SEA TOYS & EVENT DISCLAIMER
By accepting this agreement, the participant of the water sports event declares that he/she fully understands, fulfills, and communicates the following conditions. He/she may withdraw his/her consent in writing at any time prior to the event. For more information, please visit our Privacy Policy.
1) Risk Awareness & Responsibility
- Outdoor and water sports events inevitably involve certain risks. The participant declares that he/she is aware of the risks and dangers associated with water sports. An explicit instruction and declaration by the host are expressly not required for this.
- The paticipant declares that he/she uses the water sports equipment provided by WAVE-LOVERS exclusively at his/her own risk. Protective equipment such as helmet or impact protection waistcoat is recommended and offered by the host.
- The user is obliged to treat the water sports equipment provided with care and to observe all regulations relevant to its use, in particular technical rules and traffic regulations.
2) Liability
- The participant is liable in accordance with the general legal provisions for damage to the water sports equipment provided during the period of use. Furthermore, the participant is liable in accordance with the general legal provisions for damage to the water sports equipment provided and to third parties due to an accident for which the attandee is responsible.
- The participant waives, to the extent permitted by law, all liability claims against WAVE-LOVERS and its partners due to personal injury and/or property damage, losses, lost profits, claims, costs and expenses, etc., which the attandee suffers or must assume during or in connection with the use of the water sports equipment provided.
- Each participant is obliged to a responsible, prudent and realistic self-assessment. An explicit instruction on the part of the host is not required for this. Each participant assures that he/she knows the local and general maritime regulations.
- The instructions of the staff are to be followed at all times. In particular, the participant shall bear the risks associated with the sport and the use of the equipment and sports devices exclusively himself/herself.
3) Health Requirements
- Each participant assures that he/she is in good health and has the necessary physical prerequisites. In particular, the participant assures that he/she is free of heart and circulation problems, severe orthopaedic problems and diseases or other health impairments that do not permit physical activity or impair the ability to swim, and that he/she does not possess a pacemaker.
- If third parties have to be called in to assist the participant (e.g. rescue services), the costs incurred are to be borne by the participant or WAVE-LOVERS has the right to collect the costs incurred from the participant.
4) Regulations For Minors
- The minimum age for the use of the water sports equipment provided is not specified by the operator and is at the discretion of the parents. For underage participants, use requires the express consent of a legal guardian, or the legal guardian must be present during the entire time of use.
- The legal representative assures that the underage participant has the necessary health and physical conditions.
- The legal representative is fully liable for any damage to persons, to the facility and to the equipment caused by the misconduct of the underage participant.
5) Compensations For Damages Or Theft
- The host disclaims any liability for damage to the water sports equipment, the participant or to the facility, equipment or objects of third parties (e.g. boats) or to third parties. WAVE-LOVERS accepts no liability for lost valuables, clothing and equipment.
- The participant is fully liable for any damage to persons, the facility and equipment caused by his/her misconduct.
- If the customer accidentally or intentionally causes damage, he/she agrees to bear the costs. Where liability insurance exists, this may cover the damage caused.
6) Condition Transferability
- If the participant of this form is not the sole participant in the water sports event (for example, when booking a group course for 2 or more people), the participant bears full responsibility for all other participants unless they have signed this disclaimer.
- Customers as organisers of group events must explicitly inform each participant about the disclaimer. In particular, the customer as organiser of the group event must ensure that its participants have the necessary health and physical preconditions and comply to all mentioned conditions.
7) Area Of Jurisdiction
- This declaration and all disputes arising out of or in connection with it or the use of the water sports equipment provided by the undersigned shall be governed by German law to the exclusion of international conventions and conflict of law rules. The place of jurisdiction is Berlin, Germany.
8) Usage Of Photo & Video Footage
- The participant is aware that any collected media can be published through the website, social-media channel or other advertisement campaign issued by WAVE-LOVERS.
- To ensure the privacy of individuals, footage will not be connected to personal identifying information without written approval from the photographed subject, parent or legal guardian.
- Any person or organization not affiliated with WAVE-LOVERS may not use, copy, alter or modify photographs, graphics, videography or other, similar reproductions or recordings without the advance written permission of an authorized designee.
9) Newsletter Registration
- The participant agrees to receive information about products, special offers, events and competitions from WAVE-LOVERS by telephone, email or mail.
- The following personal data therefore are processed and stored by WAVE-LOVERS including first & last name, adress, telephone number and e-mail address.
- The consenting party has the right to revoke the consent at any time with effect for the future without giving reasons. Upon receipt of the revocation, the data will be deleted immediately, provided that there are no legal retention periods and the revocation is effective. The effectiveness of the data processing carried out until the revocation of consent remains unaffected.
- The revocation is to be sent to the following e-mail address: info(at)wave-lovers.com
- Data processing is necessary for the purpose of event participation. The non-consent excludes the services by WAVE-LOVERS.