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Flukes Kitesurfing Website and Courses

TERMS OF USE AND LIABILITY RELEASE


Terms of use: By using this site you agree to the following:


Flukes Kitesurfing courses are general in advice and do not substitute a professional physical kitesurfing lesson.


Kitesurfing is dangerous and can result in serious injury or death. 


By accessing and viewing the videos contained within this website and/or course you acknowledge ANY PRACTISE OF KITESURFING IS ENTIRELY AT YOUR OWN RISK.

By viewing videos or any information on this website you agree you will not and cannot ever hold Flukes kitesurfing, its employees, owners or instructors including Luke and Frances liable for any personal injury or equipment damage that may occur.


You acknowledge that any kitesurfing you do is entirely controlled by you and you should not rely on a video demonstration as a final instruction. You should always get professional instruction with a qualified instructor before practising kitesurfing.

Any information on the Flukes Kitesurfing website is general in nature and you MUST ALWAYS SEEK PROFESSIONAL LESSONS FROM A QUALIFIED INSTRUCTOR before implementing any information within the Flukes kitesurfing videos.


IF YOU ARE NOT COMFORTABLE TAKING FULL RESPONSIBILITY FOR YOUR OWN KITESURFING AND THE SERIOUS RISKS ASSOCIATED WITH KITESURFING ACTIVITY DO NOT PURCHASE ANY COURSE OR WATCH ANY VIDEOS AND LEAVE THIS SITE IMMEDIATELY.



RELEASE OF LIABILITY


Directions: Please read this document carefully before agreeing or viewing any videos on this site. It indicates you are waiving certain legal rights, including the right to pursue personal injury negligence claims against the released parties. If you have any questions, ask any member of the support staff, or an attorney, before agreeing, to signify your understanding. By agreeing to Flukes Kitesurfing Terms of use you hereby affirm that you have been informed of the risk involved with any kitesurfing activity.


I understand that Kitesurfing related activities are inherently dangerous and involve risks of serious injury or death, including but not limited to head injury, broken bones, injuries incurred while entering and exiting the water, environmental factors which lead to injury, equipment problems leading to injury, buoyancy problems injuries and drowning along with other unforeseen risks. I understand and I still voluntarily choose to participate in kitesurfing activities in spite of the risk to me. I agree that I will never kitesurf alone and I will always seek a professional kitesurfing lesson to help me learn with a physical instructor until I am deemed an independent kiter by a recognised kite school before attempting any of the skills contained within this training course, videos, blogs, or any content or indication of method found on this site. 

In consideration of being allowed to participate in kitesurfing activities, I understand and agree that neither Flukes Kitesurfing  nor any instructors Specifically Luke Millard or Frances Kelly, affiliated companies, employees, agents, volunteer(s) or assigns of the above listed entities and/or individuals, nor the authors of any materials including texts or videos expressly used for training n (hereinafter referred to as “Released Parties”), will be held liable or responsible by me or my heirs or assigns in any way for any injury, death, or other damages to myself, my family, heirs or assigns or my property that may occur directly or indirectly as a result of my participation in Kitesurfing AS A RESULT OF THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER ACTIVE OR PASSIVE; nor my instructors, nor others listed below, nor Facility.I agree to release and hold harmless the Released Parties from any and all claims, lawsuits demands, damages, actions, causes of action, suits in equity of whatever kind or nature by myself, my family, estate, heirs or assigns, arising out of my participation in this kitesurfing  activity, including any and all claims arising during or after I complete the kitesurfing training and activities, EVEN IF MY INJURY OR DEATH IS DUE TO THE NEGLIGENCE OF THE RELEASED PARTIES.

I understand that kitesurfing and related activities are physically strenuous and that I will be exerting myself during this Kitesurfing activity, and I expressly assume the risk of any and all injuries, and I will not hold the Released Parties responsible if I am injured as a result of heart attack, panic, drowning or any other cause of injury or death not specifically stated herein EVEN IF MY INJURY OR DEATH IS DUE TO THE NEGLIGENCE OF THE RELEASED PARTIES.

I am aware of the prerequisite skill level and/or equivalent kiting experience necessary to participate in kitesurfing activities, and I affirm that I meet these requirements such as but not limited to, a high swimming competence level, physical strength. I understand that I am responsible for supplying and maintaining my kitesurfing equipment in proper operating condition, regardless of where I obtained it or from whom. I understand that all the terms herein are contractual, they are not a mere recital, and I am agreeing to this document of my own free act and in so doing, I AM VOLUNTARILY WAIVING AND RELEASE ALL OF MY LEGAL RIGHTS TO SUE THE RELEASED PARTIES FOR ANYTHING RELATED TO THEIR NEGLIGENCE IN CONJUNCTION WITH KITESURFING TRAINING AND RELATED ACTIVITIES TO THE HIGHEST DEGREE ALLOWED BY A COMPETENT COURT OF PROPER JURISDICTION WHETHER IN LAW OR EQUITY.

In consideration of being allowed to participate in this kitesurfing activity, I hereby personally assume all known and unknown risks in connection with kitesurfing activities, for any harm, injury, or damage that may befall me while I am participating in this kitesurfing, including all risks of injury or death connected therewith, whether foreseen or unforeseen.I further agree that if I or my heirs breach this Agreement by filing an action against the Released Parties I waive any right I may have to a trial by jury and that any claim shall be brought no later than one (1) year from the date of accident, incident or occurrence upon which the lawsuit or other claim for relief is brought.

I acknowledge that if I am 17 years of age or younger at the start of this course, I will be required to complete an additional, filled in by hand waiver, signed by my parent or legal guardian, prior to starting my course. Participants 18 or older check yes.It is my intention by signing this written document to waive and release all of the Released Parties, from all liability whatsoever for personal injury, property damage or wrongful death to me, however caused, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER ACTIVE OR PASSIVE.I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS FULL, GENERAL LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT BEFORE AGREEING TO IT ON BEHALF OF MY HEIRS AND MYSELF.


While care has been taken to ensure this kitesurfing course explains much of the important aspects of kitesurfing, it is by no means exhaustive. There are many aspects to learning to kite that are tailored specifically to a individual student at each step in the process. We can't see you, or correct any mistakes you may be making, nor can we asses you physical or physiological fitness to perform kitesurfing and therefore cannot guarantee your safety in any form. By continuing to use this website or act on any information contained within videos or text, you expressly understand you do so at your own risk and relinquish Flukes kitesurfing, Luke Millard or Frances Kelly of any liability in any form.



Flukes Kitesurfing Courses

There is nothing better than the feeling of zooming across the water, doing jumps, riding waves and enjoying the sunshine that kitesurfing offers! Everyday we are grateful for the life we have traveling the world and enjoying the day on the water and its our mission to help people do that too! No matter if its your first day, or you are looking to progress to the next level, we want to help you get there!
~ Frances and Luke

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