Draft — to be reviewed by counsel

Terms of Service

Wave Boating LLC · Wave Boaters · Last updated November 2, 2026

These Terms of Service (the "Terms") are a binding agreement between you and Wave Boating LLC ("Wave," "we," "us," or "our"), which operates the Wave Boaters mobile app, the website at waveboaters.com, and related services (together, the "Platform"). By creating an account, applying for membership, or using the Platform, you agree to these Terms and to our Member Code of Conduct. If you do not agree, do not use the Platform.

Please read Section 16 carefully. It describes how disputes may be resolved, and, if adopted, includes an agreement to arbitrate and a waiver of class actions.

1. Wave is a marketplace only

Wave provides an online platform that helps members find and connect with each other, including boat owners, guests, captains, crew, and brands and service partners. Wave acts only as a marketplace and communication conduit.

Wave does not own, operate, manage, captain, crew, charter, rent, inspect, or control any vessel, trip, event, or service listed or arranged through the Platform. Wave is not a vessel operator, charter company, livery, travel agent, or common carrier, and Wave is not a party to any agreement between members, including any charter, rental, hosting, crew, or service arrangement. Any trip or service is provided solely by the member who offers it.

Features such as verification badges, document review, ratings, and applicant review are offered as a convenience to help the community. They are not a guarantee, endorsement, certification, or warranty of any member, vessel, credential, or trip, and they do not make Wave responsible for any member's conduct or compliance.

2. Eligibility and membership

• You must be at least 18 years old to create an account or use the Platform. You must be at least 21 years old to possess or consume alcohol on any trip, and you must follow all alcohol laws that apply.
• Membership is by application. Wave may approve, waitlist, or decline any application, or ask for more information, at its discretion and in accordance with applicable law.
• You may not use the Platform if you are barred from doing so under applicable law, or if Wave has previously removed you.
• If you use the Platform on behalf of a business, you confirm that you are authorized to bind that business to these Terms, and "you" includes that business.

3. Your account

You agree to give accurate, current, and complete information, including your identity, role, vessel details, and credentials, and to keep it up to date. You are responsible for everything that happens under your account and for keeping your login secure. Tell us promptly if you believe your account has been compromised. You may not create more than one account, impersonate anyone, or transfer your account to someone else.

4. Owners, captains, crew, and partners

Owners, captains, crew, and partners are independent parties. They are not employees, agents, joint venturers, or partners of Wave. If you offer a vessel, trip, crew services, or any other service through the Platform, you are solely responsible for it, including:

• Vessels: seaworthiness, maintenance, required safety equipment, state registration or federal documentation, and any required U.S. Coast Guard inspection and Certificate of Inspection.
• Licensing: making sure every trip carrying passengers for hire is operated by a captain holding the appropriate, current U.S. Coast Guard credential for the vessel, route, and number of passengers, and that any crew are properly qualified, including any required drug and alcohol testing programs.
• Charter structure: making sure any charter, rental, or bareboat arrangement is genuine and lawful, and that you do not carry passengers for hire in violation of federal or state law, including through "split the cost" arrangements that are actually paid trips.
• Insurance: maintaining insurance appropriate for your vessel and activities, including liability coverage and any coverage required for commercial or charter use.
• Permits: obtaining any business, livery, rental, or other permits and licenses required where you operate, such as state vessel livery requirements and local docking, anchoring, and park rules.
• Taxes: reporting and paying any taxes that apply to your earnings or services.
• Accuracy: making sure your listings, credentials, documents, and descriptions are truthful and current.

Wave may require owners to submit registration, insurance, or other documents before hosting trips, and may require a verified, appropriately licensed captain for paid charters. Uploading documents does not shift any of your responsibilities to Wave. Owners who are not verified may be limited in what they can do on the Platform.

5. Compliance with laws

You agree to follow all applicable laws and regulations when using the Platform and taking part in any trip, including federal, state, and local laws, U.S. Coast Guard regulations, boating safety and education requirements, navigation rules, environmental and wildlife protections (including manatee and seagrass protection zones), alcohol laws, and the laws of the state and waters where the trip takes place. Boating rules vary by state and location. It is your responsibility to know and follow the rules that apply to you.

6. Member Code of Conduct

Every member agrees to the Member Code of Conduct, which is part of these Terms:

1. Respect hosts, crew, and members. No harassment or discrimination.
2. Follow the captain's and crew's safety instructions, and wear a life jacket when required.
3. No illegal drugs. Drink responsibly, 21+ only, and never impair the operator of a vessel.
4. No unauthorized paid charters or illegal "split the cost" trips.
5. Keep it private. No photos or posts of members without their consent.
6. Honor bookings and the cancellation policy.
7. Report incidents and unsafe behavior.
8. Follow all applicable federal, state, and local laws, including U.S. Coast Guard regulations and the laws of the state where the trip takes place.

You also agree not to misuse the Platform, including by scraping, spamming, posting unlawful or harmful content, interfering with the Platform's security or operation, or using it to arrange anything illegal. Violations can lead to suspension or removal.

7. Trips, bookings, and waivers

Hosts set the details of their trips, including the vessel, captain, capacity, itinerary, house rules, and any safety requirements. Guests are responsible for reviewing trip details and deciding whether a trip is right for them. The captain is in command of the vessel and may change, shorten, or cancel a trip for safety, weather, or legal reasons.

