Updated September 5, 2019
. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SKYRYSE.
By accessing or using the Service, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. At any time and in Skyryse's sole discretion, Skyryse may revise the Terms, effective upon posting and adequate notification. Continued use of the Service after adequate notice of such revisions constitutes your acceptance of such revised Terms.
By using or opening an account on the Service (an "Account") on behalf of yourself or as agent of an entity (a "Subscribing Entity"), you represent and warrant that you are at least 18 years of age and, if acting on behalf of a Subscribing Entity, that you are an authorized representative of and have the authority to bind the Subscribing Entity to the Terms. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.
1. The Service.
The Service enables users to arrange and schedule transportation, including, in some instances, with third party providers of such services and goods under agreement with Skyryse or certain of Skyryse's affiliates ("Third Party Providers"). Unless otherwise agreed by Skyryse in a separate written agreement with you, the Service is made available solely for your personal, noncommercial use.
2. Payment, Registration and Use.
a. Use and Purchases. Use of the Service is free; however, purchases made on the Service may result in charges to you for the goods or transportation services that you receive (“Charges”). Skyryse will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Service. Charges will be inclusive of applicable taxes and fees where required by law. All Charges and payments will be enabled by Skyryse using the initial payment method (“Initial Payment Method”) designated in your Account, after which you will receive a receipt by email. The Initial Payment Method will be used for all Charges incurred by you using the Service unless you direct otherwise. If your payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Skyryse may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Skyryse.
. You are responsible for maintaining the confidentiality of your Account log-in credentials and activities that occur through the use of your Account. You agree to immediately notify Skyryse of an Account's unauthorized use or breach of security.
c. Use at Own Risk. Information transmitted by you using the Service is done at your own risk.
d. Accuracy of Information. You agree that the information that you provide during registration of and use of the Service is and will to the best of your knowledge remain current, true, accurate, and complete. If messages sent to an email address provided by you are returned as undeliverable, Skyryse reserves the right to terminate your Account immediately without notice or liability.
e. Restricted Use. Skyryse reserves the right to terminate or restrict your access to all or any component of the Account, refuse service, or remove or edit content, at any time and without advance notice or liability.
3. Content Ownership and Prohibited Use.
a. Subject to your compliance with these Terms, Skyryse grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the App and the Website on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Skyryse and Skyryse’s licensors.
b. All Service content, including but not limited to data, graphics, sound, artwork, and computer code, is Skyryse's property, and is protected by the United States and international copyright laws. Nothing contained on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such marks without the Skyryse's express written permission.
c. You may not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found on the Services.
d. You may not:
(i) access, monitor or copy any content or information on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without Skyryse's express written permission;
(ii) violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to this Service;
(iii) take any action that imposes, or may impose, in the discretion of Skyryse, an unreasonable or disproportionately large load on Skyryse's infrastructure;
(iv) deep-link to any portion of this Service (including where applicable, without limitation, the purchase path for any travel services) for any purpose without Skyryse's express written permission.
(v) use this Service for any purpose that is unlawful and/or prohibited by these Terms; or
(vi) use the Service for any speculative, false, or fraudulent purposes
4. Third Party Services and Content.
You agree that Skyryse may contact you by telephone, text or email messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any good or services. You also understand that you may opt out of receiving text messages from Skyryse at any time, either by texting the word "STOP" to 510-674-1512 using the mobile device that is receiving the messages, or by contacting email@example.com
6. User Content.
Skyryse may, in Skyryse's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Skyryse through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Skyryse, you grant Skyryse a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and Skyryse's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Skyryse the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Skyryse's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Skyryse in its sole discretion, whether or not such material may be protected by law. Skyryse may, but shall not be obligated to, review, monitor, or remove User Content, at Skyryse's sole discretion and at any time and for any reason, without notice to you
7. LIMITATION OF LIABILITY.
SKYRYSE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND/OR ANY CONTENT, DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, SERVICES AND/OR OPERATION OF THE SERVICE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. SKYRYSE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, ANY OF WHICH SKYRYSE RESERVES THE RIGHT TO CORRECT EVEN POST-CONFIRMATION WITHOUT LIABILITY.
