Review the terms and conditions all partcipants must adhere to in preparation for their World View stratospheric space tourism flight.
These are the terms and conditions (“Ts & Cs”) under which World View will reserve seat(s) on a future high-altitude balloon flight. The flight is expected to reach an elevation of approximately 100,000 feet above the Earth in a pressurized vessel, and World View will provide necessary training and other experiences in anticipation of such flight at World View’s sole discretion (collectively, a “World View Flight”) in exchange for the payment of a deposit as stated below and the payment of the balance of the total flight cost as stated below, in accordance with these Ts & Cs.
As a condition to World View reserving the number of seats reflected on the Flight Reservation Agreement on each World View Flight, Principal Participant shall transmit to World View the non-refundable total deposit amount reflected on the Flight Reservation Agreement (“Deposit”) as a down payment toward the total flight cost reflected on the Flight Reservation Agreement (“Total Flight Cost”). The Deposit shall be made via credit card through the World View website.
As a condition to participating in a World View Flight, Principal Participant shall pay the Total Flight Cost less the Deposit (“Balance Payment”) within ten (10) days of receipt of notice from World View that the Balance Payment is due, which shall be sent by World View at or around six (6) months prior to the planned World View Flight date. Principal Participant shall be entitled to a refund of the Balance Payment in the event that, through no fault of his/her own, Principal Participant or any Additional Participant is deemed by World View to be an unacceptable candidate for a World View flight, or a governmental regulatory body or its regulations prohibit Principal Participant or any Additional Participant from participating in the assigned World View Flight, and the issue cannot be resolved by reassignment of the Principal Participant or Additional Participant, as the case may be, to a different World View Flight. The amount of the refunded Balance Payment shall be prorated by the total number of Participants deemed unable to fly. The refund shall relieve World View of any and all obligations under this Agreement relating to providing a World View Flight. In the event Principal Participant fails to make the Balance Payment as required, World View’s sole remedy shall be to terminate Principal Participants’ and all other Additional Participants’ right to participate in World View Flight(s). In the event of such a termination, the parties shall have no further rights and obligations under this Agreement.
Principal Participant, on behalf of itself and each Additional Participant, hereby agrees and acknowledges that participation on any World View Flight is not guaranteed and will be subject to conditions of participation, which have not yet been determined and may change from time to time. Conditions pursuant to which World View may deny Principal Participant and any other Additional Participant the right to participate on a World View Flight include, but are not limited to, the medical fitness of the individual as determined by World View or its representative(s), limitations or restrictions imposed by any governmental or regulatory authority, or World View’s determination, in its sole discretion, that participation of the individual presents an unacceptable risk of harm to the World View Flight, Principal Participant, World View, any Additional Participants on the World View Flight, or any third parties. No World View Flight shall be permitted unless Principal Participant and each Additional Participant signs and returns to World View a written document acknowledging and accepting various conditions of participation within thirty (30) days after the date of the delivery of such document. The document’s delivery shall be deemed to have occurred on the date sent by World View to Principal Participant’s address as set forth on the signature page of this Agreement or to such other address Principal Participant has provided World View in writing prior to such date. In the event any Participants are unable to participate in the World View Flight due to the circumstances set forth herein, the Balance Payment, if previously made, shall be refunded to Principal Participant in accordance to paragraph 3 of these Ts and Cs.
Principal Participant, on behalf of itself and each Additional Participant, acknowledges that laws and regulations may impose conditions, limitations, or restrictions on World View’s ability to operate a World View Flight or to offer such flights to Principal Participant and Additional Participants, including but not limited to 14 Code of Federal Regulation § 460.41, et seq. (as amended and restated from time to time). Such laws and regulations may include conditions, limitations or restrictions on World View in respect of the participation of an individual on a World View Flight. While World View believes that this Agreement is in accordance with existing laws and regulations, Principal Participant, on behalf of itself and each Additional Participant, agrees that the terms and conditions contained in this Agreement may need to be unilaterally amended, modified, or supplemented by World View or this Agreement terminated to ensure World View’s compliance with such laws and regulations. In the event that any such changes are required, World View shall provide Principal Participant notice as soon as reasonably practicable.
Principal Participant, on behalf of itself and each Additional Participant, understands that as of this time World View has not yet operated a World View Flight, and currently does not anticipate being able to commence commercial operations involving World View Flights until late 2023 at the earliest, but World View will use commercially reasonable best efforts to try to adhere to that schedule. Nothing contained herein shall be construed as a representation, warranty or covenant of World View to commence commercial operations of one or more vehicles capable of completing a World View Flight within any particular timeframe, or even at all. World View’s obligations hereunder shall be limited to utilizing commercially reasonable efforts to provide each World View Flight, and to do so as soon as commercially practical. Principal Participant, on behalf of itself and each Additional Participant, further understands and agrees that once operations begin, there are numerous factors and events that could cause World View, in the exercise of its commercially reasonable judgment and discretion, to postpone, delay, rearrange, terminate, or otherwise alter its offering of World View Flights. Such factors and events include but are not limited to weather, mechanical or engineering issues, pandemics, epidemics, labor issues, supply issues, acts of God, acts of terrorism, airspace restrictions, governmental regulations and crew availability limitations. World View reserves the right to deviate from any scheduled launch or priority of any World View Flight at its sole discretion.
