Disclaimer / Waiver of Liability
Last updated: April 30, 2025
IMPORTANT: Surfing, paddleboarding, and related water sports can be dangerous activities that carry a risk of serious injury or even death. By purchasing and using equipment from eFoil, a business name registered by KAUZA LIMITED (Company Registration Number 555172), a company incorporated and registered in Ireland, with its registered address at 18 Mallow Street, Limerick, V94 N12Y, Ireland you (the “Buyer” or “User”) acknowledge these risks and agree to the following disclaimer and waiver of liability. This section does not override any legal rights you have (for example, it does not diminish your rights under consumer law for defective products), but it sets forth the extent of responsibility you assume in using the equipment and the limits of eFoil’s liability in relation to that use.
● Assumption of Inherent Risks: The Buyer understands and accepts that using surf equipment involves inherent hazards. These risks include, but are not limited to: drowning; collisions with objects (such as rocks, reefs, surfboards, boats) or other surfers; wipeouts and the impact of waves; injuries from fins or leashes; marine life encounters; and extreme weather or water conditions. The Buyer asserts that they (and/or any end-user of the equipment) are knowledgeable about the proper use of the equipment and the necessary safety precautions (such as the ability to swim, wearing appropriate gear like leashes and flotation devices, and checking conditions before entering the water). By using eFoil’s equipment, you voluntarily assume all risks associated with such use. You agree that you use the equipment at your own risk, and that you will not hold eFoil responsible for any harm arising from the inherent risks of surfing and water sports.
● No Liability for Post-Sale Use: Once our product has been sold and delivered to you, eFoil is not liable for any injuries, damages, or accidents that occur during its use, except where such liability cannot be excluded by law. This includes any harm to you, the user, or any third party. For example, if you injure yourself while surfing on an eFoil surfboard, or if you cause injury to another surfer or swimmer with the board, eFoil will not be responsible for those injuries or any resulting claims. Similarly, if property is damaged (e.g., you hit and damage someone’s boat with your surfboard), you assume full responsibility. The Buyer agrees to waive any and all claims against KAUZA LIMITED for losses or injuries relating to the use of the equipment. This waiver applies to any theory of liability, whether negligence, strict product liability (aside from manufacturing defects addressed under warranty), or other.
● Proper Use and Maintenance: The Buyer is responsible for using the equipment only for its intended purpose and in accordance with any guidelines or instructions provided. Surfboards should be used for surfing in appropriate conditions; do not use them as windsurf boards unless designed for that, etc. Always inspect your equipment before use for any signs of damage or wear that could lead to failure (for instance, cracks or delamination on a surfboard, or fraying of a leash). If you notice any damage, refrain from using the equipment until it has been repaired or deemed safe. Improper use, misuse, or failure to maintain the equipment (such as leaving a board in direct sunlight causing delamination, or using a board in excessively large surf beyond its design) increases the risk of accidents and releases eFoil from liability for any resulting harm.
● No Supervision or Instruction by eFoil: eFoil does not supervise your activities, provide training, or assess your skill level in using the equipment. We strongly recommend that inexperienced users seek qualified instruction (e.g., take surfing lessons) before using surf equipment in open water. However, any instruction or lesson you partake in is not provided by eFoil (as we do not offer lessons). If you choose to partake in surfing lessons or to rent out your equipment to others, those activities are independent of eFoil and under your or the third party’s sole responsibility. eFoil makes no warranties or representations regarding the skill or qualifications of any third-party instructors or the safety of any surf lessons (even if we advertise or facilitate contact). The Buyer agrees that eFoil shall not be liable for any injury, loss, or damage that occurs during any lesson, training session, or rental use involving our equipment, even if arranged through information on our site.
● Indemnification of eFoil: To the extent permitted by law, you agree to indemnify and hold harmless KAUZA LIMITED, its owners, employees, and agents from any claims, actions, damages, or expenses (including reasonable legal fees) that arise from your use of the equipment or that of any other person you allow to use the equipment. For example, if a third party files a lawsuit against eFoil because of an incident involving the equipment in your possession, you agree to indemnify eFoil for its defence and any judgement, except to the extent the incident was caused by a defect in the product that we are responsible for. (This indemnification clause is not intended to reduce any mandatory consumer rights and will not apply in cases of eFoil’s own negligence or willful misconduct that is proven to be the primary cause of harm.)
● No Rental or Lesson Services by eFoil: For absolute clarity, eFoil does not rent out equipment or offer guided surfing sessions. Any programme or service that might seem affiliated (for instance, an “eFoil demo day” at a beach or a promotion with a surf school) will be accompanied by its own disclaimer and terms by the organisers. There is no contractual relationship between eFoil and you for any activity other than the sale of equipment. Therefore, eFoil disclaims all liability for any incidents arising from events or services that we do not directly operate.
● Product Safety and Defects: This disclaimer is not intended to excuse eFoil from providing a safe product. Our equipment should be free from manufacturing defects and fit for surfing; we stand by our quality under the warranty and return policies outlined above. If an accident or injury is directly caused by a product defect (e.g. a leash that snaps under normal use due to a hidden manufacturing flaw, leading to injury), then our normal warranty/liability for defective products applies and this disclaimer does not override those rights. However, if the product is sound and the injury stems from the nature of the sport or misuse, this waiver stands. In short, we are responsible for the product quality, but you are responsible for how you use it.
● Safety Recommendations (Not exhaustive): We urge all users to follow standard water safety guidelines: never surf alone in remote areas; use a leash at all times; wear appropriate safety gear (such as a helmet or impact vest if conditions warrant, and sunscreen for UV protection); be aware of and respect your limits and local surf conditions; and follow any local regulations or surf etiquette. Children or minors should only use equipment under adult supervision. These recommendations are for your benefit but do not constitute an exhaustive safety training – ultimately, you must exercise your own judgement and caution.
By purchasing or using eFoil’s equipment, you acknowledge that you have read and understood the above Disclaimer/Waiver of Liability, and that you agree to release KAUZA LIMITED from any claims to the fullest extent permitted by law. If you do not agree with these terms, do not use the equipment and consider returning it (if eligible under our return policy).
This waiver is given in addition to, and does not limit, any other releases or disclaimers elsewhere provided (such as in the Terms and Conditions). It is intended to be as broad and inclusive as permitted by the laws of Ireland and any other applicable jurisdiction. If any portion of this disclaimer is held invalid, the remainder shall continue in full force and effect.
Remember: Surf responsibly, respect the ocean, and enjoy the ride. Your safety is in your hands.