EQUIP TERMS & CONDITIONS
V1 JULY 2021
Please review the following terms and conditions concerning your use of and access to the Website related to the use of equipment used for stand-up paddleboard (hereinafter referred to as SUP), the provision of this type of equipment for use. By accessing, using and/or downloading any materials or content from the Website, you agree to follow and be bound by these terms and conditions (these “Terms” or this “Agreement”). If you do not agree with these Terms, you may not use the Website.
Equip provides its customers (hereinafter referred to as a user) with the use of a SUP, a vest and a paddle (hereinafter referred to as equipment), and the user undertakes to pay a fee to Equip for the use of such equipment (hereinafter referred to as fee). The provision of equipment for use shall take place in accordance with the present terms and conditions (hereinafter referred to as General Terms and Conditions), after the familiarisation with which the transaction between a user and Equip is regarded as having been entered into, and the contract for use is regarded as having been entered into, too (hereinafter referred to as the contract).
Equip offers equipment only for personal use (except for special cases) and only at the sites specified on the map (hereinafter referred to as a map), which is available on the webpage of Equip as well as in the mobile application (available for iOS and Android).
By means of the webpage of equip.app (hereinafter referred to as the webpage) and Equip mobile application (hereinafter referred to as a mobile application) users can purchase services in the form of renting of SUP equipment.
By accepting these terms and conditions the user confirms that he or she has familiarised himself or herself with the General Terms and Conditions, given his or her consent to them, and is willing to adhere to them.
1.1 GENERAL PROVISIONS
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Website. All features, content, specifications, products, technologies, colours and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only.
Equip provides the equipment to the user for personal use under the terms and conditions listed in General Terms and Conditions, and the User undertakes to pay for such equipment the fee specified in the price list, which is available in the mobile application. This obligation is valid for a specific period, and the user undertakes to return the equipment to Equip after the expiration of the relevant time period.
1.2 GENERAL USE PROVISIONS
In order to accept the equipment for use, users should register on the Equip mobile application.
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by Equip or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Equip and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Equip and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without Equip’s prior express written permission.
Except where expressly provided otherwise by Equip, nothing on the Website or Mobile App shall be construed to confer any license or ownership right in or to the Materials, under any of Equip’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Equip. Equip does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Equip.
Any unauthorized use of any Materials contained on the Website or Mobile App may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable local, state, federal, and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer and mobile phone. You agree to accept responsibility for all activities that occur under your account or password.
You or we may suspend or terminate your account or your use of this Website or Mobile App at any time, for any reason or for no reason. You are personally liable for any bookings that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website or Mobile App at any time without notice.
1.3 LINKS TO THIRD PARTY SITES
The Website or Mobile App may contain links or have references to websites controlled by parties other than Equip. Equip is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Equip is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Equip of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Equip. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
1.4 LICENSES FROM EQUIP
Equip is granting you a revocable, limited license, in compliance with these terms.
1.5 DATA FROM YOU
1.6 REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the power and authority to enter into this Agreement. Equip warrants that it will provide the Website and Mobile App and all goods and services in a manner consistent with its business practices, as Equip, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement on their behalf.
1.7 DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY EQUIP, THE MATERIALS ON THE WEBSITE AND MOBILE APP ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, EQUIP AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MOBILE APP, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. EQUIP AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE/MOBILE APP AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, THE MOBILE APP OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EQUIP AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE, THE MOBILE APP OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE OR MOBILE APP WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AND MOBILE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER EQUIP NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, THE MOBILE APP AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. EQUIP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY EQUIP, THE WEBSITE, THE MOBILE APP AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. EQUIP EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE AND THE MOBILE APP. YOU USE THIRD-PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO THE USE OF SAID THIRD-PARTY PROVIDERS AND SERVICES.
