Please read these Terms of Use carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the TripOutside Platform, you agree to comply with and be bound by these Terms of Use.

These Terms of Use (“Terms”) constitute a legally binding agreement (“Agreement”) between you (“you” or “User”) and TripOutside.com LLC (“TripOutside,” “we,” “us,” or “our”) governing your access to and use of the TripOutside website, including any subdomains thereof, and any other websites through which TripOutside makes the TripOutside services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interface (collectively, “Application”) and all associated services (collectively, “TripOutside Services”). Note: Our online community at community.tripoutside.com operates under its own Community Terms of Use and Privacy Policy. Please review those policies before participating in the community.

The Site, Application, and TripOutside Services together are hereinafter collectively, the “TripOutside Platform.” TripOutside provides the TripOutside Platform subject to your compliance with all the terms, conditions, and notices contained or referenced herein, as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. This Agreement includes and hereby incorporates by reference the following: Privacy Policy and Supplier Service Provider Agreement. Except as otherwise provided, a conflict or inconsistency between this Agreement and the Privacy Policy and Supplier Service Provider Agreement, the provision contained in this Agreement shall govern and control.

1. Description of Services

1.1. TripOutside enables users to discover and book outdoor adventures directly with independent outfitters, guides, and instructors (“Suppliers”) who provide the services listed on the Platform. TripOutside itself does not operate or deliver these services. We act as a facilitator, connecting Users with Suppliers and, in limited cases, supporting the booking or payment process. TripOutside is not a party to any agreement between you and a Supplier, and all services are solely provided and fulfilled by the Supplier.

1.2. The TripOutside Platform may contain links to third-party websites, resources and services (“Third-Party Services”). Such Third-Party Services are not owned, operated or controlled by TripOutside and may be subject to different terms and conditions and privacy policies. You acknowledge that TripOutside is not responsible or liable for the accuracy or availability of such Third-Party Services, or any content, products, or services available from the Third-Party Services. Furthermore, links to such Third-Parties do not constitute an endorsement by TripOutside of such Third-Party Services. You are responsible for deciding if you want to access third-party websites and use said links and Third-Party Services at your own risk. You agree that your use of any Third-Party Services via the TripOutside Platform is on an “as is” and “as available” basis without any warranty for any purpose.

1.3. TripOutside does not guarantee the safety, quality, legality, accuracy, or suitability of any experience or Supplier Services listed on the Platform. You are solely responsible for evaluating the experience and determining whether it meets your needs and skill level.

1.4 Due to the nature of the Internet, TripOutside cannot guarantee the continuous and uninterrupted availability or accessibility of the TripOutside Platform. Additionally, from time to time, TripOutside may restrict the availability of the TripOutside Platform to carry out maintenance measures that ensure the proper or improved functioning of the TripOutside Platform or for any other purpose for which TripOutside deems it necessary to restrict availability.

2. Eligibility, User Acknowledgement

2.1. You must be at least eighteen (18) years old and able to enter into legally binding contracts to access and use this site or register for an account. By using this Site, you warrant and represent that you are at least eighteen (18) years of age and have the legal authority to enter into a contract.

3. Assumption of Risk & Release of Liability

3.1.  By using this Website and/or booking or participating in any rental, tour, guided trip, clinic, or lesson through the TripOutside platform, you acknowledge and voluntarily accept that outdoor activities involve inherent risks, including but not limited to hiking, backpacking, rock climbing, kayaking, biking, camping, skiing, snowboarding, rafting, tubing, kiteboarding, surfing, and other human-powered or adventure activities. These risks may result in property damage, serious bodily injury, or even death.

YOU AGREE THAT TRIPOUTSIDE, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND ANY THIRD-PARTY OUTFITTERS, GUIDES, INSTRUCTORS, OR SERVICE PROVIDERS LISTED ON THE PLATFORM SHALL NOT BE LIABLE for any claims, injuries, damages, losses, or expenses arising from your participation in any such activities, whether booked directly or indirectly through the platform.

