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TERMS AND CONDITIONS

These Terms and Conditions form a part of the Membership Packet executed by the Member, and all references herein to the Membership Packet and its associated documents shall be deemed to include these Terms and Conditions. In addition, all travel and other services arranged by Jet Agency on behalf of or at the request of the Member shall be subject to, and governed by, the Membership Packet. All travel and other services arranged by Jet Agency on behalf of or at the request of the Member shall also be subject to, and governed by, the Membership Agreement between Jet Agency and the Member. The Membership Agreement is incorporated by reference in its entirety into these Terms and Conditions and deemed a part hereof.

1. Acknowledgment

The Member acknowledges that no person or entity has made any promise, representation, or warranty whatsoever, express or implied, not contained herein or in the Membership Packet concerning the subject matter hereof, to induce them to become a Member. The Member further acknowledges that they have not become a Member or otherwise entered into the Customer Agreement in reliance on any such promise, representation, or warranty not contained herein or in the Membership Packet, and further acknowledges that there are no other agreements or understandings between the parties hereto that are not contained herein and in the Membership Packet.

2. Engagement

The Member hereby engages Jet Agency to act on its behalf as a broker to arrange for air charter services from one or more third-party air carriers certificated by the Federal Aviation Administration (FAA) under Part 119 of the Federal Aviation Regulations (FAR), conducting on-demand air charter operations under Part 135 of the FAR (the “Charter Operator”). The Member acknowledges and agrees that, for all services rendered by Jet Agency under this Agreement, Jet Agency is an Air Charter Broker acting as an Indirect Air Carrier to arrange flights on behalf of its clients. Further, the Member understands, acknowledges, and agrees that Jet Agency is not a certificated air carrier and does not hold itself out as an air carrier.

3. Billable Hours

The Base Billable Hours for any legs that depart from and arrive at airports within the Primary Service Area of the 48 contiguous states, shall be as follows: 1.5 hours on Light and Midsize aircraft, 2 hours on Super Midsize aircraft, and 3 hours on Heavy aircraft.

If the Billable Hours for a Trip exceed the remaining balance of hours in the Member Account, the Member shall, prior to the initial Leg of the Trip, either (i) purchase an additional 15-hour Membership to cover the “Overage Hours,” or (ii) pay the difference between the value of the remaining Member Hours (fixed aircraft rate multiplied by the remaining hours on account) and the current Charter rate.

Final Billable Hours are based upon the last estimated flight time provided on the Member’s final itinerary, which will be sent approximately 24 hours prior to departure. In the event the Member receives a complimentary upgrade, the final Billable Flight Time will be based upon the final estimated flight time of the aircraft category booked.

4. Payment for Travel Services

The Member authorizes Jet Agency and its affiliates to automatically charge the Member’s credit card on file for any and all fees and charges related to, or in connection with, each Jet Agency travel and client service requested by the Member. Alternatively, the Member may opt to pay via wire transfer for these services. Payment instructions for wire transfers will be provided upon request.

5. Credit Card

The Member will be responsible for, and will be invoiced for, other charges that may occur, such as catering orders, ground transportation arrangements, and possible de-icing fees in the event of inclement weather. The Member may choose to pay such invoices as they arise using the Member’s credit card. Please note that any invoices paid via credit card will be subject to a 5% surcharge. Surcharges can be avoided by paying these invoices via wire transfer.

6. Reservations

All requests for service are subject to confirmation from Jet Agency and acceptance by the Charter Operator. Upon receipt of a flight request and acceptance by Jet Agency, the Member will be delivered a confirmation (“Charter Confirmation”) by email from Jet Agency, including a confirmation number, and specifying the date(s) and departure time(s) of travel, flight segments arranged at the Member’s request, aircraft type, and other requests specified by the Member when requesting the flight.

Upon Jet Agency’s receipt of the flight request from the Member, the Confirmation, including these Terms and Conditions, becomes a legal, binding, and enforceable contract. The Confirmation will be category-specific. Should circumstances require the use of a different aircraft type, the cost of the requested flight(s) may change. In the event that the aircraft requires unforeseen mechanical maintenance prior to departure, Jet Agency reserves the right to provide a replacement aircraft within four hours following the scheduled departure time. The Member shall be advised of any such changes as soon as that information becomes known to Jet Agency.

