TERMS AND CONDITIONS

ARTICLE 1: DEFINITIONS

1.1. In these Terms and Conditions, the following terms shall have the following meanings, unless expressly stated otherwise:

"Surfcoaching Business" refers to Pepijn Tigges Surfcoaching (IAMPEPIJN), which offers surfcoaching services to individuals, groups, companies, etc.

"Representative" refers to a person acting on behalf of the Surfcoaching Business (e.g., instructor or trainer).

"Client" refers to the contracting party of the Surfcoaching Business, as well as the individuals participating on behalf of the Client.

"Activity/Arrangement" refers to the service and/or activity offered or organized by the Surfcoaching Business, which may include surfcoaching sessions, training sessions, and other agreed-upon activities.

ARTICLE 2: GENERAL

2.1. These Terms and Conditions apply to all offers, quotations, and the execution of the agreed-upon Activities/Arrangements between the Surfcoaching Business and the Client.

2.2. The Client accepts the applicability of these Terms and Conditions by entering into an agreement with the Surfcoaching Business or by physically participating in an Activity/Arrangement. These Terms and Conditions also apply to all agreements with the Surfcoaching Business, even if third parties are involved in the execution.

2.3. Any deviations from these Terms and Conditions are only valid if expressly agreed upon in writing. In the event that one or more provisions of these Terms and Conditions are void or nullified, the remaining provisions of these Terms and Conditions shall remain in full force. The Surfcoaching Business and the Client will then consult to agree on new provisions to replace the void or nullified provisions, taking into account the purpose and intent of the original provisions.

ARTICLE 3: BOOKINGS, PAYMENTS AND REFUNDS

3.1. Surfcoaching must be booked and paid for in advance.

3.2. All prices communicated via the Surfcoaching Business's channels are inclusive of VAT.

3.3. The Surfcoaching Business reserves the right to reschedule a booking if necessary, such as due to weather and wave conditions. In such cases, the Surfcoaching Business will contact the Client in a timely manner to propose an alternative date and time, taking into consideration the Client's preferences.

3.4. Clients must notify the Surfcoaching Business at least 24 hours in advance if they are unable to attend a scheduled lesson; in such cases, no costs will be charged. Later than 24 hours, no amount can be deducted from the total payable amount. The responsibility lies with the Client to notify the Surfcoaching Business at least 24 hours in advance of the cancellation.

3.5. The Surfcoaching Business is not liable for any errors, typos, or programming errors on its website or in other publications.

3.6. In case of long-term injuries sustained during training, no refund of the already paid fees can be issued. However, these coachingsessions can be rescheduled for a later date.

3.7. Refunds after payment are not possible if there has been sufficient chances to follow coaching sessions for the Client or if there has been more than 14 days between payment and request to refund.

3.8. Full or partial refunds from special deals/discounts are not possible as per rules of article 3.7.

3.9. To secure a spot in a coaching session, the full payment has to be done in full at least 24 hours before the start of the coaching session and is only confirmed when the payment has been done to the Surfcoaching Business.

ARTICLE 4: EQUIPMENT AND MANDATORY KNOWLEDGE/SKILLS

4.1. Equipment cannot be reserved in advance as there is no possibility in renting equipment from the surfcoaching business.

4.2. Equipment should be brought or rented on Client’s own accord in a timely manner before the start of the surfcoaching session.

4.3. The Surfcoaching Business does not assume responsibility for any physical injuries or material damage to the Client or third parties.

4.4. A swimming diploma A is mandatory.

4.5. Clients must be able to handle rip currents.

4.6. Clients must apply right-of-way rules as thought in all beginner surflessons in certified surfschools around the world.

4.7. Clients must be able to paddle out towards the back of the line-up (behind the waves) in most conditions and surfing an unbroken wave to left and right before following a coaching session. This is the Client’s responsibility to assess if that’s possible for them during the specific coaching session.

ARTICLE 5: OTHER ACTIVITIES

5.1. All terms as described in these General Terms and Conditions also apply to all other activities offered by the Surfcoaching Business.

ARTICLE 6: GIFT/VOUCHER CARDS

6.1. Gift and/or voucher cards issued by the Surfcoaching Business cannot be redeemed for cash.

ARTICLE 7: RISK AND LIABILITY

7.1. Safety is the highest priority of the Surfcoaching Business.

7.2. Clients acknowledge that the use of rented materials and lesson materials is at their own risk and assume all associated risks, including those related to other activities.

7.3. Clients must adhere strictly to the safety and other instructions given by instructors and staff of the Surfcoaching Business.

7.4. Clients are responsible for attending the theory part of the lesson or receiving other relevant explanations from the Surfcoaching Business staff/instructor.

7.5. The Surfcoaching Business is not liable for any accidents or damages, whether physical or material. Clients are aware that no guarantees are given for safety and it’s the Clients responsibility to assess the situation and choose the most safe procedure to follow the coaching sessions, and therefore, the Surfcoaching Business is indemnified.

7.6. In the case of minors, parents and/or guardians are responsible for providing correct information to the Surfcoaching Business regarding the minor.

7.7. Clients with neck and/or back problems, pregnant women, individuals with heart problems or a history of heart problems, shortness of breath, or under the influence of medication, drugs, and/or alcohol are strongly advised not to participate in the coaching. The Surfcoaching Business is not liable for any consequences if the participant decides to participate in surfing under such conditions.

7.8. The Surfcoaching Business accepts no liability for (steering) errors, incompetence, collisions, cutting off, or defects in the materials used (surfboards, wetsuits, etc.) experienced by the participant or other Clients. The participant expressly assumes this risk.

7.9. In the case of reckless behavior during individual surfing and surfcoaching sessions, including reckless behavior in surfing, collisions, cutting off, intentional damage, etc., the injured party or the Surfcoaching Business may hold the participant liable for any damages.

7.10 Clients engage in surf coaching at their own risk and that you are not liable for any injuries, damages, or losses incurred during coaching sessions or trips.

ARTICLE 8: FORCE MAJEURE

8.1. Force majeure refers to events or circumstances beyond the control of the Surfcoaching Business that prevent it from fulfilling its obligations under the agreement.

8.2. If Activities/Arrangements need to be halted due to unforeseen circumstances such as thunderstorms, storms, and/or other extreme weather conditions (including, but not limited to, extremely hard winds, high waves or no wind and no waves), they will be resumed at a later time, in consultation with the Client.

ARTICLE 9: MEDIA AND COPYRIGHTS

9.1. Cameras and other equipment may be used by the Surfcoaching Business for safety and commercial purposes. All media rights to the recordings remain with the Surfcoaching Business, and the participant expressly waives any claims to these rights. Regarding all services and products provided by the Surfcoaching Business, the Surfcoaching Business reserves all rights and powers as stipulated in the Copyright Act.

ARTICLE 10: APPLICABLE LAW

10.1. These Terms and Conditions and the legal relationship between the Surfcoaching Business and the Client are governed by Dutch law. In case of any disputes, the court of The Hague shall have exclusive jurisdiction to settle such disputes. Nevertheless, the Surfcoaching Business has the right to submit a dispute to the competent court according to the law.

By making the payment, entering into any other sort of agreement with the Surfcoaching Business or participating in an Activity/Arrangement, the Client agrees to these Terms and Conditions and acknowledges having read and understood them.