1.8 LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EQUIP EXCEED $1,000.00. IN NO EVENT SHALL EQUIP OR THE THIRD-PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, MOBILE PHONE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE, THE MOBILE APP AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
WE TAKE NO RESPONSIBILITY FOR THE BELONGINGS THAT THE USER CHOOSES TO LEAVE IN THE LOCKER. ANY DAMAGES INCURRED TO THE USERS’ BELONGINGS WHILE USING THE EQUIP EQUIPMENT IS ALSO THE LIABILITY OF THE USER. IF THE USER FORGETS ANY OF HIS BELONGINGS IN THE LOCKER, EQUIP IS NOT LIABLE. EQUIP IS NO LIABLE FOR ANY DAMAGES, THEFT OR LOSS OF USER BELONGINGS.
You shall defend and indemnify Equip and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against Equip or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. Equip shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website, the Mobile App and/or the goods, services or materials associated with the Website the Mobile App other than in accordance with this Agreement; (b) the combination of the Website, the Mobile App and/or the goods, services or materials associated with the Website or the Mobile App with any other products, services, or materials; or (c) any third-party products, services, or materials.
1.10 YOUR RESPONSIBILITIES
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website and the Mobile App, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Equip controls and operates the Website, Mobile App and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
When entering into the contract, the user confirms that he or she is a person of full legal age or at least 16 years of age, who has entered into a transaction using the funds that have been provided for this particular purpose or for free use by a legal representative of such person or by a third person at the consent of the latter.
1.11 MISCELLANEOUS PROVISIONS
Any action related to this Agreement will be governed by Swiss law. No choice of law rules of any other jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Website or Mobile App shall be subject to the exclusive jurisdiction of the cantonal and federal courts located in Geneva, Switzerland, and to arbitration, as stated herein. This Agreement represents the parties’ entire understanding relating to the use of the Website or Mobile App and supersedes any prior or contemporaneous, conflicting or additional, communications. Equip reserves the right to change these Terms or its policies relating to the Website or Mobile App at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website or Mobile App, which may be posted from time to time. Your continued use of the Website and/or Mobile App after any such changes and/or postings shall constitute your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Equip and you as a result of these Terms or use of the Website or Mobile App. You may not assign this Agreement without the prior written approval of Equip. Any purported assignment in violation of this section shall be void. Equip reserves the right to use Third-Party Providers in the provision of the Website or Mobile App and/or the goods, services and/or materials associated therewith. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Equip.
1.12 INTELLECTUAL PROPERTY NOTICES
Elements of the Website and the Mobile App are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website or the Mobile App may be copied or retransmitted unless expressly permitted by Equip.
All Equip trademarks and/or other Equip identifiers referenced herein are trademarks of Equip and/or its affiliates and may be registered in certain jurisdictions.
2. BOOKING POLICIES AND USE OF THE EQUIPMENT
2.1 GENERAL T&C’s
The equipment can be obtained directly from Equip Station or members of the Equip staff if on-site.
Users have the right to order and use the equipment provided that they are of at least 16 years of age and have the approval of their legal guardian(s), have previously practiced SUP and are healthy enough to do it. The equipment is meant for personal use, and users are not allowed to hand over the equipment, a seasonal ticket, a user account, or access codes to third parties.
The equipment should be handled with care and in a manner that would provide the integrity of the equipment and its preservation in the original condition (the condition the equipment was in at the moment when it was handed over to the user).
The equipment is only meant for usage in places indicated on the map unless Equip has specified otherwise.
Users are allowed to use the equipment that has been borrowed via the Equip SUPStation only within the time period (hereinafter referred to as the period of use) ordered, after which the equipment should be returned to the SUPStation, from which it was initially obtained and the locker must be closed.
Users can pay for the equipment via the Equip mobile application (hereinafter referred to as the account), after logging in.
When registering, users undertake to provide true and relevant data about themselves, including registering their correct and full name and use a valid e-mail address, and if they change, users should also change them in their account. The user can only be logged in via a single mobile application at a time.