7. Hangar and De-Icing Charges

If the Operator determines, in its sole discretion, that it is prudent to use an aircraft hangar to avoid de-icing charges and/or inclement weather, the Member will pay the actual cost of such hangar charges or rental. In the event the pilot-in-command of the aircraft determines that aircraft de-icing is appropriate before a flight, including a positioning flight to the Member’s selected departure location, the Member shall be responsible for the cost of such de-icing. If the Member refuses to accept financial responsibility for all de-icing charges, the flight(s) will be deemed canceled by the Member and will be subject to a cancellation fee of 100%.

8. High-Density Traffic Airports (HDA)

All high-density traffic airports are defined as airports with the highest demand for arrivals and departures in a given period. These airports incur elevated fees and charges. Any airport designated as a high-density airport by Jet Agency will have a $1,000 high-density airport fee added to each leg arriving at or departing from these airports.

9. FBO Selection

All fixed base operators (FBOs) will be selected by the Charter Operator and/or Jet Agency and listed on the Flight Confirmation. The Member will be responsible for any fees associated with requesting a different FBO.

10. Catering and Ground Transportation

The Member agrees that any catering and ground transportation requested by the Member and arranged by Jet Agency shall not be subject to an administrative fee. Cancellations will be subject to a cancellation fee of 100%.

11. Special Event Fee

For flights in and out of special events, there may be an additional fee due to high demand and limited ramp space. Examples of special events include the Kentucky Derby, the Masters, the Super Bowl, and similar events. Any such fees will be billed at cost.

12. Cancellation Charges

  • Flights are fully cancelable as long as the cancellation is made more than 72 hours prior to the scheduled departure date. No cancellation charges or fees will apply for flights canceled more than 72 hours in advance.

  • Flights canceled within 72 hours of the scheduled departure date may be subject to cancellation charges up to 100% of the flight cost. The amount of the cancellation charge, if any, will be at Jet Agency’s discretion and will be based on various factors, including, but not limited to, the cancellation charges assessed by the air carrier and any non-refundable fees incurred.

  • Miscellaneous Cancellations: Members are also subject to a 100% cancellation fee as set forth in paragraphs 9 through 14, inclusive.

13. No Show Policy and Member Delays

A Member no-show will be charged the full amount of the Billed Hours. If the Member is one (1) hour late for a scheduled departure and has not notified Jet Agency of the delay, the Member will be considered a no-show, and the Charter Operator may elect to depart. The flight(s) will be deemed to have been canceled by the Member, and neither Jet Agency nor the Charter Operator will have any further responsibility or liability to the Member.

If the Member notifies Jet Agency in advance that the Member’s arrival will be delayed, but that the Member will arrive within one (1) hour after the originally scheduled departure, Jet Agency and/or the Charter Operator will make commercially reasonable efforts to delay the departure, and such rescheduled departure time will become the new scheduled departure time.

The Member understands, acknowledges, and agrees that a delay in departure may not be possible due to factors such as legally required crew duty time limitations and aircraft scheduling. The Member shall be responsible for any additional charges required to return the aircraft to its originally scheduled itinerary and shall also be responsible for any charges for any substitute aircraft requested by the Member.

As a result of either a no-show or Member delay, the Member may be responsible for additional crew travel or overtime charges, as well as aircraft waiting time charges of $500 per hour (or fraction thereof) that the aircraft remains on standby awaiting the Member’s arrival.

14. Baggage

Neither Jet Agency nor the Charter Operator is responsible for shipping excess or rejected baggage. If the Member tenders baggage that cannot be properly stored in the aircraft’s designated baggage area or that exceeds the allowable baggage weight, Jet Agency will take commercially reasonable steps to assist the Member in shipping such items at the Member’s sole expense. In the event the Member rejects the scheduled aircraft because of baggage capacity, the Member will be deemed to have canceled the flight(s) and will be subject to a cancellation fee of 100%.

15. Documentation and Security

All passenger information, including full legal names and birth dates, must be provided to Jet Agency at least 24 hours before departure for domestic flights and at least 72 hours before departure for international flights. A valid government-issued ID is required for any passenger over 18 years of age.

In the event any Member-supplied security information or travel documentation is erroneous or invalid, the Member is solely responsible for any governmental fines or penalties. The Member acknowledges and agrees that any discrepancy in passenger information or documentation may cause departure delays or flight cancellations, which are the sole responsibility of the Member.

If any passenger under the age of 18 is traveling with only one parent or legal guardian, the other parent or legal guardian must submit to Jet Agency, at least 72 hours before departure, a notarized statement authorizing the travel and releasing Jet Agency and the air carrier from any liability.

