Terms of Service

1.1 No Employment or Agency Relationship. Company is not a staffing agency, employment agency, or provider of lifeguard or lifeguard-instruction services. Contractors listed on the Platform are independent businesses, not employees or agents of Company. Company does not supervise, direct, train, schedule, or control the manner in which any Contractor performs services.

1.2 Direct Relationship with Contractor. Any booking, engagement, contract, or payment arrangement you enter into with a Contractor is solely between you and that Contractor. Company is not a party to that arrangement and is not responsible for a Contractor's performance, conduct, availability, pricing, cancellation, or any dispute arising from the engagement.

1.3 No Guarantee. Company does not guarantee that any Contractor will be available, will respond to your request, or will be suitable for your particular event, production, or training need.

2.1 Account. You must create an account and provide accurate information to search for and contact Contractors.

2.2 Search and Contact. You may search for Contractors by zip code and view profiles, including certification status, trust-tier badge, ratings, and reviews. You may contact a Contractor through the Platform's messaging system to discuss a potential engagement. There is no fee charged by Company to you as a Customer to search, browse, or contact a Contractor.

2.3 Eligibility. You must be at least 18 years old and have the legal authority to enter into an engagement with a Contractor (including, for a production, the authority to bind the production company) to use the Platform.

2.4 Prohibited Conduct. You will not: (a) use the Platform to solicit a Contractor for any unlawful purpose; (b) attempt to circumvent the Platform's messaging system, fees, or policies; (c) post false, misleading, or defamatory reviews, or offer or accept anything of value in exchange for a review; (d) harass, discriminate against, or endanger any Contractor; (e) use automated means (such as bots, scrapers, or crawlers) to access or collect data from the Platform without Company's prior written consent; (f) create more than one Customer account without Company's permission; or (g) use any information you obtain about a Contractor through the Platform for a purpose other than evaluating or arranging a specific engagement.

2.5 Monitoring of Messages. To help protect the safety of the GuardPost community, Company may, directly or through third-party vendors, monitor, review, scan, and analyze messages exchanged through the Platform's messaging system for purposes including detecting fraud, harassment, threats to safety, and violations of these Terms or Company's policies. By using the Platform's messaging features, you consent to this monitoring and review. See our Privacy Policy for more information.

3.1 What "Verified" and Trust-Tier Badges Mean. A "Verified" badge indicates that Company has reviewed documentation a Contractor submitted showing a currently valid lifeguard and/or lifeguard-instructor certification. Company may also display a tiered trust badge on a Contractor's profile — Bronze (certification verified), Silver (certification verified and proof of liability insurance provided), or Gold (certification verified and a background check completed through Company's then-current process) — as described in Company's then-current policies. Each badge, at any tier, reflects a documentation review only. It is not a skills assessment, a guarantee of competence, safety, or conduct, or an endorsement by Company of any Contractor, and a background check completed for Gold-tier status is not a guarantee of a Contractor's fitness or conduct going forward.

3.2 Your Responsibility to Evaluate. You are solely responsible for evaluating whether a Contractor is qualified and suitable for your specific event or training need, including confirming certification, experience, and any additional requirements applicable to your event (such as required lifeguard-to-swimmer ratios, permit conditions, or venue rules). Any ratio guidance or general safety information provided on the Platform is for general informational purposes only and is not a substitute for your own judgment or applicable law and venue requirements.

3.3 Minors at Your Event. If your event will be attended by minors, you are responsible for ensuring appropriate supervision arrangements consistent with applicable law and the venue's requirements, independent of any Contractor's certification or trust-tier status.

4.1 No Charge to Customers for Core Use. Company does not charge Customers a fee to create an account, search for Contractors, or contact a Contractor. Contractors may be charged a separate fee by Company to respond to your request, as described in Company's agreement with Contractors; this fee is not charged to you.

4.2 Payment for Services. Any payment for lifeguard or lifeguard-instruction services is arranged directly between you and the Contractor. Company does not process, hold, or guarantee payment for services rendered by a Contractor unless expressly stated otherwise on the Platform at the time of booking.

5.1 Leaving Reviews. After a completed engagement, you may be invited to leave a review of the Contractor. Reviews must be truthful and based on your actual experience.

5.2 Use of Reviews. Reviews you submit may be displayed publicly on the Contractor's profile and may affect the Contractor's ranking in search results. Company may remove or adjust a review pursuant to a Contractor's appeal under Company's then-current policies.

6.1 No Warranty. THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6.2 No Responsibility for Contractor Conduct. COMPANY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE ACTS, OMISSIONS, QUALIFICATIONS, CONDUCT, OR PERFORMANCE OF ANY CONTRACTOR, INCLUDING ANY INJURY, DROWNING, PROPERTY DAMAGE, OR OTHER HARM ARISING FROM OR RELATED TO AN ENGAGEMENT YOU ENTER INTO WITH A CONTRACTOR THROUGH THE PLATFORM.

