FREE YOUR MIND KITEBOARDING : TERMS AND CONDITIONS
RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT
In consideration of receiving instruction in the sport of POWER KITING, the undersigned participant (and the parent or legal guardian of participant if participant is a minor), for themselves, their personal representatives, heirs, executors, next of kin, spouses, minor children and assigns, do agree as follows:
A. DEFINITIONS – The following definitions apply to terms used in this Agreement:
1. “POWER KITING” means the use of a large kite for the purpose of having the kite provide significant pull or having the kite propel the participant, whether it be on land, sea or air, and whether or not it be in conjunction with a vehicle, board or other device. POWER KITING is a developing sport and examples of POWER KITING activities include, but are not limited to, kiteboarding, snowkiting, kite surfing, kite buggying, kiteskating, kite jumping, and manlifting. The listing of examples in this definition is not meant to limit, in any way, the scope of the definition of POWER KITING.
2. “PARTICIPATION IN THE SPORT” means engaging in the sport of POWER KITING, and includes all activities involving the setup, use and breakdown of POWER KITING equipment, and further includes the giving or receiving of assistance or instruction in the sport of POWER KITING.
3. “SPORTS INJURIES” means personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by participant as a result of PARTICIPATION IN THE SPORT and/or as a result of the administration of any IKO programs (for example: the certification programs). If participant is under 18 years of age, the term “SPORTS INJURIES” means personal injury, bodily injury, property damage and/or any other personal or financial injury sustained by participant as well as personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by participant’s parents or legal guardians, as a result of participant’s PARTICIPATION IN THE SPORT and/or as a result of the administration of any IKO programs.
4. “RELEASED PARTIES” means the following, including their owners, officers, directors, agents, spouses, employees, officials (elected or otherwise), members, representatives, examiners, trainers, certified instructors, certified schools, independent contractors, sub-contractors, lessors and lessees:
a) The International Kiteboarding Organization (IKO);
b) Each of the person(s) sponsoring and/or participating in the administration of participant’s IKO certification(s);
c) Each of the Power Kiting organizations that are affiliated in any way with the IKO, such as schools, clubs, non-profits, etc… ;
d) Each of the property owners on or over whose property participant may PARTICIPATE IN THE SPORT;
e) All persons involved, in any manner, in the sports of POWER KITING at the site(s) where participant PARTICIPATES IN THE SPORT. “All persons involved” includes, but is not limited to, spectators, power kiters, vessel operators, assistants, drivers, schools, instructors, observers, trainers, examiners and the owners of any involved equipment; and
f) All other persons lawfully present at the site(s) during participant’s PARTICIPATION IN THE SPORT.
B. I FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT I MAY HEREAFTER HAVE FOR SPORTS INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF ANY OF THE RELEASED PARTIES, TO THE FULLEST EXTENT ALLOWED BY LAW.
C. I WILL NOT SUE OR MAKE A CLAIM against any of the RELEASED PARTIES for loss or damage on account of SPORTS INJURIES. If I violate this agreement by filing such a suit or making such a claim, I will pay all attorney’s fees and costs of the RELEASED PARTIES.
D. I AGREE THAT this Agreement shall be governed by and construed in accordance with the laws of Spain. All disputes and matters whatsoever concerning SPORTS INJURIES or arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a Court located in Spain. However, if an occurrence giving rise to SPORTS INJURIES takes place outside Spain, it territories or possessions, then any dispute concerning those SPORTS INJURIES shall be litigated, if at all, in and before a court located in the country of the occurrence.
E. SEVERABILITY. If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.
F. CONSTRUCTION. This agreement shall apply to any and all SPORTS INJURIES occurring at any time after the execution of this agreement. This agreement is in addition to and is not intended to replace any other agreements related to liability for SPORTS INJURIES that participant (or participant’s parents or legal guardians) may have signed, either in the past or in the future. To the extent that there is any conflict between such agreements, participant (and participant’s parents or legal guardians) intends to be subject to the agreement that provides the most expansive release of claims and assumption of risk allowed by law.
G. I REPRESENT THAT participant is at least 18 years of age, or, that I am the parent or legal guardian of participant and am making this agreement on behalf of myself and participant. If I am the parent or legal guardian of participant, I AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES for their defense and indemnity from any claim or liability in the event that participant suffers SPORTS INJURIES as a result of PARTICIPATION IN THE SPORT, even if caused in whole or in part by the action, inaction or negligence (whether active or passive) of any of the RELEASED PARTIES, to the fullest extent allowed by law.
H. I VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF SPORTS INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE (WHETHER PASSIVE OR ACTIVE) OF THE RELEASED PARTIES, TO THE FULLEST EXTENT ALLOWED BY LAW.
I HAVE READ THIS AGREEMENT; I FULLY UNDERSTAND THE POTENTIAL DANGERS OF ENGAGING IN POWER KITING AND THAT ACTION, INACTION OR NEGLIGENCE OF OTHERS CAN INCREASE THOSE DANGERS; I FURTHER UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PREVENT ME FROM RECOVERING MONETARY DAMAGES FROM THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJUIRY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED IN CONNECTION WITH PARTICIPANT’S PARTICIPATION IN THE SPORT.
WARNING: BY SIGNING, YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS. DO NOT SIGN WITHOUT READING!
FREE YOUR MIND KITEBOARDING : TERMS AND CONDITIONS MOROCCO
1. General provisions
This terms and conditions apply to all types of kitesurfing / surfing tuitions and kitesurfing / surfing trips, organised by Free your Mind kiteboarding and participant (and the parent or legal guardian of participant if participant is a minor). All required kitesurfing / surfing equipment (kite, bar, board, harnes, if required a helmet) for the activity will be provided by Free your Mind kiteboarding unless participant has his/her own equipment. Use of all safety equipment is highly recommended by Free your Mind kiteboarding, if participant refuses to use it during tuition, he/she takes all responsibility for all possible damages arising out of that.
2. Application
Participant can apply for the kitesurfing / surfing trips in person, through internet or by phone. By signing the application form for participation of the kitesurfing / surfing trips the participant/tenant accepts this terms and conditions. If applying through internet or through phone, the participant accepts this terms and conditions when he agrees to participate in the trip. The terms and conditions are available on our internet site (surfandkitemorocco.com).
3. Payment
100 % of the total cost has to be payed in full amount prior the beginning of the kitesurfing / surfing trips.
4. Price
Prices are available on the internet site. Free your Mind kiteboarding has the right to increase or reduce any of the prices. Any changes will be made clear at the time of booking.
Free your Mind kiteboarding offers different kind of trips. The all inclusive package in Morocco includes normally the following services: transfers, airporttranser, accommodation, full Board, non limit kitesurfing / surfing tuition / rental, guiding. excludes services: flights, alcoholic drinks. Other packages may vary on destination and services.
5. Cancellation and changes of booking by participant
Any cancellations or changes to the booking must be made in writing and will only be accepted from the date they are received by Free your Mind kiteboarding. Refunds for cancellations are as follows:
- until 4 weeks before arrival date: full amount
- until 1 week before arrival date: 50% of the amount
- less then 1 week before: no refund at all Free your Mind kiteboarding provides the oportunity to transfer the trip to a third person. This has to be communicated until one week before.
Participant can cancel a trip at his/her own request. In this case, no refund for the payed amout will be provided and transfer of the trip to a third person is not possible. The booking can be changed 14 days prior the beginnig of the trip, Free your Mind kiteboarding will make every effort to change the requested booking. Less then 14 days prior to the start, no changes can be made.
6. Arrival /Departure
Free your Mind kiteboarding does not nessesarily provides the airport transfers through a company or their own transportation. In case Free your Mind kiteboarding offer transportation, the participant will be awaited at his communicated arrival time at the aiport with a sign where his name and the name of the company is written. For changes of arrival / departure times, the participant has to communicate this prior with Free your Mind kiteboarding by phone. Contact Numbers are on the websites written.
7. Delay of participant
If participant arrives to the airport with delay and no previous communication, Free your Mind kiteboarding is not obliged to pick him/her up.
8. Acommodation / Food
Free your Mind kiteboarding may offer accommodation and/or food (three meals a day) included in the package (just all inclusive package). The choice for accommodation and food places will be done at best knowledge of quality and service of Free your Mind kiteboarding Members. As the food and accommodation provider are third party ́s, Free your Mind kiteboarding don ́t take any responsibility or liability for the quality.
If participant prefers a different accommodation / food location the cost ́s has to be covered by himself. Free your Mind kiteboarding is not obliged to cover any further costs.
9. Cancellation and changes of booking because of higher forces
If the wind wave power is not sufficient during the trip and within the participant is not able to practice this sports, Free your Mind kiteboarding will do it ́s best to make the trip culturalwise worth it but is not obliged to give the participant any refund. If the booking is cancelled because of an unforseen, inevitable and unpredictable act of nature (hurricanes, tornadoes, typohoons, etc.) or war, hostilities, warlike operations etc., no refund will be provided.
10. Safety
Participant/tenant is obliged to take care of his/her own safety, safety of other participants and other persons in vicinity. Participant must be in the best of health and has to declare any medical conditions that may affect his/her or others safety whilst participating in kitesurifng / surfing trips. When in doubt Free your Mind kiteboarding recommend to consult a family doctor. He/she must be able to swim for at least 15 minutes in open water without any support. During the practicing of kitesurfing / surfing participant should not be under influence of alcohol, drugs or other sedatives. The trip is managed by instructors and his assistants. Participant has to consider and respect their instructions during the practice. The instructor may suspend a student from the practice, if he/she is behaving dangerously or disturbs. In this case Free your Mind kiteboarding will not refund any money.
11. Handeling equipment
The Free your Mind kiteboarding kitesurfing / surifng equipment will be used during the trips, unless previously agreed that participant will use his/her own equipment. Safety and operational readiness of all equipment is maintained by regular inspections. However, the participant/tenant is obliged to check equipment before use. Before renting kitesurfing / surfing equipment, Free your Mind kiteboarding instructors will make a quick test of tenant ́s kitesurfing / surfing knowledge. Tenant has to be able to stay up wind, if he/she is not sufficiently skilled to handle the rental gear, Free your Mind kiteboarding will refuse the rental and give instead tuition. Participant/tenant has to use all equipment in accordance with the purpose of use and with care. In case of damage or loss of equipment by participant/tenant or third person, a member of Free your Mind kiteboarding staff has to be informed immediately. Participant/tenant has to manage the kitesurfig / surfing equipment according to the instructions, if not, the instructor may forbid him/her to use the equipment any longer without compensation.
11.Liability
Participant/tenant takes an active part at kitesurfing / surfing trip organized by Free your Mind Maroc. He / she voluntarily asumes all risks related to the sport of kitesurfing / surfing, known and unknown. Participant/tenant is recommended to have a valid international health insurance (that also covers his/hers medical expences international) and accident insurance that is valid for sport of kitesurfing and surfing. Medical and accident insurance are not provided by Free your Mind kiteboarding. Free your Mind kiteboarding accepts no liability for loss or damage of participant ́s/tenant ́s property. Participant/tenant is liable for all the damage or loss of equipment during the course and must pay the amount equal to damage/loss on its own.
Free your Mind kiteboarding recommends a travel and accident insurances which may take the participant on it’s own on the website www.vdws.de. The saftey tool offers all nessesary insurances. Please enter the Free your Mind kiteboarding school ID VS17798.
Participant/tenant releases and discharges Free your Mind kiteboarding from any and all liabilities, claims, demands, or causes of action that he/she may hereafter have for sports injuries, loss/damage of the equipment or third party claims however caused, even if caused in whole or part by the action, inaction or negligence (whether active or passive) of Free your Mind kiteboarding, other participants or third party to the fullest extend allowed by law. Therefore participant/tenant will not sue or make a claim against Free your Mind kiteboarding for loss or damage on account of sports injuries, loss or damage of the equipment or third party claims. If he/she violates this by filing such a suit or making such a claim, he/she will pay all attorney ́s fees and costs of Free your Mind kiteboarding.
All disputes and matters whatsoever concerning sports injuries, loss or damage of the equipment and third party claims or arising under, in connection with this terms and conditions shall be litigated, if at all, in and before a Court located in Morocco, to the exclusion of the Courts of any other Country.
Free your Mind kiteboarding assumes liability for course preparation, selection of Free your Mind kiteboarding instructors and assistants and the accuracy of course prices and provision of services.
12. Personal data, photo and video
By accepting this terms and conditions participant/tenant agrees, that his/hers personal data can be used for needs of Free your Mind kiteboarding, marketing/promotions and for notification about offers from Free your Mind kiteboarding. This personal data will not be forwarded to third parties if they are not connected with Free your Mind kiteboarding. During the kitesurfing / surfing camps photos and videos can be taken by Free your Mind kiteboarding. By accepting this Terms an conditions, participant grants the Free your Mind kiteboarding the right to use the photos and videos of him/her for promotional purposes.
13.Additional
Free your Mind kiteboarding reserves the right to change the content of this Terms and conditions at any time.
14. Severability
If any part, article, paragraph, sentence or clause of this Terms and conitions is not enforcable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the agreement shall continue in full force and effect.
15. Construction
This Therms and Conditions are in addition to and are not intended to replace any other agreements related to liability for sports injuries, damage or loss, that participant/tenant (or participant ́s/tenant ́s parents or legal guardians) may have signed, either in the past or in the future. To the extend that there is any conflict between the documents, participant/tenant (and participant ́s/tenant ́s parents or legal guardians) intends to be subject to the document that provides the most expansive release of claims and assumption of risk allowed by law.
16. Effectiveness
By signing the application form for participation at the kitesurfing / surfing trips or when applying through internet or phone, the participant/tenant claims that he/she has read and understood the terms and conditions of Free your Mind kiteboarding and that he/she will act according to these rules. If participant/tenant is a minor, written consent of the legal representative must be provided.
