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SEAK Tours

Terms of Service

Last updated: April 10, 2026

SEAK Tours LLC ("SEAK Tours," "we," "us," or "our") operates a GPS-triggered audio walking tour for cruise passengers in Ketchikan, Alaska. Please read these Terms of Service carefully before purchasing or using the app. By completing a purchase or using the app, you agree to be bound by these terms.

1. What SEAK Tours Is

SEAK Tours is a digital audio walking tour application for downtown Ketchikan, Alaska. The app delivers GPS-triggered narrated stories at waypoints along a planned walking route. It is a digital product delivered entirely through your mobile browser — no physical goods are involved.

The tour is designed for use by visitors physically present in downtown Ketchikan, Alaska. The app requires GPS access and a modern mobile browser (iOS Safari or Android Chrome recommended).

2. Purchase and Access

Access to the full tour content requires a one-time payment. Upon successful payment through our payment processor (Stripe), your device will be unlocked to access all tour stops and audio narration.

• Immediate delivery. Tour content is delivered immediately upon payment confirmation. No download or installation beyond adding to your home screen is required.
• Single-device license. Your purchase grants access on one device. The unlock is stored in your browser's local storage and is tied to that device and browser.
• Shared use. You may allow others to use the tour on your device. However, SEAK Tours is not liable for any injury, damage, or loss experienced by anyone using the tour through your device — all users are bound by the Assumption of Risk and Release of Liability in Section 4, whether or not they personally completed the purchase. You are responsible for ensuring that anyone you share access with is aware of and agrees to these Terms.
• Same-day use. Your purchase is intended for use on the day of purchase while you are in Ketchikan, Alaska. Access remains available on your device after that day, but the tour is designed as a single-day walking experience and SEAK Tours does not guarantee long-term availability of the service.
• Browser storage. Your access is stored in your browser's local storage. Clearing your browser data will remove your access — contact us at hello@seaktours.com with your Stripe receipt to restore it.

3. Tour Content and Data

SEAK Tours provides narrated historical and cultural information about downtown Ketchikan based on research and best available sources. We make reasonable efforts to ensure accuracy, but:

• The accuracy of historical information is provided on a best-effort basis. We do not warrant that all information is complete, current, or error-free.
• Walking routes and points of interest are subject to change due to construction, business closures, or other circumstances beyond our control.
• SEAK Tours is not responsible for physical conditions along the walking route, including construction, closures, uneven terrain, weather conditions, or other hazards.
• Users are responsible for their own safety while using the app. Always be aware of your surroundings, traffic, and physical conditions while walking.

We collect limited anonymous usage data to improve the tour. Full details, your rights, and opt-out options are in our Privacy Policy. Audio narration is produced using AI voice synthesis technology. All content is copyright SEAK Tours LLC — do not reproduce without written permission.

For refund eligibility and process, see our Refund Policy.

4. Safety, Assumption of Risk, and Release of Liability

SEAK Tours is a self-guided audio walking tour through downtown Ketchikan, Alaska. You will walk on public streets, sidewalks, boardwalks, paths, and stairs while listening to audio narration through your phone. There is no physical guide with you. SEAK Tours does not monitor your location or safety during the tour.

Please stay aware of your surroundings at all times. Audio narration can be distracting. We suggest:

• Using only one earbud, or keeping your volume low enough to hear traffic, other pedestrians, and ambient sounds around you.
• Pausing audio playback when crossing streets, intersections, or navigating uneven terrain.
• Obeying all traffic signals, crosswalk rules, and local pedestrian laws.
• Watching your step — surfaces may be uneven, wet, or slippery.

RISKS OF THIS ACTIVITY

Walking outdoors in Ketchikan involves risks that could result in BODILY INJURY, DISABILITY, or DEATH. These risks include, but are not limited to:

• Wet and slippery surfaces — Ketchikan receives over 160 inches of rain per year. Sidewalks, boardwalks, and paths may be wet, slippery, or icy at any time.
• Uneven terrain — Historic boardwalks, wooden walkways, and older sidewalks may have uneven planks, gaps, raised edges, or other tripping hazards.
• Vehicle and pedestrian traffic — The tour route crosses public streets and intersections with vehicle traffic.
• Audio distraction — Listening to narration through headphones or your phone speaker may reduce your awareness of your surroundings, traffic, and other hazards.
• Stairs and elevation changes — Parts of the route include stairs and uphill/downhill sections.
• Proximity to water — Portions of the route are near Ketchikan Creek and the Tongass Narrows waterfront. Boardwalks are built over water on pilings.
• Weather exposure — Rain, wind, cold temperatures, and rapidly changing weather conditions are common in Ketchikan.
• Wildlife — Bears, eagles, and other wildlife are occasionally present in downtown Ketchikan.
• Construction and route changes — Construction zones, temporary closures, and changes to sidewalks or buildings may occur without notice along the route.

ASSUMPTION OF RISK

I UNDERSTAND AND ACKNOWLEDGE THAT PARTICIPATING IN THIS WALKING TOUR INVOLVES INHERENT RISKS, INCLUDING THE RISK OF BODILY INJURY, DISABILITY, AND DEATH. I VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN.

RELEASE OF LIABILITY FOR NEGLIGENCE

I VOLUNTARILY RELEASE, WAIVE, AND DISCHARGE SEAK TOURS LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, OR DEMANDS ARISING FROM BODILY INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR DURING OR AS A RESULT OF MY PARTICIPATION IN THIS WALKING TOUR, INCLUDING LIABILITY ARISING FROM THE NEGLIGENCE OF SEAK TOURS LLC.

This release includes, but is not limited to, liability for:

• The NEGLIGENCE of SEAK Tours in designing, maintaining, or updating the tour route
• The NEGLIGENCE of SEAK Tours in providing audio content that may be distracting
• The NEGLIGENCE of SEAK Tours in failing to warn of hazards along the route
• The NEGLIGENCE of SEAK Tours in providing inaccurate GPS triggers or route information
• Errors, omissions, or inaccuracies in the app's route guidance or safety information

I understand that SEAK Tours seeks to provide an enjoyable experience, but SEAK Tours DOES NOT GUARANTEE MY SAFETY and DOES NOT REPRESENT OR PROMISE ANY STANDARD OF SAFETY OR MAINTENANCE along the tour route. The tour route passes through public areas that SEAK Tours does not own, control, or maintain.

THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, RECKLESS CONDUCT, OR INTENTIONAL MISCONDUCT BY SEAK TOURS LLC.

YOUR AGREEMENT

By purchasing and using this tour, you confirm that:

• You have read and understand this Assumption of Risk and Release of Liability
• You are at least 18 years of age (or your parent/guardian has accepted this agreement on your behalf)
• You are voluntarily choosing to participate in this walking tour
• You accept full responsibility for your own safety during the tour

Users under 18 years of age must be accompanied and supervised by a responsible adult who has accepted these terms on their behalf, consistent with AS 09.65.292.

5. Technical Requirements

The app requires:

• A modern smartphone with GPS capability
• iOS Safari (iPhone) or Chrome (Android) browser
• Location permissions granted to the browser
• Initial internet connection to load the app (subsequent use may work offline after content is cached)

SEAK Tours is not responsible for technical failures caused by your device, operating system, browser, or network conditions.

6. Limitation of Liability

To the fullest extent permitted by applicable law, and as set forth in the Assumption of Risk and Release of Liability in Section 4, SEAK Tours LLC, its owners, officers, employees, agents, affiliates, and licensors shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the app or your participation in the walking tour, including but not limited to BODILY INJURY, DISABILITY, DEATH, or property damage, whether caused by the NEGLIGENCE of SEAK Tours or otherwise.

SEAK Tours DOES NOT GUARANTEE YOUR SAFETY at any point during the tour. SEAK Tours provides audio content and suggested routes only. The tour route passes through public areas that SEAK Tours does not own, control, or maintain.

Our total liability to you for any claim arising from these terms or your use of the app, whether in contract, tort, strict liability, or otherwise, shall not exceed the amount you paid for your purchase. This limitation does not apply to claims arising from gross negligence, reckless conduct, or intentional misconduct by SEAK Tours LLC.

7. Indemnification

You agree to indemnify, defend, and hold harmless SEAK Tours LLC, its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

• Your participation in the walking tour
• Your violation of these Terms of Service
• Your violation of any applicable law or regulation while using the tour
• Any injury or damage to yourself or third parties occurring during your use of the tour

This indemnification obligation does not apply to claims arising from the gross negligence, reckless conduct, or intentional misconduct of SEAK Tours LLC.

8. Dispute Resolution and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Class action waiver. YOU AGREE THAT ANY DISPUTE ARISING FROM THESE TERMS OR YOUR USE OF SEAK TOURS WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You waive the right to bring, join, or participate in any class action, collective action, representative action, or consolidated proceeding against SEAK Tours LLC. This waiver applies whether the dispute is in court, arbitration, or any other forum.

Informal resolution first. Before filing any claim, you agree to contact us at hello@seaktours.com and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved quickly this way.

Small claims court. Either party may bring an individual action in small claims court in Ketchikan, Alaska, provided the claim falls within the court's jurisdictional limits.

Statute of limitations. Any claim or cause of action arising from your use of the tour or these terms must be filed within one (1) year after the event giving rise to the claim. Claims filed after this period are permanently barred.

9. Modifications

We may update tour content, routes, features, and these Terms at any time. For material changes to liability, dispute resolution, or data collection sections, we will provide notice through the app at least 14 days before changes take effect. Continued use after changes constitutes acceptance.

10. General Provisions

Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and SEAK Tours LLC. No verbal representations or marketing materials modify these terms.

Governing law. These Terms are governed by the laws of the State of Alaska. Disputes shall be resolved in the courts of Ketchikan, Alaska.

11. Contact

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