The Black Powder XChange Terms & Condition
These terms and conditions (the “Agreement” or “Terms”) govern participation in any Flight Club VIP owned and operated event, as well as various products and offerings (the “Offerings”) that may be offered as part of the Event.
By registering for The Black Powder XChange and/or participating in any Offerings you agree to these Terms, which form a legally binding contract between Flight Club VIP, LLC, a Texas limited liability company (“FCV” “Company” or “Event Host”) and the registered participant (“you” or “Participant”). If you are registering on behalf of another individual, it is your responsibility to ensure the person participating is aware of these Terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the Participant aware of these terms and that they have accepted these terms.
You acknowledge and agree that it is your responsibility to review these Terms before registering for The Black Powder XChange or participating in any Offerings. Your decision to register for the Event and/or participate in any Offerings after such modifications are made will constitute acknowledgment and acceptance of the Terms.
The following Terms and Conditions relate to your booking with Flight Club VIP, and yourself (“Event Attendee”) and where applicable shall incorporate the following Booking Terms and Conditions.
A valid passport is required for U.S. Citizens traveling internationally. Visit www.travel.state.gov for specific requirements. If you are not a U.S. Citizen, please check with the consulate of the country to which you are traveling for entry requirements.
2. Refund Policy and Payments
- Refund Policy. Please be advised that this is a non-refundable event. We recommend that travelers purchase travel insurance to protect.
- Payment. All registrants must abide by the payment schedule set forth below. A late fee of $50 will be applied for all balances that go unpaid by the specified dates below. The cost will increase $25 every 5 days that a registrant’s balance goes unpaid.
Payment Due Dates
August 15th – 33% of Registration Fee
September 15th – 33% of Registration Fee
October 23rd (45 days before travel) – Final Payment Due
3. Disruptive Conduct.
You acknowledge and agree that FCV reserves the right, in its sole discretion, to remove you from the Event if it determines that your participation or behavior creates a disruption or hinders the Event or the enjoyment of the Event by other attendees.
4. Media Release
By participating in the Event, you acknowledge and agree to grant FCV the right at the Event to record, film, live stream, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise to disseminate globally, in perpetuity, such media without any further approval from you or any payment to you. This grant to FCV includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.
5. Limitation of Liability, COVID-19 Waiver
Limitation of Liability. Except as required by law, neither Flight Club VIP, nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement. The maximum aggregate liability of FCV for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to FCV under this Agreement.
FCV, and their employees, affiliates, officers, directors, successors, agents, and assigns do not own or operate any entity which provides goods and services for your travel including without limitation, lodging facilities, airline, vessel, motor coach or other transportation companies, guides or guide services, local ground operators, providers or organizers of optional excursions, food service providers, etc. All such persons and entities are independent contractors and are in no way affiliated with FCV. FCV is not liable for any negligent or willful act or failure to act of any travel service provider or of any third party. FCV is not responsible for any injury, loss, death, inconvenience, delay or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strike or other labor activities, criminal or terrorist activities, of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, or any failure of any transportation mechanism to arrive or depart on time. If due to weather, flight schedules or other uncontrollable factors you are required to spend additional night(s), you will be responsible for your own hotel, transfers, and meal costs. Baggage is entirely at owner’s risk. You specifically agree that FCV is not liable for any consequential loss or damage.
Coronavirus Waiver. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The virus spreads through person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air in the form of droplets. Participants can be infected and show no symptoms and therefore spread the disease. There are known vaccines that many of the U.S. population has received to prevent spreading and contracting of the disease. In addition, mask usage and washing of hands are highly encouraged to prevent spread and contracting. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death. FCV, its respective representatives, affiliates, licensees, successors and assigns (collectively and individually a “Released Party”) cannot prevent you or members of your household from becoming exposed to, contracting, or spreading COVID-19 while attending FCV Events. It is not possible to prevent the presence of the disease. Therefore, if you choose to attend FCV Events, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19. Acknowledging such, you release FCV of any liability if you contract COVID-19. You hereby choose to accept the risk of contracting COVID-19 for yourself and/or members of your household in order to attend FCV Events.
Dispute Resolution. Any dispute, controversy or claim arising out of or related in any way to this Amendment, or any services performed hereunder which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the (American Bar Association) in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three (3) arbitrators sitting in Texas. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Texas. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Amendment.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement.
By agreeing to these terms, I agree I am 21+ years of age.