KGB KITEBOARDING / KGBSWAG LESSON POLICY, RENTAL POLICY, SITE TERMS OF USE

WAIVERS & RELEASE OF LIABILITY: Our goal at KGB Kiteboarding / KGBswag is to help you become a safe, independent and proficient kiteboarder as soon as possible. All students are required to sign a release of liability waiver before any instruction can be given. When receiving instruction from KGB Kiteboarding/kgbswag and all affiliated instructors, you the student agree to the following. That during the lesson with us you the student are claiming responsibility for any property damage that you may cause or any personal injuries (to ones self as well as others)that may result from your actions (or lack thereof) while engaging in this activity. As such KGB Kiteboarding / KGBswag  cannot be held liable by the student or others for any damages to persons or properties caused by the student.  Lessons are taught by qualified IKO certified Instructors.

LESSONS CANCELLATION POLICY: Your lesson time is very important to us and we have set forth the following policy out of fairness to you the student and our instructors.

KGB CANCELS-POOR CONDITIONS-NO WIND: At times we may have to cancel lessons at the last minute due to varying factors such as unsafe and/or unfavorable conditions, thunder, lightning, gusty winds, off shore winds, light wind or no wind. This determination of the need to cancel is left to the discretion of the management and instructors. These decisions will be based on current or forecasted conditions, as well as on other factors such as safety, tides, etc.

If we make the decision to cancel the lesson, you and your instructor will find a mutually agreed upon time for rescheduling. If you cannot reschedule KGB Kiteboarding / KGBswag reserves the right to issue you a lesson time credit and not to issue a refund as a result of unfavorable and unsafe weather/tide conditions. Lesson time credits can be used for a lesson at a future date.

We may also reschedule you if you have signed up for a semi-private (group) lesson and the others in the group cancel leaving only you scheduled. Minimum group size is 2-3 persons. Rescheduling for this reason is not negotiable. Whenever possible we will often attempt to add another student to your lesson to keep your lesson live as we understand you are not responsible for this type of cancellation.

CLIENT CANCELS: We understand that people have busy schedules and at times need to change or cancel a lesson time. KGB Kiteboarding / KGBswag recommends that all lessons be booked at least 4 days (96 hrs) prior the scheduled lesson time. If you cancel at least 1 day or 24 hrs prior to your lesson time you will be rescheduled without penalty.

If you cancel your lesson with out 24hr prior notice we reserve the right not to offer a refund or rain check on your lesson. The same applies if you book and then cancel your lesson within 1 day (-24hrs) prior to your scheduled lesson time. If you are able to reschedule at the time of cancellation, we may offer a partial credit toward your next lesson appointment. All lesson sales are final, non-refundable and non-transferable.

If you show up late to your scheduled lesson, that time counts towards your lesson time. If do not show up for your lesson there are absolutely no refunds and you will not have the ability to apply that money towards another lesson or products.

LIGHT WIND POLICY 2014: It is our goal that your kiteboarding lessons be safe, educational, fun, windy, and complete. Your lesson is dependent on forecasted wind and is required to be completed all in one visit per the purchase terms.

We have taken care to make certain that your scheduled lesson date has adequate wind forecasted. Min: 10-15kt for Level 1 land & 15-20kt for Level 2-3 water. We would have contacted you in advance to reschedule had we felt the winds would not be enough to complete your entire lesson today as planned.

The wind forecast is accurate most days during our windy season. On windy days at our lesson locations the wind usually arrives before or during the start of the lesson time and most days the entire lesson is completed as scheduled.

We make real-time weather assessments at the beginning of your lesson and also at the halfway point. If it appears good we will start the lesson. If conditions look poor we will reschedule. Also if at the halfway point, we determine that the winds are appearing to be insufficient to complete your lesson, we will inform you of this and possibly stop the lesson.

Occasionally during a scheduled lesson time, Mother Nature does not always provide us with sufficient winds to get you kiting in the water. Min: 15-20kt. If this occurs, we are usually able to complete any land-based portions of your lesson. Land lessons are usually 2-4hrs: 2-3hrs level 1 & 1hr level 2 “on-land” portion.

If we decide to stop your lesson as a result of light wind you may then choose from the following 2 options, intended to assure that you have a better chance at getting up and riding on a windier day.

OPTION 1: Continue, “on-land” with your instructor to complete your total owed lesson time. During which you may cover on-land advanced piloting, safety techniques, practical theory, gear maintenance and dry run on-water techniques. You will gain valuable experience and independent confidence with the kite during this time.

OPTION 2: Finish at least half or more of your planned lesson time and bank your remaining time. 4hr & 6hr group lessons must complete 3hrs min before banking remaining time. All lessons are conducted in min. 2hr blocks to allow for maximum progression. If you are owed 2hrs+ you may reschedule that time. If you are owed 1hr+ you will need to add at least another 1hr of lesson time in order to reschedule another lesson block.

We will offer you a discounted rate on any additional time you may need to purchase as a result of your light wind lesson.

  • Additional 1hr Private Lesson                $80.00                       ($100 Value)
  • Additional 2hrs Private Lesson             $150.00                      ($200 Value)

IN ADDITION: 

  • See each lesson description for lesson specific terms and policies not outlined here.
  • Individual student results/progression rates may vary.
  • KGB Kiteboarding / KGBswag lessons are planned and taught using an IKO lesson plan as a guideline. Because kiteboarding is progressively learned in stages, all components/each stage of the lessons are pass/fail. Students must pass to proceed to the next level. This pass/fail grade is solely up to the instructors descretion. For Example: A student fails to exhibit proper kite piloting skills, instructor may recommend additional time be spent learning to pilot on land before progressing to water , even though student has booked a “water” lesson.
  • Lesson time-clock always begins at the start of the pre-arranged lesson time, so do not arrive late.
  • For the safety concerns and for the benefit of the client Instructors and KGB reserve the right to make the final decision on the lesson location: Land, beach or jet-ski assisted.
  • All lessons are always to be considered completed at the end of the scheduled, contracted & paid lesson time.
  • Included in all scheduled lesson times are time spent doing the following: Prepping for the ski lesson or rigging & packing up, cruising out & back to & from the wind line, driving to the local beach, pumping & packing up of the kites, walking back upwind, wrapping up conversation with your instructor, etc
  • No refunds will be issued on any completed lessons, pass or fail. In this respect all lesson sales are final.
  • All lesson sales are final and non-refundable.
  • Owed (not used by purchaser) lesson time is not transferable.
  • KGB Kiteboarding / KGBswag lesson policies are subject to change at any time without notice.

EQUIPMENT RENTAL / DEMO TERMS AND CONDITIONS: The decision to rent or not rent is solely the responsibility of the rental equipment user, hereinafter referred to as the Rentee, and not that of KGB Kiteboarding, KGBswag, Peak Investment Group Inc., its owners, employees and / or representatives, hereinafter referred to as the Renter. The Renter does not have any control over how or when you use the equipment. Prior to any rental, the Rentees kiteboarding skill level must be determined to be of an appropriate skill level by the Renter. By signing this rental agreement, and the KGB Kiteboarding (Renters) waiver and release of liability and engaging in any rental or kiteboarding gear demo activity, the Rentee agrees to abide by and attests to the following

RENTAL TERMS AND CONDITIONS:

  • Rentee is at a minimum an IKO level 3J certified kiteboarder (independent kiter) and can present a valid IKO card level 3J+, or the equivalent thereof, such as taking and passing a KGB Level 3 assessment / evaluation lesson.
  • Rentee is responsible for the selection of gear suitable to my abilities. Any recommendations or suggestions by Renters staff, are merely general product information. The Renter makes no warranty as to the suitability or safety of any equipment.
  • Rentee has been shown how to use and is familiar with the rental control bar Quick Release Safety and secondary safety systems and can perform an on water self rescue.
  • Rentee is able to launch / land an inflatable kite safely in a launch area.
  • Rentee can body drag upwind and downwind, in both directions, port & starboard.
  • Rentee can kite / ride consistently in both directions.
  • Rentee agrees to follow the local rules and guidelines, including the sailing right of way rules, “rules of the road”, and to always exercise discretion and caution when deciding when, where and how to ride.
  • Rentee will make themselves aware of equipment usage area hazards, prevailing weather conditions and stay informed about wind and weather related warnings, and / or advisories.
  • Rentee assumes full responsibility for the Renters rental / demo kiteboarding equipment listed in this agreement and all the accessories to said equipment; and upon request agree to pay for any damages and /or total loss incurred to said equipment and accessories excessive of normal use and depreciation, as assessed by the Renters Staff.
  • Rentee also assumes total liability for all damages incurred through the use or misuse of the equipment and accessories listed in this agreement.
  • Rentee agrees to assume all risks and responsibility for any and all claims for damages and for injuries suffered while using this equipment, and to hold the Renter harmless and not responsible for injury or accident incurred while using this equipment.
  • Rentee understands that they are responsible for returning this equipment and accessories on the date and time indicated in this agreement.
  • Rentee acknowledges and agrees with the total replacement cost of rental equipment listed in this agreement.
  • Rentee authorizes the Renter to charge their credit card listed in this agreement for any cleaning, repair and / or replacement costs of rented equipment if deemed necessary.
  • All rental charges & sales are final and are non-refundable.

HEALTH & FITNESS: All Users / Rentees of rental gear must be fit and healthy for the proposed activity & must have appropriate swimming abilities. If health is in question, Rentee must bring a medical release from a licensed physician.

THIRD PARTY USE: Only Rentees who have signed the rental contracts and waivers, may use the gear. Rentee should not lend rental equipment to anyone who is not trained or skilled to use the equipment. Anyone intending to do instruction or teach a person using the rental gear, must be qualified to do so, and should have professional liability insurance appropriate to their training activity.

LATE / DAMAGED / LOST EQUIPMENT POLICY: All equipment is due on the date specified in this Rental Agreement, and must be checked into KGB Kiteboarding by the posted hours of the due date. An immediate fee of $20 will be charged upon late return of any gear, more than 1 hr after time due. There will be a late fee charged at the rate of 1 1⁄2 times the rental fee, per item, per day, until the equipment is returned. If any part of the Renters equipment is damaged, lost, and/or rendered permanently unusable, the charge is equivalent to the replacement value of the entire item (see rental prices for replacement costs). If a part is broken or lost and can be replaced, the cost of the part will be assigned as a damage fee. Returned rental kites with canopy tears in excess of 6 inches or leading edge tear/bladder damage will be considered a total loss, for all other damages the cost of repairs will vary. Charges made on lost or damaged equipment are not contestable.

CLEANING FEE: All rental equipment will be inspected at the time of check out as well as at check in. Equipment must be returned in the same condition as it left, clean, dry and in good order or a cleaning fee starting at $5min-$20max per equipment item will be assessed. Rentees who return excessively dirty or wet equipment will be charged a cleaning fee appropriate to the offense. Renters are strongly encouraged to clean off and DRY ALL rented equipment items.

REFUND POLICY / EARLY RETURNS: The Rentee must pay the total balance of the equipment rental upon reservation. There are no refunds issued on paid rental fees. All lesson sales are final and are non-refundable. Rentees that have multiday rentals that are returned early to the Renter may use the remaining days at a later date, up to one year after the initial reservation dates.

DEMO GEAR: Demo Gear is available to customers wishing to test gear before they buy. Demo Rates are the same as Rental Rates. The Rentees first day’s rental can be applied to the purchase of new equipment of the same type. When new gear is used for the demo, it will be the same gear available for purchase as new. Used gear can usually be demoed or tested by arrangement. No demos / tests are available on consignment equipment. Rentees are 100 percent responsible for lost, stolen or damaged / broken gear.

SEASONAL / MULTI DAY RENTALS: Seasonal 3 & 5 day rental plans are available on a prepaid basis, for these rentals the first day’s rental can be applied to the purchase of new equipment of the same type if the Rentee decides to purchase immediately after the first days rental. The rental balance owed including taxes will also be applied towards that purchase. Should the 3 & 5 day seasonal Rentee continue to rent beyond the first day and then decide to purchase only the first days rental charges will be credited towards that sale all remaining rental periods owed will remain in valid to be used by the Rentee in their entirety.  No refund will be issued for days 2-5 rented but not used or for early return.

KITE GEAR: Kitesurfing Gear can be demoed during a lesson by arrangement. Please set this up ahead of time. Kiters will be only allowed to use gear appropriate to their kiteboarding level, and wind conditions. For advanced riding, proof of ability will be required, for example an IKO Kiteboarder certification card L3, proof personal kiter insurance is also recommended. Rentee / Kiter is responsible for all loss or damage to equipment during lessons, rentals and demos.

DEPOSIT / TAX: Rentee may be asked for a full value credit card or cash deposit for the replacement value of the rented equipment. Deposit will be released or refunded upon return of rented equipment in undamaged, clean and satisfactory condition. By signing this agreement the Rentee authorizes charges against this deposit or to the credit card on file in the event of cleaning fees, damage or total loss of equipment. California Sales Tax will be added to all rentals and sales.

RENTAL RATES 2012 SEASON: All Rentals / Demos are available per item or as a complete kite package and are intended for offsite use. All rentals are based on a flat daily rate for a period of 24hrs. All rates are subject to change.

  • Items: Twintip Board: $40
  • Surfboard: $50
  • Kite & Bar:  $140
  • Harness: $25
  • Helmet: $15
  • Wetsuit: $25
  • Complete Kite Packages: 1 Day : $180 3 Days: $430 5 Days: $700

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE: 

All users of this website agree that access to and uses of this website are subject to the following terms and conditions and other applicable law. When you use this website, you are automatically agreeing that both your access to the site and your use of it are at your own risk. If you do not agree to these terms and conditions, please do not use this website. KGB Kiteboarding hereafter refered to as “KGB Kiteboarding / KGBswag” reserves the right to modify these Terms of Use at any time. Please refer to this page frequently to review our current terms and conditions of use.

TERMS, COPYRIGHT: The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of KGB Kiteboarding / KGBswag. The collective work includes works that are licensed to KGB Kiteboarding / KGBswag. Copyright 2012 KGB Kiteboarding / KGBswag. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with KGB Kiteboarding / KGBswag or to purchase KGB Kiteboarding / KGBswag products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by KGB Kiteboarding / KGBswag in writing.

TRADEMARKS: The trademarks or trade dress of KGB Kiteboarding / KGBswag may not be used without our written permission. Trademarks or trade dress include the KGB Kiteboarding / KGBswag name and logo, and other graphics and other indicia of origin of KGB Kiteboarding / KGBswag products, services and programs. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of KGB Kiteboarding / KGBswag.

All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us KGB Kiteboarding / KGBswag or our affiliates.

USE: You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with www.kgbswag.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, is strictly prohibited.

ERRORS AND INACCURACIES: Our goal is to provide complete, accurate, up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions – including after an order has been submitted – and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

AGE RESTRICTIONS: In compliance with the Children’s Online Privacy Protection Act, www.kgbswag.com does not sell products online directly to children. If you are under 18, you may browse www.kgbswag.com only with the supervision of a parent or guardian. Purchases of products online may only be made by an adult.

WARRANTY DISCLAIMER: This website and the materials and products on this website are provided “As is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law KGB Kiteboarding / KGBswag disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KGB Kiteboarding / KGBswag does not warrant that the functions contained in the website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes that the website available are free of viruses or other harmful components. KGB Kiteboarding / KGBswag does not make any warranties or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. You assume total responsibility for your use of the website and any linked sites. Your sole remedy against KGB Kiteboarding / KGBswag for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

LIMITATION OF LIABILITY: KGB Kiteboarding / KGBswag shall not be liable for any direct, special, incidental, indirect or consequential damages that result from the use, or the inability to use, the materials on this website or the performance of the products purchased through the website or the conduct of other users of this website, even if KGB Kiteboarding / KGBswag been advised of the possibility of such damages. If, notwithstanding the other provisions of these terms of use, KGB Kiteboarding / KGBswag is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of this website or any content, KGB Kiteboarding / KGBswag liability shall in no event exceed US $50.00.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

NO CONFIDENTIAL INFORMATION: Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this website. KGB Kiteboarding / KGBswag has a formal procedure for those wishing to share a suggestion or idea with us.

If you wish to share an idea or suggestion with us, for the time being you must follow these procedures. You may request these procedures by sending your request via email to info@nullkgbswag.com This e-mail address is being protected from spambots. Please do not include your idea or suggestion in your email request. If you do not follow our formal procedure, any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

APPLICABLE LAW: By visiting this website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.

DISPUTES: Any dispute relating in any way to your visit to our website or to products purchased here shall be governed, construed, and enforced in accordance with the substantive law of the State of California, U.S.A. You consent to the exclusive jurisdiction of the state or federal courts of the State of California.

SITE TRANSACTIONS: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address /phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

PURCHASES RELEASE OF LIABILITY: Use of kiteboarding equipment requires safety training and kiteboarding is a dangerous sport.  When purchasing any equipment and/or product (of any kind) from KGB Kiteboarding / KGBswag or its dealers you assume all responsibility for any damage/injury that may result from using this equipment and/or product in any way.

KGB Kiteboarding / KGBswag and its affiliate companies /dealers assume no liability for the use of any equipment and/or products (of any kind) purchased, and by purchasing this equipment and/or products (of any kind) from us or our dealers, you understand, acknowledge and accept this release of liability

PRODUCT COLOR CHOICES: We have made every effort to display as accurately as possible the colors of our products that appear at the sites. We cannot guarantee that your computer monitor’s display of any color will be accurate. All color choices may not be available when placing an order. We reserve the right to substitute for available and in stock colors.

THIRD PARTY LINKS: In an attempt to provide increased value to our visitors, may link to websites operated by third parties. However, even if the third party is affiliated with KGB Kiteboarding / KGBswag has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of KGB Kiteboarding / KGBswag. These linked websites are only for your convenience and therefore you access them at your own risk. KGB Kiteboarding / KGBswag seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

INDEMNIFICATION: You agree to defend, indemnify and hold KGB Kiteboarding / KGBswag harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the agreement.

USE OF INFORMATION PROVIDED: You agree that KGB Kiteboarding / KGBswag is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on the website), or contained in any communication you may send to KGB Kiteboarding / KGBswag or submit to the KGB Kiteboarding / KGBswag website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.

PRIVACY: KGB Kiteboarding / KGBswag is committed to safeguarding your privacy. Any personally identifiable information received by us will not be shared with any third party and will be kept confidential.

MISCELLANEOUS:
Your use of this website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of KGB Kiteboarding / KGBswag products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Alameda County,California. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of KGB Kiteboarding / KGBswag products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from KGB Kiteboarding / KGBswag. You agree that any notice, agreement, disclosure or other communication that KGB Kiteboarding / KGBswag sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. KGB Kiteboarding / KGBswag failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. KGB Kiteboarding / KGBswag may assign its rights and duties under this Agreement to any party at any time without notice to you.

TERM; TERMINATION: These terms and conditions are applicable to you upon your accessing the website. KGB Kiteboarding / KGBswag reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated KGB Kiteboarding / KGBswag without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

These Terms of use are subject to change at any time without notice.

© 2013 KGBKiteboarding / KGBswag