Terms & Conditions

Terms of Use

Last Updated: March 1, 2022

Flysmoother, LLC (“Company” or “Fly Smoother”) owns and operates the website, www.flysmoother.com, any mobile or touch versions and any sites Company currently has or may in the future have that reference these Terms of Use (collectively ” Site“). By (a) using the Site and its services, (b) signing up for an account and/or (c) participating in travel or a trip planned by Company or purchased through Site, You agree to these Terms of Use and any additional terms applicable to certain programs in which You may elect to participate. You also agree to our Privacy Policy, incorporated herein by reference and located at flysmoother.com/privacy-policy, and acknowledge that You will regularly visit the Terms of Use to familiarize Yourself with any updates which may occur from time to time and without notice. By posting new Terms of Use and updating the “Last Updated” date, You agree that you have had adequate notice to the updated Terms of Use and agreed to those Terms of Use. The Privacy Policy, together with the Terms of Use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as these ” Terms” or this “Agreement”.

In the event a minor child is participating in travel or trip planned by Company or purchased through this Site (“Minor Participant”), You represent that you are the parent or guardian of such minor child and agree to these Terms. In the event that you plan to participate in travel or trip planned by Company or purchased through this Site with another individual (“Third-Party Participant” collectively with “Minor Participant” and “You” “Participants”), You agree to make available to the other individual these Terms and represent that you have both shown these Terms to Third-Party Participant and Third-Party Participant has agreed to these Terms.

TRIP PLANNING

Fly Smoother offers various trip planning services (“Services”). These Services include but are not limited to: emails, telephonic meetings, video meetings, in person meetings, correspondence, planning, consultation, suggestions, responses to Participant questions, bookings, placing orders, and other services relating to the preparation of a Participant’s trip or a Participant’s trip. You will compensate Company, as specified in, and in accordance with, these Terms.

PRICING AND BILLING

You agree to remit payment to Company for all Services rendered for Participant. Payment shall be provided in a timely manner as set out below. All such Services shall be charged at the then-current hourly rate set forth below. Fly Smoother shall charge and You shall pay for each hour expended on Services for Participant at the then-current rate at the time Services are rendered; You understand and agree that in certain circumstances this shall result in hourly rates changing from time to time. Company shall inform you of any applicable hourly rates prior to providing you with Services. Hourly rates of Company employees vary and You understand and agree that Fly Smoother may, in its sole discretion, determine which employee is best suited to complete each aspect of Services provided, unless otherwise agreed to by You and Company. You understand and agrees that Company cannot guarantee or with complete accuracy estimate the total time which will be expended on any requested Services. Any estimate provided by Company shall not be binding on Company.

If You have any questions about Services provided, personnel choices, or total hourly charges notify Company immediately.

Services and associated fees/costs incurred will be emailed to the You (to the email address of record) on a monthly basis and a trip specific invoice after the completion Services on each requested trip.

Please review the invoice carefully and contact Fly Smoother if You have any questions about any such invoice contact Company immediately.

Fly Smoother will process the ACH payment (7) calendar days following delivery of any monthly or trip specific invoice. If payment on an outstanding invoice is not received timely, Fly Smoother reserves the right to release Participant reservations and cancel Participant trip; this shall not relieve You from any outstanding amounts owed to Fly Smoother.

You shall be responsible for all fees and charges related to such non-payment.  Any misunderstandings or disputes relating to any Fly Smoother invoice must be raised immediately with Fly Smoother. If You do not raise any such misunderstanding, objection, or dispute to Fly Smoother within seven (7) calendar days of receipt, You will be deemed to have accepted the invoice as accurate.

You may choose to pay by credit card. In the event You choose to pay via credit card, Your credit card on file will be charged within seven (7) business days following the delivery of any invoice. Fly Smoother at all times reserves the right to cease providing Services on any trip until any and all outstanding balances are brought to zero ($0). Failure or refusal to timely pay invoices issued by Fly Smoother will constitute grounds for our immediate termination of this Agreement, but shall in no instance serve to release You from Your ongoing payment obligations to Fly Smoother under this Agreement.  If Fly Smoother seeks payment on unpaid amounts owed by You, You hereby agree to and shall indemnify Fly Smoother for all costs and expenses incurred by Fly Smoother with respect to same (including reasonable attorneys’ fees and costs).

