NY Kite Center and Pereira Adventure Sports, LLC WATER SPORTS WAIVER
Please read and be certain you understand the implications of signing. By signing below, you are confirming your agreement and understanding of what is stated below. Express Assumption of Risk Associated with Sport, Venue Use and Related Activities. In consideration of being allowed to participate in watersport events and activities and/or being provided with watersport recreational property or services, for myself and any minor children for whom I am parent, legal guardian or otherwise responsible, and for my own heirs, personal representatives or assigns:
I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY AGREEMENT, I UNDERSTAND THAT SIGNING THIS DOCUMENT, I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST NY KITE CENTER AND PEREIRA ADVENTURE SPORTS LLC, THEIR OFFICERS, DIRECTORS AND THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS.
Participant's Name (printed) ______________________________________________ Age _______
Date: _________________ Signature ____________________________________________________
If participant is under 18, the parent or legal guardian must also sign____________________________
Please list any known allergies to plants, insects, or medications. Please list any medical conditions that may impact your ability to participate in watersports or related activities (if more space is required, attach extra pages)
Welcome to the NY Kite Center’s website. The NY Kite Center and its associates are dedicated to provide the best service subject to the following terms and conditions. Please read and agree to the following to continue using our site.
All products on our website are subject to availability, if the product is out of stock or on back order we will do our best to offer you appropriate alternative products to substitute.
All lessons and gear purchase are subject to agreement of our Waiver . Agreeing to our terms and conditions you also agree to all conditions on the waiver.
Services: The NY Kite Center’s lessons, services, clinics and trips are scheduled on a “first come, first serve” basis. To be placed on our schedule or wait list for any lesson, session, service, clinic or trip, we must receive full advance payment, subject to our refund policy – see below.
**NYKC Conducts Kiteboarding Lessons Rain or Shine! All Pre-Flight, Take Off, Power Up, Next Level, Wave Guru, and Go Pro lessons are a maximum of two students, one instructor, and one kite, bar, board set-up**
Cancellation Policy: Please call by 10am the day before your scheduled time to cancel a lesson or session. Failure to do so will result in a $75 cancellation fee. In the event that you cancel your session on the day of with less then 6 hours notice, you will be charge the entire cost of your scheduled lesson. **NYKC Conducts Kiteboarding Lessons Rain or Shine**
Lesson Refund Policy:If your session must be rescheduled due to weather conditions, your credit will be applied to your next scheduled session. Your lesson credit expires one year from the purchase date. (note: as you use your session hours, your remaining credit gets reduced according to the full retail value of the used session hours.) Any un-used, unexpired credit may be used toward the purchase of gear. If you are unable to use your session you can apply the credit toward merchandise purchases in our retail store. If you do not use the credit toward a merchandise purchase a refund of your remaining credit can be issued MINUS a 50% refund fee. Credit from unused lessons are redeemable for up to one year from date of purchase.
Student Lesson Conduct Policy: NY Kite Center reserves the right cancel/void any student lesson if it is determined that the student is under the influence of alcohol or drugs or if they are unable to perform the physical requirements for that specific lesson.
Product Return Policy:
Custom Order Purchase/Return Policy: In the event you need to have a custom order placed for an item that you are requesting, we must receive full payment on the specific item and all shipping costs affiliated with that ordered prior to processing your request. If you decide to return your custom order, the return policy is as follows: If the item is returned within 30 days of the delivery date, a refund or store credit can be issued MINUS a 50% restocking fee. If the item is returned after 30 days of the delivery date, a store credit can only be issued MINUS the 50% restocking fee and this credit will be valid for up to 6 months from the return date.
Fraud Protection Policy: If an order does not have a matching shipping & billing address or is flagged through our ecommerce system for a fraud alert, NYKC reserves the right to require additional information to verify the purchase. This can include, but is not limited to, asking the customer to complete a form supplied by NYKC that verifies specific information. Special information could be, but not limited to, the billing & shipping address, the complete credit card number, expiration date, 3-digit code, and name as it appears on the card. NYKC also reserves the right to ask for a government issued ID to be used to verify the purchase. In addition to this, NYKC may require to run a test charge that must be verified by the customer to confirm the purchase.
Domestic (Continental US, excluding Alaska, Hawaii)
Free domestic shipping via UPS Ground, Fed-Ex Ground, 7-Day Express Ground, or US Postal Service Standard shipping is available on all small, in-stock, non-discounted items.
Expedited Shipping: UPS, Fed-Ex, 7-Day Express, & USPS Overnight and 2-Day services are available at an extra cost. A contact number must be provided to set-up expedited shipping request.
Shipping to PO Boxes can only be done via US Postal Service and therefore is not eligible for free shipping. We can waive this rule for larger orders on a case by case basis.
All orders with non-matching billing and shipping addresses will require a valid phone number for voice verification. For security reasons, in some cases (especially for larger orders), we may require scanned copies of documents to validate buyer’s identity as well as additional verifications through your credit card company.
Custom/Special Orders and Large Packages: All shipping cost must be paid for by the customer. There is no free shipping offer for these types of orders. You will be notified if your request needs to special ordered. In these cases we will contact you to discuss the shipping cost prior to processing your order and payment. Large Package dimensions are based on the shipping carrier's current size limitations and are subject to surcharges.
International (and non-Continental US)
All international orders will require a valid telephone number for voice confirmation. For security reasons, in some cases (especially for larger orders), we may require scanned copies of documents to validate buyer’s identity as well as additional verifications through your credit card company.
International orders do not qualify for free shipping. We will utilize USPS, UPS, or Fed-Ex for all international shipments.
Due to shipper limitations on size and weight of packages**, we will be unable to ship certain larger items (most kiteboards) to certain destinations. This will be handled on a case by case basis
Buyer is responsible for all foreign taxes and customs duties. NY Kite Center assumes no responsibility for any extra charges that may occur due to foreign taxes or customs duties.
In cases where a customer is needing to use a freight forwarding company the following rules will apply. The customer must set-up and pay all cost for their shipment. Purchases will only be accepted via cash, bank check, or money transfer. The items will not be released to the freight forwarder until all funds have be cleared for payment
NY Kite Center will not ship directly to other countries (excluding Canada & Puerto Rico). If you choose to use a freight forwarding company, we require that they have a location within the United States.
Gift Cards: All Gift Cards purchased can be applied to lesson or products purchases for up to 12 months from the date of purchase. Any unused funds from a purchased gift card will be credited to your account and will remain eligible with us for up to 12 months from the original date of purchase. If your gift card balance doesn’t cover the total cost of your order, we will charge you the remaining amount to your credit or debit card. If the total cost of the order is less than the balance on your gift card(s), any unused balance will remain on your account for up to 12 months from the original purchase date of the gift card.
Lost or Stolen Gift Cards: We can replace the remaining balance on a lost, stolen or damaged gift card, as long as you have the original purchase receipt. Please call 631-691-0793.
Returning Items Paid By Gift Card: You can return items purchased with gift cards in accordance with our Return & Exchange Policy The return amount will be credited to your account
Gift Card Specific Terms & Conditions:
Price Match Guarantee:
Electronic Communication - When you communicate with the NY Kite Center via this website, electronic communication has begun. You have approved to have communications sent to you electronically. The NY Kite Center will communicate with you via emails or postings on our website. You agree that all contracts, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.