27 (0)82 928 7448sales@flyboardafrica.co.za We are the official distributors and importers of Flyboard in South Africa

TERMS AND CONDITIONS

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE www.flyboardafrica.co.za. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND TO THESE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, OR YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING IT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS. OUR WEBSITE www.flyboardafrica.co.za AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Home / T’s & C’s

General Terms

By making use of the website, you agree to the following:

  • You understand that when using the website, you will be exposed to content from a variety of sources, and that Flyboard Africa and its directors are not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content, and you agree and assume all liability for your use of this website and the content thereof.
  • You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, defamatory or slanderous and you agree to hereby waive any rights or remedies you have or may have against Flyboard Africa or its directors.
  • You agree to defend, indemnify and hold harmless Flyboard Africa and its directors from and against any claims, damages, obligations, losses, liabilities, costs, debt and expenses arising from your use of the website or the services offered thereon, your violation of any third party right, including without limitation any copyright, trade mark, trade secret or other property, or privacy right, any claim that content listed or posted by you caused damage to a third party.
  • You agree that use of the website and the service offered thereon is at your own risk and that the website and services are provided on availability and without any warranties. Flyboard Africa and its directors disclaim all warranties in connection with the website and your use thereof. Flyboard Africa and its directors make no warranties or representations about the accuracy or completeness of the website’s content or the content of any third party websites linked to the website and assume no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website or services, any unauthorised access to or use of our servers or any personal or financial information stored therein, any interruption or termination of transmission to or from the website, any bugs, viruses or other malicious content which may be transmitted to or through the website, or any errors or oversights in any content or for any loss or damage incurred as a result of the use of the website, services offered thereon or any content posted, transmitted or made available on the website.
  • Flyboard Africa and its directors shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from any aspect of use of the website or the services offered thereon. Such limitation of liability shall also apply with respect to damages incurred by services or products received through or advertised in connection with the website or the services thereon or any links on the website.
  • Flyboard Africa and its directors shall not be liable for user submissions or defamatory, offensive, or illegal conduct of any user or third party and the risk of harm or damage falls on the user.

Disclaimer

Flyboard Africa undertakes:

  • to use any confidential or disclosed information only for the purpose for which it was disclosed to Flyboard Africa;
  • to treat and safeguard any confidential or disclosed information as private and confidential;
  • to ensure the proper and secure storage of all confidential and disclosed information;
  • not to, without the prior written consent of the discloser, disclose or reveal any confidential or disclosed information to a third party:
  •            other than to its employees who are required in the course of their  duties as employees to use such confidential or disclosed information; and
  •            except where required by law or by a governmental or regulatory body to do so;
  • to make its employees aware of the confidentiality obligations vesting in Flyboard Africa  in relation to any confidential or disclosed information received from a discloser and to take any required steps as may be deemed necessary to enforce such obligations on its employees;
  • to take any actions and measures, as may be required by law or by a governmental or regulatory body, to protect any confidential or disclosed information;
  • not to force the discloser to disclose, reveal or exchange any information to Flyboard Africa or its employees; and
  • to, on written request of the discloser, destroy, delete or remove from its records any confidential or disclosed information received from the discloser.

Website Usage

  • All information and contents of this website are subject to copyright protection. All intellectual property vests in Flyboard Africa and its directors and any unauthorised reproduction, adaptation or modification thereof shall constitute copyright infringement. Flyboard Africa and its directors do not accept any liability for damages arising from the use of any information available on this website.
  • The South African courts will have non-exclusive jurisdiction over any claim or dispute arising from, or relating to, any visit to or use of the website or information available thereon. Should the dispute arise within the jurisdiction of a country other than South Africa, the laws of such country shall apply.

Flyboard Africa (PTY) Ltd Liability Release Form

You must agree to and sign this waiver, Liability Release Form in order to purchase, rent or operate a Flyboard.

All users of the Flyboard must go through the User and Safety Course through FLYBOARD AFRICA (Pty) Ltd or an authorized instructor from our list, before purchasing and operating it without our supervision. For all ride and or demo purposes, use has to be authorized and supervised by FLYBOARD AFRICA (Pty) Ltd.