6.3 No Role in Cancellations, No-Shows, or Related Payments. COMPANY DOES NOT PROCESS, HOLD, OR TRANSMIT PAYMENT BETWEEN YOU AND A CONTRACTOR, DOES NOT STORE PAYMENT CARD INFORMATION ON FILE FOR EITHER PARTY, AND HAS NO ABILITY TO AUTHORIZE, COLLECT, OR DISBURSE ANY CANCELLATION FEE, PENALTY, OR DEPOSIT BETWEEN YOU AND A CONTRACTOR. ACCORDINGLY, COMPANY HAS NO ROLE IN, AND NO LIABILITY FOR, A CONTRACTOR'S FAILURE TO APPEAR ("NO-SHOW"), YOUR OWN FAILURE TO APPEAR, OR EITHER PARTY'S CANCELLATION OF AN ENGAGEMENT, INCLUDING A CANCELLATION MADE WITH SHORT NOTICE. Any penalty fee, deposit, or other resolution relating to a no-show or cancellation is a matter solely between you and the Contractor to negotiate and agree directly; if a Contractor wishes to require a penalty fee or deposit from you, that arrangement must be negotiated and handled entirely outside the Platform, as Company provides no mechanism on the Platform to collect, hold, or transfer such payments. As a safeguard, if a Contractor accumulates three no-shows, complaints, or negative reviews or remarks, Company will review that Contractor's account and may, in its discretion, suspend or deactivate the Contractor's profile for a specified period or indefinitely, subject to the Contractor's right to appeal, as described in Company's agreement with Contractors.

6.4 No Role in Municipal Hiring or Engagement. When a Municipality posts an opening on the Platform, Company's role is limited to displaying that posting to Contractors. Company is not a party to, and has no role in, any hiring decision, background check, credentialing, employment or engagement terms, compensation, or contractual relationship between a Municipality and a Contractor. All such matters are handled directly between the Municipality and the Contractor, outside the Platform, and in accordance with the Municipality's own procurement and hiring requirements.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO COMPANY (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

You agree to indemnify, defend, and hold harmless Company from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your engagement of any Contractor; (c) your violation of these Terms; or (d) your violation of any law or the rights of a third party.

Your insurer, subrogee, or assignee is bound by these Terms to the same extent as you, including the liability limitations, disclaimers, and dispute-resolution provisions herein, and has no greater rights against Company than you have. Any insurer who has paid a claim on your behalf for losses arising out of your use of the Platform is deemed to have waived any right of subrogation against Company arising from that claim. A claim brought by an insurer, subrogee, or assignee in violation of this Section is subject to the arbitration and class-action-waiver provisions of Section 11.

10.1 Company's Intellectual Property. The Platform, and all content Company makes available on it (excluding content submitted by Users), including the GuardPost name and logo, are owned by Company or its licensors and are protected by intellectual property laws. No rights are granted to you except the limited right to access and use the Platform for its intended purpose.

10.2 Copyright Complaints. If you believe content on the Platform infringes your copyright, send a written notice to info@guardpostapp.com identifying the copyrighted work, the material you believe is infringing and its location on the Platform, and your contact information, along with a statement that you have a good-faith belief the use is unauthorized and that the notice is accurate under penalty of perjury. Company will review and, where appropriate, remove or disable access to the identified material and may terminate the accounts of repeat infringers.

Important: This section contains a binding arbitration provision and class action waiver that affect your legal rights. Please read it carefully.

11.1 Informal Resolution First. Before filing a claim against Company, you agree to first send a written notice of the dispute to info@guardpostapp.com, describing the dispute, your name and contact information, and the relief you are seeking. You and Company agree to negotiate in good faith to resolve the dispute for sixty (60) days from that notice before either party initiates arbitration or files a claim in small claims court.

11.2 Binding Arbitration. Except as provided in Section 11.5, any dispute arising out of or relating to these Terms, the Platform, or your relationship with Company that is not resolved under Section 11.1 will be resolved by binding, individual arbitration administered by JAMS pursuant to its rules then in effect, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Arbitration will take place in Ventura County, California, unless the parties agree otherwise or the arbitration provider's rules permit a telephonic or written-submission proceeding. Each party will bear its own attorneys' fees unless the arbitrator's rules or applicable law provide otherwise; Company will pay its share of the arbitration provider's administrative fees as required under the applicable rules.

11.3 Class Action Waiver. YOU AND COMPANY 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

11.4 30-Day Right to Opt Out. You may opt out of this Section's arbitration and class-action-waiver provisions by sending written notice to info@guardpostapp.com within thirty (30) days of first agreeing to these Terms, stating your name, account email, and that you wish to opt out of arbitration. If you opt out, Company will also not be bound by this Section as to you, and any dispute between you and Company will instead be resolved as described in Section 11.5.

11.5 Exceptions and Venue. Either party may bring an individual claim in small claims court in lieu of arbitration, and either party may seek injunctive relief in court to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality rights. For any dispute not subject to arbitration under this Section (including if you opt out under Section 11.4), venue will be in the state or federal courts located in Ventura County, California, and the parties consent to personal jurisdiction there.

Company's collection and use of your personal information is governed by its Privacy Policy, incorporated by reference into these Terms.

Company may suspend or terminate your account at any time for violation of these Terms or conduct that endangers Contractors or the integrity of the Platform. You may stop using the Platform at any time.

14.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

14.2 Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Company regarding the Platform.

14.3 Amendment. Company may update these Terms from time to time by posting a revised version on the Platform. Continued use after the effective date of any change constitutes acceptance.

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

14.5 No Waiver. Company's failure to enforce any provision of these Terms is not a waiver of that provision.