SKYRYSE, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SERVICE, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY SKYRYSE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SKYRYSE HAS BEEN ADVISED OF THE POSSIBLITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SKYRYSE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SKYRYSE'S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Skyryse and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Service or services or goods obtained through your use of the Service; (ii) your breach or violation of any of these Terms; (iii) Skyryse's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Skyryse may give notice by means of a general notice on the Service, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Skyryse, with such notice deemed given when received by Skyryse, at any time by first class mail or pre-paid post to our registered agent for service of process, or to Skyryse, Inc., 3914 West 120th Street, Hawthorne, CA 90250.
10. DISPUTE RESOLUTION.
a. MANDATORY ARBITRATION. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AND SKYRYSE AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
i. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a "Notice"), or, in the absence of a mailing address provided by you to Skyryse, to you via any other method available to Skyryse, including via e-mail. The Notice to Skyryse should be addressed to Skyryse Inc., 3914 West 120th Street, Hawthorne, CA 90250, Attn: General Counsel (the "Arbitration Notice Address"). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the "Demand"). If you and Skyryse do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Skyryse may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the "Rules"), AS MODIFIED BY THESE TERMS. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against Skyryse, then Skyryse will promptly reimburse you for your confirmed payment of the filing fee upon Skyryse's receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
ii. Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and Skyryse agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
iii. No Class Actions. YOU AND SKYRYSE AGREE THAT YOU AND SKYRYSE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
iv. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
b. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Skyryse seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Skyryse or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Skyryse, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.
c. Claims. You and Skyryse agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
d. Improperly Filed Claims. All claims you bring against Skyryse must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Skyryse may recover attorneys' fees and costs up to $5,000, provided that Skyryse has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
e. Modifications. In the event that Skyryse makes any future change to the Mandatory Arbitration provision (other than a change to Skyryse's Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Skyryse's Arbitration Notice Address, in which case your account with Skyryse and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms.
f. Enforceability. If only Section 10.a.iii or the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms.
11. Governing Law.
The laws of the State of California, excluding its conflicts of law rules, govern the Terms. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
You may not assign these Terms without Skyryse's prior written approval. Skyryse may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Skyryse's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Skyryse or any Third Party Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Skyryse's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Skyryse in writing.
INDIRECT AIR CARRIER CHARTER AND GROUND TRANSPORTATION SERVICE AGREEMENT.
This Service Agreement (this "Service Agreement") is a binding contract between you, an individual user ("you" or "Participant") and Skyryse, Inc. and its successors and assigns ("we" or "Skyryse") governing the flight transportation ("Flight Transportation") and ground transportation ("Ground Transportation") services arranged by Skyryse (together, the "Transportation Service"). This Service Agreement supplements and is in addition to the Terms, which are hereby incorporated by reference. Definitions not provided herein have the meaning defined in the Terms. BY USING THE TRANSPORTATION SERVICE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE SERVICE AGREEMENT. GUESTS OF A PARTICIPANT ARE SUBJECT TO THIS SERVICE AGREEMENT. YOU ACKNOWLEDGE THAT SKYRYSE IS NOT A DIRECT AIR CARRIER AND THAT ALL FLIGHTS ARE OPERATED BY FAA/DOT LICENSED AIR CARRIERS. SKYRYSE ACTS AS AN INDIRECT AIR CARRIER PURSUANT TO 14 C.F.R. 295. LIABILITY INSURANCE WITH REGARD TO THE FLIGHT TRANSPORTATION IS MAINTAINED BY THE DIRECT AIR CARRIER, NOT SKYRYSE. IF YOU DO NOT AGREE, YOU MAY NOT USE THE TRANSPORTATION SERVICE. TO HAVE A COPY OF THIS SERVICE AGREEMENT SENT TO YOU, CONTACT SKYRYSE AT firstname.lastname@example.org
a. Transportation Service. The App and/or the Site enable you to reserve bimodal transportation provided in automobiles and helicopters for transportation between various points within the State of California. You may arrange the Transportation Service for guests as long as they meet the eligibility criteria contained herein and agree to the Terms and this Service Agreement.
