Lodge and guide sign-up

Complete the agreement below and submit it with your application. Fields marked * are required. Use “Not applicable” where appropriate. Leave undecided payment or legal terms blank for review. The agreement takes effect after the completed schedule is agreed and Platform Operator countersigns.

Bahamas On The Fly Memorandum of Understanding

Lodge and Independent Guide Participation

This memorandum sets out the terms under which a lodge or independent guide may list services and receive booking requests through Bahamas On The Fly, operated by the independent Florida LLC identified at countersignature (the Platform Operator). Complete the provider details and Schedule A before signing. Each provider signs a separate copy.

DRAFT FOR REVIEW — The parties intend this memorandum, including Schedule A, to be legally binding when signed by both parties. It is not merely a nonbinding statement of intent. Obtain Florida and Bahamian legal review before execution.

1 Parties and effective date

Platform operator: the independent Bahamas On The Fly Florida LLC identified at countersignature, operating Bahamas On The Fly at https://bahamasonthefly.com (the “Platform”). Confirm the exact registered legal name before signing.

Platform Operator address and authorized representative will be supplied at acceptance. Notice email: bahamasonthefly@gmail.com.

Effective date: [date of the last signature] (or, if blank, the date of the last signature). “Provider” means the legal entity or individual identified above, not an employee signing without authority.

2 Purpose and independent relationship

The Platform markets approved listings and facilitates booking communications. The Provider supplies and operates the accommodation, guiding, transport or other services expressly identified in its listing. The Provider controls its personnel, equipment and safe operation. Each party remains responsible for its own conduct and legal obligations.

Participation is nonexclusive. No employment, partnership, joint venture or general agency is created. Neither party may bind the other, incur obligations in its name or claim ownership of its business. Any authority to collect customer payments must be separately recorded in Schedule A. No minimum bookings, revenue or search placement is promised.

3 Listings and customer information

There is no joining fee or recurring listing fee under this memorandum. The Provider supplies accurate descriptions, current availability, capacity, rates, currency, inclusions, exclusions, accessibility information and contact details. Package rates must identify nights, fishing days, occupancy and whether the rate is per person or per group. Day-trip rates must identify trip duration and group capacity.

All mandatory taxes, transfers, fishing licences, equipment charges, deposits and other costs must be disclosed before the customer commits. The Provider promptly reports changes and honours the price and terms already accepted for confirmed reservations. The Platform may correct formatting but must obtain Provider approval before materially changing the service or price.

4 Booking requests and confirmation

A request is not a confirmed reservation. The Provider aims to respond within two business days and must confirm dates, capacity, the complete price and its cancellation terms in writing. A reservation is confirmed only after Provider acceptance and completion of the required payment or deposit through the payment arrangement agreed in Schedule A. The Platform must not represent an unaccepted or unpaid request as confirmed.

The confirmation identifies the actual service provider, payment recipient, dates, services, deposit, balance due date and customer cancellation terms. Changes require written customer agreement. A substitute guide or lodge requires advance disclosure, appropriate qualifications and customer acceptance; otherwise the cancellation rules apply.

5 Customer booking fee

Unless a signed amendment states otherwise, the customer pays a Platform booking fee in addition to the Provider service subtotal. It is calculated progressively, not by applying one rate to the entire booking:

14% of the first US$1,000 of the service subtotal.

10% of the next US$1,500, from US$1,000 to US$2,500.

6% of the service subtotal above US$2,500.

For example, a US$3,000 service subtotal produces a US$320 booking fee: US$140 + US$150 + US$30. The fee is rounded to two decimal places. Separately itemized taxes, gratuities and government licence charges are excluded from the fee base. Currency and any conversion method must be disclosed before payment.

The fee is charged once per reservation. Splitting payments into a deposit and balance does not restart the tiers. There is no Provider commission or deduction from its service subtotal under this memorandum. Processing costs may be allocated only as expressly agreed in Schedule A, without undisclosed charges. No party may collect the same charge twice.

6 Payment activation and settlement

Signing this memorandum does not establish escrow, custody of funds, merchant-of-record status or automatic payouts. Before accepting customer funds, the parties must complete Schedule A, identify the payment recipient and processor, agree settlement and refund responsibilities, and verify required registrations. If this is incomplete, the listing may receive enquiries but must not accept payments or advertise immediate confirmation.

7 Cancellations refunds and weather

The Provider supplies written cancellation terms for customer cancellation, no-show, weather disruption and early departure. These terms must be shown before payment and attached or referenced by dated version in Schedule A. The Platform separately discloses its booking-fee refund terms. Customer cancellation follows those disclosed terms, subject to mandatory consumer rights.

If the Provider cancels or cannot supply the agreed service, the customer may choose an agreed replacement, reschedule or receive a refund for undelivered services. The Platform refunds its associated booking fee. Refunds are returned through the original payment channel when available. Each party returns the sums it received and cooperates with the processor; no customer must pursue the other party for an amount held by the first party.

