Disclaimer
**Effective Date: July 27, 2025**
Foil Life Podcast, owned by Downwinder Watersports and a Canadian-based entity located at Pakenham, Ontario, operates www.foillifepodcast.com to provide podcast episodes, blog articles, gear reviews, event promotions (e.g., Ottawa wing foil demo days), and booking facilitation for instruction-only foiling camps and lessons (e.g., in locations like Maui, Tarifa, France, Hood River, Argentina, Germany). We act solely as a promotional and booking facilitator for third-party instruction-only foiling camps (the "Services") provided by independent schools, instructors, and operators (collectively, "Providers") worldwide. These Services are limited exclusively to foiling instruction, equipment provision (where applicable), and related safety measures during the instructional sessions. We do not facilitate, book, or handle any aspects of travel services, including but not limited to accommodations, transportation, or any bundled packages. Clients are responsible for arranging and paying for their own accommodations, transportation, visas, and any other travel-related elements directly with third-party providers (e.g., hotels, airlines) or as needed. We promote the Services, handle bookings for the instruction component only, collect payments specifically for the instruction fees from clients, and remit the Provider's share after deducting our fee or commission. Once payment for the instruction is processed and the booking is confirmed, the Provider assumes full responsibility for delivering the instructional Services.
The promotion of lodging for foilers and schools for foilers on our travel page is for advertising and promotional purposes only. We have been paid. In no way do we offer these services or make recommendations. Like Airbnb, we act as a platform connecting clients with third-party providers (e.g., foiling schools, camp operators) for instructional services only. We are not a Travel Retailer or Travel Wholesaler under the Travel Industry Act, 2002 (Ontario), as we do not sell, facilitate, or advise on travel services as defined therein. This Disclaimer outlines our limited role and liability. By using our site or services, you agree to these terms.
**Limitation of Liability and Risk Acknowledgment**
We are not responsible for the operation, quality, safety, or any other aspect of the Services provided by the Providers, nor for any travel-related arrangements made by clients, including any lodging or schools advertised on our travel page. Under no circumstances will Foil Life Podcast, Downwinder Watersports, its owners, employees, affiliates, sponsors, partners (e.g., ON Kiteboarding, Surf Foil World Tour), or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss, damage, injury, illness, death, delay, cancellation, or any other issue arising from or related to the Services, any client-arranged travel, or any advertised lodging or schools.
This includes:
- Negligent, willful, or reckless acts or omissions by the Providers, their employees, agents, or subcontractors during instruction.
- Inherent risks associated with foiling and adventure activities, such as water hazards, weather conditions, equipment failure, physical exertion, wildlife encounters, or participant errors.
- Force majeure events, including but not limited to natural disasters, pandemics, epidemics, wars, terrorism, strikes, government restrictions, or travel advisories.
- Any changes, cancellations, or disruptions due to Provider decisions, or issues related to client-arranged travel such as border closures or health regulations, or interactions with advertised lodging or schools.
By booking through us or engaging with our site, you acknowledge these risks and agree to participate at your own peril. You release and hold harmless Foil Life Podcast and Downwinder Watersports from all claims, demands, and liabilities related to the Services, any associated travel, or any advertised lodging or schools. We make no warranties or representations about the Providers, their Services, or suitability for any individual, including accessibility for persons with disabilities, nor about any lodging or schools advertised on our travel page.
- **General Content**: Podcast episodes, blog posts, gear reviews, and other content (e.g., interviews with Luc Moore, Surf Foil World Tour updates) are for entertainment/informational purposes only. They do not constitute professional advice on foiling, safety, or health. Consult experts before engaging in water sports. We are not liable for inaccuracies or reliance on content.
- **Camps and Lessons**: We act solely as a booking facilitator, handling reservations and payments for the instruction component only provided by third-party providers. We transmit booking information (e.g., name, contact details) to providers, who assume full responsibility for service delivery, safety, equipment, instruction, and all operations. Payments are processed via Stripe or PayPal; we do not store credit card information on our website. We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss, injury, illness, death, delay, or cancellation, arising from:
- Negligent, willful, or reckless acts/omissions by providers or their agents during instruction.
