Terms of service
Terms of Service — MiamiKiteboarding (MKB)
Updated date: Jan 22,2025
OVERVIEW
This website and store are operated by MiamiKiteboarding (“MKB”, “we”, “us”, “our”). By visiting our site and/or purchasing any products or services (includinglessons, rentals, tours, events, or merchandise), you engage in our “Service” andagree to be bound by these Terms of Service (“Terms”), including policiesreferenced here or linked by URL (e.g., Refund/Cancellation Policy and PrivacyPolicy). These Terms apply to all users of the site.Our store is hosted on Shopify Inc., which provides the e-commerce platform thatallows us to sell our products and Services to you.
1) ELIGIBILITY & PARTICIPATION
● You represent you are at least the age of majority in your state of residence, or you have parental/guardian consent for a minor participant.
● Participation in watersports requires basic swimming ability, following safety briefings, and complying with staff instructions, beach/park rules, and navigational zones.
● We may refuse Service to anyone at any time for safety, weather, operational, capacity, or policy reasons.
2) BOOKING, PRICING & PAYMENTS
● Prices may change without notice. Taxes/fees may apply.
●You agree to provide current, complete, and accurate contact and payment information and to update it as needed.
● We may limit or cancel orders in our discretion (e.g., suspected reseller orders, duplicative bookings, or policy violations). We will attempt to notify you via the contact information on file. For refunds, rescheduling, and credits, see our Refund/Cancellation Policy.
3) LESSONS, RENTALS, TOURS & EVENTS
● Check-in & ID: Arrive early for check-in; bring a government-issued photo ID , you must sign required forms waiver.
● Skill assessment: We may assess your level and adjust lesson scope or restrict rental usage for safety.
● Minors: A parent/guardian must sign required forms and remain reachable on site unless otherwise approved.
● Equipment use: You agree to proper, careful use of equipment and to immediately report issues, damage, or loss.
● Park/Permit rules: You must comply with posted beach/park regulations (including but not limited to Crandon Park or other launch sites), designated riding zones, wildlife protections, and lifeguard instructions.
4) WEATHER, CONDITIONS & CANCELLATIONS
● Weather/Conditions: Watersports are weather-dependent. We reserve the right to delay, modify, reschedule, relocate, or cancel activity for safety or operational reasons (e.g., wind, storms, water quality, red tide, lightning, park closures).
● Our cancellations: If MKB cancels for weather/operations, you will receive a reschedule or credit (and where applicable, a refund per our Refund/Cancellation Policy).
● Your cancellations/no-shows: Your booking is subject to our Refund/ Cancellation Policy timing windows and fees. Late arrivals that reduce lesson time are typically forfeited. No-shows are non-refundable.
●Expiration: Packages/sessions may expire after a defined period (see Refund/ Cancellation Policy).
5) RENTAL DAMAGE POLICY - KITES & WINGS
All renters are responsible for any damage to the equipment during the rental period. Please read carefully before signing or using the equipment.You accept responsibility for loss, theft, or damage to equipment beyond normal wear. At our discretion, we may charge repair or replacement costs
Damage Assessment and Charges:
● Any cross tear (X-T) on a kite or wing is considered 100% damage.
● Any tear longer than 12 inches (1 foot) on a kite is considered total loss — renter will be charged the full retail price of the kite.
● Any tear longer than 8 inches on a wing is considered total loss — renter will be charged the full retail price of the wing.
● Minor damages (pinholes, small cuts, or scratches) will be assessed at repair cost plus service fee.
● Damage caused by crashing, dragging, flying in shallow water, or improper handling is not considered normal wear and tear.
Payment and Responsibility:
● Renter authorizes Miami Kiteboarding to charge the repair or replacement cost to the credit card on file.
● Equipment is considered under the renter’s responsibility from the time it leaves our staff’s supervision until it is returned and inspected.
● In case of total loss, the retail price of the equipment will be charged as replacement value.
6) HEALTH, MEDICAL & SAFETY
●You confirm you are fit to participate, free from conditions that watersports could aggravate, and will disclose relevant health concerns to staff in advance.
