Instructor Agreement

"Booking" means a lesson reservation made by a Customer through the Platform. "Lesson" means any surf instruction, guiding, or related activity an Instructor agrees to deliver via a Booking. "Content" means photos, videos, text, profile information, location descriptions, reviews, and other media submitted to the Platform. "Stripe Connect" means the third-party payments and payout infrastructure used by AWECEAN to collect Customer payments and remit instructor earnings.

The Instructor is an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, joint venture, or franchise relationship between the Instructor and AWECEAN. The Instructor is not an employee, agent, partner, or representative of AWECEAN and has no authority to bind AWECEAN.

The Instructor controls the manner and means of delivering Lessons, subject to this Agreement and applicable law. AWECEAN does not provide employee benefits, workers' compensation, unemployment insurance, paid leave, or similar protections, and the Instructor expressly waives any claim to such benefits.

To register and maintain an instructor account, you represent and warrant that you:

• are legally able to offer surf instruction in each jurisdiction where you deliver Lessons;
• comply with all applicable local, national, and international laws and regulations;
• hold and maintain any licenses, permits, certifications, or beach access rights required by local authorities;
• provide complete and accurate information to AWECEAN during onboarding and at all times thereafter;
• keep your contact details, location, languages, pricing, and availability current.

Material misrepresentation of identity, qualifications, location, or insurance status is a breach of this Agreement and may result in immediate removal.

You agree to:

• arrive at the agreed meeting point on time and prepared;
• deliver Lessons in a professional, respectful, and competent manner;
• communicate accurately with Customers and AWECEAN, including about conditions, delays, and changes;
• maintain accurate availability on the Platform and avoid double-booking;
• honor accepted Bookings, subject to safety and the Cancellation & Refund Policy;
• provide instruction appropriate to the Customer's skill level and the actual conditions;
• respond to Customer messages and booking requests within reasonable timeframes;
• comply with all applicable laws and the AWECEAN community standards.

You are solely responsible for evaluating safety at all times. You agree to:

• assess weather, swell, tide, wind, current, and crowd conditions before and during each Lesson;
• refuse, postpone, or end a Lesson when conditions are unsafe for the Customer's level;
• exercise professional judgment in selecting locations, equipment, and lesson plans;
• provide a basic safety briefing covering hazards, rescue signals, and ocean awareness;
• comply with all local beach, lifeguard, marine, and environmental regulations.

AWECEAN does not supervise Lessons, is not present in the water, and does not guarantee the safety of any Lesson, location, equipment, or Customer outcome. Surfing involves inherent risks that you, as the professional, are best positioned to evaluate and manage.

Unless otherwise agreed in writing, you are responsible for the boards, leashes, wetsuits, rashguards, safety equipment, and any other gear provided to Customers. You agree to:

• supply equipment appropriate for each Customer's size, level, and the conditions;
• maintain equipment in safe, clean, and working condition;
• remove from service any equipment that is damaged, worn, or unsafe.

AWECEAN does not inspect, certify, or insure instructor equipment and makes no representation regarding its condition or fitness for any particular Lesson.

Customer payments are collected by AWECEAN through Stripe and remitted to instructors through Stripe Connect. To receive payouts, you must complete Stripe Connect onboarding, pass Stripe's identity and compliance checks, and keep your Stripe account in good standing. AWECEAN does not collect, store, or process bank account credentials directly.

You are responsible for maintaining accurate payout information (legal name, tax identifiers, bank or card details, address) inside your Stripe account. Failed, delayed, or returned payouts caused by inaccurate Stripe data are your responsibility.

AWECEAN may withhold, delay, reverse, or reroute payouts when:

• required by applicable law, tax authorities, or court order;
• a chargeback, refund dispute, or payment dispute is open;
• a fraud, safety, or compliance review is in progress;
• Stripe or another payment processor imposes a hold or restriction;
• the Instructor account is suspended pending investigation.

Platform fees, processor fees, refunds, chargebacks, and applicable adjustments are deducted from amounts otherwise payable to you. Fee schedules in effect from time to time are published in the instructor dashboard.