b. Minors. Minors 12 and over may use the Transportation Service, but must be accompanied by the adult that booked the Transportation Service. Child safety seats cannot be accommodated on the aircraft; children must be belted into their own seat.
c. Consideration. The Transportation Service is offered for a price that is communicated to you in advance by Skyryse. The price quoted by Skyryse includes all air and ground transportation, as well as all applicable taxes and fees. You agree to the terms of this Service Agreement in consideration of your use of the Transportation Service and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
d. Flight Operator. Flight Transportation provided pursuant to this Service Agreement between points of embarkation and points of disembarkation will be operated by American Helicopters, Inc. d/b/a/ Skyryse Air or another licensed air carrier (“Skyryse Air” or the “Direct Air Carrier”) using R44 aircraft, or other comparable aircraft. Skyryse Air is a direct air carrier certified by the Federal Aviation Administration to perform flights pursuant to 14 CFR Part 135. Skyryse reserves the right to change the aircraft type or capacity, or the air carrier performing the flight. No refunds or compensation will be given for such substitutions or changes.
e. Ground Transportation. Ground Transportation that is provided pursuant to this Service Agreement will be operated by either by third-party drivers and car transportation services ("Third-Party Ground Transportation"), or by Metropolitan 1863, LLC, a wholly-owned subsidiary of Skyryse. You acknowledge and agree that, when Third-Party Ground Transportation services are provided to you, Skyryse is acting solely as the agent for the Participant in arranging for such Third-Party Ground Transportation.
2. Luggage Policy.
One small personal item per person is allowed (20 lbs maximum), approximately the size of a purse, backpack, or briefcase. Your luggage will be inspected for size, weight and prohibited contents when you arrive to the point of embarkation. Skyryse and Skyryse Air reserve the right to disallow a bag or bags that exceed the maximum allowable weight or are deemed too heavy or large by the pilots operating the aircraft. The pilot in command retains discretion to refuse to carry any luggage due to excess weight, size or any other reason that would compromise the safe operation of the aircraft. In this case, Skyryse can deliver the luggage to the traveler’s final destination, at the traveler’s expense.
No baggage may be left unattended or out of the direct control of the owner, except when passed to a designated baggage handler. Any baggage that cannot be identified or linked to a passenger or otherwise presents a safety hazard will not be transported on the aircraft. Although Skyryse will make attempts to help you recover items or luggage that has been left behind, Skyryse has no responsibility for left or lost items.
3. Passenger Seating.
Skyryse or Skyryse Air may assign specific seats to passengers on flights based on the weight and size of the passenger and the aircraft. For the safety and the comfort of all passengers, no passenger will be allowed to infringe upon the seat of another passenger. It is recommended that if a passenger’s size, not to exceed 250 lbs, might infringe upon any part of the adjacent seat, that such passenger purchase an additional seat to help ensure that the additional space is available. At the direction of the pilot in command, Skyryse Air reserves the right to ask any infringing passenger to exit the aircraft.
Skyryse Air will accommodate passengers with disabilities to the maximum extent feasible. However, the nature and physical limitations of the helicopters used by Skyryse Air will present certain restrictions that Skyryse Air may enforce according to its obligations under the law. Some examples include:
- The helicopter cannot accommodate wheelchairs or crutches due to cargo size limitations.
- Oxygen in compressed tanks is not permitted aboard the aircraft due to explosive hazard.
- Each passenger must be able to get into and exit the helicopter on their own, and without a ramp, in the event of an emergency.
Skyryse takes unlawful discrimination seriously and any instances of discrimination should be reported to email@example.com.
5. Refusal to Transport.
Either Skyryse or Skyryse Air, may, in their sole discretion, refuse to transport or may remove from an aircraft at any point any passenger for one or several reasons, including but not limited to: (i) failure by the passenger to comply with the rules of this Service Agreement; (ii) disobeying specific instructions given by aircraft pilots or ground attendants in the interest of safety; (iii) conduct of the passenger that in the judgment of Skyryse or Skyryse Air is or is known to be disorderly, disruptive, abusive, threatening, or violent or otherwise inimical to the comfort of other passengers or to safety of the flight; (iv) appearance by the passenger that he/she is intoxicated or under the influence of drugs to a degree that refusal or removal may be necessary for the comfort and safety of the passenger, other passengers, or the flight crew; or (v) any other reason in which transportation of the passenger would jeopardize the safety, health, or comfort of any passenger or crew.
