No Obligations

Each reservation you submit for a boat acts as a deposit for a future purchase of the boat. You are under no obligation to purchase a boat from us, and we are under no obligation to supply you with a boat.

These terms do not constitute an agreement for the sale of a boat and do not lock in pricing, a firm production slot, a firm delivery date, or specific boat configuration. To complete the purchase of a boat, you will need to execute Flamingo’s standard final purchase agreement (“Final Sales Agreement”) which will include additional terms and conditions, including the final price sheet for the boat you ultimately select (“Your Selected Boat”). The final sales Agreement may be made with another Flamingo entity. Additional payment for your selected boat, including taxes and other governmental fees, will be required at that time.

We may decline reservations to avoid over-subscription or as we deem appropriate in our sole discretion. If your reservation is declined, you will be notified and your reservation payment will be refunded.

Reservation Eligibility

You must be at least 18 years of age and a resident of the United States to reserve a boat. By agreeing to these terms, you represent and warrant to us that you are at least 18 years of age and a resident of the United States. If you are reserving a boat on behalf of a company, organization or entity (an “Entity”) located in the United States, you represent and warrant that you have the authority to bind that entity to these terms and such entity agrees to be bound by these terms.

Registration

When placing a reservation for a boat, you represent and warrant that all information provided is accurate, and it is your responsibility to keep this information current at any time by emailing [email protected]. Flamingo shall not be liable for inaccurate or outdated information.

Payment

You will be charged the fee indicated (the “Reservation Fee”) when you place your reservation. Placing a reservation constitutes your express agreement to be charged the reservation Fee using your provided payment method. Your payment will be held by Flamingo in a separate account designated solely for reservations and released for application towards the final sales price of your selected boat when you execute the final sales agreement.

No Guarantee of Delivery Date

You are preordering a boat without specifying the model, features, and options. We will endeavor to produce your selected boat in the future and your priority will be set by the date of payment of your reservation fee, our manufacturing schedule, our delivery and service operations availability and execution of the final sales agreement. There is no guarantee as to delivery date based on your reservation.

Cancellation/Refund

You may cancel your Reservation and receive a full refund of your Reservation Fee at any time by sending an email to [email protected] from the address you used to make the preorder or an updated address you have added to your Flamingo account by contacting [email protected]. We will process your refund without undue delays. Flamingo promotional items, if any, received at the time of Reservation are yours to keep even after cancellation. Flamingo may cancel your Reservation at any time and will issue a full refund of your Reservation Fee to the address on file.

Boat Configuration and Battery Range

You understand that we may not have completed the development of the boat or begun manufacturing the boat at the time of your reservation and specifications are subject to change at any time. You understand battery range and other available features have not yet been determined and may change, even after features are announced. By agreeing to these terms, you represent and warrant to us that you understand that the boat configuration may change prior to execution of any final sales agreement.

Privacy Policy and Terms of Use

The data Flamingo and/or its affiliates collects from you or about your selected boat will be used in accordance with our “General Terms“, available on our website at flamingoelectric.com/legal/terms. Please read our Privacy Policy and General Terms carefully to understand the data that we collect and our practices regarding your information and how it will be treated. If you have questions regarding our Privacy Policy or General Terms, you should contact us by email at [email protected].

Force Majeure

The obligations of you and Flamingo under this Agreement (other than your payment obligations) will be suspended to the extent that such party is wholly or partially precluded from complying with its obligations under this Agreement by force majeure. Force majeure includes, but is not restricted to, fire, storm, flood, earthquake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, outbreak, epidemic, public health emergency, quarantine restriction, labor dispute, labor shortage, transportation embargo or failure, curtailment or delay in transportation, act of God, act (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond such party’s control.

Severability

If for any reason a court of competent jurisdiction finds any provision, or portion of this Agreement, to be unenforceable, the remainder of this Agreement shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.

Modification

This Agreement may not be modified, altered or amended unless expressly agreed to in writing signed by Flamingo.

No Waivers

The failure by Flamingo to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Flamingo.

Assignment

You may not assign your rights under these terms without our express prior consent. Flamingo may assign these terms or your reservation fee in our discretion without your consent. Any assignment in violation of this Agreement will be null and void.

No Resellers; Discontinuation; Cancellation; Non-Export

Flamingo and its affiliates may unilaterally cancel any order that we believe has been made with the intent to resell the boat or otherwise has been made in bad faith. Flamingo may also cancel your order if a boat, product, feature, or option is discontinued after you place your order.

The boat is intended for use only in the country where the boat is sold by Flamingo to you, and service will be limited or unavailable outside of that country. You agree that you will not directly or indirectly export, or assist or facilitate the export of, this vehicle to a country where the Unites States or Canada has imposed trade restrictions.

Limitation of Liability

No Consequential or Indirect Damages. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL FLAMINGO OR ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT A PROPOSED DEFENDANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Maximum Liability. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL FLAMINGO’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS YOU PAID TO FLAMINGO PURSUANT TO THIS AGREEMENT.

Agreement to Arbitrate

Please carefully read this provision, which applies to any dispute between you and Flamingo Electric, Inc. and its affiliates, (together “Flamingo”).

If you have a concern or dispute, please send a written notice describing it and your desired resolution to [email protected].

If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Flamingo will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.

AAA’s Consumer Arbitration Rules will govern the allocation of arbitration fees and costs between you and Rivian. However, if your arbitration case filing fee exceeds the filing fee you would pay to file the action in a court of law, Rivian will pay the amount of your case filing fee in excess of the filing fee you would pay in a court of law. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if s/he finds that applicable law allows such reimbursement because your claims were frivolous or brought in bad faith. You are responsible for your own attorneys’ fees unless applicable law provides otherwise.

The arbitrator may only resolve disputes between you and Flamingo, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing Flamingo Boats. In other words, you and Flamingo may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.

If you prefer, you may instead take an individual dispute to small claims court. You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Flamingo Electric, Inc.; 1234 10th Ave, Grafton, WI 53024. Stating your name, Boat Identification Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to
arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a sale or finance contract.

Governing Laws

This Agreement is governed by the laws of the State of Wisconsin, without regard to its conflict of laws provisions.

Term

This Agreement enters into force at the Effective Date and ends upon the earlier of (a) the execution of a Purchase Agreement or (b) the reimbursement of your Reservation Payment.

Entire Agreement

our reservation confirmation, these terms, our general terms, and our privacy policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. It shall supersede all prior and contemporaneous representations, warranties, agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. In the event of any conflict between these terms, our general terms and our privacy policy, these terms shall prevail.