HEREBY AGREE WITH, ACKNOWLEDGE AND DECLARE THE FOLLOWING REGULATIONS FOR WATER SPORT ACTIVITIES
1. Phuket Wave, operated by: Green Apple Voyage Co., Ltd., 59/107 Moo5, Tumbon Srisoonthon, Thalang District, Phuket 83110 TAT.License 31/00380 (the “Operator”), is the operator of the training and accompanying services related to efoil, water sport activities (the “Services” and “Activities”), with the presence of a trainer – holder of international certificate of the leader of the vessel and water rescue.
2. The rental of all equipment related to the Activity efoil, is managed or facilitated by the Operator. Each lesson includes rental of all safety equipment. Unless otherwise provided hereinbelow, the Operator does not assume any responsibility for damage to persons or property.
3. The Client expressly acknowledges that due to their nature as adventure and/or adrenalin sports, the Activities operated by the Operator may present inherent risk to the Client’s health or integrity, even if all health and safety measures are duly observed on the part of both the Client and the Operator. In this regard, the Client expressly assumes any and all risk of damage to persons or property deriving from the Activities. Furthermore, the Client expressly acknowledges that the Operator is excluded from any liability of risk of damage to persons or property caused or made in connection with the Activities.
4. The Client declares that they have sufficient stamina, good health and know-how in order to participate on the chosen Activities (including, but not limited to, skill of swimming and/or surfing). Learning and practice of all water sport activities presupposes sufficient physical fitness, technical expertise in water, knowledge and compliance with the rules of lake traffic code etc. Therefore, the Client declares they are equipped with adequate capacity and appropriate expertise, without any reservations.
5. Participation in the Activities and the use of efoil, foil, jetsurf and wakesurf is reserved for adults unless the minor is accompanied by a parent who takes responsibility in writing. The parent declares, under his own exclusive responsibility any liability, that the child is physically and mentally able to participate on the concrete Activity in the extent of the declarations made hereunder and directly takes on any responsibility for damage to property or persons that the child may sustain or cause while participating in such Activity.
6. The Client understands, accepts and shall abide by – without reservations – any and all rules regarding organization, planning and execution of the Activities and undertakes to participate in the Activities in compliance with the directions of the trainer/captain provided by the Operator. The Client shall in course of performing the Activities be fitted with clothing and equipment suitable for the respective Activity and the relevant season of the year. Participation in all Activities organized by the Operator requires mandatory use of a life vest at all times and in case of efoil, foil and jetsurf, also the mandatory use of a helmet; this equipment is provided free of charge by the Operator. The Client assumes the risk of damage to the property provided by the Operator for the use by the Client during the Activities. All equipment must only be used as a means of water sport, with due care, diligence and common sense. Competitions, reckless manoeuvres and any kind of dealings with the equipment not in line with the intended use are strictly forbidden. The Client undertakes to act in accordance with and abide by the instructions provided by the Operator or the trainer/ captain of the Operator at all times.
7. The Client expressly confirms that they received a complete health and safety training by the Operator on the proper use and handling of the equipment used during the Activities and that they understood all parts of the training and the rules on the use and handling of the equipment and proper water sport behaviour, without reservation. The Client hereby confirms that they understand the risks deriving from a potential non-compliance with the rules on the use and handling of the equipment and/or non-compliance with the instructions of the Operator and the trainer/captain. The Operator shall not be liable or held responsible under any circumstances for damage to persons or property resulting from the Client’s failure to comply with the prescribed rules and instructions of the Operator.
8. The Operator reserves the right, should any special circumstance arise, which may endanger the safety of the Client (such as force majeure, lake conditions, traffic etc.), in his sole discretion to change the course of the lesson or some of the Services included in the Client’s program. Any event, damage or injury to property and / or persons resulting from the Client’s use of the efoil, foil and jetsurf shall be attributable to the Client only and the Operator shall bear no responsibility for any such event, damage or injury. The Client shall be liable to pay any and all damages caused by the Client on the Operator’s or a third-party’s property (equipment).
9. The Client is responsible for the safekeeping of their belongings during the time of the Activities and when Services are provided. The Operator hereby excludes any liability whatsoever and shall not be held responsible in any way for damage to the Client’s property caused by third parties or for the loss of Client’s valuables, luggage or property during the Activities and the provision of Services.
10. The efoil and jetsurf equipment’s functionality shall be at all times during the Activities assessed by the Client and dealt with a third-party rental company, which ensures the efficiency of the equipment and also ensure operability from a mechanical point of view. Thus, the Operator shall bear no responsibility for the malfunctioning or degradation of such equipment and such responsibility shall vest in the rental company or the Client.
USE OF ADVERTISING IMAGES
11. By checking the box below, the Client agrees and authorises that the Operator may publish the Client’s images and videos for promotional/advertising purposes on its website www.phuketwave.com and on its social media accounts. This authorization does NOT allow the use of images in contexts that prejudice personal dignity and decorum and / or purposes other than those connected to the promotion of the Operator’s business and the Activities. The Client gives consent to publish their images and videos free of charge, indefinitely and pursuant to art. 10 and 320 cod.civ. and of the articles 96 and 97 law 22.4.1941, n. 633, Law on copyright, and also with publication and / or dissemination in any form of their images on the website www.phuketwave.com, on social media communication (Instagram/ Facebook), as well as authorizes the conservation of photos and the videos of themselves in the computer archives of the Operator. The purpose of this use shall be merely informative and promotional.
12. At any time, the Client may revoke its consent with the publication of their images on the Operator’s website and social media vie e-mail sent onto email@example.com. If the consent is revoked, the Operator shall delete any and all images or videos displaying the Client from its website and social media or anonymize such images (e.g. by blurring) without undue delay.
I authorize the use of images or videos for advertising purposes
I HEREBY CONFIRM THAT I HAVE CAREFULLY READ THIS CLIENT DECLARATION AND THAT I UNDERSTAND AND AGREE WITH ITS CONTENT IN FULL; IN WITNESS WHEREOF I AFFIX MY SIGNATURE BELOW.
November 30, 2023