Founding Member Reservation Agreement

This KELP FIN Founding Member Reservation Agreement ("Reservation Agreement") is entered into between Kelp Play (Pty) Ltd ("Kelp Play", "we", "us", "our") and you, the Founding Member ("you", "your").

This Reservation Agreement sets out the specific terms and conditions for your reservation of a KELP FIN Founders Edition (either a Coastal Edition or Founding Member Edition). This Reservation Agreement is supplementary to and must be read in conjunction with the Kelp Play Standard Terms and Conditions and Privacy Policy, which are incorporated by reference and apply to this reservation and purchase.

To the extent of any conflict between this Reservation Agreement and the general Terms and Conditions, the terms of this Reservation Agreement shall prevail for KELP FIN Founding Member Reservations only.

1. What Your Reservation Secures

1.1 Your reservation and payment of the Reservation Deposit (as defined below) secures:

• One (1) individually numbered Founders Edition KELP FIN, either:
• One of up to 200 Founding Member Edition FINs (individually numbered 001 to 200); or
• One of up to 300 Coastal Edition FINs (individually numbered 01 to 50 per colour/design variant).
• Your place in the Kelp Play Founding Member community.
• Regular updates and communications throughout the production and delivery process.

1.2 Your specific FIN number will be allocated in the order your reservation is confirmed, beginning with 001 (Founding Member) or 01 (Coastal), and continuing sequentially. Once allocated, your FIN number is non-transferable and specific to you.

2. Reservation Phases and Payment Structure

2.1 Your reservation is structured in two phases:

• Phase 1 - Reservation Deposit: You pay ZAR 500 to secure your FIN reservation.
• Phase 2 - Full Payment: You pay the outstanding balance of ZAR 2,400 (total reservation price: ZAR 2,900) to confirm your commitment to purchase.

2.2 Reservation Deposit:

• The Reservation Deposit of ZAR 500 is due upon completion of your reservation and acceptance of this Reservation Agreement.
• Your Reservation Deposit secures your FIN number and your place in the Founding Member community.
• Payment will be processed via the payment methods displayed on the Kelp Play website and is subject to the Payment Terms in section 7 of the main Terms and Conditions.

2.3 Full Payment:

• The Full Payment balance of ZAR 2,400 becomes due and payable when Kelp Play provides written notice that production of the KELP FIN Founders Edition has been formally confirmed (see section 3 below).
• Payment must be made in full within 30 days of the Production Confirmation Notice to proceed with your FIN production and delivery.
• Failure to pay the Full Payment balance within 30 days of Production Confirmation Notice will result in cancellation of your reservation, forfeiture of your Reservation Deposit, and release of your FIN number to the waiting list.

3. Production Timeline and Production Confirmation

3.1 Design and Engineering Status:

• The KELP FIN design and engineering have been completed. The first prototype editions are currently in production.

3.2 Anticipated Production Timeline:

• Production of the Founding Member FINs is planned to commence once the Founding Member reservation phase is complete.
• Delivery is anticipated to begin from December 2026. This is an estimate only and is not a guarantee. The actual production timeline may be subject to change based on manufacturing, regulatory, or supply chain considerations.

3.3 Production Confirmation:

• Before production begins, Kelp Play will formally confirm that production is proceeding. "Production Confirmation" means that Kelp Play's Board of Directors and senior management have approved proceeding with manufacturing the Founding Member FINs, supplier contracts are in place, and production scheduling has been confirmed with the manufacturing partner.
• Kelp Play will provide written Production Confirmation Notice by email to the email address you provided when making your reservation.
• The Production Confirmation Notice will include the anticipated delivery timeline, production milestones, and instructions for making your Full Payment.

3.4 Anticipated Confirmation Date:

• Kelp Play anticipates providing Production Confirmation Notice by [INSERT DATE - suggest end Q1 2026]. This date is subject to change at Kelp Play's sole discretion based on reservation numbers, regulatory approvals, and manufacturing readiness.