You are solely responsible for determining, collecting where required, reporting, and remitting all taxes and contributions arising from your activity on the Platform, including without limitation: income tax; VAT, GST, IVA, or sales tax; withholding taxes; social-security, INSS, IMSS, or equivalent contributions; business registrations, permits, and tourism or beach-use fees; and any required filings or invoicing ("facturación").

AWECEAN does not provide tax, accounting, or legal advice. Reports, summaries, or earnings data shown in the dashboard are provided for convenience only and do not constitute tax documentation unless explicitly identified as such. You agree to indemnify AWECEAN against any claim, penalty, or interest arising from your failure to meet your tax obligations.

You retain ownership of Content you submit, including profile photos, instructor photos, surf spot and destination photos, videos, text, and other media. You represent and warrant that you possess all rights necessary to upload, submit, and license your Content, and that your Content does not infringe any third party's rights or violate any law. Where your Content depicts any identifiable individual, you represent and warrant that you have obtained all permissions, releases, or consents required by applicable law from those individuals (or their legal guardians, where applicable) for the use, display, and distribution of such Content through the Platform and in AWECEAN's marketing materials.

You acknowledge that AWECEAN does not verify or independently confirm that you hold such rights or permissions. You bear sole responsibility for ensuring your Content complies with applicable privacy, publicity, and intellectual-property laws.

You grant AWECEAN a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, cache, reproduce, adapt for format and resolution, display, distribute, market, and promote your Content in connection with the operation, promotion, and improvement of the Platform, including on the website, in apps, in marketing materials, and on social channels. AWECEAN does not claim ownership of your Content.

You may remove Content from your profile at any time. AWECEAN may retain residual copies for backup, legal, or compliance purposes for a reasonable period, and previously distributed marketing materials may continue to display until refreshed.

You may not intentionally divert Customers away from the Platform, request or accept direct payment outside the Platform, or otherwise circumvent the marketplace booking and payment flow. This includes, without limitation:

• asking Customers to pay you directly via cash, bank transfer, mobile payment, or any method other than AWECEAN's checkout;
• canceling a Platform Booking in order to rebook or deliver the same Lesson off-Platform;
• sharing personal contact details with Customers for the purpose of arranging payment outside the Platform;
• using Platform-generated leads to avoid marketplace fees, dispute protections, or platform records.

Off-platform transactions deprive Customers of AWECEAN's dispute protections, review systems, insurance verification, and safety records, and deprive AWECEAN of the fees that fund Platform operations. Repeat violations may result in suspension, financial adjustments, or permanent removal from the Platform.

You are an independent contractor and are not an employee, agent, partner, joint venturer, franchisee, or official representative of AWECEAN. You may not state or imply that AWECEAN endorses, sponsors, certifies, or is affiliated with you beyond your status as a marketplace instructor with a published listing.

You may not use AWECEAN trademarks, logos, branding elements, domain names, or marketing materials except as expressly permitted by AWECEAN in writing or through official brand assets provided within the instructor dashboard. You may not register or attempt to register any AWECEAN trademark or any confusingly similar mark. All goodwill arising from your use of permitted AWECEAN marks inures solely to AWECEAN.

Customer ratings and reviews submitted through the Platform are part of the Platform and are owned and managed by AWECEAN. AWECEAN may publish, syndicate, moderate, anonymize, or remove reviews in accordance with its policies and applicable law.

You agree not to:

• submit, solicit, or arrange fake, incentivized, or manipulated reviews;
• retaliate against Customers for honest feedback;
• artificially inflate rankings, badges, or readiness scores through fraudulent bookings.

AWECEAN may remove fraudulent or non-compliant reviews and may adjust visibility, badges, or ranking signals at its discretion.

You agree to:

• honor accepted Bookings, subject to safety and force majeure;
• provide as much advance notice as possible when you are unable to deliver a Lesson;
• cooperate in good faith with rescheduling, substitution, or refund where appropriate.

Repeated instructor-side cancellations, last-minute drops, or no-shows may result in reduced visibility, financial adjustments, or removal. Operational windows, fees, and refund handling are governed by the Cancellation & Refund Policy.