Neither Skyryse nor Skyryse Air shall be responsible for the cost of such passenger's ticket or any other associated costs such passenger may have incurred due to removal from an aircraft.
6. Passenger Information.
and in compliance with FAA and DOT and other applicable regulations.
Participants will receive a complete refund if they cancel more than twelve (12) hours in advance of their scheduled trip. Participants that cancel less than twelve (12) hours but more than one (1) hour prior to their scheduled trip will receive a credit of fifty percent (50%) of the trip cost. Participants that cancel within one (1) hour of a scheduled trip are not entitled to a refund and forfeit the entire trip cost. As Skyryse makes every attempt to ensure on time departures, Participants that fail to arrive at their original point of departure (whether by ground or flight transportation) may have their trip cancelled without refund.
On occasion, your Flight Transportation might be delayed or cancelled due to weather, mechanical issues, airport, helipad or airspace congestion, governmental flight restrictions, or other unforeseen circumstance. If your Flight Transportation is delayed or cancelled, you will be notified by Skyryse via the App, email, or other form of communication. Skyryse will strive to send notifications of delays or cancellations as far in advance as possible. However, weather conditions change rapidly and there may be circumstances in which Flight Transportation is cancelled or delayed for weather or mechanical issues right up until departure. In the event that Skyryse cancels a trip, or if a trip change made by Skyryse will delay a Participant's arrival time by more than one (1) hour, Participant may choose not to take the trip and to receive a full refund.
8. Compliance with Law.
Participant will comply with all federal, state, and local laws and regulations on any flight that is provided as a part of the Transportation Service. This expressly includes full compliance with the Federal Aviation Regulations. Without limiting this requirement in any way, Participant specifically acknowledges that he/she is agreeing to adhere to any and all commands issued by the flight crew; that he or she will refrain from smoking (including e-cigarettes) on or within 50 feet of any aircraft; that he/she will refrain from bringing firearms (or other weapons) on the aircraft; and, Participant will not be under the influence of illicit drugs and/or alcohol when on or near the aircraft.
9. Hazardous Materials.
Federal law prohibits carriage of hazardous materials aboard aircraft in your luggage or on your person. Items listed include: lithium or lithium ion batteries or products that use them; fireworks, signal flares, fire crackers, sparklers or any other explosive; flammable liquids or solids including, fuel paint, solvents, lighter fluids or matches; compressed gasses, including spray cans, butane fuel, scuba tanks, propane tanks, oxygen bottles; weapons, including loaded or unloaded firearms, ammunitions, gunpowder, mace, tear gas or pepper spray; other hazardous materials including dry ice, wet cell batteries, oxidizers, corrosives, radioactive materials, including radio-pharmaceuticals, poisons or infectious substances. You must declare your hazardous materials to the crew or air carrier representatives immediately. A violation of Federal Hazardous Materials Regulations (49 CFR Parts 171-180) can result in five years imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).
10. Photo Release.
Participant hereby grants Skyryse permission to use his/her likeness in a photograph, video, or other digital media ("photo") in any and all of its publications, including web-based publications, without payment or other consideration. Participant understands and agrees that all photos will become the property of Skyryse and will not be returned. Participant hereby irrevocably authorizes Skyryse to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, Participant waives any right to inspect or approve the finished product wherein his/her likeness appears. Additionally, Participant waives any right to royalties or other compensation arising or related to the use of the photo. Participant hereby holds harmless, releases, and forever discharges Skyryse from all claims, demands, and causes of action which Participant, his/her heirs, representatives, executors, administrators, or any other persons acting on Participant's behalf or on behalf of Participant's estate has or may have by reason of this authorization.