● You consent to basic first aid if needed and understand that emergency response may require evacuation or third-party services at your cost.
7) ASSUMPTION OF RISK; RELEASE OF LIABILITY; INDEMNITY
Watersports (including kitesurfing, e-foiling, paddle, kayak, boat support, and beach activities) are inherently risky. By participating, you knowingly and voluntarily:
● Assume all risks, known and unknown, including injury, drowning, impact, equipment failure, changing weather, marine life, other riders boaters, and environmental hazards;
● Release and discharge MKB, its owners, officers, employees, contractors, instructors, agents, affiliates, insurers, and equipment suppliers from any and all claims, demands, liabilities, damages, losses, costs, and expenses arising out of or related to your participation, except to the limited extent not permitted by Florida law;
● Indemnify and hold harmless the released parties from claims brought by you or third parties arising from your acts/omissions, breach of these Terms, or violation of laws/park rules. Some jurisdictions limit waivers; where not enforceable, this clause applies to the maximum extent permitted by law. You may be asked to sign a separate waiver on site; both apply.
8) CONTENT; MEDIA CONSENT; INTELLECTUAL PROPERTY
● Site content, logos, photos, videos, and course materials are owned or licensed by MKB and protected by IP laws. You may not copy, reproduce, or exploit them without our written consent.
● By submitting reviews, photos, video, or feedback, you grant MKB a non-exclusive, worldwide, royalty-free license to use, edit, reproduce, and display such content for marketing or operational purposes.
● Photo/Video Consent: You consent to incidental capture and use of your image during activities for safety/operational records and promotional purposes. If you prefer not to be photographed, please tell staff at check-in and email info@miamikiteboarding.com.
9) USER CONDUCT & PROHIBITED USES
You may not use our site or Services for unlawful purposes; to violate laws, park rules, or others’ rights; to harass/abuse; to transmit malware; to spam/scrape; or to interfere with security features. We may suspend or terminate Services for violations.
10) ACCURACY OF INFORMATION; THIRD-PARTY TOOLS & LINKS
We try to keep information current, but errors may occur. Third-party tools/links are provided as-is and at your risk. We do not control or endorse third-party content and are not responsible for their policies or practices.
11) ELECTRONIC COMMUNICATIONS & MESSAGES
By using our site, you consent to receive emails and, where you opt-in, SMS or app notifications regarding bookings, safety updates, and promotions. You can unsubscribe per message instructions (transactional messages may still be sent).
12) PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy: [link to Privacy Policy]13) WARRANTY DISCLAIMER & LIMITATION OF LIABILITY The site and Services are provided “as is” and “as available.” We do not warrant uninterrupted, timely, secure, or error-free operation. To the fullest extent permitted by law, MKB disclaims all warranties and shall not be liable for indirect, incidental, special, punitive, or consequential damages. In jurisdictions that do not allow such exclusions, our liability is limited to the maximum amount permitted by law.
14) SEVERABILITY; NO WAIVER
If any provision is unlawful or unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver.
15) TERMINATION
We may suspend or terminate access for violations of these Terms or safety/ operational reasons. Obligations accrued prior to termination survive.
16) GOVERNING LAW; VENUE
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. You agree to exclusive venue and jurisdiction in the state or federal courts located in Miami-Dade County, Florida. You waive any objection to inconvenient forum.
17) FORCE MAJEURE
We are not liable for delays/failures due to events beyond our reasonable control, including severe weather, park/beach closures, acts of God, labor actions, or third-party outages.
18) CHANGES TO TERMS
We may update these Terms at any time by posting a revised version on this page with a new effective date. Your continued use after changes constitutes acceptance.
19) CONTACT INFORMATION
Questions about the Terms of Service: info@miamikiteboarding.com
MiamiKiteboarding (MKB)
Email: info@miamikiteboarding.com
Phone: 305-345 9974
Address: North beach Crandon Park - 6767 Crandon Blvd- Key Biscayne 33149
Business Registration: 65-1095249