Failure of the Member to provide passenger information as required, or any failure of a passenger to present to the crew a valid government-issued ID or any required travel documentation, shall be considered a cancellation of the flight(s) by the Member and subject to a 100% cancellation fee.

16. Pets

Pets may accompany Members on Jet Agency flights. Jet Agency must be informed of the number and size of the pet(s) when requesting a flight. Any animal over 60 pounds is considered a passenger. The Member also agrees to be liable for any cleaning costs incurred or any aircraft damage caused by the pet.

17. Weapons

Jet Agency must be notified at the time of booking if weapons are to be carried on a charter flight. For domestic flights and flights to Canada, certain firearms are permitted onboard as long as they are transported in accordance with the applicable regulations of the United States Transportation Security Administration (TSA) and/or Transport Canada (TC).

Failure to provide Jet Agency with the required advance notice of the carriage of weapons may result in a flight cancellation and subject the Member to a cancellation fee of 100%. The carriage of undeclared weapons may result in fines or penalties levied by the TSA and/or TC. The Member agrees to indemnify and hold harmless Jet Agency and any Charter Operator for any such fines or penalties.

18. Hazardous Materials

The air carriers used by Jet Agency are generally not approved to transport dangerous goods or hazardous materials (e.g., explosives, munitions, flammable articles, illegal drugs), with the exception of certain allowed items. A list of such allowed items is available from Jet Agency upon request. No baggage or goods will be carried when, in the judgment of the pilot-in-command, such goods or baggage:

  • Might endanger the aircraft, persons, or property;

  • Might be likely to be damaged by air carriage;

  • Are unsuitably packaged for transport;

  • Are improperly or inadequately labeled; or

  • The carriage of such goods or baggage might violate the regulations of any country, state, or region flown into, out of, or over.

Failure to notify Jet Agency of any proposed transportation of hazardous materials may result in flight cancellation and subject the Member to a 100% cancellation fee.

19. Safety of Operation

The Member hereby acknowledges and agrees that the Charter Operator(s) and/or their pilots will be solely responsible for all decisions regarding safety determinations with respect to the commencement, operation, and termination of flights.

The Member shall indemnify and hold Jet Agency, and its members, employees, attorneys, consultants, agents, and/or affiliates, harmless against any and all damages, losses, liabilities, suits, actions, demands, causes of action, and proceedings, together with expenses related thereto, sustained by the Member as a result of or arising out of the actions of third-party air charter carriers, including Jet Agency’s vendors, agents, associates, assigns, and employees, with regard to the safety of charter air travel for the Member.

20. Acknowledgment of Responsibility for Operations

The Member acknowledges and agrees that Jet Agency is acting solely as a broker, that Jet Agency is not an air carrier, and that Jet Agency is not operating the on-demand air carrier flights in question.

The Member authorizes Jet Agency to arrange for on-demand air carrier flight(s) as requested by the Member. The Member understands and agrees that the on-demand air carriers providing air transportation to the Member have sole responsibility, liability, and control over all aspects of the aircraft charter services being provided, including, without limitation, aircraft availability and pricing; the commencement, continuation, and termination of on-demand flights; the operation, regulation, condition, and safety of the flight; and all matters related to passengers, baggage, cargo, and other people and events associated with the Member’s air travel, such as crew performance and catering services.

The Member agrees to timely provide Jet Agency with any information required by the Charter Operator, including, without limitation, the names and passport information of all prospective passengers. In the event the Flight Confirmation or itinerary includes one or more destinations outside the United States, the Member shall be solely responsible for obtaining any required travel documentation for all passengers, including, without limitation, valid passports and visas.

21. Damage or Excessive Wear

The Member agrees to be solely responsible for, and to indemnify Jet Agency against, any costs resulting from damage to or excessive wear of an aircraft as a result of the actions of the Member, the Member’s passengers, or Member/passenger baggage, ordinary wear and tear excluded. Such costs may include the cost of loss of use of the aircraft while repairs are made.

22. Smoking

Smoking or vaping is not permitted on any charter flights without prior written approval from Jet Agency. If smoking is approved, the Member will be responsible for the cost of any additional cleaning fees for the aircraft.

23. Force Majeure

Jet Agency will not be deemed to be in breach of its obligations hereunder, nor liable for any delay, cancellation, or damage arising, in whole or in part, from any act of God, acts of nature, acts of civil or military authority, strike or labor dispute, crew rest requirements, mechanical failure, lack of essential supplies or parts, or any cause beyond the direct control of Jet Agency or the Charter Operator.