11. EXEMPTION AND RELEASE FROM LIABILITY.
PARTICIPANT HEREBY EXEMPTS, RELEASES, ACQUITS, FOREVER DISCHARGES, AND HOLDS HARMLESS SKYRYSE AND ANY OF ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SERVANTS, EMPLOYEES, AFFILIATES, MEMBERS, SHAREHOLDERS, SUCCESSORS, AND/OR ASSIGNS (COLLECTIVELY, "SKYRYSE RELEASEES"), WHETHER ACTING ON THE BEHALF OF SKYRYSE OR INDIVIDUALLY, FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY NATURE WHATSOEVER, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY, ARISING OUT OF PARTICIPANT'S USE OF THE TRANSPORTATION SERVICE. PARTICIPANT RECOGNIZES THAT ANY AND ALL CLAIMS RELATED TO OR ARISING OUT OF THE TRANSPORTATION SERVICE ARE WAIVED AND UNDER NO CIRCUMSTANCES MAY IT SEEK DAMAGES FROM THE SKYRYSE RELEASEES AS SET FORTH ABOVE.
12. INDEMNITY AGAINST CLAIMS.
PARTICIPANT AGREES TO INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS SKYRYSE WITH REGARDS TO ANY AND ALL LOSSES, CLAIMS, ACTIONS, AND PROCEEDINGS OF EVERY NATURE WHATSOEVER WHICH MAY BE PRESENTED OR INITIATED BY ANY PERSON OR ENTITY, ARISING DIRECTLY OR INDIRECTLY OUT OF PARTICIPANT'S USE OF THE TRANSPORTATION SERVICE.
13. WAIVER OF JURY TRIAL/APPLICABLE LAW/MANDATORY ARBITRATION.
PARTICIPANT AGREES THAT THE LAW OF THE STATE OF CALIFORNIA SHALL APPLY TO ALL ISSUES ARISING OUT OF THIS SERVICE AGREEMENT, INCLUDING BUT NOT LIMITED TO THE CONSTRUCTION, INTERPRETATION, AND VALIDITY OF THIS SERVICE AGREEMENT, AND THAT CALIFORNIA LAW SHALL GOVERN ANY DISPUTE BETWEEN PARTICIPANT AND SKYRYSE ARISING OUT OF OR RELATING TO PARTICIPANT'S USE OF THE TRANSPORTATION SERVICE. IN THE EVENT OF ANY DISPUTE ARISING BETWEEN PARTICIPANT AND SKYRYSE, PARTICIPANT CONFIRMS ITS AGREEMENT TO THE MANDATORY ARBITRATION PROCEDURE CONTAINED IN THE TERMS.
Electronic signature or acceptance through the internet, GDS, or App including, but not limited to acceptance by an agent (a person booking on behalf of a participant) will be an acceptable form of acknowledgement to the terms and conditions of this Service Agreement. Participant will not be able to use the Transportation Service unless they accept this Service Agreement. Skyryse may modify or immediately terminate all or any portion of this Service Agreement in its sole discretion, at any times, and for any reason. If you do not agree to the modified Service Agreement, you must request to terminate your agreement to the Service Agreement as set forth below within thirty (30) days of the date of the modified Service Agreement.
Skyryse may revoke or terminate your eligibility to participate in the Transportation Service if you fail to comply with any of the provisions of this Service Agreement. You may terminate your agreement to this Service Agreement by making such request in writing. This written notice must be provided by mail or hand delivery to the address listed below. Upon any termination, you must immediately cease using the Transportation Service.
PARTICIPANT HAS READ THIS SERVICE AGREEMENT AND UNDERSTANDS AND AGREES TO ALL ITS TERMS AND PROVISIONS. NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE TO PARTICIPANT.
PARTICIPANT UNDERSTANDS THAT BY SIGNING THIS SERVICE AGREEMENT, PARTICIPANT IS RELEASING SKYRYSE FROM ANY AND ALL LIABILITY THAT MAY ARISE OUT OF INJURY OR DEATH THAT PARTICIPANT MAY SUFFER IN CONNECTION WITH THE TRANSPORTATION SERVICE.
PARTICIPANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT THIS SERVICE AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF CALIFORNIA, AND THAT IF ANY PORTION HEREOF IS JUDICIALLY DETERMINED TO BE INVALID, THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT.