The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
Consumer Agreement: Release, waiver and assumption of risk/liability: In consideration for being permitted to access the property known as "The Map Of Africa" paragliding launch site for the purposes of Hang Gliding and Paragliding, as defined below, I for myself, my guests, my personal representatives, heirs, executors, next of kin, spouse, partners and assigns, do agree as follows:
A. I hereby RELEASE, WAIVE AND DISCHARGE the Map Flight Club, it's officers and directors, the property owners, any adjoining property owners, (Released Parties) from any and all liability, claims, demands or causes of action that I may hereafter have for injuries and damages arising from my Hang Gliding and Paragliding or any other activity, EVEN IF CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
B. I Further agree that I will not sue or make claims against the Released Parties for damages or other losses sustained as a result of my participation in Hang Gliding and Paragliding, or any other activity.
C. I understand and acknowledge that my use of the property for Hang Gliding and Paragliding or any other activity, has inherent dangers including death, that no amount of care, caution, instruction or experience can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED AS A RESULT OF MY HANG GLIDING AND PARAGLIDING ON THE "MAP OF AFRICA", WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
D. I have been advised and recognise that recreational activities are not covered by any medical, personal accident, general liability insurance or self-insurance program policy issued to the Released Parties.
E. I am a member of, and will maintain membership in, the South African Hangliding And Paragliding Association (S.A.H.P.A.) in order to provide Map Flight Club and the owners of "The Map" with liability insurance for any claims that might arise from my Hang Gliding or Paragliding, on or
from the aforementioned property. I also agree to fully cooperate in the defence of the Map Flight Club, and the owners of "The Map".
F. I agree that this agreement shall be governed by and constructed in accordance with the laws of the Republic Of South Africa. All disputes and matters whatsoever arising under, in connection with or incident to this agreement shall be litigated, if at all, in and before a Court located in the Republic Of South Africa to the exclusion of the Courts of any other State or Country. In any such litigation, I will pay all attorneys’ fees and costs for the Released Parties if they are the prevailing party.
G. I VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF MY INJURIES, DEATH, OR ANY DAMAGES ARISING FROM MY HANG GLIDING AND PARAGLIDING OR ANY OTHER ACTIVITY ON
SAID PROPERTY EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE OF THE RELEASED PARTIES TO THE FULL EXTENT ALLOWED BY LAW.
H. Hang Gliding and Paragliding shall mean launching (and/or assisting another in launching), flying (whether as pilot in command or otherwise), and/or landing (including, but not limited to, crashing) a hang glider or paraglider.
I. I affirm that I am of legal age and that I am freely agreeing to this document, I have read this document & I understand that I am giving up legal rights or remedies that may be available against the Map Flight Club, the property owners or any other parties listed above.
Due to the nature of the products/memberships sold on the Map Flight Club website, refunds are not possible except under circumstances deemed "exceptional" by Map Flight Club.
Such "exceptional circumstances" are at the sole discretion of Map Flight Club.
Should the site (Map Of Africa) need to be closed for any reason, temporarily or permanently, no refunds will be made. In purchasing a membership, the member acknowledges the risk that the site may be closed temporarily or permanently without a refund for the unused portion of the membership.
Right of admission is reserved and can be denied or cancelled at any time for any reason.
Map Flight Club reserves the right to cancel any membership at any time, at it's discretion, should it be deemed by the aforementioned that the member has transgressed or violated any of the site rules as set forth on this website and/or at the physical location, or in the case where the member has violated accepted rules of conduct as determined by Map Flight Club. Should a membership be cancelled for the above reason(s), admission to the site (The Map of Africa Paragliding Site) will automatically be denied the pilot who's membership was cancelled, effective immediately.
In the event of litigation both parties agree that the Law of the Republic Of South Africa shall apply and both parties shall consent to the jurisdiction of said country's courts. Both parties expressly waive a trial by jury.
The Terms and Conditions constitute the entire agreement between you and Map Flight Club with respect to this Web site and the use of The Map Of Africa paragliding launch site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Map Flight Club. No modification of the Terms and Conditions shall be effective unless it is authorised by Map Flight Club. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.