Hosts, captains, or Wave may ask you to sign a liability waiver, release, charter agreement, or similar document before a trip, which may be governed by the law of the state where the trip takes place. You agree to read any such document before signing it. Anyone who has not signed a required waiver may be refused boarding. When a booking is confirmed, attendees may be added to a group chat for that trip.

8. Payments, fees, and cancellations

Some features, such as paid charters, experiences, and partner services, may involve payments made through the Platform. Payments are processed by third-party payment processors, and you agree to their terms. Prices, fees, and any service fees will be shown before you confirm. Hosts and partners who receive payouts may need to complete onboarding with our payment processor.

Each booking is subject to the cancellation and refund policy shown at the time of booking. Unless that policy or applicable law says otherwise, fees paid to Wave are non-refundable. Trips cancelled by a captain for safety or weather will be handled under the applicable policy. Do not arrange or take payment for bookings outside the Platform in order to avoid fees or policies.

9. Assumption of risk

Boating and water activities carry inherent risks, including weather, sea conditions, collisions, equipment failure, falls, drowning, sun and heat exposure, marine life, and the actions of other people. These risks can lead to property damage, serious injury, or death. You take part in any trip or activity voluntarily and at your own risk, and you are responsible for deciding whether you are fit and able to take part, including your swimming ability and any medical conditions.

10. Your content

You own the photos, text, and other content you post ("Your Content"). You give Wave a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, use, reproduce, display, adapt, and distribute Your Content to operate, improve, and promote the Platform. This license ends when you delete Your Content or your account, except for content that has been shared with others, copies kept for legal or backup reasons, and content already used in promotions.

You confirm you have the rights to Your Content and that it does not violate anyone's rights or the law. Do not post photos of other members without their consent. Wave may remove content that violates these Terms or that we believe may create risk for the community.

11. Our Platform and intellectual property

The Platform, including the Wave Boaters name, logo, design, and software, belongs to Wave and its licensors and is protected by law. We give you a limited, personal, revocable, non-transferable license to use the Platform for its intended purpose under these Terms. You may not copy, modify, reverse engineer, or resell any part of the Platform. If you send us feedback, we may use it without any obligation to you.

12. Suspension and termination

You may stop using the Platform and close your account at any time. Wave may suspend, restrict, or terminate your account, remove listings, or cancel bookings at any time if we believe you have violated these Terms or the Code of Conduct, created a safety or legal risk, provided false information or documents, or harmed the community, or if we are required to by law. Where appropriate, we may offer a way to request a second look. Sections that by their nature should survive termination, including Sections 9 through 11 and 13 through 19, will survive.

13. Disclaimer of warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WAVE DOES NOT WARRANT OR GUARANTEE THE IDENTITY, CONDUCT, QUALIFICATIONS, LICENSES, OR INSURANCE OF ANY MEMBER; THE CONDITION, SAFETY, LEGALITY, OR SUITABILITY OF ANY VESSEL, TRIP, OR SERVICE; OR THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. ANY VERIFICATION OR REVIEW BY WAVE IS LIMITED AND IS NOT A GUARANTEE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WAVE AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, OR FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO ANY TRIP, VESSEL, EVENT, OR SERVICE, OR THE CONDUCT OF ANY MEMBER OR THIRD PARTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY. WAVE'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO WAVE FOR THE BOOKING GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Wave and its owners, officers, employees, and agents from any claims, losses, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Platform; your vessel, trips, listings, or services; your conduct or the conduct of your guests, captain, or crew; Your Content; your violation of these Terms, the Code of Conduct, or any law or regulation; or your violation of anyone else's rights.

16. Dispute resolution

Option for counsel: the arbitration agreement and class-action waiver below are proposed and should be reviewed, adopted, revised, or removed by counsel before launch.

Informal resolution. Before filing any claim, you agree to contact Wave in writing and try to resolve the dispute informally for at least 30 days.

Arbitration (proposed). Any dispute arising out of or related to these Terms or the Platform that is not resolved informally would be resolved by binding individual arbitration rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief for misuse of intellectual property.

Class-action waiver (proposed). TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WAVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

17. Governing law and venue

Flagged for counsel: confirm Florida governing law, Miami-Dade venue, and how they interact with the arbitration option and with the law of each trip's state.

These Terms are governed by the laws of the State of Florida and applicable federal law, including federal maritime law where it applies, without regard to conflict-of-law rules. Subject to Section 16, any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you and Wave consent to the jurisdiction of those courts. Your conduct during any trip must also comply with the laws of the state and waters where the trip takes place.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will give notice, for example through the Platform or by updating the date above, before the changes take effect. By continuing to use the Platform after changes take effect, you agree to the updated Terms. If you do not agree, stop using the Platform and close your account.

19. General terms

These Terms, together with the Code of Conduct, the Privacy Policy, any Owner and Partner Agreement, and any policies shown at booking, are the entire agreement between you and Wave about the Platform. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.

20. Contact us

Questions or notices about these Terms may be sent by mail to Wave Boating LLC. We will provide our mailing address in the Wave Boaters app.