In the event You fail to pay any invoice in full within seven (7) calendar days after receipt of the same, You agree to pay interest on all outstanding amounts at one-and-a-half percent (1.5%) interest monthly, compounding monthly, on the entirety of the amount outstanding as well as any interest which may have accrued thereupon.

You acknowledge and agree the hourly rates charged by Company are reasonable and may change. Company may choose to notify you of rate changes by email but has no obligation to do so. You agree that by posting new rates on these Terms, Fly Smoother has adequately notified you of any rate change and you agree to the change.

Hourly Rates:

In the event that hourly rates may be applicable to You, Company will inform you of all such rates prior to providing You with any Services. By being notified of Company’s then-current rates you agree to be charged such rates and agree that such rates are reasonable.

In the event you agree to certain services, for instance, Company services provided under a retainer, all terms contained in such agreement shall control in the event that they conflict with these Terms. Specific written agreements by You and Fly Smoother shall control the specific subject matter and conflict between these general Terms and more narrow or specific agreements will be controlled by the narrower agreement. This includes, but is not limited to any “Travel Retainer Agreement”.

In certain cases, when paying by credit card, You may choose to dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, Company asks You first to call Fly Smoother to discuss any questions or concerns about our charges. Company will work with You in attempting to resolve Your concerns. By using our service to make a reservation, or retaining us for such services, You accept and agree to our cancellation policy. Fly Smoother retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, Company retains the right to cancel any travel reservation related to that improper chargeback, as determined solely at the discretion of Company; in such a case the cancellation charges as set out below would apply. The following chargeback scenarios are improper and Company retains the right to investigate and rebut any such chargeback claims:

1. Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.

2. Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to Your credit card. This does not include credit card fraud.

3. Chargebacks arising from inconsistency or inaccuracy with regard to the Travel Provider’s product description.

4. Chargebacks resulting from force majeure or other circumstances that are beyond the control of Fly Smoother or the Travel Providers.

5. Chargebacks resulting because You do not agree with the cancellation policy.

DOCUMENTATION

It is Participant’s sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries entry may be subject to entry reciprocity fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities.  Please note that entry to any country may be refused even if the required information and travel documents are complete. Participant is urged to review advisories or warnings issued by the State Department (available at: www.travel.state.gov) and the Centers for Disease Control and Prevention (available at: www.cdc.gov) about risks and restrictions for travelers. Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers.[1] Fly Smoother strongly recommends that Participant review them. They can presently be found at: https://travel.state.gov/content/passports/en/alertswarnings.html andhttps://wwwnc.cdc.gov/travel/notices. Fly Smoother bears no responsibility for such information and will not be held responsible for advising and/or obtaining required travel documentation for Participants, or for any delays, damages, whether direct or indirect, and/or losses including missed portions of Participant’s trip related to improper documentation or government decisions about entry.

COVID AND RESPONSIBILITY

• Company will in no way be liable for any issues related to, arising from, or resultant of, the Covid 19 virus or any variants, both known and unknown, whether those currently existing or those which will come to exist in the future (“Covid Variants”), as well as private, public, regional, governmental, and personal responses and actions taken as a result—either direct or indirect—of or related to Covid Variants (collectively with Covid Variants “COVID”). Participant agrees to hold Company harmless for any act, omission, or occurrence of any sort whatsoever which is related to or the result of COVID; Participant further agrees that under no circumstances, notwithstanding any other provision of this Agreement, shall COVID, or any result or occurrence related to or arising from COVID, provide grounds for the refund or reimbursement of any fess or monies paid to Company.
• Participant represents and warrants that Participant understands and agrees Company has no control over COVID or any other similar pandemic or catastrophe; Participant represents and warrants that Participant is solely responsible for Participant’s own health, prophylactic and preventative actions, precautions, , and Participant must take all efforts to protect Participant’s health and person.

INSURANCE

It is essential and a condition precedent of the booking of any trip with Fly Smoother, or otherwise obtaining and Services under this Agreement that Participant obtain a comprehensive travel insurance policy to cover Participant of the trip before, during, and after the trip. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Fly Smoother cannot be held responsible for denied entry if Participant is unable to provide details to authorities of insurance or for denial of entry for any reason. Fly Smoother shall not be responsible for any costs incurred by Participant before, during, or after any trip as a consequence of inappropriate or insufficient travel insurance or documentation being obtained or possessed by Participant.

