Shuttle Membership Agreement

Transcription

1 Shuttle Membership Agreement Trend Aviation, LLC. FlyTrendAviation.com Membership with Trend Aviation, LLC. ("Trend Aviation") is subject to the terms and conditions contained in this Membership Agreement, the membership application or other written correspondence regarding the pricing and terms of membership (the "Application"), Trend Aviation's Contract of Carriage, and such additional rules, terms and conditions as are presented on FlyTrendAviation.com website or any ticket or ticket-less travel authorization (collectively, the "Agreement"). By initiating a membership (the "Membership"), the person or entity initiating the Membership (the "Member") agrees to the following: 1. Term of Agreement (a) Monthly Membership Term - The initial term of the Membership and each Listed Member's membership on monthly membership plans is one hundred eighty (180) days from the first day that Listed Members are permitted to begin flying on Trend Aviation flights ("Service Commencement Date"), or such longer period specified in the Application (the "Initial Term"). The monthly membership will automatically renew for additional one hundred eighty (180) day term, or such longer period specified in the Application (each, a "Renewal Term"), and will continue thereafter until cancelled as provided herein. 2. Membership Benefits and Responsibilities (a) Membership Benefits - The Membership type and flight pass benefits are as specified in the Application. Each individual listed for membership and flight benefits under the Membership is referred to herein as a "Listed Member." Each Listed Member is entitled to the flight benefits that pertain to the Listed Member's membership type under the Membership. Trend Aviation has the right to add, modify, or eliminate any membership benefits, including scheduled flights, destinations, routes and other related benefits or services at any time with or without notice, in its reasonable business discretion. Trend Aviation is not liable for any membership refunds or costs incurred by the Listed Member or Member resulting from any such modification or cancellation. (b) Addition and Removal of Listed Members - During the Initial Term and any Renewal Term, defined below, Trend Aviation may from time to time provide Member with the right to add additional Listed Members to the Membership, at pricing and terms to be mutually agreed upon by the parties. Memberships may not be transferred from an existing Listed Member to any other individual. Removal of an individual Listed Member requires at least thirty (30) days advance notice in writing.

2 (c) Upgrades and Downgrades Member may upgrade or downgrade the Membership by changing flight pass tier levels as long as Member remains an active Trend Aviation member. All downgrades require at least thirty (30) days advance notice in writing. (d) Responsibility for Listed Members and Guests - Member will ensure that its Listed Members and guests comply with Member's obligations under the Agreement. Member will be responsible for any charges incurred by the Listed Members and guests, including Third Party Fees, as defined below, and charges for damage to Trend Aviation or other property caused by the Listed Members and guests. (e) Community Guidelines Listed Members and guests will comply with all Trend Aviation community guidelines, such as procedures for flight pass reservations, wait list, guest flights, baggage, and flight cancellation policies and penalties. Member agrees that Trend Aviation may, in its discretion, change these guidelines and procedures at any time. 3. Guest Flights (a) Guest Flight Benefits - Trend Aviation may provide Member with guest flights for a fee or as a membership benefit, allowing an individual other than a Listed Member to travel under the Membership on a limited basis. Any such guest flights are subject to the terms and conditions of this Agreement, Trend Aviation Contract of Carriage, and any other limitations or regulations published by Trend Aviation in conjunction with the guest flights. Trend Aviation reserves the right to refuse service to any guest at any time, in its sole discretion. (b) Guest Flight Restrictions All guest flights, whether purchased by Member or issued in any other manner by Trend Aviation, are valid for one (1) month after the date of issuance. Guest flights may be used on any Trend Aviation flight, depending on seat availability. All guest flights are subject to community guidelines, including the standard cancellation and penalty policies. Member will incur the standard penalty for late cancellation of Member s guest flights. In addition, the guest flight will become invalid. Guest flights may be used for one-way or roundtrip travel, but they cannot be split between multiple guests or into two separate one-way reservations for the same guest. Guest flights may not be used to supplement travel for Member or any Listed Member. 4. Third Party Products and Services (a) Third Party Benefits - Trend Aviation may offer benefits provided by a third party partner ( Third Party ) to members. Third Parties include, but are not limited to: all airport facilities, car rental agencies, ground transportation providers, and parking locations. These benefits may change or end during Member s term of membership, and Trend Aviation makes no guarantees of these benefits. (b) Third Party Fees - Trend Aviation may occasionally promote or offer for sale to Member or any Listed Member goods or services provided by a Third Party. All fees for Third Party products or services purchased by Member or a Listed Member ("Third Party Fees") are the responsibility of the Member. (c) Third Party Policies and Liability - Member and Listed Members are responsible and liable for verifying and abiding by all Third Party rules and policies. Third Parties are neither agents