In order to get access to the Equip SUPStation with the equipment, the user must download Equip mobile application and register their phone number. If the phone of the user has been lost or stolen; the user undertakes to inform Equip about it immediately via e-mail so as to delete their account.
The equipment from the SUPStation can be used daily even on public holidays and weekends at an hourly rate or for the whole day if there is availability. The opening times of the SUPStation and availability of equipment can be checked via the mobile application.
The SUPStation can be closed for some short period or for good, with a short-term prior notice, due to bad weather conditions, maintenance or special events or other unforeseen circumstances and users will be notified where possible by email or phone and otherwise, the SUPStation will appear offline on the Mobile App.
Before using the equipment, the user undertakes to familiarize himself or herself with the guidelines provided by Equip and follow safety requirements and the water regulations. Users also undertake to observe all of the relevant signs and follow the requirements as well as provide the safety of one’s own life and health as well as the life and health of other people and the integrity of the equipment while using the equipment. Equip has the right to stop the usage of the equipment by the user and demand the return of the equipment without paying back the money if the user does not adhere to the requirements established by the General Terms and Conditions and, regardless of previous reprimands, poses a threat to the life and health of his or her own as well as to the life and health of other people and the integrity of the equipment.
Users undertake to inspect the equipment as well as all of its auxiliaries provided to them or obtained from the SUPStation before using the equipment. While checking the equipment, users must proceed from the checklist provided by Equip, which is available in the mobile application. Even though Equip inspects its equipment regularly and has beacons to detect air pressure, situations might arise when the equipment might have some faults that are not detectable by the SUPStation. The user undertakes to inform Equip immediately via the mobile application CHAT function if there have been faults detected in the equipment provided to the user and not to use the equipment in such a case.
Users must avoid leaving the equipment unattended. The equipment should not be left unattended during the period of its use, the user must store the equipment while not using it within the SUPStation. Equipment left in locations other than the SUPStation leaves the user at fault for theft or damage, the user carries full responsibility.
Upon the end of the period of use, the user must return the equipment in due time to the SUPStation. If the locker of the SUPStation is not closed properly or some equipment is not returned, the user shall be held liable for not returning the equipment in due time and for possible damage. The user must end the session once they are sure all equipment is safely within the SUPStation. The user must make sure that the door or the frame of the SUPStation is not damaged. The elements of the equipment must be placed into designated locations, in accordance with the instructions in the SUPStation. The beacons check the existence of the equipment in the SUPStation and alert the user in the app. The user sees a confirmation that all of the equipment has been returned accordingly in the mobile application or is notified if pieces are missing. Please spare some time in order to check whether the SUPStation detects all of the elements correctly before ending your session.
If the time of using the equipment exceeds the period of use, the user undertakes to pay for the exceeded time in accordance with the price list, which is available on Equip website and app (hereinafter referred to as the price list). The user is charged for the exceeded time by default by means of the user account. If there are no sufficient funds on the user account, the user must pay for the excess time within 5 calendar days to the bank account of Equip. If the user does not pay for the exceeded time in due time, Equip has the right to block the user account of the user and limit the usage of services until the relevant payment has been made. In case of repeated violations, Equip has the right to cancel the user account on a unilateral basis, after sending a warning, which shall also result in the cancellation of the seasonal ticket.
The user shall be held liable for not placing the equipment in the SUPStation in a correct manner, or for not closing the door appropriately, or if, because of the actions of the user, the equipment has been damaged, lost, or stolen. In the event of the occurrence of the situations listed above, the user undertakes to inform Equip about it immediately. In addition to that, in such a situation the user undertakes to cooperate with the police and/or the Equip team and carry out relevant actions, such as filing an official statement.
The equipment can be returned to the SUPStation at any time, including when the provision of the equipment for use has been suspended. Equally, the equipment can be brought back early before the allocated return time simply by using the force end session button.
2.2 PAYMENT METHODS
We accept payment by Visa, MasterCard, American Express, JCB, Discover, and Diners Club. COD orders or debit cards are not accepted.
