Terms and Conditions
In consideration for the renting and/or purchasing of kitesurfing and/or SUP equipment, and/or utilizing the facilities, ground school, kitesurfing instructions, premises, and equipment of Windtown SA (PTY) Ltd. / Windtown Board Travel BV / Windtown Pousada Ltda. (Windtown)
I hereby acknowledge and agree that
- The participation of kitesurfing and/or SUP can result in mishap and even injury and I hereby RELEASE AND DISCHARGE Windtown and their officers, directors, elected officials, agents, employees, instructors, and owners of equipment and the land used for kitesurfing and/or SUP activities (herein after collectively referred to as “Released Parties”), from any and all liability, claims, demands, or causes of action that I may hereafter have for injuries, disability, death, or damages arising out of my participation in kitesurfing and/or SUP activities, including, but not limited to, losses caused by the negligence of the released parties.
- I understand and acknowledge that kitesurfing and/or SUP activities have inherent dangers that no amount of care, caution, instruction, or expertise can totally eliminate.
I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF PERSONAL INJURY OR DEATH SUSTAINED WHILE PARTICIPATING IN WATERSPORTS ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES and I further agree that I will not sue or make a claim against the Released Parties for damages or other losses sustained as a result of my participation in kitesurfing and/or SUP activities.
I also agree to indemnify and hold the released parties harmless from all claims, judgments, and costs, including attorneys’ fees, incurred in connection with any action brought as a result of my participation in kitesurfing and/or SUP activities.
- I agree that I will operate the said kitesurf and/or SUP equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual.
- If I’m hiring kitesurfing and/or SUP equipment, I hereby declare that I am completely autonomous in its use. For kitesurfing I declare I’m at IKO level 3 at least. I understand that the use of a board leash with kitesurfing is prohibited.
I agree that if an instructor comes to the conclusion that my kitesurfing skills are not advanced enough, the hire agreement can be converted into a lesson. I understand that any dangerous or irresponsible behaviour will result in immediate termination of the rental agreement without reimbursement.
- I declare that I have appropriate swimming abilities.
- I understand that only the person who have signed this form, may use the equipment. I will not lend the equipment to anyone else.
- I am responsible for the selection of gear suitable to my abilities. Any recommendations or suggestions by Windtowns staff, are merely general product information that makes no warranty as to the suitability or safety of any equipment. The decision to rent or not rent is solely the responsibility of renter.
- If I damage or lose rental equipment (or if it gets stolen) I will cover the repair costs and the loss in value. I agree that the Windtown staff will set the price. I will pay this immediately to Windtown after the damage caused. I may decide for myself if I use any of my insurances to pay me back.
- I have read and understand the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgement of the assumption by me of all risks arising out of my engaging in kitesurfing and/or SUP activities.
- I further represent that this release of liability, waiver of legal rights and assumption of risk shall continue in full force and effect for so long as I engage in kitesurfing and/or SUP activities which are in any way connected to or with the Released Parties.
- I further represent that I am at least 18 years of age or that as the parent or legal guardian I waive and release any and all legal rights that may accrue to me or to my minor child as the result of any injury that my son or daughter (minor) may suffer while engaging in kitesurfing and/or SUP activities.