3 nor employees of Trend Aviation or its affiliates. Member agrees that Trend Aviation and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Third Party or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. This includes all liability for damage to Member s vehicles while parked in any parking lot or otherwise in the care of Third Parties. 5. Membership Fees and Billing (a) Billing - Trend Aviation will automatically bill Member using the billing information provided by Member for all amounts due, including Initiation and Membership Fees and any Third Party Fees, unless paid for in another fashion. Fees will be billed and are due on the effective date of this Membership Agreement, which may precede the Service Commencement Date. The Membership Fee for any Renewal Term will be charged and are due on the first day of such Renewal Term. (b) Suspension of Membership - Trend Aviation reserves the right to suspend the Membership and Member s benefits in the event of any problem associated with the billing information, including out of date credit card information. At the time of suspension, Trend Aviation shall specify a specific amount of time for Member to correct the problem. (c) Monthly Membership Fee - Except during the Initial Term, Trend Aviation may change the Membership Fees for monthly memberships at any time, and will notify Member of such change at least thirty (30) days prior to the application of such change. 6. Cancellation of Membership (a) Cancellation of Membership - A Member on an membership plan may cancel the Membership by providing notice to Trend Aviation at least thirty (30) days prior to the desired cancellation date. At the end of the thirty (30) days following notice of cancellation, Member agrees to immediately pay Trend Aviation a cancellation fee equal to fifty (50) percent of the amount Member would have paid for the remainder of a the membership, based on the level of service existing in the month prior to the notice of cancellation. Member agrees that this cancellation fee represents the actual loss to Trend Aviation's business and is not a penalty. Notice of cancellation must be provided to Trend Aviation in writing and sent to the contact information provided at the end of this document. Member will remain responsible for all amounts that come due prior to the effective date of the cancellation. (b) Cancellation or Suspension by Trend Aviation - Trend Aviation reserves the right to cancel or suspend the Membership, including the membership of any Listed Member, upon notice to Member at Trend Aviation's sole discretion and for any reason, including Trend Aviation's belief that Member's or the Listed Member's continued use of such membership would violate any provisions of the Agreement or applicable law. If Trend Aviation suspends the Membership or the membership of a Listed Member other than for Member's or Listed Member's breach of the Agreement, Trend Aviation will refund a pro rata portion of the dues paid for that Membership or membership.

