Terms and Conditions

Privacy policy

References to "our", "us" or "we" within this policy is to "Tandem Experti".

This policy governs the collection and use of personal information by us. For more information about us please see: https://www.tandemexperti.com/.

We are committed to protecting and respecting your privacy. This policy explains the types of personal information we collect, how we use that personal information, who we share it with, how we protect that information, and your legal rights in relation to your personal information. We are committed to abiding by this policy, as well as the requirements of applicable laws, in the operation of our business.

Please read the following carefully as it explains our views and practices regarding your personal information, and how it is handled. By accessing or browsing our website, you confirm that you have read, understood and agree to this policy in its entirety. If you do not agree with the practices described in this policy, you should not use our website.

INFORMATION COVERED BY THIS POLICY

This policy covers all personal information collected and used by us. In this policy, “personal data” or “personal information” means information that (either in isolation or in combination with other information held by us) enables you to be identified as an individual or recognized directly or indirectly. This may include your full name, date of birth, nationality, gender, postal address, ID numbers, email address, phone number, and technical information from the devices you use to access our website.

WHAT INFORMATION DO WE COLLECT FROM YOU?

We may collect information about you from different sources as detailed below.

INFORMATION YOU GIVE US

You may give us information about yourself when you respond to a communication from us or by filling in forms (both online and offline), over the telephone and through written correspondence with us.

The information you give us may include your name, postal address, email address, date of birth, landline and/or mobile telephone number, as well as other personal information.

INFORMATION WE COLLECT ABOUT YOU

When you visit our website, we may use cookies and other technologies to automatically collect the following information:

• technical information, including the Internet Protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, device identifier, location and time zone setting, browser plug-in types and versions, operating system and platform, page response times, and download errors;

• information about your visit, including the full Uniform Resource Locators (URL) clickstreams to, on and from our websites;

• length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers) and methods used to browse away from the page.

INFORMATION WE RECEIVE AND COLLECT FROM OTHER SOURCES

We may receive information about you from other websites operated by us or from the other services that we provide. We may also collect information about you from publicly available sources, including publicly available content on social media.

COOKIES

Our website uses cookies and similar technology. A cookie is a small file of letters and numbers that our website places on your computer, or other equipment which you use to access our website. These cookies allow us to distinguish you from other users of our website.

You can read more about cookies and how to recognize them at www.aboutcookies.org.

Cookies perform many functions, such as allowing you to navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They can also help to ensure that advertising that you see online is more relevant to you and your interests.

Your use of our website indicates your consent to the cookies described in this policy. Please see “How you can control cookies” below for more information on how to withdraw your consent at any time.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

HOW YOU CAN CONTROL COOKIES

Your web browser includes an option that allows you to refuse the setting of all or some cookies. However, if you do so, you may not be able to access parts of our website and it may make your browsing experience less enjoyable. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as described above when you access our website. If you would like to delete any cookies on your computer, please refer to your browser manufacturer’s instructions by clicking ‘help’ in your browser menu.

HOW WE USE YOUR PERSONAL INFORMATION

WHERE WE STORE YOUR PERSONAL INFORMATION

The personal information that we collect from you will be stored on our server, although it could be transferred to any Company our group is in cooperation with, regardless of geographic location, in the process of our business operations. We will take all steps that are reasonably necessary to ensure that your personal information is treated securely and in accordance with this policy and applicable data protection laws.

SECURITY OF PERSONAL INFORMATION

All information you provide to us via our website is stored on our secure servers.

We have taken steps to safeguard the integrity of our communications and computing infrastructure, which includes implementing authentication, monitoring, auditing, and encryption technology. Security measures have been integrated into the design, implementation, and day-to-day operations of this website as part of our continuing commitment to the security of electronic content and the electronic transmission of information. Despite our best efforts unfortunately the transmission of information via the internet is not completely secure. Although we have strict procedures and security measures in place, we cannot guarantee the security of your data transmitted to our site.

THIRD PARTY WEBSITES AND APPS

Our websites may contain links to and from third party websites. Please note that if you follow a link to any of these websites, these websites will have their own terms of use and privacy policies and that we do not accept any responsibility of liability for these policies. Please check these policies before you submit any personal data to these websites.

YOUR RIGHTS

You have the following rights with respect to the personal information that we hold about you.

YOUR RIGHT TO ACCESS THE INFORMATION WE HOLD ABOUT YOU

You can request access to the information we hold about you by contacting us using the contact details set out below. Our file of your information will usually be made available to you within 30 days, although occasionally we may not be able to give you access to the personal information we hold about you (for example, we may not be able to give you access if it would unreasonably affect someone else’s privacy or if giving you access poses a serious threat to someone’s life, health or safety). Please note that we may apply an administrative charge for providing access to your information in certain circumstances. Any such charge will be reasonable, and we will advise you of the charge and obtain your consent before providing you with access to your personal information. Please note that if you request a copy of your data using electronic means (such as email), then we will provide a copy of your information in electronic form unless you ask us to do otherwise.