Upon the assignment of Principal Participant and Additional Participants to a World View Flight, World View shall provide Principal Participant with a written Confirmation Notice containing various specifics necessary for Principal Participant and the Additional Participants to plan for and participate in the World View Flight, including relevant timelines, locations, preparations, and any conditions of participation that have not already been met. The Confirmation Notice shall be deemed delivered on the date sent by World View to Principal Participant’s address as set forth on the signature page to this Agreement, or to such other address Principal Participant has provided World View before the date of the Confirmation Notice and may not be provided more than six (6) months before the planned World View Flight.
In the event of a breach of this Agreement by World View, Principal Participants’ sole and exclusive remedy shall be limited to refund of amounts paid under this Agreement, including the Deposit. In no event shall Participants be entitled to specific performance, including, but not limited to, compelling World View to place Participants on a World View Flight. Neither party shall be liable to the other for special, indirect, punitive, or consequential damages of any kind, even if advised in advance of the possibility of such damages.
8a. Sweepstakes, Auction and Promotional Seats. In the event the Principal Participant receives a World View Flight as part of a sweepstakes, contest, auction, promotion or other marketing-related activity (“Promotion”), World View’s liability shall be similarly limited as under the Limitation of Liability; No Specific Performance clause with additional limitation of liability, as described herein. In these special circumstances, the flight reservation (“Prize”) will have been donated by World View (“Provider”) to the Promotion organizers (“Promoter”) and Promoter is deemed to be the owner and holder of the flight reservation. Promoter intends to transfer the right to the flight reservation to the Prizewinner upon completion of the Promotion and will be contingent on the Prizewinner accepting the flight terms and conditions imposed by the Provider. Any entry, participation, bid fee(s) (“Fees”) paid by the Prizewinner (and any other Promotion participant) constitutes only a donation or gift to Promoter and does not constitute money or other consideration in any form for the Prize or any other part of the Promotion prize package. Please note that there is no guarantee that the flight to which the flight reservation relates will occur if and when scheduled, or at all. There will be no refund of all or any part of the Promotion Fees if that should occur. By participating in any Promotion with a World View prize, you acknowledge and agree to hold harmless the Provider, Promoter and any related parties from and against any claim or cause of action including the failure to fulfill a Prize(s) offered in this Promotion.
Participants’ rights under this Agreement may be assigned by Principal Participant to another person or entity with the prior written consent of World View.
Participants represent and warrant that they have not and will not in the future publicize any aspect of this Agreement and the transactions contemplated hereunder, without the prior written consent of World View. “Publicize” for purposes of this section shall mean: any sponsorship, public announcement, display, notice, or similar event in any medium, including the use of any form of media.
Except as expressly stated to the contrary herein, any notice required or permitted by this Agreement shall be in writing and shall be deemed effective upon personal delivery or receipt by overnight delivery service, confirmed facsimile or e-mail, or three (3) days after being deposited in the regular mail as certified or registered mail (airmail if sent internationally) with postage prepaid, to such party’s address, facsimile number or email address shown on this Agreement, or as subsequently modified by written notice to the other party.
This Agreement embodies the entire agreement and understanding between World View and Participants and supersedes all prior oral or written agreements and understandings relating to the subject matter hereof.
This Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Arizona, excluding that body of law relating to conflict of laws. Participants and World View agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by such arbitrator may be entered in any court having jurisdiction thereof. The site of the arbitration shall be Pima County, Arizona. The arbitrators may award reimbursement of attorneys’ fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators shall deem appropriate. In addition, the losing party shall reimburse the prevailing party for attorneys’ fees and disbursements and court costs incurred by the prevailing party in successfully seeking any preliminary equitable relief or judicially enforcing any arbitration award.
In the event that any court of competent jurisdiction shall determine that any provision, or any portion thereof, contained in this Agreement shall be unenforceable in any respect, then such provision shall be deemed limited to the extent that such court deems it enforceable, and as so limited shall remain in full force and effect. In the event that such court shall deem any such provision, or portion thereof, wholly unenforceable, the remaining provisions of this Agreement shall nevertheless remain in full force and effect.
Participants acknowledge and agree that the rule of construction, to the effect that any ambiguities are resolved against the drafting party, shall not be employed in the interpretation of this Agreement.
The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof.
Any definitions used herein defined in the plural shall be deemed to include the singular as the context may require and any definitions used herein defined in the singular shall be deemed to include the plural as the context may require. Wherever reference is made herein to the male, female or neuter genders, such reference shall be deemed to include any of the other genders as the context may require.