CANCELLATION [Discuss]

• In the event the Participant decides to cancel a trip after it has been booked, Fly Smoother will, if requested by Participant, assist the Participant with such cancellation subject to all applicable restrictions from of Travel Provider; provided, however, that You shall be responsible for all applicable cancellation costs, charges, and fees. Moreover, Fly Smoother may charge a cancellation fee of four percent (4%) of the total cost of the cancelled trip to You; Fly Smoother may choose to waive its right to its four percent (4%) cancellation fee based on the totality of circumstances surrounding the cancellation of Participant’s trip (including but not limited to: Participant’s reason for cancellation, timing of cancellation in relation to booking dates, dates of travel, and planned trip; the amount of work expended by Fly Smoother in Services). Such waiver shall in no way be considered a waiver of Fly Smoother’s right to charge a future cancellation fee on any future cancellation, or a waiver of any rights accruing to Company under this Agreement.
• You understand and represent that such cancellation fees are reasonable and that such cancellations may negatively affect Fly Smoother’s relationship with third parties and Travel Providers.
• In the event that You initiate an improper credit card chargeback, Fly Smoother reserves its rights to commence legal action against Participant and recovery of its’ costs and fees in addition to the amount claimed in the chargeback.
• In the event Travel Provider chooses to change a departure date, or cancels a trip, Company will assist You in making alternate arrangements; however, You will be responsible for additional Travel Provider fees and charges which may apply. Fly Smoother will always advocate on Your behalf in the event of a Travel Provider cancellation or rescheduling.
• In any such event as described in subsection 8(d), Participant agrees to hold harmless and free from any and all liability of any sort Company.

THIRD PARTIES

Fly Smoother does not provide, own, or control any of the travel services and products that are provided as part of any planned trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by third parties, their affiliates, subsidiaries, agents, or contractors (“Travel Providers”). Travel Providers are responsible for the Travel Products. Travel Provider’s terms and privacy policies apply to Participant’s booking so Participant hereby agrees to read, understand, and agree to those, and all other applicable, terms. Furthermore, the terms of all actual Travel Providers (airline, hotel, tour operator, etc.) apply to Participant’s travel, so Participant must also agree to and understand those, and all other applicable, terms.

THIRD PARTY COSTS

• In certain cases, Travel Providers utilized by Fly Smoother will not accept payments directly from You. In such cases, You must make adequate funds readily available for Fly Smoother to provide such payment on Participant’s behalf. Such payments may be quoted in local currencies and Fly Smoother shall make reasonable efforts to obtain favorable currency exchange rates for the You. You agree to pay, in timely manner, any such amounts that are due under the foregoing provisions.
• Payment to Fly Smoother of fees payable to Travel Providers pursuant to subsection 6(a) must be made by Participant and received by Fly Smoother within two business days from the date of receipt of the invoice regarding such fees. In the event You do not make such payment within this 2-day period, the rate quote secured by Fly Smoother with respect to such Travel Providers provision of Travel Products may no longer be accurate or applicable and You must request for Company to obtain a new rate quote which, if obtained, will then be effective for two business days after Company provides You with such a quote. Sales or other taxes and fees vary based on the location and other specifics of the trip pertaining to such Travel Provider and such taxes and fees shall be disclosed to Participant before confirming the booking. Payments for Travel Providers may be made by bank transfer or credit card.

