Park Operator Agreement
Last updated: May 14, 2026This Park Operator Agreement ("Agreement") governs the relationship between World Wake App ("WWA", "the Platform", "we", "us", or "our") and you, the wakepark operator ("Operator", "you", or "your"). By registering as a Park Operator on WWA, listing your wakepark, or accepting bookings through the Platform, you agree to the terms of this Agreement. This Agreement supplements the general Terms of Service, which also apply to your use of the Platform.
1. Marketplace Relationship
WWA operates as a marketplace platform connecting riders with cable wakeparks. You use WWA as an independent booking channel to reach potential customers. WWA is not your employer, partner, joint venturer, or agent. This Agreement does not create an employment, franchise, or agency relationship between you and WWA. You remain solely responsible for operating your wakepark, delivering services, and complying with all applicable laws and regulations.
2. Service Fee and Settlement Model
WWA does not charge the Operator any commission or platform fee. WWA's revenue comes from a Service Fee (currently 2.9% of the sports service price) that is added to the Rider's cart as a separate line item and paid directly by the Rider to WWA for the online booking technology service. The sports service price set by the Operator is settled in full to the Operator's Stripe account (less only the payment processor fees charged by Stripe — see Section 3).
The Operator acts towards the Rider as the seller of the sports service (Merchant of Record) and a party to the contract. The payment for the sports service is created directly on the Operator's Stripe account using the Stripe Connect "direct charges" model — the funds settle immediately to the Operator's Stripe balance and do not pass through WWA's account. The payment processor (Stripe) fees are deducted directly from the Operator's transaction, not from a subsequent bank payout. The Operator is solely responsible for tax compliance (VAT, fiscal receipts, sales reporting), issuing the receipt or invoice to the Rider, and compliance with consumer protection law. WWA is neither a party to this transaction nor the seller of the sports service.
Because the Service Fee is collected by WWA directly from the Rider and not from the Operator, WWA and the Operator do not need to exchange commission invoices in connection with bookings. WWA reserves the right to adjust the Service Fee rate with at least 30 days' written notice. Continued use of the Platform after the change takes effect constitutes acceptance of the new rate.
3. Operator Responsibilities
As a Park Operator on WWA, you are responsible for:
- Maintaining accurate and up-to-date availability, pricing, and time slot information on the Platform.
- Delivering services of adequate quality consistent with your listing descriptions and applicable industry standards.
- Ensuring compliance with all applicable health, safety, and environmental regulations at your facility, including but not limited to water sports safety standards, equipment maintenance, and lifeguard/instructor requirements.
- Maintaining adequate liability insurance covering your wakepark operations and all activities offered through the Platform.
- Holding all required business licenses, permits, and certifications necessary to operate a commercial wakepark in your jurisdiction.
- Responding promptly to booking inquiries, cancellation requests, and customer communications related to Platform bookings.
- Collecting and remitting all applicable taxes (including VAT) on your services. WWA does not collect or remit taxes on behalf of Operators.
- Issuing sales documents (receipts or VAT invoices) to Riders for the full base price of the sports service (i.e., the price set by the Operator), regardless of the fact that the payment processor Stripe deducts its own fees from the Operator's payout.
- Bearing the payment processor (Stripe) costs for processing payments related to the sports service base price. These costs are automatically deducted by Stripe from the Operator's bank payout and are not borne by WWA or the Rider.
- Acknowledging that the Platform's waiver collection functionality is provided on a purely technical basis. WWA does not verify the identity, age, or truthfulness of declarations made by users. The Operator is solely responsible for verifying user age (including checking parental or legal guardian consent where required) and for assessing the legal validity of waivers submitted by users at the Operator's facility. WWA assumes no liability for any legal consequences arising from missing, incomplete, or defective waivers.
4. Operator's Own Terms and Conditions
As the Operator, you are solely responsible for providing your own Terms and Conditions for the services offered via the Platform. You represent and warrant that your Terms and Conditions are compliant with all applicable laws, including consumer protection regulations and GDPR.
WWA does not review, verify, or endorse your Terms and Conditions. You assume full legal and financial liability for the content of your terms. If WWA faces any claims, demands, or penalties from users or authorities resulting from unlawful or prohibited clauses (e.g., abusive clauses) in your Terms and Conditions, you agree to indemnify and hold WWA harmless, covering all associated legal costs and damages.
