Operator Agreement
In plain English
You run your business; we introduce guests and handle the payment. Nothing here makes you our employee or gives us a say in how you run a trip.
You keep your licences, permits and insurance current, and you name us as an additional insured. You collect a signed waiver from every participant.
We take commission on the trips we introduce, deducted as the sale settles. Trips you sourced yourself are yours in full, forever.
This summary is here to be read, not to be relied on. The numbered clauses below are what actually binds — where the two seem to disagree, the clauses win, and we would like to know about it so we can fix the summary.
You are an independent business
This agreement is between you and Livabit, Inc.. It does not create an employment relationship, a partnership, a joint venture or an agency.
You decide how your journeys are run, what they cost, who you hire and when you operate. You are responsible for your own taxes, your own staff and your own compliance.
Neither of us may hold the other out as having authority to bind them.
Your listings
You confirm that everything in your listings is accurate — the description, the duration, the group size, the fitness level, the location and the price — and you will tell us promptly when something changes.
You grant us a non-exclusive licence to display your listing text and images on the site and in marketing. You keep ownership, and you confirm you have the right to grant that licence for every image you supply.
We may edit listings for length, clarity and house style, and we may decline or withdraw a listing. We will tell you why.
Licences, permits and safety
You will hold and keep current every licence, permit, certification and registration your activity requires — including land and water access permits, guide certifications and vessel documentation — and you will upload current copies to your dashboard.
You will run every journey to at least the standard of care ordinary in your industry, brief every participant, maintain your equipment, and carry the first aid and communications equipment appropriate to where you operate.
You will tell us within 24 hours of any accident, injury, near miss, regulatory action or insurance claim arising from an journey booked through us. Not to apportion blame — because we cannot help with something we have not been told about.
Confirmed separately when you signI hold the licences, permits and certifications my activity requires, they are current, and I will keep them so.
Insurance
You will maintain commercial general liability insurance appropriate to your activity, together with any professional, marine, vehicle or workers' compensation cover your operation requires, throughout the term of this agreement.
You will name Livabit, Inc. as an additional insured on your general liability policy, and you will provide a certificate of insurance on request and on renewal.
You will tell us before cover lapses, is cancelled, or is materially reduced. Listings may be paused while cover is not in place, and that is not a penalty — it is the condition on which they were live.
Confirmed separately when you signI carry the insurance my activity requires, Livabit is named as an additional insured, and I will not let cover lapse without telling you.
Waivers
You will ensure every participant, or an adult with authority for a minor, has signed a participant waiver before taking part.
Where a guest signs through our site, we make the signed record available to you on your dashboard and keep it for as long as a claim could be brought. Where you collect your own waiver instead, keeping it is yours to do.
A signed waiver is not a substitute for running the activity safely, and neither of us will treat it as one.
Confirmed separately when you signNo participant takes part without a signed waiver, and I will not treat a waiver as a substitute for running the trip safely.
Bookings, payment and commission
Where a guest pays on the site, we collect as merchant of record through Stripe, deduct our commission at the rate agreed with you, and the balance settles to your connected Stripe account under Stripe's own payout schedule. Stripe's processing fee is deducted as part of that settlement.
Commission is charged on trips we introduced. A trip you sourced yourself carries none, ever. Where a guest arrives on a pack or a subscription, commission is charged per session as it is redeemed, at that session's share of what the guest actually paid.
You receive a monthly statement of every trip and every deduction. If a line looks wrong, tell us and we will look — a statement is a record, not a verdict.
You are responsible for refunds under your own cancellation terms and the site's Cancellation and Refund Policy. Where a refund is made, our commission on that booking is reversed with it.
Responsibility and indemnity
You are responsible for the journeys you run. You will indemnify Livabit, Inc. against any claim, loss or cost — including reasonable legal fees — arising from an journey you ran, from your breach of this agreement, or from your failure to hold the licences or insurance described above.
We will indemnify you against any claim arising from our own breach of this agreement or from the way we operate the site.
Neither of us is liable to the other for indirect or consequential loss. Our total liability to you in any twelve-month period is limited to the commission we charged you in that period.
Confirmed separately when you signI accept responsibility for the journeys I run, and the indemnity described above.
Term and ending it
This agreement runs until either of us ends it. You may end it at any time with 30 days' notice; so may we.
Either of us may end it immediately for a material breach that is not put right within 14 days of being told about it. We may suspend listings immediately, without notice, where there is a risk to guest safety, a lapse in insurance, or a regulatory problem — and we will tell you the same day and explain why.
Ending it does not cancel bookings already taken. Those run, and commission on them is still due. The insurance, waiver, indemnity and confidentiality obligations survive.
Governing law
This agreement is governed by the laws of the State of California. Before either of us starts proceedings we will spend 30 days genuinely trying to sort it out, in writing, between the people who actually know what happened.
Typing your name below has the same effect as signing this by hand, and binds the business named on your account.
Confirmed separately when you signI have authority to bind this business, I have read this agreement, and I accept it.
You will be asked to sign this, clause by clause, at the point it applies — a waiver before you pay for an activity that needs one, the operator agreement from your dashboard. A copy of what you signed and the date you signed it is kept on your account.
Governed by the laws of the State of California. Livabit, Inc., hello@livabit.co.