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GuideBank – User Terms & Conditions

Effective Date: 11/6/2025
Operator: Rise Beyond Fly Fishing LLC (“Rise Beyond”), a Colorado limited liability company, operating the GuideBank digital marketplace (“GuideBank” or “the Platform”).
Applies To: All anglers, customers, and users who browse, create accounts, or book trips through GuideBank.

1. Acceptance of Terms

By creating a GuideBank account, submitting a booking, or otherwise using the Platform, you agree to these Terms & Conditions (“Terms”), as well as the Privacy Policy and any supplemental policies referenced herein.
If you do not agree, do not use the Platform. Rise Beyond may modify these Terms at any time, and continued use after updates constitutes acceptance.

2. Nature of the Platform

GuideBank is a technology platform only. It provides tools for Users to discover, communicate with, and book independently operated fly shops, outfitters, and guides (“Suppliers”).

Rise Beyond:

  • Does not own, manage, employ, or supervise Suppliers.
  • Does not provide guiding, transportation, lodging, or outfitting services.
  • Does not vet or warrant the skill, licensure, safety record, or insurance of Suppliers.
  • Does not control the conduct of Suppliers, their staff, or other participants.

Users acknowledge that:

  • All contracts for guiding services are formed directly between User and Supplier.
  • Rise Beyond acts solely as a marketplace and payment intermediary.
  • Listings, availability, prices, and trip descriptions are provided entirely by Suppliers.
  • Rise Beyond assumes no duty to inspect, verify, or guarantee Supplier representations.

Nothing in these Terms creates an employment, partnership, joint-venture, or agency relationship between Rise Beyond and any Supplier.

3. Eligibility and Account Responsibility

To use GuideBank, you must:

  • Be at least 18 years old and legally able to enter binding contracts;
  • Provide accurate, complete, and current information at all times;
  • Maintain only one active account per person;
  • Use the Platform for lawful purposes within the United States; and
  • Refrain from falsifying identities, impersonating others, or engaging in fraud, chargebacks, or misuse of payment methods.

Users are responsible for maintaining account confidentiality and for all activity occurring under their credentials.

4. Bookings, Deposits, and Payments

All bookings are subject to Supplier acceptance and these terms:

  1. Deposits: A non-refundable deposit (amount set by Supplier) is required at checkout to confirm a booking. Deposits are processed through Stripe Connect and held in escrow until released to the Supplier in accordance with Platform policy.
  2. Remaining Balance: The balance of the trip price is paid directly to the Supplier on the trip date or as otherwise arranged with the Supplier.
  3. Payment Processing: GuideBank uses third-party processors (e.g., Stripe, PayPal). Rise Beyond does not store full payment credentials and is not responsible for processor downtime, errors, or reversals.
  4. Chargebacks: Users agree not to dispute charges except for verified unauthorized transactions. Unwarranted chargebacks may result in account suspension and liability for processing fees.
  5. Taxes & Fees: Suppliers are solely responsible for collection and remittance of all applicable taxes, licenses, or permits. Rise Beyond may collect its service fees separately.
  6. Currency: All prices are listed and charged in U.S. dollars (USD).

Rise Beyond bears no responsibility for Supplier pricing errors, unavailability, or fulfillment issues.

5. Cancellations, Credits, and Refund Policy

GuideBank operates a no-cash-refund policy.

  1. User Cancellations: Once confirmed, deposits are non-refundable. If a User cancels, the Supplier may, at its sole discretion, offer a rebooking credit valid for 12 months from the original trip date.
  2. Weather, Flows, or Safety: If a trip cannot proceed due to extreme or unsafe conditions (e.g., flood, fire, closure, illness of guide), the User will receive a rebooking credit equal to the deposit amount. Credits are transferable only through written consent of Rise Beyond or the Supplier.
  3. No-Shows: Failure to appear on time forfeits all payments.
  4. Supplier Cancellations: If a Supplier cancels, Rise Beyond will facilitate a rebooking with another Supplier or issue a credit.
  5. Force-Majeure Credits: Credits are the exclusive remedy for cancellations caused by acts of nature, government restrictions, or other events beyond control.
  6. Travel Expenses: Rise Beyond and Suppliers are not responsible for User airfare, lodging, or incidental expenses arising from cancellation or rescheduling.

No portion of payments will be refunded to the User in cash or to a payment card for any reason except as required by law.

6. Assumption of Risk, Release, and Covenant Not to Sue

Fly-fishing, wading, boating, and outdoor recreation involve inherent risks including drowning, hypothermia, wildlife encounters, slipping, tripping, falling, weather exposure, transportation accidents, and equipment failure.

By booking or participating in any trip arranged through GuideBank, you:

  1. Acknowledge that these risks exist and are unavoidable even with reasonable care;
  2. Voluntarily assume all known and unknown risks of injury, illness, death, or property damage;
  3. Release and forever discharge Rise Beyond Fly Fishing LLC, its members, employees, contractors, successors, and affiliates from all liability, claims, demands, actions, or causes of action arising from participation in any guided activity;
  4. Covenant not to sue Rise Beyond or its affiliates for any injury, death, or property loss arising out of or connected with any trip;
  5. Agree to defend and indemnify Rise Beyond from any claims brought by others on your behalf; and
  6. Understand that Suppliers are independent contractors solely responsible for your safety and experience during guided activities.

This assumption of risk and release is intended to be as broad and inclusive as permitted under Colorado law and shall survive termination of these Terms. If any portion is held invalid, the remainder shall remain in full effect.

