDOR AND ANY TEAM MEMBER. ANY RELATIONSHIP BETWEEN A VENDOR AND A TEAM MEMBER IS INDEPENDENT OF FISHINGBOOKER AND IS ENTERED INTO AT THEIR OWN DISCRETION.

The use of this feature does not, under any circumstances, create an employment or agency relationship between FishingBooker and any Vendor or Team Member. Any services provided by FishingBooker are strictly limited to those expressly set out in this agreement and the applicable Terms of Service and policies, and do not extend beyond what is explicitly provided therein. FishingBooker is not obligated to mediate disputes between Vendors and Team Members and has no control over, and disclaims all liability arising from or related to, the conduct, acts, or omissions of Vendors or Team Members in connection with their relationship, to the maximum extent permitted by law.

Definitions

By "FishingBooker/us/we/our", we mean the features and services we make available, through our Platform - including the website fishingbooker.com (https://fishingbooker.com), the FishingBooker for Captains and the FishingBooker for Customers mobile applications and any other branded or co-branded websites (including sub-domains, international
By "Vendor/Charter operator/Guide/", we mean the person, agency, or company responsible for delivering and managing fishing trip services rendered through our platform.
By "User(s)/you", we mean any person, agency, or company advertising or using any of the services provided on the FishingBooker platform.
By "Team Member" , we mean an individual who is part of a Vendor's charter or guide operation and who has been invited to the Platform and has accepted such invitation with the permissions granted.

Independent relationship

The relationship between a Team Member and FishingBooker is that of an independent individual or entity and not that of an employee, agent, joint venturer, or partner of FishingBooker. FishingBooker does not direct or control a Team Member's services, a Team Member does not provide services to FishingBooker, and FishingBooker does not engage a Team Member to provide any services. Further, subject to any agreement between a Team Member and a Vendor, a Team Member has complete discretion whether and when to provide services to a Vendor, and on what terms, if any.

Adding and managing Team Members

set the Team Member's role;
enter the Team Member's first and last name;
assign the Team Member to one or more Listings;
set the Team Member's permissions; and
provide the Team Member's email address.

Once an invitation is sent, the Team Member will not be added to the selected Listings unless and until the Team Member accepts the invitation.

At any time, a Vendor may edit an existing Team Member added to the Vendor's account by:

changing the Team Member's name;
changing the Team Member's photo;
changing the Team Member's role;
changing the Team Member's assigned Listings; and
changing the Team Member's permissions.

A Vendor has the right to remove a Team Member from a Listing at any time. FishingBooker does not control such actions and shall not be liable for any consequences arising from a Vendor's removal of a Team Member.

FishingBooker reserves the right to further develop this feature and to add, amend, or expand the options available within this portal to Vendors and Team Members.

Team Member Rights and Obligations

The relationship between a Vendor and a Team Member is independent of and separate from FishingBooker, and FishingBooker is not a party to that relationship.

A Team Member has the right to accept or decline an invitation sent by a Vendor.

A Team Member may revoke acceptance of an invitation at any time and remove themselves from a Vendor's account. The Team Member acknowledges that the Vendor may, at any time, remove the Team Member from all or any listing.

Team Member Permissions

At any time, a Vendor may edit an existing Team Member added to the Vendor's account by:

No Permissions:In this mode, the Team Member is added to the Vendor's account and assigned to Listings for functional or visibility purposes only, without access to management features.
Permissions: In this mode, the Team Member may be allowed to view the Calendar and upcoming Bookings, but will not have the ability to manage, modify, or take action on such Bookings.

FishingBooker reserves the right to add, modify and change types and levels of permissions without previous notice. We'll give our

Vendor's Rights and Obligations

A Vendor has the right, at its sole discretion, to invite a Team Member to or remove a Team Member from the Vendor's account and may revoke a Team Member's access at any time; a Team Member may be added to a Vendor's account only upon invitation by the Vendor.

In the event that a Vendor removes a Team Member from its account, or requests that FishingBooker remove a Team Member from the Vendor's account, FishingBooker is obliged to honor such request.

A Vendor is responsible for ensuring that any Team Member it invites is of legal age and does not misuse this feature.

The Vendor, as the owner of and the individual or entity behind the profile and listing, is ultimately responsible for the actions of its Team Members and for any obligations incurred by such Team Members prior to their termination or removal.

The Vendor acknowledges and agrees that, by adding a Team Member, such Team Member may be publicly presented on the listing and may be mentioned or referred to by customers through instant messages, direct outreach, and reviews.

The Vendor is solely responsible for keeping Team Member information up to date.

Updates

FishingBooker reserves the right to modify these Team Member Terms at any time in accordance with the applicable Terms of Service and to change or discontinue the Team Member features (or any portion thereof) at any time. To comply with legal or regulatory requirements, FishingBooker may add, remove, limit, or modify the functionality of any feature available to Vendors and Team Members at any time.

Indemnification

In addition to any indemnification obligations set out in the Terms of Service, you agree to release, defend, indemnify, and hold harmless FishingBooker, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with: (i) your use of the Team Member features or any services provided to or by a Vendor or Team Member through the platform; or (ii) your misrepresentations, breach of this agreement, breach of any agreement between a Vendor and a Team Member, or any disputes with third parties, including Vendors, Team Members, or other authorized users.

Disclaimers

If you choose to use the Team Member features or engage in any relationship or services with a Vendor or Team Member, you do so at your sole risk. The Team Member features are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, FishingBooker disclaims all warranties, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

You acknowledge that you have had the opportunity to conduct any investigation you deem necessary into the Team Member features, Vendors, Team Members, and any applicable laws, rules, or regulations. You are solely responsible for all communications, interactions, and agreements between Vendors and Team Members. FishingBooker does not verify the statements or conduct of Vendors or Team Members and has no obligation to review, supervise, or monitor any Vendor, Team Member, or their relationship.

Limitation of Liability

FishingBooker is not responsible for any damage, loss, or harm arising from interactions, agreements, or disputes between Vendors and Team Members. By using the Team Member features or the platform, you agree that any legal remedy or liability you seek for the acts or omissions of a Vendor, Team Member, or other third party will be limited solely to a claim against the party responsible for such acts or omissions. You agree not to seek to impose liability on, or pursue any legal remedy against, FishingBooker in connection with such matters.

Severability

If any provision of these Team Member Terms is held to be invalid, void, or unenforceable, such provision will be deemed severed and shall not affect the validity or enforceability of the remaining provisions.

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