This product requires skill and precision to properly use and presents a great risk of injury or death if misused. In order to operate a Flyboard, the operator is required to release, in advance, the seller/owner from any and all liability and damages or injury from use of the Flyboard.

  • ASSUMPTION OF RISK: I am an adult and know and understand the scope, nature, and extend of the risks involved in the activities covered by this Agreement. I am of sound mind and was not forced to agree and sign this agreement. I also confirm that I am not under any influence of alcohol and/or any mind and body altering substances. I understand what these risks include, but are not limited to:  equipment malfunction and/or failure to function; defective and/or negligent design and/or manufacture of equipment; improperly and/or negligent assembly; improper and/or negligent use of the Flyboard and related equipment; carelessness and/or negligent instruction and/or supervision. I voluntarily, freely and expressly choose to incur all risks associated with the activities covered by the Agreement, understand that those risks may include personal injury, property damage, and/or death to myself or others.
  • LAWFUL USE: By purchasing this product I confirm that I am in possession of a valid skipper’s license issued by SAMSA and understand all the rules and regulations of operating a watercraft with and without attachments to it on South African waters. Any operators need to be supervised at all times by someone that is in possession of a valid Skipper’s license.
  • RELEASE FROM LIABILITY: I release the following persons and parties, including all of each person’s corporations, and organizations officers, agents, servant, employees, representatives, lessors (hereafter released parties) from any and all liability, claims, demand or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property, or my death, while upon the premises of the purchaser or while participating in any of the activities covered by this Agreement, whether resulting from the negligence and/or any other fault, either active or passive of any of the released parties: FLYBOARD AFRICA (Pty) Ltd (hereafter released parties)
  • COVENANT NOT TO TAKE LEGAL ACTION: I agree never to institute any suit or action at law or otherwise, against any released party or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence and/or other fault, either active or passive, or any of the released parties, or from any other cause, including equipment failure or design defects. I further agree that my heirs, executors, administrators, personal representative, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the released parties, nor that the initiation or assist in the prosecution of any claim for damages or causes of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from activities covered by this Agreement, whether caused by the negligence and or other fault, either active or passive, of any of the released parties, or from any other cause. By signing this agreement, I hereby instruct my heirs, executors, administrators, personal representatives and/or anyone claiming on my behalf not to pursue any claims against FLYBOARD AFRICA (Pty) Ltd or any of the above mentioned released parties for damages, injury or death related to the use of the product. Should a suit or action be filed against FLYBOARD AFRICA (Pty) Ltd or any of the above mentioned released parties by myself, my heirs, executors, administrators, personal representatives and/or anyone acting on my behalf, I agree that such released parties shall be entitled to recover attorney and legal fees and cost incurred in defence of such suit or action, including appeals.
  • INDEMNITY AGAINST THIRD PARTY CLAIMS: I will indemnify, same and hold harmless the released parties from any and all claims, losses, and actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from my participation in the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of the released parties or from any other cause.
  • VALIDITY OF WAIVER: I understand and agree that if I institute, or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the released parties because of injury to my person or property, or my death, due to activities covered by this Agreement, this Agreement, including any additions or supplements to it, can and will be used as evidence in court, and that agreements like this one have been upheld in courts in similar circumstances.
  • REPRESENTATIONS AND WARRANTIES: I represent and warrant that I have and I will watch the product video and read all instructions carefully prior to purchasing and using this product as I realize that it is a dangerous product requiring above average physical ability to properly operate. I will follow all precautions and instructions with the Flyboard. I acknowledge that the use of the Flyboard creates an opportunity for harm or injury.
  • SEVERABILITY: I agree that should one or more provisions in this Agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against me.
  • CONTINUATION OF OBLIGATIONS: I agree and acknowledge that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during which I use the FlyBoard, either directly or indirectly, in all the activities covered by this Agreement, and shall be binding upon my heirs, executors, administrators, personal representatives, and or anyone else claiming on my behalf. Should the purchaser lend, lease, rent or allow any other person to use the Flyboard, the purchaser agrees that such persons shall first sign a release of the rights enumerated above, and receive proper instruction and caution in its use.
  • ACKNOWLEDGMENT: I hereby acknowledge that I have read all of the provisions above and below and fully understand the terms and conditions expressed therein and agree to be bound by such terms and conditions.

