THE FLY PROGRAM (FLY): TERMS AND CONDITIONS (T&C’S) FOR PROGRAMS
1.1 Fly supplies the programs to you subject to these T&C’s.
1.2 You must follow all instructions, traffic rules and road rules.
1.3 Children under the age of 12 cannot participate. Participants between the ages of 12 and 18 years of age must be accompanied by a parent or guardian.
1.4 You must follow all directions given by Fly throughout the program and you must remain in control of your equipment at all times.
1.5 You consent to Fly collecting photographic images and video footage taken of you while participating in the program and that Fly may use photographic images and video footage in Fly promotional and advertising material.
2 EXCLUSION OF LIABILITY AND WAIVER TO SUE US
2.1 Fly uses great care to ensure that its programs are safe, however you acknowledge and agree that programs can be dangerous and include inherent risks and hazards. As a result personal injury (including serious personal injury) and sometimes death can occur.
2.2 You assume and accept all risks and waive the right to sue Fly for any personal injury or death suffered by you caused by or arising from your participation in the program.
2.3 You must sign a General Waiver and Assumption of Risk Form (Form) prior to the start of the program. If you do not sign the Form, you cannot partake in the program.
2.4 Fly are not liable to you for personal injury or death suffered by you due to your participation in the program.
3 ACKNOWLEDGEMENT, WARRANTIES AND INDEMNITY
3.1 You acknowledge and warrant to Fly:
(a) that each person you make a booking for has read, understood and accept these T&C’s and that no other representation has been made by any person about the use of equipment, services or facilities supplied by Fly or any activity arranged and/or supervised by Fly, which contradicts any of these T&C’s; and
(b) if you have any health issues prior to the program, you have sought appropriate medical advice and clearance;
3.2 You acknowledge that:
(a) Fly is entitled to withdraw the provision of any equipment from me or any participants at any time and whether or not a fee has been paid in relation to the use of the same. In those circumstances, Fly is not bound to make any refund of any part of that fee to me or any other person;
(b) If, at any time, in the discretion of Fly, its servants or agents, vehicle help, evacuation or other assistance is required, such help or assistance may be obtained on behalf of any participant at my expense.
3.3 You indemnify Fly against any loss or damage suffered by Fly to the extent that the loss or damage is caused by any negligent or illegal act or omission by you.
4 LIMITATION OF LIABILITY
4.1 To the extent permitted by law, all guarantees, warranties and conditions other than those specified in these T&C’s are excluded.
4.2 To the extent permitted by law Fly will not be liable in any circumstance:
(a) for any personal injury or damage to property of any kind resulting from your negligence, default under these T&C’s, or illegal act during your participation in the program;
(b) any loss of or damage to your property (including but not limited to, your luggage); and
(c) any consequential loss suffered by you; and
4.3 Fly’s total liability to you for all claims arising out of this agreement is limited to an amount equal to the monies Fly have actually received from you.
4.4 If you fail to comply with all Fly directions, road rules, applicable laws and regulations Fly may expel you from the program and Fly will not be liable to refund you the program price.
5 CANCELLATION & VARIATION
5.1 If you fail to arrive at the commencement of the program, we may cancel your booking and retain any payments made by you.
5.2 If you cancel your program, you will be entitled to a refund provided at least 48 hours’ notice is given. Failure to provide the required notice will result in forfeiture of any payments made by you.
5.3 We endeavour to ensure every program goes ahead, however we reserve the right to cancel a program at any time prior to the commencement of the program due to circumstances beyond our control.
5.4 If we cancel your booking and/or the program prior to commencement for any reason other than as a result of you not arriving prior to the commencement of the program, we will refund you all the money you have paid us.
5.5 If any event beyond our control occurs (for example fire or severe storm) we may to the extent permitted by law, either: vary the program; or cancel the program and refund you any payment received by us
5.6 We may vary the program at our discretion for any reason prior to and during the program and we will not be liable to refund you any payment received by us on account of the program price.