Legal · MyDivePod
Master Agreement for Pod Organisers on the MyDivePod Platform. Read carefully before activating as a Pod Organiser.
This is a summary for Pod Organisers — it is not the binding text. Parts 2–21 prevail in any conflict. MyDivePod is a marketplace technology platform. It is not the tour operator, not your employer, not your guarantor, and not a party to the actual delivery of any Trip. You are an independent contractor. You decide which Pods to create, which Operators to work with, and how to price your Markup. Customers pay the Operator Standard Rate plus your Markup. You retain 100% of your Markup. MyDivePod pays you an Organisation Share on each Confirmed Booking, every fifteen (15) days via Stripe Connect. You also earn a Guide Bonus of USD 500 for every 6 Confirmed Spots sold. There are two guide types — Founding Guides and Ambassador Guides — differing only in Organisation Share rate. The only bypass restriction is narrow and limited to the life of each individual Pod.
"Booking" — a reservation by a Customer of one or more spots in a Pod through the Platform. "Confirmed Booking" — a Booking for which the Customer has paid the Deposit in full and on time, not cancelled, refunded or charged back. "Confirmed Spot" — a spot paid in full, not cancelled, and scheduled within 12 months. "Customer Price" — the Operator Standard Rate plus Guide Markup plus Pass-Through Charges. "Founding Guide" — a Pod Organiser in Cohort 1, earning a higher Organisation Share rate fixed for life. "Guide Bonus" — USD 500 cash payment for every 6 Confirmed Spots sold. "Guide Markup / Markup" — the additional amount set by the Pod Organiser at their sole discretion; 100% retained by the Pod Organiser. "Open Pod" — publicly listed, accessible to any Customer. "Closed Pod" — restricted to a curated participant list. "Operator Standard Rate" — the per-spot rate before Markup; the sole basis for calculating Organisation Share. "Organisation Share" — the amount paid by MyDivePod to the Pod Organiser per Confirmed Booking, paid from MyDivePod's commission. "Pod Life" — from first publication until 30 days after the last Customer completes the Trip (or 30 days after cancellation). "Welcome Communication" — written confirmation of Organisation Share rate and guide type sent on activation.
The Pod Organiser is, and shall remain, an independent contractor. Nothing in these Guide Terms creates employment, partnership, joint venture, agency, or franchise. The Pod Organiser has no authority to act as agent of MyDivePod or bind MyDivePod in any way. MyDivePod operates a marketplace technology platform — it does not own, operate, manage, control, supervise, inspect, insure, or guarantee any vessel, dive site, equipment, accommodation, or Trip Services. Three commercial relationships exist in any Booking: (a) MyDivePod and the Pod Organiser — governed by these Guide Terms; (b) MyDivePod and the Operator — governed by a separate Operator Commercial Arrangement; (c) the Customer with MyDivePod and the Pod Organiser under the Booking Terms. The Pod Organiser is solely responsible for the elements of the Trip they have committed to deliver.
To act as a Pod Organiser you must: be at least 21 years of age with full legal capacity; be lawfully entitled to carry on dive-guiding or trip-organising activities in your intended jurisdictions; hold the diving certifications and qualifications you represent; not be subject to UN, US, EU, UK or UAE sanctions; and comply with all onboarding requirements. MyDivePod verifies identity and conducts KYC/AML checks before activation and periodically thereafter. You must provide all documents reasonably requested, including government-issued identification, date of birth, nationality, address, tax identification, and beneficial-ownership information. MyDivePod does not independently verify diving certifications, professional licences, insurance policies, or tax compliance — all are addressed by self-certification under Part 5.
By accepting these Guide Terms, the Pod Organiser self-certifies to MyDivePod, to Customers, and to the public. Diving credentials: you must declare all certifications held (agency, level, number), specialties, years of experience, and dives logged. You shall not represent any certification not held in good standing or lead any activity beyond your actual certifications. Insurance: MyDivePod does not require specific insurance. You are solely responsible for determining whether to obtain professional or guide liability insurance. If you have none, you bear full liability that would otherwise have been covered. Tax and legal compliance: you self-certify compliance with all tax, social security, immigration, employment, business-licensing, and other legal obligations in each jurisdiction of operation. Sanctions and AML: you are not, and are not owned or controlled by, any person subject to sanctions. Each self-certification is deemed repeated on each day you use the Platform.
Pod listings must be accurate, complete, current and not misleading, including: Operator and vessel, dates, itinerary, dive sites, Operator Standard Rate, Guide Markup, Pass-Through Charges, currency, participant numbers, certification requirements, and cancellation policy. The Pod Organiser is solely responsible for listing content. Closed Pods (Fam Pods, Guided Pods): visibility restricted to a curated list; MyDivePod handles payments and support but does not market to the general audience. Open Pods (Epic Pods): visible to any Customer; MyDivePod actively markets and sells these Pods. The Pod category may not be changed once Bookings are made except with MyDivePod's written consent. Operators make spots available under a separate Operator Commercial Arrangement — the Pod Organiser does not contract directly with the Operator for those spots.
MyDivePod collects Customer payments on the following schedule: 10% non-refundable Deposit at booking; 30% at 9 months before departure; 30% at 6 months; 30% at 3 months. Organisation Share disbursement occurs every fifteen (15) days via Stripe Connect, as each Customer tranche clears — not at trip completion. The Organisation Share is paid from MyDivePod's commission; it is not a deduction from the Customer price. The Pod Organiser retains 100% of the Guide Markup, disbursed at the same intervals. The Pod Organiser is solely responsible for all applicable taxes. MyDivePod may withhold any amount required by applicable law. MyDivePod may set off against any amount payable any amount owed by the Pod Organiser, including chargebacks, fraud-related losses, and liquidated damages. No interest accrues on any amount payable under these Guide Terms.
There are two types of Pod Organiser. Founding Guides: members of Founding Guide Cohort 1, admitted by invitation. The cohort is limited to twenty (20) guides and permanently closed once full. Founding Guides earn a higher Organisation Share rate that applies to every Pod they ever open, for life, with no reversion. Ambassador Guides: all other Pod Organisers, earning the standard Organisation Share rate. Both types earn a Guide Bonus of USD 500 for every 6 Confirmed Spots sold — uncapped, paid when the 6th spot in each batch reaches 50% of its total booking value collected. Incomplete batches carry over; there is no reset. A paid Guide Bonus is not subject to clawback for normal cancellations, except for fraud or fictitious bookings. For Founding Guides, the Organisation Share rate is fixed for life and may not be reduced without their written consent. For Ambassador Guides, the rate applies unless MyDivePod provides 30 days' written notice of a change.
Each Pod listing must set out its cancellation and refund policy consistent with the Operator Commercial Arrangement and the Booking Terms. Deposits are non-refundable except as expressly stated in the Pod listing or required by mandatory law. Customer cancellation refunds are governed by the Pod listing, Operator Commercial Arrangement, and Booking Terms. If the Pod Organiser cancels, postpones, or materially changes a Pod, they must immediately notify all affected Customers, MyDivePod, and the Operator; cooperate to arrange refunds or alternatives; and bear any liability for direct damages caused to Customers by the cancellation, except to the extent attributable to the Operator or force majeure. Neither MyDivePod nor the Pod Organiser shall be liable for failure or delay caused by force majeure, including acts of God, weather, pandemic, marine accident, regulatory action, sanctions, war, terrorism, civil unrest, or third-party service provider failure.
During the pre-final-payment phase, all communications regarding a Booking must take place through the Pod Thread. After final payment, direct contact for operational logistics is permitted, subject to the anti-circumvention rules in Part 12. The Pod Organiser must respond to Customer messages within 48 hours during the booking phase and within 24 hours in the 30 days preceding the Trip. Not less than 30 days before departure, the Pod Organiser must ensure each Customer has received detailed pre-trip information, required forms and waivers, medical questionnaires, and any other necessary preparation information. During the Trip, the Pod Organiser must act with professionalism, courtesy, and reasonable skill. The Pod Organiser must report to MyDivePod within 24 hours any incident involving serious injury or death, significant property damage, emergency evacuation, intervention by authorities, or any event that may give rise to a legal claim.
MyDivePod maintains a rating system based on Customer reviews. Ratings reflect Customer opinions — MyDivePod does not author, edit, weight, curate, or evaluate the substantive content of any review. A Pod Organiser whose rolling average rating falls below 4.6 out of 5 (subject to a minimum of five reviews) will automatically lose access to Open Pod formats. The threshold does not affect access to Closed Pods; access is recovered when the rating rises back above 4.6. The Pod Organiser must not solicit fake or inflated reviews, offer incentives for reviews of a particular nature, coerce Customers into withholding negative reviews, or attempt to manipulate the rating system in any way. Detected manipulation is a material breach of these Guide Terms. The Pod Organiser may flag reviews they believe are defamatory, abusive, or in violation of MyDivePod's content policies.
The anti-circumvention restriction is intentionally narrow: it applies only during the life of each individual Pod and ceases automatically when that Pod's life ends. During Pod Life, the Pod Organiser must not, directly or indirectly, in respect of any Customer who has made a Booking on that Pod: solicit, accept, or process payment outside the Platform for the associated Trip or any comparable trip; sell, arrange, or commit to provide any comparable trip outside the Platform; or suggest, encourage, or invite that Customer to contact the Pod Organiser directly for future trips that could be offered through the Platform. Operational logistics communications (embarkation, transfers, packing, post-trip follow-up) are permitted. If an Operator suggests off-Platform booking during Pod Life, the Pod Organiser must notify MyDivePod within 7 days and decline to facilitate. Liquidated damages for each breach: the greater of (a) 3× the Organisation Share MyDivePod would have paid plus retained commission, or (b) USD 2,000. After Pod Life expires, the Pod Organiser is free to engage with those Customers outside the Platform.
The Pod Organiser must not: misrepresent identity, certifications, audience, insurance, or any other material fact; create fictitious Pod listings or Bookings, or inflate or manipulate Platform metrics; engage in harassment, discrimination, abuse, or sexual misconduct in connection with Pod activities; use the Platform for any unlawful purpose including money laundering, sanctions evasion, fraud, or tax evasion; post content that infringes third-party rights, is defamatory, obscene, hateful, or unlawful; interfere with or attempt to gain unauthorised access to the Platform, any account, or any data; violate the Guide Bonus anti-gaming rules in Part 8; or encourage, facilitate, or assist any third party in doing any of the above.
MyDivePod may suspend an account with or without notice where there are reasonable grounds to believe: the Guide Terms have been breached; conduct creates risk to Customers, Operators, or MyDivePod; verification information is missing or inaccurate; or suspension is required by law. MyDivePod may terminate immediately for: material breach not cured within 15 days; fraud or dishonesty; safety-related misconduct; sanctions or AML breach; or any ground making continued participation untenable. The Pod Organiser may terminate for convenience on 30 days' written notice — no new Pods may be created from the date of notice, but all open Pods must be delivered. MyDivePod may also terminate for convenience on 30 days' written notice. On termination: the anti-circumvention covenant continues for active Pod Lives; indemnification, confidentiality, intellectual property, and dispute resolution obligations survive indefinitely.
The Pod Organiser is solely responsible for, and shall bear all liability arising from, their conduct, the elements of the Trip they have agreed to deliver, representations to Customers, and compliance with applicable law. The Pod Organiser shall indemnify, defend, and hold harmless MyDivePod and its affiliates from and against any and all claims, liabilities, costs, expenses, and damages arising out of or relating to: breach of these Guide Terms; the Pod Organiser's acts or omissions; any inaccuracy in a self-certification; claims by Customers, Operators, or third parties arising from a Trip; tax or social security charges asserted against MyDivePod on account of the Pod Organiser; and any claim that the Pod Organiser is an employee of MyDivePod. MyDivePod's total aggregate liability shall not exceed the greater of: (a) aggregate Organisation Shares paid in the 12 months preceding the event; or (b) USD 1,000. MyDivePod is not liable for indirect, incidental, special, punitive, or consequential damages.
The Pod Organiser must keep confidential all non-public information disclosed by MyDivePod, including Operator Commercial Arrangement terms, pricing, technology specifications, financial reports, and internal communications. This obligation survives termination indefinitely. The Pod Organiser may access and process Customer personal data only to the extent necessary to deliver services, must not retain Customer contact details beyond the period necessary for trip delivery, and must comply with DIFC Data Protection Law and applicable data protection legislation. The Pod Organiser retains ownership of content uploaded to the Platform but grants MyDivePod a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to use, copy, modify, adapt, distribute, and publish that content in connection with the Platform. All right, title, and interest in the Platform, the MyDivePod name, marks, logos, and software remain the exclusive property of MyDivePod.
The following documents are incorporated by reference and form part of the agreement: MyDivePod Booking Terms and Conditions; MyDivePod Guide Quick Terms (plain-language summary; Guide Terms prevail in conflict); MyDivePod Privacy Policy; MyDivePod Community and Content Policy; MyDivePod Review Policy. In the event of conflict, these Guide Terms prevail in respect of the matters they address, and each incorporated document prevails in respect of the matters it specifically addresses.
MyDivePod may amend these Guide Terms from time to time. Material amendments take effect only after at least 30 days' written notice to active Pod Organisers. Non-material amendments may take effect on shorter notice. For Founding Guides, any amendment that materially and adversely reduces the Organisation Share rate requires that Founding Guide's written consent. Continued use of the Platform after the effective date of an amendment constitutes acceptance of the amended Guide Terms. A Pod Organiser who does not accept an amendment may terminate under the voluntary termination provisions.
Before commencing any formal dispute resolution proceeding, the parties shall negotiate in good faith for at least 30 days following written notice of the dispute. Any dispute not resolved through negotiation shall be referred to and finally resolved by binding arbitration administered by the DIFC Arbitration Institute under its Arbitration Rules. The seat is the DIFC. The arbitration shall be conducted by a single arbitrator in English. All proceedings are on an individual basis only — the Pod Organiser waives any right to participate in any class, collective, representative, or consolidated proceeding. Either party may seek interim or conservatory relief from the DIFC Courts for intellectual property, confidentiality, anti-circumvention, or other matters requiring urgent protection, without waiving the right to arbitration.
These Guide Terms are governed by the laws of the Dubai International Financial Centre (DIFC) and, to the extent applicable, the federal laws of the UAE. These Guide Terms (together with the Incorporated Documents listed in Part 17) constitute the entire agreement between MyDivePod and the Pod Organiser. If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in full force. The Pod Organiser may not assign these Guide Terms without MyDivePod's prior written consent. MyDivePod may assign at any time, including in connection with a merger, acquisition, or sale of assets. These Guide Terms are concluded in English — any translation is for convenience only and the English version prevails. Notices to MyDivePod: legal@mydivepod.com. Notices to the Pod Organiser: the email address recorded in the Pod Organiser's account.
By accepting these Guide Terms, or by activating as a Pod Organiser on the Platform, the Pod Organiser acknowledges: (a) they have read and understood these Guide Terms in their entirety; (b) they are an independent contractor, not an employee, agent, or partner of MyDivePod; (c) they are responsible for their own compliance, tax, insurance, and credentials; (d) MyDivePod does not verify, certify, or endorse the Pod Organiser or their activities; (e) their Organisation Share rate is confirmed in their Welcome Communication and governs all Pods opened by them; (f) they are bound by the anti-circumvention covenant in Part 12 during each Pod's life and by the liquidated damages provision for breaches; (g) they are bound by the Incorporated Documents in Part 17; and (h) disputes are resolved by DIFC arbitration on an individual basis.
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