The term ‘TheKiteMag Clinics’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
- General provisions
These terms and conditions apply to all types of kitesurfing / surfing rentals and kitesurfing / surfing trips, organised by Free your Mind & TheKiteMag and the Participant (and the parent or legal guardian of the Participant if the Participant is a minor). Use of all safety equipment is highly recommended by Free your Mind & TheKiteMag, if a Participant refuses to use it during a clinic, he/she takes all responsibility for all possible damages arising out of that.
Participants can apply for the clinic in person, through the internet, or by phone. By signing the application form for participation in TheKiteMag Clinic the Participant accepts these terms and conditions. If applying through the internet or through phone, the Participant accepts the terms and conditions too.
100% of the total cost has to be paid in full prior to the beginning of the clinic.
- Cancellation and changes of booking
Any cancellations or changes to the booking must be made in writing and will only be accepted from the date they are received by Free your Mind & TheKiteMag. Refunds for cancellations are as follows:
- Before 4 weeks before arrival date: full amount
- Less than 4 weeks before arrival date: no refund
Free your Mind & TheKiteMag will communicate (at the latest) 4 weeks before the trip if it happens or not. If the trip cannot take place for any reason, Free your Mind & TheKiteMag will refund the Participants 100%. Alternatively a Participant can request a place on an alternate clinic and will get priority for this.
Free your Mind & TheKiteMag provides the opportunity to transfer the trip to a third person. This has to be communicated in advance at least one week before the arrival date.
The booking can be changed 14 days prior to the beginning of the trip, Free your Mind & TheKiteMag will make every effort to change the requested booking. In any case, less than 14 days prior to the start, no changes can be made.
- Arrival / Departure
Free your Mind & TheKiteMag provide the airport transfers through a company or their own transportation. The Participant shall wait at the agreed arrival time at the airport where a sign where their name and the name of the company will be written. For changes of arrival / departure times, the Participant has to communicate with Free your Mind & TheKiteMag by phone on the contact number provided before the clinic.
- Delay of Participant
If Participant arrives at the airport and has not communicated, Free your Mind & TheKiteMag is not obliged to pick him/her up.
- Accommodation / Food
Free your Mind & TheKiteMag may offer accommodation and food depending on the booked clinic. As the food and accommodation providers are third party service providers, Free your Mind & TheKiteMag do not take any responsibility or liability for any issues arising from this.
- Cancellation and changes of booking because of higher forces
If the weather conditions are not suitable during the trip and the participant is not able to kitesurf, Free your Mind & TheKiteMag will provide alternate activities but are not obliged to give the Participant any refund. If the booking is cancelled because of an unforeseen act of nature or war then no refund will be provided and the Participant should claim through their travel insurance.
The Participant is obliged to take care of his/her own safety, safety of other Participants and other persons in the vicinity. The Participant must be in good health and has to declare any medical conditions that may affect his/her or others safety whilst participating in kitesurfing trips. When in doubt Free your Mind & TheKiteMag recommend to consult a family doctor. He/she must be able to swim for at least 15 minutes in open water without any support. During the practice of kitesurfing / surfing, the Participant should not be under the influence of alcohol, drugs or other sedatives. The organiser may suspend a Participant from the practice, if he/she does not have a sufficient kitesurfing level and/or is behaving dangerously. In this case Free your Mind & TheKiteMag will not refund any money.
The Participant has to provide accidental and travel insurance for all booked clinics. Free your Mind & TheKiteMag are not responsible for any damages, delays or else avoidable or unavoidable things which may happen to the Participant during his or her clinic. This insurance is recommended: https://www.chapkadirect.com/.
- Risks & Liabilities
The Participant voluntarily assumes all risks related to the sport of kitesurfing, known and unknown. The organiser is obligated to have a valid accident, third party liability and damage insurance policy. If the Participant does not have a copy, it can be seen here: https://cp.vdws.de/shop/insurance/IS and indicate the partner school number: VS17798. Medical and accident insurance are not provided by Free your Mind & TheKiteMag. Free your Mind & TheKiteMag accepts no liability for loss or damage of Participant ́s property. The Participant is liable for all the damage or loss of equipment during the clinic and must pay an amount equal to damage/loss on its own.
The Participant releases and discharges Free your Mind & TheKiteMag from any and all liabilities, claims, demands, or causes of action that he/she may hereafter have for sports injuries, loss/damage of their equipment or third party claims however caused, even if caused in whole or part by the action, inaction or negligence (whether active or passive) of Free your Mind & TheKiteMag, other Participants or third party/third parties to the fullest extent allowed by law. Therefore the Participant will not sue or make a claim against Free your Mind & TheKiteMag or any Released Party for loss or damage on account of sports injuries, travel injuries, loss or damage of their equipment or third party claims. If he/she violates this by filing such a suit or making such a claim, he/she will pay all attorney ́s fees and costs incurred by Free your Mind & TheKiteMag.
For the purpose of these terms and conditions, “RELEASED PARTIES” may include, without limitation, the owners (or beneficial owners), officers, directors, agents, spouses, employees, officials (elected or otherwise), members, representatives, examiners, trainers, certified instructors, certified schools, independent contractors, sub-contractors, lessors and lessees, and in addition the related service providers, partners and other stakeholders, by whatever name they may be called. Free your Mind & TheKiteMag shall not be liable or accountable towards any third party injuries or claims arising due to the negligence of the Participant.
- Disclosure for Indemnification
The Participant confirms that they are at least 18 years of age, or is the parent or legal guardian of the Participant and is making this Agreement on their behalf. The parent or legal guardian of the Participant AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES for their defense and indemnity from any claim or liability in the event that the Participant suffers sports injuries as a result of participation, even if caused in whole or in part by the action, inaction or negligence (whether active or passive) of any of the RELEASED PARTIES, to the fullest extent allowed by law.
- Laws & Jurisdiction
All disputes and matters whatsoever concerning sports injuries, loss or damage of the equipment and third party claims or arising under, in connection with these terms and conditions shall be litigated, if at all, in and before a Court located in Spain, to the exclusion of the Courts of any other Country.
- Personal data, photo and video
By accepting these terms and conditions the Participant agrees that his/her personal data can be used for Free your Mind & TheKiteMag’s marketing/promotions and for notification about offers from Free your Mind & TheKiteMag. This personal data will not be forwarded to third parties if they are not connected with Free your Mind & TheKiteMag. During the clinic photos and videos can be taken by Free your Mind & TheKiteMag. By accepting these terms and conditions, the Participant grants Free your Mind & TheKiteMag the right to use the photos and videos of him/her for promotional purposes.
Free your Mind & TheKiteMag reserve the right to change the content of these terms and conditions at any time.
If any part, article, paragraph, sentence or clause of these Terms and conditions is/are not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the agreement shall continue in full force and effect.
These Terms and Conditions are in addition to and are not intended to replace any other agreements related to liability for sports injuries, damage or loss that the Participant (or Participant ́s parents or legal guardians) may have signed, either in the past or in the future. To the extent that there is any conflict between the documents, the Participant (or Participant’s parents or legal guardians) intends to be subject to the document that provides the most expansive release of claims and assumption of risk allowed by law.
By signing the application form for participation in the clinic, or when applying over the internet or phone, the Participant claims that he/she has read and understood the terms and conditions of Free your Mind & TheKiteMag and that he/she will act according to these rules. If the Participant is a minor, written consent of the legal representative must be provided.