RISK

• PARTICIPANT IS AWARE THAT TRAVEL MAY INVOLVE HAZARDOUS ACTIVITIES. INHERENT HAZARDS AND RISKS INCLUDE, BUT ARE NOT LIMITED TO, RISK OF INJURY OR DEATH FROM: MOTOR VEHICLES COLLISIONS, ANIMALS, ROADWAY HAZARDS, SLIPS, AND FALLS, CONSUMPTION OF ALCOHOLIC BEVERAGES, TAINTED FOOD, OR NON-POTABLE WATER; EXPOSURE TO THE ELEMENTS; PARTICIPANT’S OWN NEGLIGENCE AND/OR THE NEGLIGENCE OF OTHERS, INCLUDING TOUR GUIDES, OTHER GUESTS, FLY SMOOTHER EMPLOYEES, AGENTS AND/OR REPRESENTATIVES; ATTACK BY ANIMALS; ACCIDENTS OR ILLNESS WHERE THERE ARE NO READILYAVAILABLE MEDICAL SERVICES; KNOWN OR UNKNOWN MEDICAL CONDITIONS; AND LACK OF ADEQUATE TRAINING THIRD-PARTY TRAVEL PROVIDERS WHO SEEK TO ASSIST WITH MEDICAL OR OTHER HELP EITHER BEFORE OR AFTER INJURIES HAVE OCCURRED.
• PARTICIPANT UNDERSTANDS THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS, OR DEATH. IN ORDER TO PARTAKE OF THE ENJOYMENT AND EXCITEMENT OF ANY TRIP PARTICIPANT REPRESENTS AND WARRANTS PARTICIPANT IS WILLING TO ACCEPT THE RISKS AND UNCERTAINTY INVOLVED AS BEING AN INTEGRAL PART OF ANY AND ALL TRIPS. PARTICIPANT HEREBY ACCEPTS AND ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF ILLNESS, INJURY OR DEATH AND OF THE NEGLIGENCE OF FLYSMOOTHER AND AGRESE TO AND SHALL HOLD HARMLESS AND FULLY RELEASE FLYSMOOTHER FROM ANY AND ALL CLAIMS ASSOCIATED WITH A TRIP, INCLUDING ANY CLAIMS OF THIRD-PARTY NEGLIGENCE AND PARTICIPANT HEREBY COVENANTS NOT TO SUE FLYSMOOTHER FOR ANY SUCH CLAIMS OR JOIN IN ANY LAWSUIT OR ACTION THAT IS SUING FLYSMOOTHER.

PARTICIPANTS WITH DISABILITIES

Participant with disabilities should notify Fly Smoother if Americans with Disabilities Act (“ADA”) accessible accommodations are needed.  Fly Smoother will make all reasonable efforts to accommodate this request but shall not be held responsible if ADA accommodations are not available.  Any accommodations provided will be at the sole expense of the You or in the event that the Travel Provider, if such provider chooses to cover such expense; in no event shall Company be responsible for any increased costs or fees.

LIMITATION OF LIABILITY

• PARTICIPANT HEREBY UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT FLYSMOOTHER LLC, ITS OWNERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND INDEPENDENT CONTRACTORS (COLLECTIVELY “FLYSMOOTHER”) DOES NOT OWN OR OPERATE ANY ENTITY WHICH IS TO OR DOES PROVIDE GOODS OR SERVICES FOR ANY TRIP INCLUDING WITHOUT LIMITATION—FOR EXAMPLE, PARTNERSHIP WITH, OR OWNERSHIP OR CONTROL OVER HOTELS OR OTHER LODGING FACILITIES, AIRLINE, VESSEL, BUS, VAN OR OTHER TRANSPORTATION COMPANIES, LOCAL GROUND OPERATORS, PROVIDERS OR ORGANIZERS OF OPTIONAL OR INCLUDED EXCURSIONS OR EQUIPMENT USED THEREON, FOOD SERVICE OR ENTERTAINMENT PROVIDERS, ETC. PARTICIPANT AGREES FLYSMOOTHER WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL, ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF INCOME, PROFIT, OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, HOWEVER CAUSED, WHETHER ARISING FROM EQUITY OR LAW, AND WHETHER SOUNDING IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY RIGHTS, STATUTORY RIGHTS, PRODUCTS LIABILITY, OR OTHERWISE.
• PARTICIPANT FULLY UNDERSTANDS AND AGREES THAT PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT TO THE FURTHEST EXTENT ALLOWED UNDER THE LAW. IF THE LAW OF YOUR STATE DISALLOWS DISCLAIMER OF IMPLIED WARANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THIS MAY NOT APPLY TO PARTICIPANT. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE OR INVALID IN YOUR STATE, OR IN ANY FUTURE ACTION, ALL OTHER PORTIONS SHALL SURVIVE, AND YOU AGREE FLYSMOOTHER’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1000).
• IN THE EVENT THAT THE PARTICIPANT HAS ARRANGED COMPONENTS OF THE TRIP WITHOUT THE ASSISTANCE OF FLYSMOOTHER, PARTICIPANT/PARTICIPANT IS FULLY RESPONSIBLE FOR ANY LOSSES, AND ASSOCIATED COSTS, THAT ARISE AS A RESULT OF THE ACTION OR INACTION OF THE COMPONENT (FOR EXAMPLE, FAILURE TO ARRIVE AT A DESTINATION DUE TO A DELAY OR CANCELLATION OF A FLIGHT).

INDEMNIFICATION

PARTICIPANT AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS FLY SMOOTHER AND EACH OF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY EXPENSES, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS AND COSTS (COLLECTIVELY, “DAMAGES”) INVOLVED WITH OR INCURRED BY FLY SMOOTHER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND THE ADVANCEMENT OF SAME) WITH RESPECT TO ANY CLAIMS, LAWSUITS, ARBITRATIONS, OR OTHER CAUSES OF ACTION, WHICH RESULT, DIRECTLY OR INDIRECTLY, FROM PARTICIPANT’S BREACH OR VIOLATION, OR THREATENED BREACH OR VIOLATION, OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE SECTIONS 15 AND 16).

FORUM AND GOVERNING LAW

• Choice of Law. This Agreement and all related and referenced documents, and all matters arising out of or relating to the making or performance of this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with and enforced under the laws of the State of New York, United States of America (including its statutes of limitations and Y. Gen. Oblig. Law § 5-1401, if applicable), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York.
• Choice of Forum. Each party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the US District Court for the Southern District of New York or, if such court does not have subject matter jurisdiction, the courts of the State of New York sitting in New York County, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the US District Court for the Southern District of New York or, if such court does not have subject matter jurisdiction, the courts of the State of New York sitting in New York County. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

GENERAL AND MISCELANEOUS

• Entire Agreement. This Agreement, including and together with any related exhibits, schedules, attachments, and appendices attached hereto or referenced herein, constitutes the sole and entire agreement of Participant and Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter, unless otherwise stated herein.
• Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice”, and with the correlative meaning “Notify”) must be in writing and addressed to the other party at its email address set forth below (or to such other address that the receiving party may designate from time to time in accordance with this section). Unless otherwise agreed herein, all Notices must be delivered via email and are considered received on the date any such Notice is sent. Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this subsection. Notices provided to You shall be sent to Your email address of record; You are solely responsible to keep this email address up to date. Notices provided to Fly Smoother by You shall be sent to [Email address].
• Any electronic communication shall be considered a writing under this Agreement. Any writing shall be considered a signed writing if such would constitute a signed writing under the Electronic Signatures and Records Act (State Technology Law §§ 301 et seq).
• Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision.
• Amendments. No amendment to or modification of or rescission, termination, or discharge of this Agreement is effective unless it is in writing and signed by an authorized representative of each party.
• Waiver. No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
• Assignment. You shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Company. Any purported assignment or delegation in violation of this subsection shall be null and void. No assignment or delegation shall relieve Participant of any of its obligations under this Agreement. Company may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of Company’s assets without Your consent.
• Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
• No Third-Party Beneficiaries. This Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
• WAIVER OF JURY TRIAL. EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
• Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the Participant to make payments to Company hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, other environmental catastrophes, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances;] (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within seven (7) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this subsection, the other party may thereafter terminate this Agreement upon seven days’ written notice.
• Section and subsection headings used herein are for convenience and shall be of no legal effect.
• Defined Terms. Defined terms shall have the same meaning whether they appear singular or plural.
• You represent and warrant: You have carefully read the entirety of this Agreement, and fully understands its contents; You are aware that this Agreement contains a release of liability and a contract between them and FlySmoother and/or its affiliated organizations; and You knowingly agree to this Agreement of Your own free will, without duress, after having had the opportunity to consult with an attorney, regardless of whether You exercised that opportunity.

[1] Health: Recommended inoculations for travel may change and Participant should consult a doctor for current recommendations before departure. It is Participant’s responsibility to ensure that Participant meets all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to Your trip.