YOUR RIGHT TO OBJECT TO US PROCESSING YOUR PERSONAL INFORMATION

You have the right to object to us processing your personal information, even where that processing is necessary for our legitimate interests (for example, where the processing is necessary for the legitimate commercial objectives we pursue in the course of our business). You also have the right to object to any results of a processing activity that prejudice your rights and that are conducted exclusively through automated systems.

You also have the right to ask us to stop processing your personal information for direct marketing purposes, including any profiling we undertake for the purposes of direct marketing. We will in any case only send you marketing communications if you have previously agreed to this, but if you change your mind you can easily unsubscribe from our marketing communications at any time by following the instructions included in these marketing communications.

Please note that, if you have consented to receive offers from our partners, our partners are responsible for taking account of your rights, including your right to opt-out of receiving offers from them.

YOUR RIGHT TO HAVE YOUR PERSONAL INFORMATION TRANSMITTED TO ANOTHER ORGANISATION

Where we hold personal information about you with your consent or for the performance of a contract with you, you also have the right to ask us to provide you with the personal information we hold about you in a structured, commonly used and machine-readable format and, where technically feasible, to transmit that personal information to another organization.

Making a complaint

You have the right to lodge a complaint with a local data protection authority if you believe that we have not complied with applicable data protection laws.

The local data protection authority will differ depending on the country you are in.

CONTACTING US

If you have any questions or concerns about how we treat your personal information, you wish to ask us to stop processing your personal information, or you would like to request a copy of the personal information we hold about you, please contact us, and please include your reply address when you write to us.

HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

Your personal information is stored by us and/or our Service Providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the information is collected, in accordance with applicable data protection laws. When we no longer need to use your information, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which we are subject).

CHANGES TO THIS POLICY

We may update this policy from time to time in response to changing legal, regulatory or operational requirements. Any changes will be updated on our website. Your continued use of our website and/or services after any such updates take effect will constitute acceptance of those changes.

Experti, Obrt., Tandem Experti

LIABILITY RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE

THIS IS AN IMPORTANT AGREEMENT, PLEASE READ IT CAREFULLY BEFORE ACCEPTING IT.

Tandem Skydiving is an inherently dangerous activity that can cause permanent injury or death, even when done properly, cautiously, and safely.

TANDEM REQUIREMENTS

• Name: The name you fill in this waiver document should be the same as the name written on your official ID.
• Age: Must be 16* years of age or older on the day of your skydive. A medical clearance certificate is required for anyone 70 years of age or older. A parent or legal guardian must be present and provide consent for anyone under the age of 18.
• Weight Limits: Female: 90.0 kilograms or less. Above 85 kilograms, BMI limit of 27.5 applies.
• Male: 100.0 kilograms or less. Above 95 kilograms, a BMI limit of 30.0 applies.
• Participants may not be under the influence of Drugs or Alcohol.

In consideration for my, my child or my legal guardianship’s permission to participate in tandem skydiving and/or related activities (hereinafter collectively referred to as the “activities covered by this Release”) conducted by Sentient Skies LTD, Go Jump Kenya and/or any of their affiliates,

RELEASEES

This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, “Release”), made voluntarily by me, the undersigned Releasor, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian, if Releasor is under 18 years of age).

I fully acknowledge the dangers and risks of which I may be exposed to by participating in activities covered by this release. With full understanding of those risks, I hereby grant my consent to participate in tandem skydiving and sign this consent form of my own free will.

In consenting to my participation in tandem skydiving and/or any related activities (including, but not limited to, ground instruction, flying and related activities, skydiving, freefall, free-flying, tandem jumping, relative work, CRW hereinafter collectively referred to as the “activities covered by this Release”) conducted by Experti, Obrt., Tandem Experti and/or all of its affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively “Releasees”), in consideration of the mutual promises, covenants, and agreements contained herein, (the receipt, mutuality, and sufficiency of which is hereby acknowledged), and for other good and valuable consideration, I acknowledge and agree to the following terms:

1. ENROLLMENT: Releasees agree to accept the Releasor for enrolment in the Skydiving activities at its instructional facilities in Vipingo Beach Club.

2. PROGRAM OF INSTRUCTION: Releasees agrees to provide a program of instruction that will prepare the Releasor to make his/her first parachute jump from an aircraft in flight. Such instruction will include, but not limited to: aircraft familiarization and safety; parachute equipment familiarization; aircraft exit and stabilized freefall technique; activation of the main canopy and the reserve canopy; control of the parachute canopy; landing techniques; various emergency and safety procedures.

3. THE PARACHUTE JUMP: Releasees will provide equipment, aircraft and supervisory personnel for the Releasor’s initial parachute jump.

4. WARRANTIES: Releasees represents warrants that all instruction shall be under the supervision of a qualified personnel in accordance with the United States Parachute Association guidelines.

5. CONTINUATION OF OBLIGATIONS: The Releasor agrees and acknowledges that the terms contained herein shall continue in full force and effect for the first parachute jump and all subsequent jumps conducted by Releasees; the Releasor agrees that all obligations herein shall be binding upon his/her heirs, assigns, guardians, and all representatives of his/her estate.

Refund Policy

Please note that deposits are non-refundable. Rainchecks will be issued for all situations resulting in no skydiving. Rainchecks are non-refundable, non-transferable and are good for one year from date of issue.

Medical Statement

I recognize that the sport of skydiving is a strenuous, athletic activity that requires me to be in good physical condition. I hereby represent and warrant that I have no physical infirmity, chronic ailment, or injury of any nature and am not under treatment for a physical infirmity or chronic ailment of any nature and have never been treated for any of the following: cardiac/pulmonary conditions or disease; high or low blood pressure; fainting spells, seizures or convulsions; nervous system disorder; dislocated shoulder or joint; artificial joints; kidney or related diseases; shortness of breath, hearing loss or impairment. I am not taking any medication of any kind. I have not taken any alcoholic beverages or drugs within the last 12 (twelve) hours. I have not been scuba diving within the last 24 (twenty-four) hours. I confirm that I am physically fit and capable of undertaking the activities covered by this Release. I agree to abide by the decision of Releasees’s official or agent regarding my approval to participate in Tandem skydiving activities.

Coronavirus and Skydiving

As skydiving is a contact sport, please understand that in addition to all the precautions and safety measures Sentient Skies LTD, Go Jump Kenya has taken and will continue to take, by skydiving with us you assume all responsibility to the risk of exposure to COVID19. Sentient Skies LTD, Go Jump Kenya and all its associated and relevant entities cannot guarantee your protection. If you do not accept the risk, despite all the safety measures we have taken and will continue to take, then you should not participate in any skydiving activities. Please DO NOT visit our location if you are feeling unwell. Anyone who has a continuous cough will be asked to leave.

Assumption of Risk.

In consideration of being permitted to utilize the equipment and facilities of Releasees and to engage in parachuting activities I hereby agree as follows:

It is agreed by and between the parties that "skydiving" is inherently dangerous and may result in injury or death. It is further agreed between the parties that the unforeseen may happen and that it is not possible for any person or entity to delineate all the risks or possibilities of `error that can occur while engaging in "skydiving".

I voluntarily, freely, and expressly choose to incur all risks associated with the activities including all risks during Tandem Skydiving and I fully understand that those risks may include bodily and personal injury, damage to property, disfigurement or death.

Release of Liability.

I hereby RELEASE, AND DISCHARGE releasees from any Liability, claims, demands, or causes of action that I may hereafter have for injuries or damages arising out of my participation in Tandem Skydiving, even if caused by NEGLIGENCE, either active or passive, or other faults of releasees.

PARTIES RELEASED FROM LIABILITY: It is my understanding and intent that this agreement shall release and discharge ANY and ALL liability of:

• Anđelo Vuletić, Marko Premužić, Maja Pađen, Filip Ivanić
• Experti, Obrt., Tandem Experti, https://www.tandemexperti.com/
• The owner of the aircraft, whoever that may be
• Uninsured United Parachute Technologies, LLC (Manufacturer of Tandem parachute System)
• Firebird GMBH (Manufacturer of Tandem parachute System)
• The United States Parachute Association
• Airport Lučko, Airport Varaždin or any other register or not register place where we conduct operation.
• CCAA - croatian civil aviation agency
• HZS - Hrvatski Zrakoplovni Savez
• The owner on record of any land utilized for skydiving
• All vendors and/or suppliers of materials or equipment for skydiving, including, but not limited to, the manufacturer of the equipment, its officers, directors, shareholders, and all associated entities, including officers, directors, shareholders, partners, employees, and all other persons in any way associated with any entity mentioned in the body of this document.
• Any other party or entity mentioned in the body of this document by name or by category.
• Anyone involved in any manner with skydiving including, but not limited to, your instructor(s) & videographer(s).
• Manufacturers, designers, and suppliers of component equipment incorporated in the dual-harness, dual-container parachute pack assembly to which I will be attached during my intentional parachute jump;
• Owners, suppliers, and operators of aircraft from which I am to make my intentional parachute jump;
• The owner of the dual-harness, dual-container parachute pack assembly, and any of its components, to which I will be attached during my intentional parachute jump;
• The operator ("parachutist in command") of the dual harness, dual-container parachute pack assembly to which I will be attached during my intentional parachute jump;
• If I am making my intentional parachute jump at or near a parachuting/skydiving facility, the owners and operators of that facility, as well as their officers, directors, agents, servants, employees, shareholders, and other representatives;
• The owners and lessees, if any, of land upon and from which the parachute jumping and related aircraft operations are conducted; and
• All other skydiving referral service business entities, and/or owners of entities which I may have used in locating and/or deciding upon a parachuting/skydiving facility or other location at which to perform an intentional parachute jump.
• Any other person and/or organization which is or may be liable for any loss or injury to me and or my property, or my death, arising out of my participation in any of the activities covered by this Waiver (as defined below);