4. Refund and Cancellation Policy

4.1 Refund Window 1: Before Production Confirmation

• Your Reservation Deposit is fully refundable without question or penalty if you request cancellation at any time before Kelp Play issues the Production Confirmation Notice (section 3.3).
• To request a refund during this period, contact support@kelpplay.com with the subject line "Reservation Cancellation Request" and your reservation reference number.
• Refunds will be processed within 10 business days of receipt of your cancellation request.
• Your FIN number will be released immediately and made available to other Founding Members.

4.2 After Production Confirmation and Full Payment

• Once you have received the Production Confirmation Notice and made your Full Payment, your reservation is binding and you are committed to purchasing your FIN.
• You may not cancel or request a refund of your Full Payment after it has been received by Kelp Play, except as provided in section 4.3 below.

4.3 Refund Window 2: Post-Delivery Grace Period

• Upon receipt of your KELP FIN, you will have a grace period of 10 calendar days from the date of delivery to inspect your FIN.
• If your FIN is defective, damaged, or does not meet the description provided, you may return it for a full refund of both your Reservation Deposit and Full Payment (total ZAR 2,900).
• Return Conditions:

• Your FIN must be in its original condition and original packaging.
• You must provide notice of your return within the 10-day grace period by emailing support@kelpplay.com.
• You are responsible for the cost of return shipping to Kelp Play's address (34 Kruger Drive, Craighall Park, South Africa).
• Kelp Play must receive your return within 14 days of your return notice.
• Once your returned FIN is inspected and confirmed to be in acceptable condition, your full refund will be processed within 10 business days.

• Normal wear, surface marks from use, or cosmetic imperfections do not qualify as "defective" and are not grounds for return.

4.4 Refund Window 3: If Kelp Play Cannot Proceed with Production

• If Kelp Play is unable to proceed with the production of the Founding Member FINs, you will receive a full refund of all amounts paid (both Reservation Deposit and Full Payment).
• Circumstances in which Kelp Play may be unable to proceed include, but are not limited to:

• Regulatory or legal barriers prevent manufacture or import of the KELP FIN into South Africa.
• A critical defect or safety issue is discovered in the design or prototypes that cannot be remedied.
• The manufacturing partner fails to deliver production samples or cannot meet production timelines by a material margin (more than 6 months).
• A force majeure event (as defined in section 8 of the main Terms and Conditions) prevents production or delivery.

• Kelp Play will provide written notice of its inability to proceed as soon as reasonably practicable and will process your refund within 20 business days of providing notice.

4.5 No Refunds for Change of Mind:

• Except as provided in sections 4.1, 4.3, and 4.4 above, refunds are not available for change of mind, change in circumstances, or because you choose not to proceed with your purchase after Full Payment.
• Once your FIN has been produced and is ready for delivery, it is your responsibility to take delivery. Refusal to take delivery does not entitle you to a refund.

5. Delivery

5.1 Delivery Address:

• Your KELP FIN will be delivered to the South African address you provided when making your reservation.
• You are responsible for ensuring the delivery address is correct and complete. Kelp Play is not liable for delivery failures due to incorrect or incomplete address information.

5.2 Delivery Method and Insurance:

• Your FIN will be securely packaged and delivered via a professional courier service.
• All FINs are insured during transit by Kelp Play. The insurance cost is included in your reservation price.

5.3 Delivery Timeline:

• Kelp Play will confirm the expected delivery date and tracking information at least 7 days before dispatch.
• Delivery is targeted for December 2026 onwards, but Kelp Play cannot guarantee specific delivery dates. Delays may occur due to manufacturing, regulatory approval, weather, or logistics issues.

5.4 Delivery Risk:

• Risk of loss or damage passes to you upon delivery to your address. Upon receipt, you assume all risk for the FIN. You are advised to inspect your FIN immediately upon receipt and report any damage or defects within the 10-day grace period (section 4.3).

