Way | Legal Agreements

Last Updated: May 01, 2023

PLEASE READ THESE SUPPLEMENTAL TERMS FOR CURATED HOSTS (THESE “TERMS”) CAREFULLY. THESE TERMS SET FORTH THE TERMS AND CONDITIONS UPON WHICH HOSTS RECRUITED BY WAY FOR CURATED EXPERIENCES (“CURATED HOSTS” OR “YOU”) MAY ACCESS AND USE THE PLATFORM.  THESE TERMS SHALL SUPPLEMENT THE TERMS OF SERVICE AGREEMENT FOUND HERE: https://way.co/legal (THE “GENERAL TERMS”).  BY USING THE PLATFORM IN ANY WAY, CURATED HOSTS AGREE TO BE BOUND BY THESE TERMS AND THE GENERAL TERMS.  THE “AGREEMENT” MEANS THESE TERMS AND THE GENERAL TERMS.  ANY CAPITALIZED TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANING GIVEN TO THEM UNDER THE GENERAL TERMS. IN THE EVENT OF ANY CONFLICTING TERMS BETWEEN THESE TERMS AND THE GENERAL TERMS, THESE TERMS SHALL PREVAIL.

1. PLATFORM.

1.1. The Platform is an online software platform that enables certain third parties such as hotels, resorts, retail brands, and media companies, who have contracted with Way (“Brands”) to create, manage, curate, and sell activities, services, excursions, adventures (“Experiences”) hosted by individuals (the “Hosts”) to other individuals or groups of consumers (“Participants”) who wish to partake in the Experiences. Hosts, Brands, and Participants may collectively be referred to as the “Users”. As part of the services provided by Way to certain Brands, Way will create and curate new Experiences to be offered exclusively to the Brand (“Way Curated Experiences”) for Brand’s guests, clients and customers. Curated Hosts shall be providing services to Brands and Participants in connection with these Way Curated Experiences.

1.2. Access to Platform. Way will provide Curated Hosts with access to the Platform for the term of the Agreement solely to arrange the bookings of the Way Curated Experience.

2. SUBVERTING THE PLATFORM.

2.1. The Curated Host acknowledges and agrees that the value of the Platform is in providing these exclusive Way Curated Experiences and introducing Curated Hosts to Brands. It is a material breach of this Agreement to arrange for the sale of your services, or the payment of fees from, Brands or Participants outside the context of the Platform for the purposes of circumventing any obligation by a User to pay Way’s fees.

2.2. The Platform may not be used to solicit for any business, website or services, other than in connection with the Way Curated Experience. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Way Curated Experience facilitated through the Platform.  You may not use the Platform to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of Company.

3. CURATED HOSTS SERVICES.

3.1. Any terms and conditions included in your Experience listing submitted to Brands must not conflict with these Terms.

3.2. When you accept a booking by a Participant or Brand, you are entering into a legally binding agreement with the Participant or Brand and are required to provide the Experience to the Participant as described.

3.3. You are responsible for the Experiences that you either submit, list and/or provide to Brands.

3.4. You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials necessary to host your Experience, unless otherwise agreed with Brand. You are solely responsible for ensuring that the items used in your Experience are in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to these items.

3.5. You are solely responsible for determining your obligations to report, collect, remit or include in your fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

4. PAYMENT.

4.1. Way is not responsible for the payment of any fees to you in connection with the Way Curated Experiences. You shall contract directly with Brands and/or Participants regarding the payment of fees. Way is not a party to that contract.

5. Entire Agreement.

5.1. This Agreement constitutes the entire agreement between you and Way. If you enter into an agreement with any Brand, the Way will not be a party to such agreement. You represent and warrant that the terms of any such agreement between you and a Brand shall not conflict with the terms of this Agreement.