You further agree to indemnify and hold harmless TripOutside and all affiliated or partner outfitters, guides, instructors, and service providers from any liability, claims, or expenses (including attorneys’ fees) resulting from your use of the platform, participation in activities, or breach of these Terms & Conditions.

3.2. You are solely responsible for ensuring you are physically able and adequately prepared to participate in any experience booked through the Platform. This includes reviewing fitness requirements, obtaining permits or licenses if necessary, bringing appropriate gear, and understanding any risks involved.

4. Modification of These Terms

4.1. Subject to conditions set forth herein, TripOutside may, in its sole discretion, amend this Agreement and the other Terms at any time by posting a revised version on the Site and will provide reasonable advance notice of any amendment that includes a substantial change. Any revision to the Terms will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).

4.2. Your continued use of the Site or the Site Services after the Effective Date of a revised version of this Agreement or of any other Terms of Service constitutes your acceptance of and agreement to be bound by the Terms. In the event of a conflict between this Agreement and the other Terms, this Agreement will control unless the other Agreement explicitly states that it controls. Capitalized terms are defined throughout this Agreement.

5. Registration Data and Privacy

5.1. TripOutside does not currently offer user accounts or user profiles. You may use the Platform to browse, search, and book outdoor adventures without creating an account. In the future, TripOutside may offer account-based features such as trip history, saved favorites, or reviews. If such functionality is added, you will be required to accept any additional terms and conditions related to account creation and data use. For information about how your personal data is collected and used, please refer to our Privacy Policy.

6. Payment of Fees

6.1. TripOutside partners with third-party service providers, including but not limited to Stripe, PayPal, and WeTravel, to facilitate payment processing for certain bookings. In most cases, however, payments are processed directly by the independent outfitter, guide, or service provider (“Supplier”) through their own systems. When you book an experience through TripOutside, you may be redirected or connected to a Supplier’s own booking platform or payment processor, and in such cases, the Supplier is solely responsible for collecting, processing, and refunding payments.

6.2. TripOutside does not guarantee the availability or reliability of third-party payment platforms and disclaims any responsibility for issues related to payment processing, such as delays, failed transactions, fraud, or disruptions in service. These services are provided “AS IS,” and by using them, you may be subject to separate terms and conditions of the applicable third-party payment processor.

6.3. In rare cases where TripOutside does collect payment directly, we may delay booking confirmation until our payment processor has verified the transaction. If a payment fails or is reversed (e.g., due to insufficient funds), TripOutside reserves the right to contact you to collect payment, or to cancel your booking at our discretion.

6.4. TripOutside is not liable for any errors, omissions, or failures by a Supplier or payment processor to collect or refund payments. Any disputes related to payment, refunds, or cancellations must be resolved directly with the Supplier or payment processor handling the transaction.  If you are unsure who processed your payment, please contact [email protected] for assistance in determining the appropriate party.

7. Booking

7.1. You should carefully review the description of any experience you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Supplier has specified in their listing.

7.2. You acknowledge that TripOutside is acting as a booking agent for Suppliers identified in the transaction and that Supplier is the sole issuer of the services (“Supplier Services”). Some Suppliers may require you to sign liability waivers prior to participating in the service that you have purchased from that Supplier through our site. Any waivers executed between you and Supplier are strictly between you and Supplier and in no way creates a contractual agreement between you and TripOutside.

7.3. Any cancellation of reservation(s), denial in access to services or products or forfeiture of money paid as a result of violations of Supplier terms is in Supplier’s sole discretion and outside the scope of TripOutside’s responsibility and authority.

7.4. TripOutside cannot process any cancellations or refunds; all cancellations and refunds must be handled directly with the outfitter/supplier providing the service.  TripOutside and its representatives do not issue refunds or discounts for missed or unused bookings, including those missed for personal reasons or circumstances outside of TripOutside’s control. All refund and cancellation requests must be directed to the Supplier providing the service.

7.5. Suppliers have the ultimate responsibility for the safety of you and your party. In the event that the trip or activity is no longer safe due to any reason, the Supplier has the right to cancel the whole or part of the trip or activity (before or after departure). The Supplier will contact you directly in case of cancellation.