Flyboard usage

You must agree to and sign this waiver, Liability Release Form in order to purchase, rent or operate a Flyboard.

All users of the Flyboard must go through the User and Safety Course through FLYBOARD AFRICA (Pty) Ltd or an authorized instructor from our list, before purchasing and operating it without our supervision. For all ride and or demo purposes, use has to be authorized and supervised by FLYBOARD AFRICA (Pty) Ltd.

This product requires skill and precision to properly use and presents a great risk of injury or death if misused. In order to operate a Flyboard, the operator is required to release, in advance, the seller/owner from any and all liability and damages or injury from use of the Flyboard.

  • The Flyboard is protected by International patents. All rights reserved. Any reproduction, even partial, of the product by any means whatsoever is prohibited under penalty of law. 95% of the parts are made in France.
  • The Flyboard is licensed for all recreational private and leisure rentals. Lucrative shows and demonstrations are exclusively reserved to Flyboard Africa.
  • When using the Flyboard you will need a Flyboard Certified Operator or Instructor on the Jet-Ski to control the throttle of the Flyboard. This operator should be in possession of a valid skipper’s license issued by SAMSA and should understand all the rules and regulations of operating a personal watercraft (PWC) with and without attachments to it on South African waters. If you purchase and install the Electronic Management Kit, you will be able to operate the throttle of your PWC from the Flyboard by yourself, but for safety you are still required to have a person be on the PWC as a spotter in case of emergency.
  • When using the Flyboard it is compulsory to wear a Lifejacket/Buoyancy vest with CE certification, as well as a helmet.
  • A Jet-Ski of 100hp or greater is recommended to use with the Flyboard.
  • The Flyboard is not recommended for use under 14 years of age.
  • Anyone under the age of 18 requires parental consent to use the Flyboard.
  • The minimum weight recommended for a person using the Flyboard is 45kg and the maximum weight recommended is 136kg.
  • Use the Flyboard only when weather permitting.
  • It is dangerous to use the Flyboard when winds exceed 60 km/h, when there is a thunderstorm with lightning and when waves exceed 1 meter in height. Do not use the Flyboard in these conditions.
  • When using the Flyboard make sure the area where it is used is cleared from any dangerous objects, other watercraft such as boats, other PWC or other Flyboard users as well as swimmers, divers and other sea or water users.
  • A minimum depth of 4 metres is required at all times whilst operating the Flyboard.
  • When performing a ‘dolphin’ manoeuvre with the Flyboard, it is recommended that you do not go deeper than 2.4 m deep as you can cause ear pain or even rupture your ear drums if you descend too quickly without equalizing.
  • Never dive with the Flyboard into murky and unknown waters. Serious injury or death could occur if you come into contact with underwater objects while performing a diving manoeuvre.
  • If using the Flyboard in salt water it is recommended that you clean the Flyboard thoroughly after each use with fresh water.
  • The Flyboard is not allowed for use whilst under the influence of alcohol, narcotics or drugs that affect alertness.
  • Strictly one person at a time on the Flyboard.
  • If using the Flyboard you must adhere to the safety training provided in the Flyboard Instructional Course.
  • Local law must be adhered to whilst operating the Flyboard.
  • For non-commercial (private) use there is a 1 year limited warranty on Flyboard parts, and for commercial use there is a six month limited warranty on Flyboard parts.
  • For non-commercial (private) use there is a six month limited warranty on the Electronic Management Kit parts, and for commercial use there is a three month limited warranty on the Electronic Management Kit parts.
  • The warranty of the Flyboard does not cover wearable parts. The Warranty is for defects only not wear and tear.
  • The limited Warranty will be void using the Flyboard Kit in extreme Sports or anything other than recreational sports.
  • The warranty of the Flyboard is limited to operating and non-state visual parts.
  • The Flyboard should be used in its original configuration.
  • All warranties are deemed null and void if the Flyboard is not used as described in the User Manual.
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