4 7. Miscellaneous (a) Accuracy of Information - Member represents that all information provided in the Application is true, accurate, current and complete. Member further agrees that it will notify Trend Aviation of any substantive changes to Member's and Listed Members name, contact, payment, or other applicable information by contacting Trend Aviation via the contact information provided herein, or through other means provided by Trend Aviation for such purposes. (b) Legal Authority - The person entering into this Agreement represents that such person is of legal age to form a binding contract, is not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and will only use the membership for legitimate purposes. If the person entering this Agreement is doing so on behalf of a legal entity, such person represents that she or he has the legal authority to bind the legal entity to this Agreement. (c) No Sales or Transfers - Member acknowledges and agrees that it may not trade, sell or otherwise transfer its Membership to any other party, except with the prior written consent of Trend Aviation. This consent may be withheld in Trend Aviation's absolute discretion. Member and Listed Members may not receive payment from any other individual to appear, remain, or be added to the Membership as a Listed Member, or otherwise sell memberships or guest flights under its Membership. (d) Background Checks - Member agrees and consents to Trend Aviation performing periodic background checks on each Listed Member and guest at any time during the term of this Agreement. Member acknowledges and agrees that in so doing, Trend Aviation may require that Listed Members and guests provide additional information, and may share all or a portion of such information with third party vendors for the purpose of conducting the background check. Trend Aviation warrants that it will maintain the confidentiality of information provided by Listed Member and guests as required by law. The approximate background check time is five (5) business days, although the time may be shorter or longer. (e) Choice of Law - This Agreement will be governed in all respects by the laws of the United States and the State of Florida without regard to their respective conflicts of laws rules. (f) Dispute Resolution - In the event of a dispute under this Agreement, where such dispute has not been settled within ninety (90) days after notice from either party to the other of the existence of the dispute, the parties agree that, at the request of either party, such dispute will be submitted for binding arbitration with the following conditions: (a) the proceeding will be administered by the State of Florida law pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, provided, however, that the arbitrator will be required to issue a statement of the reasons upon which his or her decision is based; (b) the proceeding will be held in Orange County, Florida; (c) the arbitrator will decide the assignment of the costs of the arbitration based on allocation of fault; (d) the proceeding will be closed except to the parties, their attorneys, representatives, witnesses and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling; and (e) the decision of the arbitrator will be enforceable in any court of competent jurisdiction. For avoidance of doubt, the arbitrator will not be authorized to override any provision hereof, including, without limitation, any specified limitations of liability.

5 (g) Right to Change Agreement - Trend Aviation reserves the right, based on reasonable business needs and to the extent not prohibited by federal law, to change, delete, or add to any of the terms of this Agreement, including the documents referenced and incorporated, without prior notice. 8. Contact Us Trend Aviation welcomes your questions or comments regarding the Terms of Service: Trend Aviation, LLC Tradeport Drive, Orlando, FL Address: Info@FlyTrendAviation.com Effective as of February 6th, 2017 Sincerely, Jon Houdyschell Founder Trend Aviation John@flytrendaviation.com

6 Shuttle Membership Application Personal Information Last Name First Middle Date Street Address Address continued City, State, Zip Date of Birth Phone Number Address Have you ever flown with us before? Yes No If Yes, Month and Year Destination How did you hear about Trend Aviation? What is your profession? Emergency Contact Name Phone Relationship Passport No. Date of Issuance Date of expiration Nationality Signature Date

7 Credit / Debit Card Authorization Form Full Name: Credit Cardholder Full Name: Cardholder Signature: Billing Address: City: State: Zip: Phone #: Card Type: VISA MASTER CARD AMEX Credit Card Number: Expiration Date: CVV: Trend Aviation LLC. will charge your credit or debit card the appropriate charges for fuel and any other services upon receipt of this form. By agreeing to this form and your signature above you are authorizing Trend Aviation LLC, Inc to charge your credit/debit card all invoiced charges. You may cancel this agreement at any time in writing. I hereby authorize Trend Aviation LLC to AUTHORIZE the full amount of the above referenced charter to my credit card whose number is listed herein. I understand and agree to abide by the terms and conditions listed above, and as set forth by the credit card company. I UNDERSTAND THAT THE PRICE OF THIS FLIGHT REFLECTS A DISCOUNT OF 4% FOR PAYMENT OF THIS CHARTER BY CASH, CERTIFIED BANK CHECK, OR WIRE IN ADVANCE OF TRIP DEPARTURE. IF PAYMENT IS NOT RECEIVED BY METHOD OTHER THAN CREDIT CARD PRIOR TO TRIP DEPARTURE, I UNDERSTAND THAT THE 4% DISCOUNT WILL BE REMOVED AND THE CREDIT CARD WILL BE CHARGED THE FULL AMOUNT OF THE TRIP Initial: