These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User," "Member," "Expert," or "you") and Flying Fish Anglers Club LLC, doing business as Flying Fish Outdoors ("FFO," "we," "us," or "our").
By checking the "I agree" checkbox during registration, account creation, expert onboarding, or initiating a live session or paid subscription, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
Your continued use of the Platform after any modification to these Terms constitutes your acceptance of the revised Terms.
To use the Platform you must:
By using the Platform you represent and warrant that you meet all of the above requirements.
When you create an account or register as an expert, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
Notify us immediately at info@flyingfishoutdoors.com of any unauthorized use of your account. FFO is not liable for any loss or damage arising from your failure to protect your credentials.
FFO reserves the right to refuse registration, suspend, or terminate accounts at its sole discretion.
Flying Fish Outdoors provides the following services through its Platform:
FFO acts as a platform facilitator. FFO is not a party to agreements between users and independent experts and does not guarantee the quality, accuracy, or outcome of any expert consultation.
To list yourself as an expert, you must complete the expert application and agree to these Terms. By applying, you represent that all submitted information — including your name, credentials, certifications, experience, and location — is accurate and not misleading.
FFO reserves the right to verify expert credentials through third-party services and to reject or remove any listing at its sole discretion.
As an expert, you agree to:
Experts are independent contractors, not employees of FFO. Experts are solely responsible for their own taxes, insurance, and legal compliance.
All charges are final and non-refundable except for verified FFO infrastructure failure or expert misconduct as determined solely by FFO. Refund requests must be submitted within 48 hours of the session to info@flyingfishoutdoors.com.
Subscriptions renew automatically each month. You may cancel anytime through your account settings; access continues through the end of the paid period. No prorated refunds are issued for partial periods.
You specifically agree that:
When you submit personal information to Flying Fish Outdoors — including your name, email address, phone number, payment information, IP address, device identifiers, billing address, and any identity documents — you agree that FFO may transmit that information to third-party downstream verification and fraud prevention services for the purposes of:
FFO may share your information with identity verification providers, fraud detection platforms, credit bureaus, and payment network risk systems. These providers may retain your information per their own privacy policies. You consent to this sharing by using the Platform.
FFO uses Stripe Radar and related tools. By providing payment information, you consent to Stripe's fraud detection processes, which may analyze device fingerprints, IP addresses, card data, and behavioral signals. Stripe may decline high-risk transactions; FFO is not liable for any resulting session or purchase failures.
All expert applicants consent to background screening and credential verification as a condition of listing on the Platform. Applicants agree that FFO may verify licenses and certifications with issuing authorities and third-party services.
Fraud, including providing false identity information, initiating unauthorized chargebacks, or using stolen payment methods, will result in immediate account termination, law enforcement reporting, and civil action.
By using the Platform, you consent to the collection, use, and sharing of your information as described in our Privacy Policy and these Terms, including:
Session chat logs are retained for up to 90 days for dispute resolution and quality assurance. Catch Report data (GPS coordinates, species, count, timestamp) is retained indefinitely as part of the Fish Gouge community intelligence database and may be displayed in aggregated, anonymized form to other members. Individual catch reports are attributed to your member handle unless you submit anonymously. You may request deletion of personal data by contacting us, subject to legal retention requirements.
By initiating or participating in a live session, you agree that:
Current membership tiers:
Memberships are non-transferable and for individual use only. Sharing credentials to grant others access to a paid tier is prohibited and may result in termination.
By posting questions, answers, or comments on the Platform, you grant FFO a non-exclusive, royalty-free, worldwide license to use, display, and distribute that content in connection with operating and promoting the Platform. You represent that you own or have rights to all content you post and that it does not infringe third-party rights. FFO may remove any content at its sole discretion.
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. FFO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FFO'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO FFO IN THE 90 DAYS PRIOR TO THE CLAIM OR (B) $100 USD.
FFO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. Fishing and water activities carry inherent risks. FFO is not responsible for any injury or damage resulting from activities undertaken in reliance on expert advice.
FFO MAKES NO REPRESENTATION, WARRANTY, OR CERTIFICATION OF ANY KIND REGARDING:
A Verified Captain badge displayed on a listing reflects only that the host member self-reported holding a USCG OUPV license at the time of listing. FFO does not independently verify, monitor, or re-verify any license claim. The badge is an unverified member assertion, not an FFO certification.
PASSENGERS ASSUME ALL RISK associated with boarding any vessel arranged through the Platform. By using the Platform to join a member boat trip, you acknowledge that you have independently assessed the host member's qualifications and the vessel's condition to your own satisfaction, and that FFO has no role in, responsibility for, or liability arising from any on-water activity.
You agree to defend, indemnify, and hold harmless FFO, its officers, directors, employees, and contractors from any claims, liabilities, damages, costs, or fees (including attorneys' fees) arising from: (a) your violation of these Terms; (b) your content; (c) your use of the Platform; or (d) your violation of any law or third-party rights.
Without limiting the foregoing, each member expressly agrees to indemnify and hold FFO harmless from any claim, lawsuit, regulatory action, fine, or liability — including claims for personal injury, death, property damage, or maritime incident — arising out of or related to any boat trip, vessel operation, or on-water activity coordinated through the Platform, regardless of whether such claim is brought by the member, a co-participant, a third party, the U.S. Coast Guard, or any other governmental authority. This indemnification applies whether or not FFO was allegedly negligent in failing to verify any captain's credentials or vessel's condition.
FFO may suspend or terminate your access at any time, with or without cause or notice, including for Terms violations, fraud, or non-payment. Upon termination, your right to use the Platform immediately ceases. Sections 7, 8, 13, 14, and 16 survive termination.
These Terms are governed by the laws of the State of California. Disputes shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration through the American Arbitration Association in Los Angeles County, California.
Class Action Waiver: You waive any right to participate in a class action lawsuit or class-wide arbitration against FFO.
FFO may modify these Terms at any time. Material changes will be posted on the Platform with an updated effective date. Continued use after notice of changes constitutes acceptance. If you disagree with updated Terms, discontinue use and cancel your membership for a refund of prepaid unused time.
The FFO Booking Fee ($100 per trip request) is a platform facilitation charge paid by the requesting member to Flying Fish Outdoors. It covers the cost of connecting members, processing the transaction, and maintaining the platform. It is not a charter fare, transportation fee, or payment for the services of any boat operator.
A portion of the FFO Booking Fee ($50) is remitted to the host member as a Trip Cost Contribution. This amount is applied toward verifiable, out-of-pocket expenses the host member incurs in connection with the shared trip, which may include:
The Trip Cost Contribution is not a wage, fee for hire, guide fee, charter rate, or compensation for the host member's time or labor. It is a partial reimbursement of shared recreational trip expenses.
The Trip Cost Contribution remitted to any host member shall not exceed the host member's actual, documented out-of-pocket costs for that trip. If actual trip costs are less than the Trip Cost Contribution amount, the host member agrees to treat the excess as a platform credit or return it upon request by FFO. Host members may not profit from Trip Cost Contributions. Any amount received above verified actual trip costs is subject to clawback by FFO.
All boat trips coordinated through FFO are private, recreational outings among members of a private fishing club. FFO does not operate, charter, or hire vessels. Host members are not acting as captains-for-hire, guides, or commercial operators. Passengers are not purchasing transportation or guide services. The platform facilitates introductions and cost-sharing among members engaged in shared recreational fishing — consistent with the cost-sharing exception recognized under 46 U.S.C. § 2101 and applicable USCG guidance.
Boating and fishing involve inherent risks including, without limitation, rough water, mechanical failure, adverse weather, operator error, and the possibility of serious injury or death. By joining any member boat trip arranged through FFO, you voluntarily assume all such risks. You release FFO and its officers, directors, employees, and agents from any and all claims, demands, or causes of action arising from participation in any on-water activity, including claims arising from FFO's failure to verify any captain's credentials, vessel condition, or compliance with applicable law.
Host members are solely responsible for ensuring their vessel is properly documented, insured, and operated in compliance with all applicable federal, state, and local laws. FFO makes no representation that any host member holds a USCG Operator of Uninspected Passenger Vessels (OUPV/Six-Pack) license. Members who hold a valid OUPV license may display a Verified Captain badge on their listing. The absence of that badge means the host has not claimed licensure — passengers accept all associated risk.
When a trip request is accepted by a host member, the requesting member (the Booking Member) is required to pay the $100 FFO Booking Fee in full to confirm the trip. Payment is processed through Stripe. The full $100 is held in FFO’s Stripe balance and is not disbursed until the conditions below are met.
Exactly three (3) calendar days before the confirmed trip date, the held funds are automatically released as follows:
By confirming a trip and receiving a Booking Fee payment, the host member acknowledges that their $50 Trip Cost Contribution will not be disbursed until the 3-day release threshold is reached.
The Booking Member may cancel a confirmed trip at any time. The refund outcome is determined by when the cancellation is submitted relative to the trip date:
Refunds, where applicable, are returned to the original payment method. FFO is not responsible for delays in refund processing by the card issuer or bank.
To receive Trip Cost Contribution payouts, host members must complete Stripe Connect onboarding and link a valid U.S. bank account through the FFO platform. FFO is not responsible for failed or delayed transfers resulting from incorrect, outdated, or unverified banking information provided by the host member.
The following are explicitly non-refundable regardless of timing:
If a host member cancels a confirmed trip for any reason, the Booking Member is entitled to a full $100 refund regardless of timing. Repeated host-initiated cancellations may result in suspension of the host member’s Open Boats listing.
Fish Gouge is FFO's proprietary real-time fishing intelligence system. Reports are produced by a dedicated network of licensed captains, marine scientists, oceanographers, and data analysts who monitor conditions, catch activity, and species movement across Southern California and Baja waters in real time. Captain partners in the FFO network contribute live catch reports directly from the water, which are reviewed and interpreted by FFO's expert team before being published to members. Fish Gouge is a members-only feature available to all active FFO subscription tiers.
The methods, processes, data interpretation frameworks, and reporting systems used to produce Fish Gouge intelligence constitute proprietary trade secrets of Flying Fish Outdoors, LLC. FFO has developed its intelligence methodology over years of on-the-water experience and expert collaboration. Members and third parties may not attempt to reverse-engineer, replicate, scrape, or reproduce the Fish Gouge intelligence system or its outputs for commercial purposes. Unauthorized use of Fish Gouge data or methodology outside of your personal membership is prohibited and may constitute misappropriation of trade secrets under applicable law.
The Catch Report feature allows FFO app users to submit fishing activity reports — including species caught, catch count, GPS location, timestamp, and optional photographs — directly from the water. By submitting a Catch Report, you:
The Catch Report feature requests access to your device's GPS receiver. GPS location is captured only when you actively submit a Catch Report — the app does not track your location in the background. GPS data is transmitted to FFO servers when connectivity is available and stored as part of the Fish Gouge database. You may disable location access at any time in your device settings, though doing so will prevent GPS coordinates from being included in your reports.
FFO is not liable for the accuracy of GPS coordinates provided by your device. At sea, GPS accuracy may vary due to atmospheric conditions, satellite availability, or device limitations. You assume all responsibility for navigation decisions made in reliance on Fish Gouge data or your own device's GPS readings.
Photos and videos submitted with Catch Reports must be your own original content. By submitting any photo, video clip, or other media, you:
FFO will not sell your individual submitted media to unaffiliated third parties. Media submitted with anonymous Catch Reports will not be publicly attributed to any user. You may contact us at info@flyingfishoutdoors.com to request removal of previously submitted media from public-facing channels; however, FFO retains the right to keep such media in the Fish Gouge intelligence database.
Fish Gouge intelligence is informed by a combination of direct captain catch reports, observations from FFO's network of marine scientists and oceanographers, and publicly available environmental reference data including NOAA satellite sea surface temperature data, tide prediction services, and publicly accessible regional fishing report sources. All third-party environmental data is used solely as reference context by FFO's expert team and does not constitute the basis of FFO's proprietary intelligence outputs. FFO respects third-party intellectual property rights and only references publicly available content permitted under applicable terms. If you believe FFO has incorrectly used content owned by you or your organization, contact us at info@flyingfishoutdoors.com.
Fish Gouge data — including catch reports, migration signals, and bite intelligence — is provided for informational purposes only. FFO does not guarantee the accuracy, completeness, or timeliness of any Fish Gouge data. Fishing conditions change rapidly; do not rely solely on Fish Gouge for safety, navigation, or fishing decisions. Always exercise independent judgment and follow all applicable fishing regulations, licensing requirements, and maritime safety protocols.
The FFO app is not a maritime safety or distress signaling device. Do not use the Catch Report feature or any FFO app feature as a substitute for a VHF radio, EPIRB, or other certified marine emergency equipment. If you are in distress at sea, use your VHF radio to broadcast a MAYDAY on Channel 16 or activate your EPIRB. The GPS capture in the FFO Catch Report feature is for fishing intelligence purposes only and does not transmit to the US Coast Guard or any emergency services.