For each corporation named herein, this release specifically includes the corporations directors, officers, shareholders, agents, representatives, servants, employees, pilots, jumpmasters, owners of the aircraft, volunteers, parachute riggers and packers and associated entities.

It is my specific intent to release from any and all liability and claims, demands, causes, of action that I may have at any time whatsoever for any and all injuries and/or damages of any nature against any person and/or entity herein named arising from my participation in any parachuting activity.

All parties enumerated in this paragraph shall hereinafter be collectively referred to in this agreement, release of liability & assumption of risk as "released parties".

Agreement Not to Sue.

I agree never, at any time now or in the future, to institute any lawsuit or cause of action against Releasees or anyone else claiming on my behalf, or initiate or to assist in the prosecution of any claim for damages in respect of injury to person or property, or my death, or any other loss or damage, howsoever occasioned arising from the said activities, whether caused by the act, omission, negligence or fault, active or passive, direct or indirect or from any other cause.

Applicable Law/Waiver of Trial/Venue Headings.

I agree that this Release shall be subject to the laws of Kenya and the Laws shall apply to issues involving the construction, interpretation, and validity of the Release, and that the Laws shall govern any dispute arising from or related to this Release or the activities covered by this Release. Should this Release be violated and suit be brought against any of the Releasees, I hereby waive my right to a trial. The headings used throughout this Release are for convenience only and have no significance in the interpretation of the body of Release.

Waiver Of Rights.

I understand that by signing this Release, I am giving up important legal rights, and it is my intent to do so and I do so of my own free will and with full acknowledgement of, and agreement to, the terms and conditions in this Release.

Training.

I understand that prior to participating in Tandem Skydiving, I shall receive a safety briefing to prepare me for my Tandem Skydive. I warrant the thoroughness and completeness of any training and/or briefing I receive by voluntarily participating in Tandem Skydiving.

Photo & Video Release.

For valuable consideration received, I hereby grant Releasees and its legal representatives and assigns (hereinafter collectively referred to as the "Photographer"), the irrevocable and unrestricted right to use and publish photographs and video images of me, or in which I may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium and in any jurisdiction, to alter the same without restriction, and to copyright the same. This includes any and all uses that the Photographer deems are necessary or desirable. I agree that any images purchased by me from the Photographer are for personal use only and may not be used for commercial gain, and that I may request commercial licensing information from Releasees by contacting appointed Releasee’s personnel if I wish to use any images for that purpose. I hereby release the Photographer from all claims and liability relating to any photographs or video images of me.

Cancellations & Postponements.

Releasees reserves the right to cancel a jump or refuse a student or skydiver from performing a skydive for any reason.

Limitation of Warranty

Releasees hereby warrants that the equipment provided has been previously used for "skydiving". This warranty is the ONLY warrant made by "Releasees and is made in lieu of any other warranties (expressed or implied), including, but not limited to, warranty of merchantability or fitness for a particular purpose.

Insurance Availability.

Releasees are not in themselves insurance agents and are not licensed to provide any advice or provide any insurance services. Medical insurance, passenger liability insurance, accident insurance or any other kind of personal or general liability insurance coverage are not available in respect of the activities covered by this Release or in respect of any of the services offered by any of the Releasees.

Releasees advise that all individuals participating in Skydiving hold their own insurance policy with an insurance provider. I therefore accept that I must assume full responsibility for the risk associated with Skydiving and related activities and I also therefore agree to legally absolve the Releasees from any and all liability.

WITHOUT LIMITATION, I ACKNOWLEDGE AND AGREE THAT I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST THE RELEASEES. IF ANY ATTEMPT FOR CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY THE RELEASEES.

THIS IS A RELEASE OF YOUR RIGHTS. READ CAREFULLY AND UNDERSTAND BEFORE ACCEPTING IT