Terms of Use & Conditions

Effective Date: 01.07.2025

These Terms of Use & Conditions (“Terms”) govern your access to and use of Got Barreled (the “Platform”). By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1. About Got Barreled

Got Barreled (“Got Barreled,” “we,” “us,” “our,” or the “Platform”) operates an online marketplace that connects photographers and videographers (“Photographers”) with surfers and other customers (“Customers”) to: (a) purchase surf-related media (photos/videos) and (b) request and book private photo/video sessions (“Bookings”). We are a marketplace and a payment facilitator, not the creator, seller, employer, agent, or insurer of any Photographer, and we do not provide photography services ourselves.

Important: Media sales and Bookings are transactions between Customers and Photographers. The Platform provides tools to list, discover, pay, communicate, and manage those transactions using third-party services such as Stripe for payment processing and (where applicable) payout providers.

2. Eligibility

You must be at least 18 years old (or the minimum legal age in your jurisdiction) to use the Platform. If you are under 18, you may only use the Platform with the involvement and consent of a parent or legal guardian who accepts these Terms on your behalf. You represent that you have the legal capacity to enter into these Terms.

3. Account Registration & Security

You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access or use.

4. Platform Role, Independent Parties

• We are not a party to the contract between Customer and Photographer for media sales or Bookings, except to the extent we process payments and apply Platform fees as described in these Terms.
• Photographers are independent contractors. No agency, partnership, joint venture, employment, or franchisor-franchisee relationship is created between Got Barreled and any user.
• We do not control, and are not responsible for, a Photographer’s actions, omissions, equipment, conduct, schedules, availability, or the outcome of any Booking.
• We do not guarantee that a Customer will locate themselves in media, that media will be captured, that conditions will allow filming/photography, or that any Booking will be accepted or delivered as desired.

5. Safety, Assumption of Risk

Surfing, ocean activities, and on-location photo/video sessions involve inherent risks, including serious injury, property damage, and death. You understand and voluntarily assume all risks arising from: (a) participating in water/ocean activities, (b) attending or arranging a Booking, and (c) traveling to or being present at any location associated with a Booking. You are responsible for your own health, safety, skill level, decisions, and compliance with local rules and conditions (including surf etiquette, weather warnings, beach closures, permits, and local laws).

Got Barreled is not responsible for accidents, injuries, medical costs, rescues, theft, loss of equipment, or any incident occurring during or in connection with a Booking or surf session, whether involving a Photographer, Customer, or third party.

6. Content Standards & Restrictions

The Platform is focused on surf and surf culture. We may remove content that we believe violates these Terms or applicable law, or that is inappropriate, misleading, unsafe, or not aligned with the Platform’s purpose.

• Do not upload content you do not have rights to use and sell.
• Do not upload unlawful, harassing, hateful, or exploitative content.
• Do not upload content that violates privacy, publicity, or data protection laws.
• Photographers must obtain all necessary consents, permits, and releases for identifiable individuals and locations where required by law.

7. Media Ownership, Licences, Consents

• Photographers retain ownership of their uploaded media, subject to the licences granted in these Terms.
• By uploading content, Photographers grant Got Barreled a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, distribute (through the Platform), promote, and market the content for operating and improving the Platform.
• Photographers represent and warrant they have obtained all rights and permissions necessary to upload and sell the content (including model releases and any required consents for identifiable people).
• If an identifiable person requests removal and we determine the request is valid, we may remove or restrict access to content. We may also request supporting documentation from Photographers.

8. Customer Licence for Purchased Media

When you purchase media through the Platform, you receive a personal, non-exclusive, non-transferable, non-sublicensable licence to use the media, subject to these Terms and any additional restrictions shown at purchase.

• Allowed use: personal use and use on your personal social channels, personal brand, and small-business promotion (unless prohibited by the listing or applicable law).
• Not allowed without separate permission: resale, redistribution, sublicensing, stock licensing, mass merchandising, corporate advertising campaigns, editorial/news use by media organizations, or any large-scale commercial use.
• If you need broader commercial rights, you must obtain a separate licence directly from the Photographer.
• You may not remove watermarks, metadata, or copyright notices, or use tools or services to do so.

9. Payments, Fees, Taxes, Payouts

Payments are processed by third-party processors (including Stripe). By using the Platform, you agree to comply with the applicable payment processor terms and policies. We are not responsible for the acts or omissions of payment processors or payout providers.

• Fees: Platform fees and service fees may apply and will be disclosed at checkout or in the applicable flow. Fees may differ between media purchases and Bookings, and may change over time as permitted by law.
• Bookings fee model (current): For Bookings, the Platform applies a total fee of 15%, which is currently implemented as: Customer pays an additional 7.5% service fee, Photographer receives a 7.5% deduction from the package price, and the Platform retains 15% total. The final breakdown shown at checkout controls.
• Taxes: Users are solely responsible for determining and paying any taxes, duties, or reporting obligations that apply to them. Photographers are responsible for any tax on their earnings.
• Payouts: Photographer payouts may be processed via Stripe, Wise, bank transfer, or other methods we support. Payout timing is not guaranteed and may be subject to holds, verification, disputes, refunds, chargebacks, fraud checks, compliance checks, or payout provider processing times.
• Set-off: To the extent permitted by law, we may offset amounts owed to us (including fees, refunds, chargebacks, penalties, or losses caused by your breach) against amounts otherwise payable to you.
• Accurate details: You are responsible for keeping payout and payment details accurate. We are not liable for delays or losses caused by incorrect details you provide.

10. Bookings: How They Work (Key Terms)

The Platform offers a private session booking system where Photographers may list “packages” (duration, pricing, delivery timeframes, availability rules). By requesting a Booking, you agree to the following:

• Slot holds: Time slots may be temporarily reserved while you check out. A reservation does not guarantee a confirmed Booking.
• Authorization hold: Booking payments use a “manual capture” flow. At checkout, your payment method may be authorized (a hold). The Booking is created only after Stripe confirms authorization.
• Photographer approval required: Bookings start as pending approval. The Photographer may accept or decline. If declined, the authorization is released (timing depends on your bank/issuer).
• Approval deadlines: If a Booking is not approved within the approval window shown in the Platform (currently up to 5 days), it may be auto-declined and the hold released.
• Session proximity rule: If a Booking remains unapproved close to the session time (for example, within 10 hours), it may be automatically cancelled to prevent last-minute uncertainty.
• Capture on approval: If approved, the Platform captures the payment and the Booking becomes confirmed.
• Delivery & acceptance: Photographers deliver media through the Platform. Customers may approve or dispute within the window shown in the Platform. If no action is taken, the Booking may be auto-approved after a set period (for example, 3 days), after which payouts may proceed.
• Late delivery policies: Late deliveries may trigger warnings, partial penalties, or refunds depending on the policy shown for the Booking and the circumstances.
• Rescheduling: Either party may request a reschedule through the Platform. A reschedule is not confirmed until accepted and an available slot is secured.

Important: We may operate automated rules and background checks to enforce deadlines, release holds, prevent double-booking, and keep the Booking lifecycle synchronized with payment status. We do not guarantee uninterrupted availability of Booking features.

11. Bookings: Cancellations, Refunds, Disputes

Booking cancellation and refund eligibility depends on Booking status, timing, and the policies shown in the Platform at the time of booking. You agree that:

• Before approval: If a Booking is pending approval, a Customer may be able to cancel and the authorization may be released.
• After approval: Cancellations may be subject to partial or no refunds depending on timing and the stated policy.
• Chargebacks: If you initiate a chargeback, we may suspend your account and we may require additional information. Chargebacks may result in fees, losses, and reversals that may be passed on to the responsible user to the extent permitted by law.
• Disputes: Customers may dispute delivered work within the dispute window shown in the Platform. Disputes may be resolved by the parties, through Platform tools, or through payment processor processes. We may decide (but are not obligated) to review information provided by both sides and may process refunds where appropriate and permitted.
• Third-party processor controls: Stripe and card networks may make determinations that affect refunds, reversals, and holds. We are not responsible for their decisions.

12. Marketplace Refunds (Media Purchases)

Due to the digital nature of media, media purchases are generally final unless required by applicable law. We may issue refunds at our discretion in limited cases (for example, duplicate charges, technical delivery failures, or fraud) subject to verification. Nothing in these Terms limits your non-excludable rights under applicable consumer laws.

13. Prohibited Conduct

• Uploading or selling content without rights, consents, or licences.
• Harassment, threats, hate, or unlawful behavior.
• Attempting to bypass fees or payment flows, or taking transactions off-platform to avoid fees (where prohibited by law).
• Misuse, scraping, hacking, reverse engineering, or disrupting the Platform.
• Downloading, extracting, or attempting to remove watermarks or security measures from preview media.
• Providing false information, impersonation, or fraudulent activity.

14. Intellectual Property (Platform)

Got Barreled and its licensors own all rights in the Platform, including software, designs, logos, trademarks, and content we create. Except for the limited rights expressly granted to you, nothing in these Terms transfers any ownership rights to you.

15. Copyright & Takedown Notices

We respect intellectual property rights. If you believe content on the Platform infringes your copyright, contact us at contact@gotbarreled.com with sufficient details to identify the content and your rights. We may remove or disable access to content at our discretion and as required by applicable law, including under the DMCA for eligible notices.

16. Disclaimers

To the fullest extent permitted by law, the Platform is provided “as is” and “as available.” We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Platform will be uninterrupted, secure, error-free, or that defects will be corrected.

We do not endorse or guarantee any Photographer, any listing, any content, any Booking outcome, or any user’s identity, conduct, or quality. You use the Platform and engage with other users at your own risk.

17. Limitation of Liability

To the fullest extent permitted by law, Got Barreled (including our owners, directors, employees, contractors, affiliates, and partners) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunities, or anticipated savings arising out of or related to: (a) your use of the Platform, (b) any media content, (c) any Booking, (d) any interaction with another user, or (e) third-party services.

To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or related to these Terms or the Platform will not exceed the greater of: (i) the fees we retained from the specific transaction giving rise to the claim, or (ii) AUD $100.

Consumer rights: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under applicable law (including the Australian Consumer Law, and mandatory consumer protections that may apply in the EU/EEA or other jurisdictions).

18. Indemnification

You agree to indemnify, defend, and hold harmless Got Barreled from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform, (b) your content or listings, (c) your Booking, (d) your breach of these Terms, (e) your violation of any law or third-party rights (including privacy, publicity, copyright), or (f) your interaction with another user.

19. Third-Party Services & Links

The Platform relies on third-party services (including Stripe, email providers, hosting, analytics, and payout providers). We are not responsible for third-party services, their downtime, errors, policies, or actions. Third-party links are provided for convenience and do not imply endorsement.

20. Privacy & Data

Our collection and use of personal information is described in our Privacy Policy. You acknowledge that third parties (such as payment processors) may process your data under their own terms and privacy policies. You are responsible for securing your devices, accounts, and internet connection.

21. Suspension, Termination, Content Removal

We may suspend or terminate your account, remove content, restrict features, or refuse service at any time if we believe you violated these Terms, posed a safety or legal risk, engaged in fraud, attempted chargeback abuse, or if required by law. Termination does not affect accrued rights or obligations and sections intended to survive will survive.

22. Force Majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, severe weather, ocean conditions, internet or hosting outages, strikes, war, terrorism, government actions, epidemics, and failures of third-party services.

23. Dispute Resolution, Arbitration, Class Waiver

To the extent permitted by law, any dispute arising from or relating to these Terms or the Platform will be resolved on an individual basis. Class actions, class arbitrations, and representative actions are not permitted where legally allowed.

Australia and most jurisdictions: You agree that disputes will first be raised with us in writing, and both parties will try in good faith to resolve the dispute informally. If unresolved, disputes may be brought in the courts described in Section 24, unless mandatory laws require otherwise.

United States residents (arbitration): If you are a resident of the United States, you agree (to the extent permitted by law) that disputes will be resolved by binding arbitration on an individual basis, and you waive the right to a jury trial and class actions. Either party may still bring an individual claim in small claims court if eligible. The arbitration administrator and rules will be specified in the applicable notice we provide (or as otherwise required by law).

24. Governing Law & International Use

These Terms are governed by the laws of Australia, without regard to conflict of laws rules, and subject to mandatory consumer protections that may apply in your country. We operate and sell to users in multiple regions including Australia, Europe (including EU/EEA), Morocco, Indonesia, Sri Lanka, and the United States. You are responsible for complying with local laws and regulations that apply to you, including permits, beach rules, drone/camera restrictions, and tax rules.

If you are a consumer and mandatory laws in your jurisdiction provide you the right to bring disputes in your local courts or under local consumer protections, those rights are not excluded by these Terms.

25. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms on this page and update the effective date. Your continued use of the Platform after changes become effective constitutes acceptance of the updated Terms, to the extent permitted by law.

26. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

27. Contact Us

For questions, support, or legal notices, contact us at contact@gotbarreled.com.