You are responsible for ensuring that your terms properly govern the relationship between you and the Rider, including your specific policies on cancellations, refunds, safety requirements, and participation conditions.
5. Technical Liability Exclusion
The Platform software is provided to the Operator on an AS-IS and AS-AVAILABLE basis. WWA assumes no liability for any source code errors, software bugs, database corruption, data synchronisation delays, application logic errors, or any other technical defects of the Platform. The Operator acknowledges that software is inherently prone to errors and failures.
WWA assumes no liability for overbooking, double bookings, booking conflicts, or time slot availability discrepancies resulting from system latency, synchronisation lags, race conditions, or any other software defects. The Operator is solely responsible for verifying bookings at their facility and for managing any booking conflict situations.
WWA assumes no liability for failures, outages, data loss, or any other issues arising from the operation or unavailability of third-party infrastructure, including but not limited to: Stripe (payment processing), Supabase (database and authentication), Vercel (hosting and CDN), cloud service providers, DNS servers, content delivery networks, as well as for unauthorised system access, cyber attacks, DDoS attacks, and data security breaches caused by third parties.
WWA assumes no liability for the Operator's lost profits (lucrum cessans), including but not limited to lost revenue, lost bookings, lost business opportunities, loss of customers, opportunity costs, or any other consequential or indirect damages, regardless of their cause — including Platform unavailability during peak periods, weekends, holidays, or high season. The Operator waives all claims on this basis.
In any event, WWA's total aggregate liability to the Operator under this Agreement shall not exceed the Service Fees collected from the Operator's bookings in the 12 months preceding the claim.
The liability exclusions and limitations set out in this Agreement apply to the maximum extent permitted by Polish law, in particular the provisions of the Civil Code (Kodeks cywilny). These exclusions do not apply to damages caused by WWA through intentional fault (wina umyslna).
6. Data Sharing and Privacy
When a rider makes a booking at your wakepark, WWA shares the rider's name and email address with you for the sole purpose of fulfilling the reservation. You are an independent data controller for any personal data you receive through the Platform. You must handle all personal data in compliance with the General Data Protection Regulation (GDPR) and applicable Polish data protection law. You may not use rider data for marketing purposes without obtaining separate, explicit consent directly from the rider. You may not sell, share, or transfer rider data to third parties except as necessary to fulfill the booking.
7. Reporting Obligations (DAC7 Directive)
The Operator agrees to provide WWA, upon request, with all identification and tax data required for WWA to fulfill its reporting obligations as a digital platform operator under Council Directive (EU) 2021/514 (DAC7) and implementing national legislation. Such data includes, but is not limited to: tax identification number (TIN/NIP), full legal entity name, registered business address, IBAN bank account number, and any other information required by the competent tax authorities. The Operator must provide the requested data within 14 days of receiving a request. Failure to provide the required data within this period may result in suspension of payouts via Stripe until WWA obtains the complete information.
8. Indemnification
You agree to indemnify, defend, and hold harmless WWA, its officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: injuries, accidents, or property damage occurring at your facility, the quality, safety, or legality of services you provide, your breach of this Agreement, your violation of applicable laws or regulations, your handling of personal data received through the Platform, or disputes with riders relating to your services, cancellation policies, or refund practices.
9. Content License
By listing your wakepark on WWA, you grant WWA a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your park name, logo, photographs, descriptions, pricing, and other listing content in connection with operating and promoting the Platform. This license continues for the duration of your listing and for a reasonable period after removal to allow for cached content expiration. You represent that you have the right to grant this license for all content you submit.
10. Termination
You may terminate this Agreement and remove your listing at any time by providing 30 days' written notice to WWA at contact@worldwake.app. You remain responsible for fulfilling all bookings confirmed before the termination date.
WWA may suspend or terminate your account immediately and without prior notice if you: violate this Agreement or the general Terms of Service, receive safety complaints or reports from riders, fail to maintain required insurance or licenses, engage in fraudulent or illegal activity, or pose a risk to rider safety. For non-urgent matters, WWA will provide 30 days' notice before termination.
Upon termination, your listing will be removed from the Platform. Pending bookings will be handled according to your cancellation policy. Any outstanding payouts will be processed within 30 days of termination, less any applicable fees or chargebacks.
11. Governing Law
This Agreement is governed by and construed in accordance with the laws of Poland. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Poland.
12. Contact
For questions about this Park Operator Agreement, please contact us at contact@worldwake.app.