Unsafe weather, transport disruption or other events beyond reasonable control may require changes. The Provider promptly gives notice, takes reasonable steps to reduce disruption and follows the disclosed policy and applicable law. Neither party guarantees safe weather or fish catches. Customer acceptance is required for a material replacement; force majeure does not automatically eliminate refund obligations.

The parties initiate approved refunds within ten business days after the decision and required payment details are available, subject to processor timelines. For a chargeback, each party promptly supplies relevant records. Responsibility follows the cause and sums received; no automatic debit, unlimited reserve or unilateral penalty is authorized by this memorandum.

8 Provider licensing safety and service standards

The Provider maintains all licences, business registrations, permits and appropriate insurance required for its activities, including flats-fishing guide credentials and lawful vessel operation where applicable. It supplies evidence on request and immediately reports expiry, suspension or loss of coverage. Subcontractors must meet the same standards; the Provider remains responsible for its contracted services.

The Provider assesses conditions, maintains safe equipment and required safety gear, provides an appropriate safety briefing and emergency plan, and uses personnel qualified for the service. It explains customer fishing-licence requirements, respects protected areas and conservation rules, and never conducts a trip it reasonably considers unsafe.

The Provider promptly reports a serious incident to appropriate emergency authorities and informs the Platform as soon as practicable. It handles customer concerns courteously and cooperates in investigating complaints. Listing approval does not substitute for licensing, insurance or safety checks.

9 Platform responsibilities

The Platform presents approved information accurately, communicates requests and updates, displays its charges and customer terms before payment, and maintains reasonable safeguards for booking information. It does not operate the Provider’s boats, premises or guiding services. It may review credentials, complaints and listing accuracy and may suspend a listing for a credible safety, licensing, fraud or serious service concern, giving notice and reasons when practicable.

10 Branding content and reviews

The Provider retains ownership of its name, logo, photographs and text. It grants the Platform a nonexclusive, royalty-free licence to use supplied and approved content to operate and promote its listing during participation. The Provider confirms it has the necessary rights and permissions. The Platform will not materially alter the meaning of content without approval.

After termination, the Platform stops new promotional use and removes the listing within a reasonable period, except records needed for existing bookings, disputes or legal obligations. Each party may identify the other accurately but may not imply an endorsement or broader authority. Reviews must be authentic; content from third-party sites may be reproduced only with lawful permission or another lawful basis, and may not be labelled a verified Platform booking without supporting records.

11 Privacy and confidentiality

Customer information may be used only to fulfil bookings, provide agreed support and meet legal obligations. Neither party may sell it, use it for unrelated marketing without a lawful basis, or share it beyond personnel and service providers who need it. Each party maintains reasonable security, limits access and retention, and promptly notifies the other of a suspected breach affecting shared information, subject to legally required notices.

Nonpublic rates, payment details and business records must be kept confidential, except authorized disclosures or disclosures required by law. This obligation does not cover information already public, independently developed or lawfully obtained elsewhere. Confidentiality and privacy obligations survive termination.

12 Term changes and termination

This memorandum continues from its effective date until either party gives thirty days’ written notice. A party may suspend performance immediately for a material safety risk, unlawful activity, fraud or loss of required licensing. For another material breach, give written notice and ten business days to remedy it before termination, where remedy is possible.

Termination does not cancel confirmed customer bookings or erase outstanding payment, refund or complaint obligations. The parties agree how existing reservations will be fulfilled or refunded and notify affected customers promptly. Fee changes and material contract changes require a written amendment signed by both parties and apply only to new bookings. Website updates do not unilaterally amend this memorandum.

13 Responsibility disputes and governing law

Each party is responsible for loss caused by its own breach, negligence or wilful misconduct, subject to applicable law. This memorandum does not waive customer rights, exclude liability that cannot lawfully be excluded, or require an unlimited indemnity. Insurance does not transfer responsibility to the other party.

The parties first refer disputes to authorized representatives and attempt resolution in good faith within thirty days after written notice. They may agree to mediation. Governing law and court venue must be completed in Schedule A; no arbitration is imposed. Mandatory laws applying to the services remain applicable regardless of the chosen law.

Notices go to the email addresses above, with an acknowledgement or other evidence of delivery. This memorandum and signed Schedule A are the complete provider participation agreement. Signed amendments prevail, then this memorandum and Schedule A. Customer booking terms remain separately disclosed and cannot be changed retroactively. Electronic signatures and counterparts may be used to the extent permitted by law.

Schedule A Provider Details and Signatures

Complete all applicable fields. Both parties must approve payment arrangements and governing law before execution. Attach the Provider’s dated rates and cancellation policy. Mark unused fields “Not applicable”.

Execution confirms authority to bind the named party, acceptance of the stated binding terms, and approval of the completed Schedule A and attached policies.

For the Bahamas On The Fly Platform Operator

For the Provider identified in Section 1