Terms of Service & Liability Waiver
Last Updated: April 2026
1. ACCEPTANCE OF TERMS
By accessing or using the Brainy & Footsy platform ("Platform"), creating a listing, making a booking, or entering any campsite, storage site, or parking area listed on the Platform, you ("User") acknowledge that you have read, understood, and agree to be bound by this Liability Waiver and Release ("Waiver").
2. NATURE OF THE PLATFORM
Brainy & Footsy is an online marketplace that connects independent campsite hosts ("Hosts") with guests ("Guests") seeking outdoor accommodations, vehicle storage, and stopover parking. Brainy & Footsy does not own, operate, manage, inspect, or control any property listed on the Platform. All listings are independently owned and operated by Hosts.
3. ASSUMPTION OF RISK — GUESTS
By booking and/or visiting any property listed on the Platform, Guest acknowledges and agrees that:
- •Outdoor recreational activities, camping, and overnight stays carry inherent risks including but not limited to personal injury, illness, property damage, and death.
- •Brainy & Footsy makes no representations or warranties regarding the safety, condition, or suitability of any listed property.
- •Guest assumes full responsibility for their own safety and the safety of any individuals in their party, including minors.
- •Guest is responsible for reviewing all listing details, site rules, and Host policies prior to booking.
- •Guest agrees to comply with all applicable local, state, and federal laws while on Host property.
4. HOST RESPONSIBILITIES AND ACKNOWLEDGMENT
By listing a property on the Platform, Host acknowledges and agrees that:
- •Host is solely responsible for the accuracy, safety, and legality of their listing and property.
- •Host is responsible for ensuring their property complies with all applicable local, state, and federal laws, zoning ordinances, and regulations.
- •Host is solely responsible for obtaining any necessary permits, licenses, or insurance required to operate a campsite, storage site, or parking facility on their property.
- •Brainy & Footsy is not responsible for any claims, disputes, injuries, or damages arising from a Guest's stay at the Host's property.
- •Host agrees to maintain adequate liability insurance coverage for their listed property and activities.
- •Right to Refuse: Hosts reserve the right to decline or cancel any booking request at their sole discretion, provided such refusal does not violate applicable anti-discrimination laws. Hosts using the "Request to Book" feature may decline any request without being required to provide a reason.
5. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Brainy & Footsy, its owners, officers, employees, agents, and affiliates shall not be liable for any:
- •Personal injury, illness, or death occurring on or in connection with any listed property.
- •Loss, theft, or damage to personal property.
- •Disputes between Hosts and Guests regarding bookings, payments, refunds, or property conditions.
- •Acts or omissions of any Host or Guest using the Platform.
- •Interruptions to service, technical errors, or platform downtime.
In no event shall Brainy & Footsy's total liability to any User exceed the total subscription fees paid by that User in the three (3) months preceding the claim.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Brainy & Footsy, its owners, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- •Your use of the Platform.
- •Your listing or booking of any property.
- •Your violation of these terms.
- •Any injury, damage, or loss caused by you or members of your party.
7. DISPUTE RESOLUTION
Any disputes between Hosts and Guests are the sole responsibility of the parties involved. Brainy & Footsy may, at its sole discretion, attempt to facilitate resolution but is under no obligation to do so. Users agree to first attempt to resolve disputes directly with the other party before seeking legal remedies.
All disputes involving Brainy & Footsy directly shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and shall be governed by the laws of the state in which Brainy & Footsy is registered, without regard to conflict of law principles.
8. MINIMUM AGE REQUIREMENT
Users must be at least 18 years of age to create an account, list a property, or make a booking on the Platform. By using the Platform, you represent and warrant that you are at least 18 years of age.
9. MODIFICATIONS
Brainy & Footsy reserves the right to update or modify this Waiver at any time. Continued use of the Platform following any such changes constitutes your acceptance of the revised Waiver.
10. CONTACT
For questions regarding this Waiver, please contact us at Customer Support.