PARAMOTOR SA (PTY) LTD t/a APEX ADVENTURES
TERMS AND CONDITIONS OF TRAINING AND WEBSITE USE
Last updated: July 2026

1. Introduction and Acceptance
These Terms and Conditions ("Terms") apply to the use of the Apex Adventures website, mobile site and mobile application (collectively, the "Website"), and to all flight training and related services provided by Paramotor SA (Pty) Ltd, trading as Apex Adventures ("Apex", "we", "us"). By using the Website, booking training, or making payment for any service, you confirm that you have read, understood and accept these Terms. If you do not agree to these Terms, you must not use the Website or engage our services.
We may update these Terms from time to time to remain aligned with applicable South African legislation, including the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Protection of Personal Information Act 4 of 2013 ("POPIA"), the Labour Relations Act 66 of 1995 ("LRA"), the Basic Conditions of Employment Act 75 of 1997 ("BCEA"), and applicable South African Civil Aviation Authority ("SACAA") regulations. Material changes will be published on the Website with an updated date, and, where legally required, notified to affected users in advance.

2. Regulatory Status
Paramotor SA (Pty) Ltd is a Declared Training Organisation ("DTO") registered with and approved by the South African Civil Aviation Authority, DTO reference number DTO00012. Training is conducted in accordance with our SACAA-approved Manual of Procedures ("MOP") and applicable Civil Aviation Regulations and Technical Standards.
Nothing in these Terms limits or overrides any obligation Apex has under its SACAA DTO approval, its MOP, or applicable civil aviation legislation. Where any provision of these Terms is inconsistent with a mandatory requirement of SACAA regulation, the SACAA requirement prevails.

3. Nature of the Training Relationship — Instructors
3.1 Flight training is delivered by individual instructors authorised to instruct under Apex's SACAA DTO approval. Each instructor renders training services as an independent contractor, in their own private capacity, and not as an employee, agent (save as expressly stated), or worker of Paramotor SA (Pty) Ltd.
3.2 Accordingly:
each instructor invoices and receives payment for training directly, in their own name and for their own account;
each instructor exercises independent professional judgment and control over how training is conducted, subject only to the SACAA-approved MOP and applicable regulations;
instructors provide their own instructional expertise and are not subject to the degree of control, integration, or economic dependence that characterises an employment relationship under the LRA or BCEA;
3.3 This clause reflects the factual and contractual nature of the relationship. It is recorded for clarity and does not, by itself, determine legal status if a competent authority or court applies the statutory tests under the LRA or BCEA to the actual working relationship.
3.4 To the extent Apex publishes or facilitates any employment-related advertising (for example, for administrative or ground staff), such advertising will not state a preference or requirement based on race, colour, religion, sex, national origin, age, disability, or any other ground prohibited under the Employment Equity Act 55 of 1998.

4. Cancellation and Refund Policy
4.1 Written cancellation to Paramotor SA (Pty) Ltd within the first 14 days of enrolment will receive a 100% refund, or a pro-rata refund, unless training has commenced with the relevant instructor in their private capacity, subject to the deductions below.
4.2 Where a course has started, the following will be deducted from any refund:
Services rendered, at a rate of R890/hour;
Damage to or use of equipment, wings, motors, helmets or radios;
Materials supplied, such as books and clothing;
SAHPA student fees, if paid.
4.3 Cancellations after the first 14 days are not refundable, and the standard six-month terms apply:
4.4 Course fees and duration are valid for six months from date of payment, unless otherwise agreed in writing with Paramotor SA (Pty) Ltd ("PSA").
4.5 Any extension must be requested in writing during the initial six-month contract period (for example, due to work commitments or medical reasons) and will be assessed on application.
4.6 As a student pilot, you are required to pass a Level 5 aviation medical. If the medical is not approved, PSA may, in writing, seek a second opinion from a SACAA-approved aviation medical examiner (at the student's cost). In that case, you will be refunded the portion of training not yet received.
4.7 The training contract ends automatically six months from the date of initial payment. No refund or extension will be given after this date unless arranged in writing and approved by PSA within the original six-month period.

5. Lesson Cancellation Policy
5.1 You must notify Paramotor SA by phone or WhatsApp by 5pm on the day before your scheduled lesson if you need to cancel or reschedule, so the slot can be offered to another student pilot.
5.2 A missed lesson without timeous notice will incur a fee of R890.00/hour (average training sessions run 1–2 hours).
5.3 Instruction charges start at the scheduled lesson time, including for late or tardy attendance. Apex Adventures — Terms and Conditions
5.4 Questions about this policy can be directed to us at any time for clarification.

6. Important Notice Under the Consumer Protection Act
To the extent the CPA applies to these Terms, we draw your attention to the following:
6.1 Limitation of liability and risk. Clauses 3, 7, 8, 9, 10, 12 and 13 limit or exclude obligations, liabilities and legal responsibilities that Apex and others may otherwise have to you, and limit your remedies against us. Please read them carefully.
6.2 Assumption of risk by you. Paramotor flying and paramotor flight training is an aviation activity that carries inherent risk of injury or death. By enrolling, you acknowledge and accept these risks as set out in clause 7.
6.3 Indemnity. Clause 9 requires you to indemnify Apex, its officers, and its instructors against claims, loss, damage and harm arising from the events described there.
6.4 Nothing in these Terms limits or excludes any right or protection you have under the CPA, the ECTA, or any other law to the extent such limitation or exclusion is not permitted by law.

7. Assumption of Risk
7.1 Paramotor and powered paragliding activities involve inherent risks, including but not limited to risk of serious injury, death, and damage to property, arising from weather, mechanical failure, terrain, and human error.
7.2 By enrolling in training or using Apex's services, you acknowledge that you understand and voluntarily accept these risks, and that no representation has been made to you that the activity is risk-free.
7.3 This assumption of risk does not exclude liability for gross negligence or wilful misconduct on the part of Apex or its instructors, to the extent such exclusion is not permitted by the CPA or other applicable law.

8. Limitation of Liability
To the fullest extent permitted by law, and subject to clause 6.4 and clause 7.3, Apex, its officers, directors, employees, and independent contractor instructors will not be liable for any indirect, special or consequential loss arising from your use of the Website or participation in training, except where such liability cannot lawfully be excluded.

9. Indemnity
Subject to clause 6.4, you agree to indemnify and hold harmless Paramotor SA (Pty) Ltd, its officers, employees, agents and instructors against claims, losses, liabilities and costs (including reasonable legal costs) arising from your breach of these Terms, your negligent or unlawful conduct, or your use of equipment, to the extent permitted by law and subject to the Prescription Act 68 of 1969.

10. Website Use and Content Apex Adventures — Terms and Conditions
10.1 The Website provides information about our training, products, gallery and contact details. You may not use automated tools to scrape, mine, or extract data from the Website without our written permission.
10.2 All content on the Website — text, images, logos and video — is owned by or licensed to Apex and protected by South African copyright and intellectual property law. You may not reproduce, distribute or create derivative works from it without our prior written consent.
10.3 If you submit content to us (for example, reviews, photos, or testimonials), you retain ownership but grant Apex a non-exclusive licence to display it in connection with our business and marketing, which you may withdraw by written request at any time.

11. Privacy Policy (POPIA Compliance)
This section forms part of these Terms and governs how we process your personal information under POPIA.
11.1 Information Officer. Paramotor SA (Pty) Ltd's registered Information Officer is Daniel Johannes, who is responsible for POPIA compliance and can be contacted at info@apexadventures.co.za.
11.2 What we collect. Name, contact details, ID/passport number, emergency contact information, medical fitness information relevant to your Level 5 medical, payment information, and website usage data (via cookies).
11.3 Lawful basis and purpose. We process your personal information only where necessary to: perform the training contract with you; comply with SACAA and aviation medical requirements; comply with legal obligations; protect legitimate interests such as safety and fraud prevention; or where you have given consent (for example, for marketing).
11.4 Special personal information. Medical fitness information is "special personal information" under POPIA section 26. We process it only to the extent necessary to verify your Level 5 medical status and aviation fitness, and with your explicit consent.
11.5 Direct marketing. We will only send you direct marketing communications if you have opted in, and you may opt out at any time using the unsubscribe method provided or by contacting us directly, in line with POPIA section 69.
11.6 Sharing and cross-border transfer. We may share your information with SACAA, aviation medical examiners, and service providers (such as payment processors) strictly for the purposes above. Where any recipient is located outside South Africa, we will only transfer your information where the recipient is subject to laws, binding agreements, or safeguards providing an adequate level of protection, in line with POPIA section 72.
11.7 Retention. We retain personal information only for as long as necessary to fulfil the purposes above or as required by SACAA record-keeping obligations, after which it is securely deleted or de-identified.
11.8 Security. We apply reasonable technical and organisational measures to protect your information, but no transmission over the internet can be guaranteed completely secure.
11.9 Your rights. You have the right to access, correct, or request deletion of your personal information, to object to processing, to withdraw consent, and to lodge a complaint with the Apex Adventures — Terms and Conditions
Information Regulator (South Africa) if you believe your information has been processed unlawfully. Contact details for the Information Regulator are published on its official website.
11.10 Cookies. The Website uses cookies to improve functionality. You can control cookies through your browser settings; disabling them may limit some Website features.

12. General
12.1 These Terms are governed by the laws of the Republic of South Africa, and disputes fall under the jurisdiction of South African courts, without prejudice to any right you have to alternative dispute resolution under the CPA.
12.2 If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.
12.3 Our failure to enforce any provision is not a waiver of our right to do so later.
12.4 These Terms, together with any signed training agreement, constitute the entire agreement between you and Paramotor SA (Pty) Ltd regarding training services.

13. Contact
Paramotor SA (Pty) Ltd t/a Apex Adventures
Tel: 061-719-2430 / 079-128-1234
Email: team@apexadventures.co.za