24. Regulations

This Agreement is subject to all applicable rules, regulations, approvals, and certifications of the FAA and the Department of Transportation (DOT), which now or hereafter may be imposed or required.

25. Damages

  • Neither the air carriers Jet Agency selects and/or associates with on behalf of the Member, nor Jet Agency itself, shall have liability or responsibility for delay, cancellation, or failure to furnish any service to be provided when such failure is caused by mechanical difficulty, weather conditions, airport time slots, acts of God, war, civil commotion, strikes or labor disputes, government regulation, law, rule, or authority, or any causes beyond their reasonable respective control.

  • The Member assumes all liability and responsibility for safety, schedule, baggage, cargo, business and personal activities, and financial ramifications, if any, associated with the Member’s air reservations and travel arranged by Jet Agency and performed by third-party air charter carriers.

  • The Member and its agents, guests, passengers, or any employees, if applicable, shall not engage in or possess any substance or allow any cargo to contain any substance that may result in the seizure, forfeiture, or unsafe operation of the aircraft used in the charter contracted by the Member through Jet Agency. Any damages, including, without limitation, fines, penalties, or forfeitures incurred by or imposed upon Jet Agency and/or its third-party air charter carriers as a result of the Member engaging in prohibited acts shall be borne by the Member.

  • Jet Agency makes no representations or warranties of any kind, either express or implied, including, without limitation, implied warranties of fitness for a particular purpose, merchantability, or otherwise, as to any matter related in any manner to its services.

  • If the Member’s itinerary involves an ultimate destination or stop in a country other than the country of departure, the Warsaw and Montreal Conventions may be applicable, and such Convention(s) govern and, in most cases, limit liability for death or personal injury and for loss of or damage to baggage.

  • The Member shall indemnify and hold harmless Jet Agency, its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors, and assigns (the “Indemnified Parties”) from and against any and all liabilities, losses, damages, penalties, costs, and expenses on account of any claim, suit, action, demand, proceeding, or anything of a similar nature made or brought against any of the Indemnified Parties as a result of the services performed hereunder on the Member’s behalf.

  • The Member agrees that in no event will any of the Indemnified Parties be liable to the Member and/or any third party, regardless of the form of action, for any lost profits or lost opportunities, or any indirect, special, consequential, incidental, or punitive damages whatsoever, even if Jet Agency has been advised of the possibility of such damages.

  • The Member agrees that the aggregate liability of all of the Indemnified Parties, taken as a whole, arising out of any kind of legal claim (whether arising from negligence, breach of contract, indemnity, tort, or otherwise) in any way connected to the Member’s use of Jet Agency’s services will not exceed ten percent of the amount paid by the Member for the flight or flights in question.

  • None of the Indemnified Parties will have any tort, contract, or other liability to the Member and/or any third party for any losses, including but not limited to ordinary or direct damages, arising in connection with the Member’s use of any third-party services arranged or otherwise procured hereunder, or the adequacy, timeliness, completeness, reliability, performance, or continued availability of any such services.

  • The Member will indemnify and hold harmless each of the Indemnified Parties against any loss, damage, or expense incurred by any of them by reason of any action or omission of the Member, its employees, representatives, agents, and/or guests. The Member agrees to pay for any damage to the charter aircraft caused by the Member, and/or the Member’s employees, representatives, agents, and guests, as well as for any pets or other living creatures brought onto any such aircraft.

This Agreement is subject to all applicable rules, regulations, approvals, and certifications in effect from time to time, including, but not limited to, those promulgated by the Federal Aviation Administration, which now or hereafter may be imposed.

26. Lack of Representations and Warranties

Neither Jet Agency nor any of its officers, directors, employees, agents, representatives, or affiliates makes any representations or warranties of any kind, either express or implied, regarding:

  • Any air carrier or other third party providing services arranged by Jet Agency pursuant to this Agreement; or

  • Any aircraft used or operated by any such air carrier.

Each of Jet Agency and its officers, directors, employees, agents, representatives, and affiliates hereby disclaims all other representations and warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or those arising out of the course of dealing, course of performance, or usage in trade.

27. Governing Law

The Membership Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to the conflict of laws principles thereof.

28. Consent to Jurisdiction

Any action or other proceeding arising directly, indirectly, or otherwise in connection with, out of, related to, or from the Membership Agreement, any breach thereof, or any transaction covered thereby, shall be resolved, whether by arbitration or otherwise, within the State of Florida.

