Terms of Service

1. Acceptance of Terms

By accessing or using LuckyBackyards.com (the “Platform”), you agree to be legally bound by these Terms of Service (“Terms”), including all policies referenced herein.

If you do not agree, you must immediately discontinue use of the Platform.

2. Nature of the Platform (No Agency / No Control)

LuckyBackyards is a passive online marketplace that connects Hosts and Guests.

To the fullest extent permitted by law:

LuckyBackyards is not an owner, operator, manager, or provider of any Listing

LuckyBackyards does not control, supervise, or inspect Listings

• LuckyBackyards is not a party to any agreement between Users

No joint venture, partnership, employment, or agency relationship is created.

3. User Acknowledgment of Inherent Risks (EXPANDED)

You expressly acknowledge that Listings may involve inherently dangerous conditions and activities, including but not limited to:

• Swimming pools (risk of drowning)
• Fire pits (risk of burns/fire)
• Trampolines (risk of serious bodily injury)
• Uneven terrain, decks, stairs, or structures
• Weather-related hazards
• Interaction with other individuals

You understand that these risks may result in:

• Serious bodily injury
• Permanent disability
• Death

4. EXPRESS ASSUMPTION OF RISK

To the maximum extent permitted by law:

You knowingly, voluntarily, and expressly assume all risks, both known and unknown, foreseeable and unforeseeable, arising from or related to your use of any Listing.

This includes risks arising from:

• Negligence of Hosts
• Negligence of other Users
• Condition of the property
• Failure of equipment
• Lack of supervision

5. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by law, you hereby:

Release, waive, discharge, and covenant not to sue LuckyBackyards, its owners, officers, employees, contractors, affiliates, and agents (“Released Parties”) from any and all claims, demands, damages, losses, or causes of action, including those arising from negligence.

This includes, but is not limited to:

• Personal injury
• Wrongful death
• Property damage
• Emotional distress

6. LIMITATION OF LIABILITY (MAXIMUM PROTECTION)

To the maximum extent permitted by law:

• LuckyBackyards shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages

Any injuries or damages occurring at Listings

Acts or omissions of any User

If liability is found:

Total liability shall not exceed the total service fees paid to LuckyBackyards in the 12 months preceding the claim.

7. INDEMNIFICATION (EXPANDED)

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, damages, liabilities, losses, and expenses (including attorneys’ fees) arising out of or related to:

• Your use of the Platform
• Your Listing or Booking
• Your violation of these Terms
• Any injury, damage, or incident occurring at a Listing involving you

This obligation survives termination of your account.

8. HOST RESPONSIBILITIES (STRICT VERSION)

Hosts represent and warrant that they:

Maintain their property in a safe condition

Comply with all laws, ordinances, and regulations

• Have appropriate insurance coverage
• Accurately describe Listings

Hosts are solely responsible for:

• Injuries occurring on their property
• Ensuring safe conditions
• Guest supervision requirements

9. GUEST RESPONSIBILITIES

Guests agree to:

• Use Listings at their own risk
• Follow all Host rules
• Supervise minors at all times
• Exercise reasonable care

Guests are responsible for:

• Their own safety
• Safety of their invitees

10. NO WARRANTIES

The Platform and all Listings are provided:

“AS IS” and “AS AVAILABLE”

LuckyBackyards makes no warranties, express or implied, including:

• Safety of Listings
• Accuracy of Listings
• Fitness for a particular purpose

11. INSURANCE DISCLAIMER

LuckyBackyards:

Does not provide insurance coverage

• Does not guarantee protection for Users

Users are solely responsible for obtaining their own insurance.

12. DISPUTES BETWEEN USERS

All disputes are strictly between Users.

LuckyBackyards:

• Has no obligation to resolve disputes
• May intervene at its sole discretion

13. BINDING ARBITRATION & CLASS ACTION WAIVER

To the fullest extent permitted by law:

• All disputes shall be resolved through binding arbitration

• You waive the right to:

Trial by jury

Participate in class actions

Arbitration shall take place in:

Virginia

14. ACCOUNT TERMINATION

We may suspend or terminate accounts at any time for:

• Safety concerns
• Violations
• Fraud

Without liability.