8. Ratings and Reviews

8.1. TripOutside displays reviews and ratings sourced from third-party platforms such as Google, TripAdvisor, Facebook, and others. These reviews are not submitted directly through the TripOutside Platform and reflect the opinions of individuals posting on those external sites. TripOutside does not verify the accuracy of these reviews and is not responsible for their content. In the future, TripOutside may enable users to leave reviews directly on the Platform. If that functionality is added, it will be subject to additional terms and community guidelines regarding posting, moderation, and removal of reviews.

9. Term and Termination

9.1. This Agreement shall be effective for a 30-day term (“Term”), at the end of which it will automatically and continuously renew for a subsequent Term until you or TripOutside terminate the Agreement in accordance with this provision.

9.2. You may terminate this Agreement at any time by sending us an email at [email protected] with “Terminate” in the subject line.

9.3. TripOutside may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. TripOutside may terminate this Agreement without notice in the event (i) you materially breach your obligations under these Terms of Use; (ii) you violate applicable laws, regulations or third party rights; or (iii) TripOutside believes in good faith that termination is reasonably necessary to protect the personal safety or property of TripOutside, its registered users, or third-parties.

9.4. The clauses of these Terms of Use that should reasonably survive termination of the Agreement will remain in effect.

10. Disclaimer

10.1. Should you choose to use the TripOutside Platform, you do so voluntarily and at your sole risk. You agree that some experiences or events or Supplier Services may carry inherent risk, and by participating in those Supplier Services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Supplier Service.

10.2. You agree not to rely on the TripOutside Platform, the TripOutside Platform Services, any information on the Site or the continuation of the Site. The TripOutside Platform and TripOutside Platform Services are provided “AS IS” and on an “AS AVAILABLE” basis. TripOutside makes no express representations or warranties with regard to the TripOutside Platform, the TripOutside Platform Services, or any activities or items related to this Agreement or the other terms of service. To the maximum extent permitted by applicable law, TripOutside disclaims all express and implied conditions, representations, and warranties, including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement.

11. Limited Liability

11.1. To the maximum extent provided by law, you acknowledge and agree that the entire risk arising out of your access to and use of the TripOutside Platform, your participation in any experience or event or use of any Supplier Service or any other interaction you have with other account users whether in person or online remains with you. Neither TripOutside nor any party affiliated with it will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Use, the use or inability to use the TripOutside Platform or any affiliated services.

12. Indemnification

12.1. You agree to release, defend, indemnify, and hold TripOutside and its affiliates, officers, directors, employees, agents and assigns, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your breach of the Terms of Use or policies, (ii) your improper use of the TripOutside Platform or Services, (iii) your interaction with any Supplier, participation in an experience, event or other Supplier Service, including, without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third-party rights.

13. Arbitration Agreement

13.1. TripOutside is committed to engaging in a consumer-friendly dispute resolution process. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of South Dakota before one arbitrator with ten (10) years of active practice in business law. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

13.2. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the provision shall be given full force and effect. Additionally, this provision will survive any termination of these Terms of Use and will continue to apply even if you stop using the TripOutside Platform or terminate your TripOutside account.

14. Governing Law

14.1. This Agreement, the Supplier Service Provider Agreement, and Privacy Policy will be governed by and construed in accordance with the laws of the State of South Dakota, without regard to the conflict of law provisions.

15. General Contract Provisions

15.1. These Terms of Use constitute the entire Agreement between TripOutside and you pertaining the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between TripOutside and you in relation to the access to and use of the TripOutside Platform.

15.2. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without TripOutside’s prior written consent. With 30 days prior notice, TripOutside may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.

15.3. You agree not to misuse the TripOutside Platform, including but not limited to scraping data, using bots or unauthorized automation, impersonating others, or attempting to disrupt or overload our systems. TripOutside reserves the right to suspend or terminate access for violations of these terms.

16. Contact Information

16.1. If you have questions about these Terms of Use or need assistance, you may contact us at [email protected].

Updated March 21st, 2025