- Inherent risks of foiling (e.g., water hazards, weather, equipment failure, physical exertion).
- Force majeure events (e.g., pandemics, natural disasters, government restrictions).
- Provider-initiated changes or cancellations.
- Any payment processing issues (Stripe/PayPal handle disputes per their terms).
- Any issues related to client-arranged travel or advertised lodging/schools.
- **Events**: For events like Ottawa demo days, providers handle operations and safety. We are not liable for any issues arising.
**Provider Waivers and Responsibilities**
You must review, agree to, and sign (if required) the Provider’s own terms, conditions, liability waivers, and safety protocols directly with them prior to participation in camps, lessons, or events. These may include additional releases of liability. Failure to comply may result in denial of Services without refund from us. For lodging or schools advertised on our travel page, you must directly contact and contract with those third parties, who are responsible for their own terms and services.
**Insurance Recommendation**
We strongly recommend—and in some cases may require proof of—comprehensive travel insurance covering adventure sports, medical emergencies, evacuations, trip cancellations/interruptions, and personal liability. Such insurance should be obtained from a reputable insurer and must be in place before the trip start date. We are not responsible for any uninsured losses related to instruction, events, or client-arranged travel, including interactions with advertised lodging or schools.
**International and Travel Considerations**
As a Canadian-based facilitator for instruction-only camps (e.g., in locations like Maui, USA; Tarifa, Spain; or other international destinations), you are solely responsible for:
- Obtaining necessary visas, passports, vaccinations, and complying with all entry/exit requirements, health protocols, and travel advisories from relevant governments (e.g., Global Affairs Canada or foreign authorities).
- Arranging and paying for all accommodations, transportation, and any additional costs such as taxes, fees, currency exchange fluctuations, or customs duties, including those related to lodging or schools advertised on our travel page.
- Awareness that Services and advertised lodging/schools may be subject to the laws of the Provider’s or third-party’s jurisdiction, which may differ from Canadian laws.
We do not provide advice, bookings, or payments for these matters and are not liable for any issues arising from non-compliance or client-arranged travel, including interactions with advertised lodging or schools.
**Payments, Cancellations, and Refunds**
All payments are processed in USD and are limited to instruction fees only, subject to our and the Provider’s policies. Refunds, if any, follow the Provider’s terms after we remit their share. We are not liable for Provider-initiated changes or cancellations, nor for any issues with client-arranged travel or services from advertised lodging or schools. Payments for lodging or other services advertised on our travel page are handled directly by those third parties.
**Data Privacy**
We collect and process personal information in accordance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable privacy laws. By booking, you consent to sharing necessary data with Providers for Service delivery. For details, see our Privacy Policy at [insert link].
**Third-Party Links and Content**
Links to third-party sites (e.g., YouTube, sponsor pages, lodging, or schools advertised on our travel page) or embeds (e.g., Spotify) are provided for convenience. We are not responsible for their content or practices. User-generated content (e.g., voice messages) is not endorsed by us. The promotion of lodging for foilers and schools for foilers on our travel page is for advertising and promotional purposes only. We have been paid, and we do not offer these services or make recommendations.
**Intellectual Property**
All site content (e.g., episodes, blogs, gear reviews) is owned or licensed by us. Do not reproduce without permission.
**Governing Law and Disputes**
This Disclaimer is governed by the laws of Ontario, Canada, without regard to conflict of laws principles. Any disputes arising from bookings, use of our site, or this Disclaimer shall be resolved exclusively in the courts of Ontario, Canada. If any provision is found unenforceable, the remainder remains effective.
**General**
We reserve the right to refuse or cancel bookings at our discretion. This Disclaimer does not create a partnership or agency relationship with Providers or any lodging/schools advertised on our travel page. For age restrictions, health disclosures, or skill requirements, consult the Provider or advertised third party directly. We recommend consulting a healthcare professional before participating in adventure activities. This Disclaimer may be updated without notice; continued use of our services constitutes acceptance of any changes. For questions, contact us at info@foillifepodcast.com.