7. User Conduct and Safety Obligations

Users agree to conduct themselves responsibly and comply with all Supplier instructions and applicable laws.
Prohibited conduct includes but is not limited to:

  • Intoxication or drug use before or during guided trips;
  • Possession of illegal substances, firearms, or weapons;
  • Harassment, abuse, or discrimination against Suppliers or other participants;
  • Vandalism, littering, or destruction of property;
  • Trespassing or access of restricted lands or waters; and
  • Any act endangering the safety of others.

Suppliers may terminate a trip immediately, without refund or credit, for unsafe or inappropriate conduct. Rise Beyond may suspend or permanently ban Users for misconduct.

8. Reviews, Photos, and User Content

Users may post reviews, ratings, photos, or comments (“User Content”).
By submitting User Content, you grant Rise Beyond a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display such content in any media for marketing and operational purposes.

You warrant that you own the rights to the content and that it does not infringe any third-party rights or contain unlawful or defamatory material. Rise Beyond may remove any content at its discretion.

9. Platform Use and Intellectual Property

All software, databases, text, design, and content within GuideBank are owned by Rise Beyond Fly Fishing LLC or its licensors.

Users may not:

  • Copy, scrape, crawl, or collect data from the Platform;
  • Use automated systems or bots to access the Platform;
  • Reverse-engineer, decompile, or disassemble the Platform;
  • Use Platform data to create derivative works or competing services;
  • Train AI or machine-learning systems on any GuideBank data without written consent.

All trademarks, logos, and trade dress of Rise Beyond are protected under U.S. trademark law. Unauthorized use may result in legal action, injunctive relief, and recovery of damages and attorneys’ fees.

10. No Warranty

THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
RISE BEYOND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

  • FITNESS FOR A PARTICULAR PURPOSE,
  • ACCURACY OR RELIABILITY OF DATA,
  • CONTINUOUS OR ERROR-FREE OPERATION, OR
  • SAFETY, QUALITY, OR PERFORMANCE OF ANY SUPPLIER OR ACTIVITY.
    NO ORAL OR WRITTEN INFORMATION FROM RISE BEYOND CREATES A WARRANTY NOT EXPRESSLY STATED HEREIN.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • RISE BEYOND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR PERSONAL INJURY, ARISING OUT OF USE OF THE PLATFORM OR PARTICIPATION IN ANY TRIP;
  • IN NO EVENT SHALL RISE BEYOND’S TOTAL LIABILITY EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT OF THE DEPOSIT PAID BY THE USER FOR THE TRIP IN QUESTION; AND
  • THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW SUCH LIMITATIONS; IN THOSE CASES, RISE BEYOND’S LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless Rise Beyond, its affiliates, members, managers, employees, and contractors from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  1. Your use or misuse of the Platform;
  2. Your participation in any guided activity;
  3. Your breach of these Terms;
  4. Your violation of any law or third-party rights; or
  5. Any claim arising from your negligent, reckless, or intentional conduct.

Rise Beyond reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully.

13. Privacy and Data Protection

GuideBank collects and processes personal data as described in the Rise Beyond Privacy Policy.

Key principles:

  • Compliance: Operations comply with the Colorado Privacy Act (C.R.S. §6-1-1301 et seq.), the California Consumer Privacy Act (CCPA), and applicable U.S. federal standards.
  • Data Collected: Name, contact information, booking details, payment data (via processor), and communications with Suppliers.
  • Use: To facilitate bookings, payments, support, analytics, and fraud prevention.
  • Security: Encryption, secure servers, and limited access.
  • User Rights: Access, correction, deletion, and data-portability requests via privacy@risebeyondflyfishing.com.
  • Retention: Data retained only as long as necessary for business, legal, or compliance purposes.
  • Breach Notice: Users will be notified within 72 hours of any confirmed data breach affecting personal information.
  • Children: GuideBank is not directed to minors under 16, and Rise Beyond does not knowingly collect their data.

Use of the Platform constitutes consent to this processing and to the transfer of data to the United States.

14. Dispute Resolution and Governing Law

All disputes, claims, or controversies arising from these Terms or the use of GuideBank shall be resolved exclusively by binding arbitration under the Colorado Uniform Arbitration Act (C.R.S. §13-22-201 et seq.) in Denver County, Colorado, administered by the American Arbitration Association (AAA) under its Consumer Rules.

  • Each party shall bear its own costs and attorney fees unless otherwise awarded by the arbitrator.
  • Arbitration shall be conducted in English and governed by Colorado law.
  • Users waive participation in any class, collective, or representative proceeding.
  • Either party may seek injunctive relief in Colorado state or federal court to protect intellectual property or confidential information.

15. Force Majeure

Neither Rise Beyond nor any Supplier shall be liable for delay or failure to perform caused by events beyond reasonable control, including weather, flood, fire, acts of God, labor disputes, government orders, war, terrorism, or telecommunications failures.

16. Updates and Termination

Rise Beyond may amend these Terms at any time by posting an updated version. Continued use of the Platform after posting constitutes acceptance.
Rise Beyond may suspend or terminate User accounts for violations of these Terms or applicable law.

17. Electronic Acknowledgment and Legal Compliance

By accessing or using GuideBank, creating an account, or booking a trip, you:

  • Confirm that you have read, understood, and agreed to these Terms;
  • Consent to the jurisdiction of the State of Colorado and the United States for enforcement of these Terms;
  • Acknowledge that your electronic acceptance constitutes a legally binding signature under the U.S. Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq.) and the Colorado Uniform Electronic Transactions Act (C.R.S. §24-71.3-101 et seq.); and
  • Agree that these Terms, combined with the Privacy Policy and any platform-specific policies, represent the entire agreement between you and Rise Beyond.