The billing address you provide must match the billing address that is on file with the financial institution that issued the credit card. If a credit card authorization fails, we reserve the right to cancel your order without notifying you. We cannot resolve credit card problems with your financial institution if a credit card is declined. It is your responsibility, as a consumer, to settle credit card problems with the issuing institution.
2.3 ONLINE GIFT CARDS
We may offer online Gift Cards for sale. Any Gift Cards purchased on this website can only be used to buy products on the Equip Mobile App. They cannot be redeemed for cash, except as required by law. Gift cards cannot be reloaded.
If a Gift Card purchased on our website is lost or stolen, we will replace it with a Gift Card in the amount of the remaining balance, only if the purchaser’s Gift Card confirmation email and Gift Card # are provided to us as proof of purchase. To report your card as lost or stolen, contact Equip customer service at firstname.lastname@example.org. For additional Terms and Conditions, see the Gift Card purchase page or the Gift Card Confirmation email.
2.4 SALES TAX
Tax will be applied to your order in accordance with local, state and international laws and regulations. Some areas require tax to be assessed on shipping and handling charges.
2.5 REFUNDS, CREDITS AND BALANCES DUE
As soon as we confirm, receive and process your refund, we will notify you via email. Your credit card should be credited within 15 business days of the time that you receive this email. The return credit should be reflected on your statement within one or two billing periods, depending on your financial institution’s billing cycle.
2.6 TIMING OF BILLING
Credit Cards: Your credit card is authorized at checkout. If this authorization is not successful, you will be notified at checkout and you must use another card.
2.7 DAMAGED AND DEFECTIVE ITEMS
If you find that any of the equipment is defective or damaged on opening your locker, please notify Equip immediately via chat on the Mobile App.
2.8 LIMITS OF RESPONSIBILITY
We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of the product. If you damage any of the equipment while using it, please inform Equip immediately via chat on the Mobile App.
2.9 PRICE AND/OR DESCRIPTION CHANGES
All prices, pictures, and descriptions on this website are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 30 days regarding price or promotion discrepancies.
When you make a booking with us, you agree to the price and terms indicated on the mobile app. Price differences related to future or past prices in our store or any other store are not refundable.
2.10 ERRORS ON OUR SITE
Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered.
We reserve the right to revoke any stated offer, cancel orders, and correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.
If your payment has already been processed for the purchase when your order is cancelled, we will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
4. IDEA SUBMISSION POLICY
Equip wants to hear from you! We love feedback, and we want to encourage user participation in our creative processes, but we get a lot of submissions, so we have to lay down some rules. We have created this idea submission policy (the “Submission Policy”) with regard to the Website and the mobile app.
5. CHILDREN’S POLICIES
If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Equip all rights to utilize the copyright and image/likeness embodied therein.
- If you are under 16, we cannot lend you our equipment.
- If you are between 16 and 18 years old, you must get the permission of your legal guardian(s) before renting with Equip. Your legal guardian is responsible for you and the Equip equipment and you are borrowing on their behalf.
6. SUP DISCLAIMER
WARNING: SUP CAN BE A HAZARDOUS ACTIVITY. SNOWBOARDING USE OF THESE PRODUCTS MAY CAUSE SERIOUS INJURIES TO ANY AND ALL PARTS OF THE USER’S BODY, UP TO AND INCLUDING DEATH. THE USER SHOULD RECEIVE INSTRUCTION FROM A QUALIFIED SUP INSTRUCTOR BEFORE USING THIS EQUIPMENT. THESE PRODUCTS SHOULD BE USED BY MINORS ONLY WITH THE DIRECT SUPERVISION AND CONSENT OF THEIR PARENTS OR LEGAL GUARDIANS. NEITHER THE SELLER NOR THE MANUFACTURER SHALL BE LIABLE FOR ANY INJURY, LOSS, DAMAGES, DIRECT OR CONSEQUENTIAL, ARISING OUT OF THE USE OR INABILITY TO USE THESE PRODUCTS.