Splash Weird Terms of Service
These Terms of Service (“Terms”) govern your access to and use of Splash Weird, including our website, booking flows, provider tools, guest checkout, customer support channels, text messaging, and voice communications (collectively, the “Platform”). By using the Platform, you agree to these Terms.
1. Who we are
Splash Weird is a marketplace and booking platform for water experiences, rentals, and related services. Depending on the listing, Splash Weird may act as a marketplace operator, booking facilitator, merchant of record for certain charges, or direct operator of certain offerings. The specific provider of a listing may be Splash Weird, an affiliate, or an independent third-party provider.
2. Eligibility
You must be legally able to enter into a binding agreement and use the Platform in compliance with applicable law. You may not use the Platform for any unlawful, fraudulent, abusive, unsafe, or unauthorized purpose.
3. Accounts and account information
You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for activity under your account and for safeguarding your login credentials. We may suspend or terminate accounts that contain false information, create safety concerns, violate these Terms, or interfere with the Platform.
4. Listings, availability, and booking requests
Listings, pricing, capacity, departure points, availability, weather conditions, operating rules, and provider approval requirements may change. Submitting a request, inquiry, or payment step does not guarantee final confirmation unless and until the booking is accepted or otherwise shown as confirmed on the Platform.
We may place temporary inventory holds, payment-session holds, or timing limits during checkout to reduce double-booking and protect availability.
5. Payments, fees, deposits, and refunds
By submitting payment information, you authorize applicable charges for bookings, service fees, taxes, deposits, add-ons, incidentals, or other disclosed amounts. Some charges may be processed by third-party payment providers.
Service fees and similar platform fees are generally non-refundable unless required by law or expressly stated otherwise. Refund eligibility for bookings may depend on the listing terms, provider rules, weather determinations, chargeback outcomes, fraud review, or other safety and operational factors. Damage deposits or authorization holds may be collected, adjusted, retained, or released based on the booking terms and post-trip review.
6. Independent providers and marketplace role
Many listings are offered by independent providers, who are responsible for the accuracy of their listings, the condition and legal operation of their vessels or equipment, staffing, insurance, licenses, local compliance, and service delivery. Splash Weird may screen, onboard, or support providers, but does not guarantee the conduct, quality, safety, legality, or availability of any independent provider.
7. Safety, operator responsibility, and compliance
You agree to follow all safety instructions, capacity limits, alcohol and drug rules, navigation rules, launch and dock rules, and applicable federal, state, and local laws. Operators and participants must meet all age, licensing, boater education, and identification requirements that apply to the booking.
We may require identity verification, age verification, waivers, emergency contact details, boater education documentation, or other compliance steps before allowing booking completion, check-in, or participation. Providers may also require ID checks or additional attestations at check-in.
8. Assumption of risk
Water activities involve inherent risks, including injury, disability, death, property damage, weather changes, equipment issues, collisions, wakes, wildlife, and acts of third parties. To the fullest extent permitted by law, you knowingly assume the inherent risks of participating in water-based activities and agree that you are responsible for choosing whether conditions are appropriate for you and your group.
9. Cancellations, weather, delays, and force majeure
Cancellation and weather outcomes may depend on the listing, provider policy, safety conditions, government restrictions, lake conditions, staffing, mechanical issues, and other circumstances outside our control. We may delay, reschedule, modify, or cancel a booking when necessary for safety, legal compliance, vessel readiness, severe weather, or operational reasons.
10. Communications, SMS, and voice calls
By providing your phone number or calling us, you consent to receive transactional calls and texts related to your account, verification, bookings, reminders, support, and operational updates. Where required by law, we will seek any additional consent needed for marketing messages.
Message frequency may vary. Message and data rates may apply. Reply STOP to opt out of text messages and HELP for help. Opting out of transactional texts may limit our ability to provide booking updates, security codes, or support communications.
Calls may be recorded or monitored for quality assurance, training, fraud prevention, dispute resolution, and operational support, subject to applicable law.
11. User content and feedback
If you submit reviews, photos, messages, support inquiries, suggestions, or other content, you grant Splash Weird a non-exclusive, worldwide, royalty-free license to use, host, reproduce, adapt, publish, and display that content for operating, improving, promoting, and protecting the Platform, subject to our Privacy Policy and applicable law. You represent that you have the necessary rights to submit the content.
12. Prohibited conduct
You may not: (a) violate any law; (b) provide false, misleading, or fraudulent information; (c) attempt to bypass platform fees or complete off-platform transactions that originated through the Platform in violation of platform rules; (d) interfere with availability systems, security features, or rate limits; (e) scrape, copy, frame, or reverse engineer the Platform except as allowed by law; (f) upload malicious code; (g) harass, threaten, discriminate against, or endanger others; or (h) use the Platform in a way that damages Splash Weird, providers, customers, or third parties.
13. Third-party services
The Platform may rely on or integrate with third-party services such as payment processors, identity verification tools, maps, analytics, messaging, voice, hosting, or email providers. Those services may be governed by their own terms and privacy notices.
14. Intellectual property
The Platform, including our branding, design, text, graphics, software, and content, is owned by Splash Weird or its licensors and is protected by intellectual property laws. Except for limited rights to use the Platform as permitted by these Terms, no rights are granted to you.
15. Disclaimer of warranties
To the fullest extent permitted by law, the Platform is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, or uninterrupted availability. We do not warrant that the Platform will be error-free, secure, or available at all times.
16. Limitation of liability
To the fullest extent permitted by law, Splash Weird and its affiliates, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business opportunities, arising out of or relating to the Platform, bookings, provider conduct, participant conduct, or these Terms.
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Platform or these Terms will not exceed the greater of (a) the amount you paid to Splash Weird for the booking or service giving rise to the claim in the 12 months before the event, or (b) US $100.
17. Indemnity
You agree to defend, indemnify, and hold harmless Splash Weird and its affiliates, officers, employees, contractors, and agents from and against claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Platform, your breach of these Terms, your content, your violation of law, or your negligence or misconduct.
18. Termination
We may suspend, limit, or terminate access to the Platform at any time if we believe it is necessary for safety, legal compliance, fraud prevention, operational integrity, or enforcement of these Terms.
19. Governing law
These Terms are governed by the laws of the State of Texas, without regard to conflict of laws rules, except to the extent superseded by applicable federal law. Any dispute arising out of or relating to these Terms or the Platform shall be brought in the state or federal courts located in Travis County, Texas, unless applicable law requires otherwise, and you consent to personal jurisdiction in those courts.
20. Changes to these Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised effective date. Your continued use of the Platform after the updated Terms become effective constitutes your acceptance of the revised Terms.
21. Contact
Questions about these Terms can be sent through the contact methods listed on Splash Weird.