15. CONTENT LICENSE

You grant LuckyBackyards a:

• Worldwide
• Royalty-free
• Irrevocable license

To use, display, and promote your content.

16. MODIFICATIONS

We may update these Terms at any time.

Continued use constitutes acceptance.

17. GOVERNING LAW

These Terms are governed by the laws of:

The Commonwealth of Virginia

18. SEVERABILITY

If any provision is found unenforceable:

• Remaining provisions remain in effect

19. ENTIRE AGREEMENT

These Terms constitute the entire agreement between Users and LuckyBackyards.

20. CONTACT

LuckyBackyards.com

LuckyBackyards@gmail.com

Direct Booking and Direct Payments

Lucky Backyards offers two ways to book a listing.

Secure online booking is processed through Lucky Backyards using our payment provider. These bookings are covered by the payment, cancellation, refund, and support terms set out elsewhere in these Terms.

Direct Booking is different. When a listing accepts direct payment, Lucky Backyards facilitates the introduction, the rental request, the host’s approval, and the reservation record — but the payment is arranged solely between the guest and the host.

By using Direct Booking, you acknowledge and agree that:

1. Lucky Backyards does not process, hold, transmit, refund, or guarantee any direct payment. No money passes through Lucky Backyards or our payment provider. We are not a party to the payment arrangement, and we are not a payment processor, escrow agent, or trustee in respect of it.
2. Payment terms are set by the host. The host provides payment instructions (for example a Venmo or Cash App handle, or cash on arrival). Guests should satisfy themselves that they are comfortable with the method offered before sending money. Lucky Backyards does not verify, endorse, or take responsibility for any payment method or destination a host provides.
3. Marking a payment “sent” or “received” is a record, not a guarantee. Lucky Backyards records the time at which a guest states they have sent payment and the time at which a host states they have received it. These entries reflect what each party told us. They are not verification by Lucky Backyards that any money was actually sent, received, or in the correct amount, and they create no obligation or liability on our part.
4. No refunds through Lucky Backyards. If a Direct Booking is cancelled, changed, or disputed, Lucky Backyards does not process, issue, reverse, or administer any refund of money paid directly between the guest and host. Any refund or other financial obligation arising from the cancellation terms shown on the reservation must be resolved directly between the guest and host. Lucky Backyards cannot reverse, refund, or charge back a direct payment.
5. Direct Booking fees and marketplace protection. Any fee charged by Lucky Backyards in connection with a Direct Booking will be disclosed to the guest before the reservation is confirmed. Direct Bookings are excluded from any Lucky Backyards host or guest protection, guarantee, damage-deposit programme, or payment-dispute process, whether now offered or introduced later.
6. No payment records or tax documentation. Lucky Backyards does not issue receipts, payout statements, earnings summaries, or tax documentation for Direct Bookings. Hosts are solely responsible for their own records and for any tax obligations arising from money received directly.
7. The reservation is still binding between you. Approval of a Direct Booking holds the dates on the host’s Lucky Backyards calendar and creates a reservation record. Both parties are expected to honour it, and both remain bound by the House Rules, the Ground Rules for Guests, and the cancellation terms shown on the reservation.
8. Conduct rules still apply. All other obligations under these Terms — including our rules on misrepresentation, harassment, discrimination, unsafe listings, and off-platform solicitation — apply to Direct Bookings in full. Reports of fraud or misconduct may lead to suspension or removal from Lucky Backyards even where we cannot recover any money on your behalf.
9. Risk sits with the guest and host. To the fullest extent permitted by law, Lucky Backyards is not liable for any loss arising from a direct payment, including non-payment, overpayment, payment to the wrong recipient, fraud, chargeback, reversal, frozen or unavailable funds, payment-provider errors, payment-provider account restrictions, or a rental that did not take place as described. Lucky Backyards is also not responsible for the acts, omissions, policies, availability, or performance of any third-party payment service used by the guest or host.

If you would prefer Lucky Backyards to process the payment, handle payment-related refunds, and keep formal payment records, choose a listing that offers Secure online booking.