AWECEAN may, at its discretion and without prior notice where reasonable, suspend, restrict, hide, or terminate an instructor account, profile, or listing for reasons including:

• safety concerns or credible reports of unsafe conduct;
• suspected fraud, identity misuse, or payment abuse;
• misconduct, harassment, discrimination, or violation of community standards;
• legal, regulatory, processor, or court-mandated requirements;
• quality issues, repeated complaints, or low service standards;
• marketplace integrity, including manipulation of rankings, badges, or reviews.

Either party may terminate this Agreement at any time on notice. Accepted Bookings as of the termination date must be honored or properly refunded. Sections that by their nature survive termination (including content license, indemnity, limitation of liability, taxes, confidentiality, and governing law) continue in effect.

AWECEAN makes no representation or guarantee regarding bookings, search visibility, ranking position, badge eligibility, customer volume, revenue, conversion, repeat business, or earnings of any kind. Marketplace dynamics, seasonality, conditions, competition, pricing, algorithm changes, and external factors all affect outcomes.

You agree to protect and not disclose to third parties: (a) Customer personal information and booking details; (b) non-public Platform information, including internal tools, dashboards, analytics, fee schedules, and product roadmaps; and (c) any other information identified as confidential. You may use confidential information only as needed to deliver Lessons and fulfill this Agreement. This obligation survives termination.

When you receive Customer personal data through the Platform (such as name, contact details, meeting location, medical notes, or photos), you act as an independent data controller for your own use of that data and agree to:

• use Customer information only as necessary to deliver the booked Lesson and related follow-up;
• comply with applicable privacy laws, including the Mexican LFPDPPP, EU/UK GDPR, and any laws applicable in the location of the Lesson;
• not contact Customers off-Platform for marketing, upsell, or solicitation without their explicit consent;
• not export, resell, or share Customer data with third parties;
• safeguard Customer data with reasonable technical and organizational measures;
• delete Customer data when no longer required for the Lesson, unless retention is legally required.

Misuse of Customer data is a material breach and grounds for immediate removal, in addition to any statutory remedies.

You are responsible for obtaining and maintaining any insurance appropriate to your activity, including liability, accident, and equipment coverage where available in your jurisdiction. AWECEAN does not provide professional liability, accident, or equipment insurance to instructors, and any coverage AWECEAN may carry is for its own benefit only and does not extend to Instructors or Customers.

You agree to defend, indemnify, and hold harmless AWECEAN, its affiliates, and their officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, fines, and expenses (including reasonable legal fees) arising out of or related to: (a) your delivery or non-delivery of Lessons; (b) your equipment, vehicles, or premises; (c) your breach of this Agreement, the Terms of Service, or applicable law; (d) your Content; (e) your tax obligations; or (f) your handling of Customer data.

To the maximum extent permitted by applicable law, AWECEAN's aggregate liability to the Instructor under this Agreement is limited as set out in the Terms of Service. AWECEAN is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, or lost data. Nothing in this Agreement limits liability that cannot be limited under applicable mandatory law.

AWECEAN may update this Agreement from time to time. The current version is identified at the top of this page and is also recorded against your acceptance history. Material changes will be communicated by email or in-product notice, and continued use of the Platform after the effective date constitutes acceptance. If you do not agree, your remedy is to stop offering Lessons and close your instructor account.

This Agreement is governed by the laws of the United Mexican States, without regard to conflict-of-laws principles. The parties submit to the competent courts of Mexico for any dispute arising out of or relating to this Agreement, except where mandatory consumer protection rules, non-waivable statutory rights, or rules of your country of residence require otherwise. Nothing in this Agreement waives rights that cannot lawfully be waived.

This Agreement, together with the Terms of Service, Privacy Policy, Cancellation & Refund Policy, and any policies referenced in the instructor dashboard, constitutes the entire agreement between you and AWECEAN regarding your role as an instructor on the Platform. If any provision is held unenforceable, the remaining provisions remain in full effect. AWECEAN's failure to enforce any right is not a waiver. You may not assign this Agreement without AWECEAN's written consent; AWECEAN may assign it to an affiliate or in connection with a merger, acquisition, or reorganization.

By clicking "I accept", completing instructor onboarding, or continuing to use the instructor dashboard after the effective date above, you confirm that you have read, understood, and agreed to this Agreement, and that you have authority to enter into it on behalf of any entity you represent. Your acceptance is recorded with a timestamp, IP address, user agent, and the document version shown above.