Accordingly, the Member consents and submits to the personal jurisdiction of the federal and state courts, and any applicable arbitral body, located within the State of Florida. Any such action or proceeding brought by either party to enforce any right, assert any claim, or obtain any relief whatsoever in connection with the Membership Agreement shall be brought exclusively in the federal or state courts, or, if appropriate, before any applicable arbitral body, located within the State of Florida.

The Member hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection which the Member may now or hereafter have to the laying of the venue of any such proceeding brought in such a court or arbitral body and any claim that such proceeding has been brought in an inconvenient forum.

The Member will indemnify Jet Agency and each of its officers, directors, employees, agents, and affiliates against, and hold each of them harmless from, any liabilities, losses, claims, costs, damages, penalties, fines, obligations, or expenses of any kind whatsoever (including, without limitation, reasonable attorneys’, accountants’, consultants’, or experts’ fees and disbursements) that may be imposed on, incurred by, or asserted against any of them, or that may otherwise arise out of acts performed or omitted in connection with the provisions of these Standard Terms and Conditions or the Membership Packet, as the same may be amended, modified, or supplemented from time to time in accordance herewith or therewith by Jet Agency, its officers, directors, employees, agents, and/or affiliates, except for any liability or expense directly arising out of the gross negligence or willful misconduct of Jet Agency.

29. Optional Arbitration

Notwithstanding anything contained in the Membership Agreement, the Membership Packet, or herein to the contrary, Jet Agency may, in its sole discretion, elect to submit any claims, controversies, and/or disputes of any nature whatsoever arising out of or related in any way to these Standard Terms and Conditions, the Membership Packet, or any breach or alleged breach hereof or thereof, whether initiated by Jet Agency or the Member, to binding arbitration in the State of Florida, and the Member agrees to be irrevocably bound by any such election made by Jet Agency.

The arbitration shall be conducted before one arbitrator pursuant to the commercial arbitration rules then in effect of the American Arbitration Association, applying the laws of the State of California. Any award rendered in the arbitration shall be final and binding, and judgment may be entered on it in any court having jurisdiction to do so.

30. Entire Agreement

The Membership Agreement, including the schedules, exhibits, and attachments thereto, together with these Terms and Conditions and the Membership Agreement incorporated by reference herein, collectively contain the entire agreement of the parties with respect to the Member’s membership and supersede all existing and all other communications (oral, written, or in any other form) between the Member and Jet Agency (and its officers, directors, employees, representatives, agents, and affiliates) concerning this subject matter.

The Member acknowledges that he or she has not been induced to enter into the Membership Agreement by any representation or warranty made by or on behalf of Jet Agency that is not set forth in such Agreement. Notices hereunder shall be deemed to have been given as of the date so delivered, e-mailed, faxed, or mailed.

31. Partial Invalidity

If any provision of the Membership Packet (or any portion thereof) is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of such agreements will not in any way be affected or impaired thereby and shall be carried out as if such invalid provision were not contained therein.

32. No Waiver

No provision of, or right, power, or privilege under the Membership Packet shall be deemed to have been waived by any act, delay, omission, or acquiescence on the part of any party or its agents or employees, but only by an instrument in writing signed by an authorized representative of such party.

No waiver by any party of any breach or default of any provision of the Membership Packet by the other party shall be effective as to any other breach or default.

33. Assignment

Without the prior written consent of Jet Agency, the Member shall not assign, delegate, or transfer the Membership Agreement or any of the Member’s rights, duties, obligations, or interests thereunder, nor shall any right of the Member to any benefit or payment thereunder be subject to any manner of alienation or assignment. Jet Agency may assign, delegate, or transfer this Agreement and all of its rights and obligations under the Membership Packet to any business entity controlled by Jet Agency, or to any business entity that, by merger, consolidation, or otherwise, acquires all or substantially all of the assets or business of Jet Agency, or to which Jet Agency transfers all or substantially all of its assets or business. Upon such assignment, delegation, or transfer, any such business entity shall be deemed to be substituted for all purposes for Jet Agency hereunder.

34. Headings

The headings in these Terms and Conditions are intended for convenience of reference only and shall not affect their interpretation.

35. Notices

Notices to the Member shall be made to the last known address on the records of Jet Agency or to any other address Jet Agency reasonably believes to be a current or proper address. Notices to Jet Agency shall be made to its then-current Florida office, to the attention of the Managing Members of Jet Genius Florida Holdings Inc.