6. Numbering and Allocation

6.1 Each KELP FIN Founders Edition will bear an individually engraved number.

6.2 Founding Member Edition FINs will be numbered 001 to 200.

6.3 Coastal Edition FINs will be numbered 01 to 50 per colour/design variant.

6.4 Numbers will be allocated in the strict order that reservations are confirmed and this Reservation Agreement is accepted by Kelp Play.

6.5 Your FIN number will be confirmed to you by email within 2 business days of payment of your Reservation Deposit.

6.6 Your FIN number is non-transferable and is specific to you. You may not transfer your reservation or FIN number to another party. Any attempted transfer is void.

6.7 Your FIN number will form part of the certificate of authenticity that accompanies your FIN upon delivery.

7. Communication and Updates

7.1 Kelp Play commits to keeping you informed throughout the KELP FIN production and delivery journey.

7.2 You will receive communications at every important milestone:

• Confirmation of your reservation and FIN number allocation (within 2 business days)
• Monthly progress updates (at minimum)
• Production Confirmation Notice (section 3.3)
• Notification when your FIN enters manufacturing
• Quality control and testing completion notice
• Dispatch notification with courier tracking details
• Post-delivery follow-up and support

7.3 All communications will be sent to the email address you provided when making your reservation. You are responsible for providing an accurate, current, and monitored email address. Kelp Play is not liable for failure to communicate due to incorrect or unmonitored email addresses.

7.4 You may also receive communications via SMS to the mobile number you provided. You consent to receiving SMS communications related to your reservation.

8. Your Representations and Warranties

8.1 By accepting this Reservation Agreement, you represent and warrant that:

• You are 18 years of age or older and have the legal capacity to enter into this binding agreement.
• You are entering into this Reservation Agreement for personal use and not for resale or commercial purposes.
• You have read and understood both this Reservation Agreement and the main Terms and Conditions.
• The information you provided when making your reservation (name, address, email, phone number) is accurate and complete.
• You have sufficient funds to pay both the Reservation Deposit and the anticipated Full Payment.

9. Intellectual Property and Use of Your Information

9.1 The KELP FIN design, technology, and branding are the intellectual property of Kelp Play and are protected by copyright and design laws.

9.2 Your use of the KELP FIN is personal and for your own use. You may not reverse-engineer, copy, or reproduce the KELP FIN or its design.

9.3 Kelp Play may use photographs of you with your FIN and testimonials about your experience for marketing and promotional purposes, with your prior written consent. You may withdraw this consent at any time by emailing support@kelpplay.com.

9.4 Your personal information will be handled in accordance with the Kelp Play Privacy Policy and POPIA.

10. Governing Law and Dispute Resolution

10.1 This Reservation Agreement is governed by the laws of the Republic of South Africa and is subject to the dispute resolution procedures set out in section 16 of the main Terms and Conditions.

10.2 If you have a dispute or complaint regarding your reservation, please contact support@kelpplay.com or follow the dispute resolution process outlined in the main Terms and Conditions.

10.3 You consent to the exclusive jurisdiction of the South African courts for any legal proceedings arising from this Reservation Agreement.

11. Acknowledgement and Acceptance

11.1 By making your Reservation Deposit payment, you acknowledge and agree that:

• You have read this Reservation Agreement in full and understand all its terms and conditions.
• You accept this Reservation Agreement unconditionally and it is binding on you.
• You have had the opportunity to ask questions and seek clarification. If you have not understood any part of this Reservation Agreement, you must contact support@kelpplay.com before paying the Reservation Deposit.

11.2 This Reservation Agreement, together with the Kelp Play Terms and Conditions and Privacy Policy, constitutes the entire agreement between you and Kelp Play regarding your KELP FIN Founding Member Reservation.

12. Contact Information

For questions or assistance regarding your reservation, please contact:

• Email: support@kelpplay.com
• Phone: 083 6457953
• Hours: Monday to Friday, 09:00 to 17:00 SAST
• Address: 34 Kruger Drive, Craighall Park, South Africa