🌊 WAVE DOMINATOR (PTY) LTD

TERMS & CONDITIONS OF SERVICE

Last Updated: 2025-10-21

1. INTRODUCTION

1.1. These Terms and Conditions (“Agreement”) govern the booking, rental, and participation in any activity operated by Wave Dominator (Pty) Ltd, its subsidiaries, franchisees, employees, and authorized agents (collectively referred to as “the Company”, “we”, or “us”).

1.2. By booking, paying for, or participating in any experience, activity, or rental service offered by Wave Dominator, you (“the Participant”, “the Customer”, or “you”) agree to be legally bound by these Terms and Conditions.

1.3. This Agreement constitutes a binding contract between the Company and the Participant, and shall apply to all bookings, whether made online, in person, or through an authorized third-party operator.

2. DEFINITIONS

For purposes of this Agreement:

“Activity” means any electric surfboard experience, guided ride, or water-based event operated by Wave Dominator.

“Equipment” includes electric surfboards, batteries, life jackets, Sharkbanz®, helmets, wetsuits, and any accessories provided by the Company.

“Franchise” means authorized Wave Dominator locations operating under the brand.

“Participant” refers to any person who takes part in an Activity, whether paying or non-paying.

“Voucher” means a non-cash booking credit valid for future use as described herein.

3. BOOKINGS AND PAYMENT

3.1. All bookings must be made through the official Wave Dominator website or via an authorized representative.

3.2. Full payment is required at least 24 hours prior to participation. No bookings will be confirmed until payment is received in full.

3.3. The Company only accepts online payments made through its official website.
There are no card payment facilities available on-site.
If Participants wish to purchase add-ons such as safety gear, photography packages, merchandise, or additional services while on-site, these items must also be purchased online through the Company’s secure payment portal.

3.4. Upon confirmation, the Customer will receive an email containing booking details, date, time, and location.

3.5. Participants must arrive at least 10 minutes before the scheduled start time to prevent late starts or delays.
Late arrivals will not be rebooked or postponed — your riding time will simply be reduced to ensure the next customer’s session begins on time.
All cancellations will be refunded only in the form of a voucher valid for 12 months from the original booking date.
No cash refunds will be issued under any circumstances, including bad weather conditions. Bookings may be moved to another date or refunded in the form of a voucher.

3.6. A cash refund or EFT reversal will only be issued if:

Wave Dominator’s equipment fails during the session,

Batteries were not fully charged due to staff error, or

A mechanical or technical fault prevented safe operation.

3.7. Vouchers are transferable and may be given to another individual; however, the original Participant who signed the Terms & Conditions and Indemnity Forms cannot transfer their personal agreement to another person.
Any new Participant using a transferred voucher must first sign all applicable waiver, indemnity, and safety forms before taking part in the activity.

4. PRICING AND PACKAGES

4.1. Prices are displayed on the official booking platform and are subject to change without notice.

4.2. Each session includes:

Setup and safety briefing

Mandatory life jacket and safety check

Approximately 45 minutes of active riding time within a 1-hour total session

4.3. Optional extras (e.g., wetsuit rental, merchandise, or photos) are charged separately.

4.4. Discounts, promotions, or vouchers cannot be combined unless authorized in writing by the Company.

5. CANCELLATION, RESCHEDULING, AND REFUND POLICY

5.1. All bookings are non-refundable.
Cancellations for any reason — including bad weather — will be refunded only in the form of a voucher valid for 12 months.
No cash refunds or exceptions will be made under any circumstances.

5.2. If the Company cancels an Activity for reasons beyond its control (including adverse weather, safety concerns, or mechanical failure), the Customer will receive a 12-month rebooking voucher.

5.3. Customers who arrive late for their scheduled session will not be rebooked or postponed.
The session will still proceed, but riding time will be reduced to avoid delaying the next client’s booking.

5.4. Rescheduling requests must be made at least 48 hours in advance and are subject to availability.

5.5. A cash refund or EFT reversal will apply only when the Company’s equipment fails, batteries were not charged correctly, or mechanical faults prevent safe operation.

6. PARTICIPANT REQUIREMENTS

6.1. Minimum age for independent riders is 16 years.
Participants under 16 must be accompanied by a guardian or pass a competency evaluation.

6.2. All Participants must:

Be able to swim unassisted.

Be in good health and fitness.

Not be under the influence of alcohol, drugs, or intoxicating substances.

6.3. Pregnant individuals or those with health conditions that may endanger themselves or others are advised not to participate.

6.4. The Company reserves the right to refuse participation if a person is deemed unfit or unsafe.

7. SAFETY AND EQUIPMENT USE

7.1. First-time riders must attend a mandatory training session before operating the surfboard.
Returning riders must attend a short safety briefing and activity refresher prior to riding.

7.2. Life jackets are compulsory at all times.

7.3. Sharkbanz® devices are mandatory in danger zones or shark territories.

7.4. Participants may bring their own wetsuit or rent one from the Company.

7.5. Electric surfboards are fitted with a magnetic cut-off switch to automatically stop the board when the rider falls off.

7.6. The Company reserves the right to terminate any session if the Participant behaves recklessly or violates safety rules.

8. EQUIPMENT DAMAGE AND LIABILITY

8.1. All Equipment remains the property of Wave Dominator.

8.2. Participants are responsible for any damage or loss caused by negligence, misuse, or failure to follow safety instructions.

8.3. The Company may charge for repair or replacement if damage results from improper use.

8.4. Normal wear and tear is excluded.

9. ASSUMPTION OF RISK

9.1. The Participant acknowledges that water sports involve inherent risks, including falls, collisions, drowning, and exposure to natural elements.

9.2. By participating, the Participant voluntarily assumes all risks and agrees that Wave Dominator, its staff, and affiliates shall not be held liable for injury, loss, or death.

9.3. The Participant understands and accepts that Acts of God and natural elements — including wind, storms, rain, thunder, sea streams, jellyfish, blue bottles, stingrays, shark attacks, and other marine life — are possible hazards during ocean activities.

9.4. The risk of drowning or being carried away from the surfboard due to strong wind or current may occur in rough waters or tumbling surf.
In such cases, Participants must immediately signal the guides using the provided whistle if they fall off and are being carried away, allowing staff to respond and assist safely.

9.5. All Participants must sign a Liability Waiver and Indemnity Form before engaging in any activity.

10. WEATHER AND UNFORESEEN CONDITIONS

10.1. Activities may be delayed, suspended, or canceled only when Wave Dominator (Pty) Ltd deems conditions unsafe for operation.
Only authorized Wave Dominator employees or appointed supervisors have the authority to determine whether weather or water conditions are unsuitable for riding.
No third-party weather apps, forecasts, or personal judgments by participants, spectators, or self-proclaimed “weather experts” shall be accepted as grounds for cancellation or refund.

10.2. The Company monitors real-time environmental factors including wind, lightning, currents, and water visibility to ensure participant safety.

10.3. If a session is stopped or postponed due to weather conditions declared unsafe by the Company, the Participant will receive a voucher valid for 12 months to rebook the experience.

10.4. No cash refunds are issued for weather-related interruptions once an activity has commenced

11. BEHAVIOR AND CONDUCT

11.1. Participants must treat staff, guides, and others with respect.

11.2. Abusive, intoxicated, or disruptive behavior will result in termination without refund.

11.3. All Participants must comply with local laws and environmental protection rules.

12. HEALTH AND MEDICAL DISCLOSURE

12.1. Participants must disclose any medical condition that could affect safe participation.

12.2. A basic first-aid and emergency kit is available on-site, with at least two legally trained first-aid responders on duty at all times to assist until professional care arrives.

12.3. All medical expenses incurred remain the responsibility of the Participant.

13. MEDIA AND PHOTOGRAPHY CONSENT

13.1. Participants consent to being photographed or filmed during activities for safety monitoring or marketing use.

13.2. Participants who wish to opt out must inform the Company in writing before the activity begins.

13.3. All media remains the property of Wave Dominator and may be used for promotional purposes globally.

14. PRIVACY AND DATA HANDLING

14.1. Personal and payment information collected during booking is stored securely and handled per the Protection of Personal Information Act (POPIA).

14.2. The Company will never sell or share customer information without consent, except where legally required.

15. WARRANTIES AND EQUIPMENT CONDITION

15.1. All equipment is maintained, tested, and inspected regularly for safe operation.

15.2. No warranty is provided against external factors such as weather, sea conditions, or misuse.

16. FORCE MAJEURE

16.1. The Company is not liable for delays or cancellations caused by factors beyond its control, including natural disasters, storms, floods, pandemics, or government restrictions.

16.2. In such cases, sessions will be rescheduled or refunded via voucher.

17. INSURANCE

17.1. Wave Dominator holds public liability insurance as required by South African law.

17.2. Participants are encouraged to hold personal travel or accident insurance.

18. GOVERNING LAW AND JURISDICTION

18.1. These Terms & Conditions are governed by the laws of the Republic of South Africa.

18.2. Disputes will first undergo mediation before legal action.

19. SEVERABILITY

If any clause is found invalid or unenforceable, the remaining clauses will continue in full force and effect.

20. ENTIRE AGREEMENT

This Agreement constitutes the full understanding between the Participant and the Company and supersedes any prior representations.

21. CONTACT DETAILS

Wave Dominator (Pty) Ltd
Email: info@wavedominator.co.za
Phone: 063 260 2023
Website: www.wavedominator.co.za

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