Participation Agreement

Game Day Private Jets - Public Charter Program

IMPORTANT: When you purchase a seat on a Game Day Private Jets flight, a contract is formed between you ("Participant" or "Passenger") and Game Day Private Jets LLC ("Game Day Private Jets" or "GDPJ"). Please read this entire agreement carefully before booking.

1. General

1.1 When you purchase a seat on a Game Day Private Jets flight, a contract is formed between you ("Participant" or "Passenger") and Game Day Private Jets LLC ("Game Day Private Jets" or "GDPJ").

1.2 Game Day Private Jets serves as the Public Charter Operator pursuant to 14 CFR Part 380 (Public Charters). GDPJ's mailing address is 5826 New Territory Blvd, PMB 972, Sugar Land TX 77479.

1.3 Game Day Private Jets is not a direct air carrier and does not operate aircraft. GDPJ acts as the Public Charter Operator for the Public Charter Program. Air transportation is performed by properly licensed direct air carriers operating under applicable FAA authority, including 14 CFR Part 135, as applicable.

1.4 Game Day Private Jets is not affiliated with any sports teams, universities, leagues, trademark holders, or athletic conferences unless expressly stated in writing. Tickets to sporting events or ground transportation are not included unless explicitly specified by GDPJ in writing.

1.5 Event Changes. Unless expressly stated in writing by GDPJ, sporting event tickets, tailgate access, hospitality, and other event-related benefits are not included in the purchase price. GDPJ is not responsible for event cancellation, postponement, venue changes, weather delays, kickoff time changes, team participation changes, broadcast-driven schedule changes, or ticketing issues. A change to the underlying sporting event does not constitute a cancellation or major change of the charter flight unless the flight itinerary itself changes in a manner that qualifies as a major change under this Agreement.

2. Reservations and Payments

2.1 Reservations and payments are made directly through Game Day Private Jets. Full payment must be received before a reservation is confirmed.

2.2 Payments are deposited into GDPJ's Public Charter escrow account maintained in accordance with 14 CFR Part 380 at The Huntington National Bank.

2.3 Passenger payments are additionally protected pursuant to a security agreement with ACSTAR Insurance Company located at 30 South Road, Farmington, CT 06032 ("Securer"). Unless Passenger files a qualified claim with Game Day Private Jets, or if GDPJ is not available, with the Securer, within 60 days after completion of the charter flight (or in the case of cancellation, the intended date of Passenger's charter flight arrival), the Securer will be released from all liability to Passenger under this agreement. If there is no return flight in Passenger's itinerary, completion shall mean the date or intended date of departure of the last flight in Passenger's itinerary.

2.4 Unless otherwise stated in the applicable itinerary, booking confirmation, or written program description, the price quoted by GDPJ includes air transportation only. Ground transportation, event tickets, hospitality, merchandise, catering, and other ancillary services are included only if expressly stated in writing by GDPJ.

2.5 Ground Transportation. Ground transportation, if included in the applicable itinerary, booking confirmation, or written program description, is provided by independent third-party providers and is subject to availability, traffic, weather, law enforcement restrictions, stadium rules, parking access, and operational conditions. Vehicle type, capacity, and amenities may vary.

2.6 For telephone sales only, if Passenger paid with a credit card, GDPJ will send Passenger this agreement within 24 hours of accepting payment by credit card. Passenger must sign and return a copy of this agreement upon receipt. Passenger may request and receive a refund up until the time this agreement is signed. To obtain a refund, Passenger must notify Game Day Private Jets in writing. Upon receipt of the refund request, GDPJ will issue a refund within 14 days after Passenger's cancellation.

2.7 Game Day Private Jets shall not increase the price of the trip to Passenger less than ten (10) days before departure.

3. Air Transportation

3.1 Flights arranged by Game Day Private Jets are operated by Corporate Flight Management, Inc. (d/b/a Contour Aviation) or other FAA-certificated direct air carriers operating under Part 135. The direct air carrier retains full operational control of the aircraft and flight crew. The name of the direct air carrier, the dollar amounts of that carrier's liability limitations for passenger baggage, the type and capacity of the aircraft to be used for the flight will be provided to Passenger with Passenger's booking confirmation.

3.2 Aircraft type, routing, and schedule may change due to operational considerations, including weather, air traffic control restrictions, or aircraft maintenance.

3.3 Flight departure and arrival times are estimates only and are not guaranteed.

3.4 In the event that any of the changes listed in paragraphs 3.2 and 3.3 occur, Passenger acknowledges that Game Day Private Jets is not liable for any costs incurred by Passenger as a result of the change(s). Passenger also acknowledges they are not entitled to a refund of any amount for the price paid for the charter, or any incidental or consequential costs, including hotel, meals, parking, rental car, missed connection, lost ticket, or lost event expenses incurred, as a result of a non-major change.

3.5 Passenger may cancel and shall receive a full refund upon request for the price paid for the charter for any "major change(s)" in itinerary or price. A "major change" is defined as:

• (1) A change in the departure or return date shown in the Passenger's itinerary, unless the change results from a flight delay of less than 48 hours. Any delay of more than 48 hours will be considered a major change.
• (2) A change in the origin or destination city shown in the Passenger's itinerary for any flight leg.
• (3) A price increase to the Passenger that occurs 10 or more days before departure and results in an aggregate price increase of more than 10 percent.

3.6 Game Day Private Jets reserves the right to increase the price of the trip 10 or more days before departure.

3.7 Game Day Private Jets shall notify Passenger of any major change as soon as possible. If GDPJ first knows of a major change 10 or more days before scheduled departure, GDPJ will notify Passenger of the change within 7 days after first knowing of it, but in any event at least 10 days before scheduled departure.

3.8 Tickets issued for Public Charter flights are not transferable to other airlines or other flights outside the charter program.

3.9 To ensure compliance with FAA safety regulations, the direct air carrier may request passenger weight information and may adjust seating assignments to maintain proper aircraft weight and balance.

4. Check-In

4.1 Passengers must check in at least sixty (60) minutes prior to scheduled departure. Passengers not present thirty (30) minutes before departure may be considered a no-show and their seat may be reassigned without refund.

4.2 Passenger identification must match the flight manifest exactly. Passenger will not be permitted to check in, and the direct air carrier may deny boarding, if the identification provided does not match the information on the manifest.

4.3 Neither Game Day Private Jets nor the direct air carrier are liable for costs incurred as a result of denied boarding due to failure to successfully check in.

5. Cancellation

5.1 Passenger-Initiated Cancellation. Passenger may cancel a confirmed reservation more than sixty (60) days before the scheduled departure date and receive a refund of amounts paid, less a $200 Voluntary Early Cancellation Fee per seat. Passenger cancellations made sixty (60) days or less before the scheduled departure date are non-refundable, except as expressly provided in this Agreement.

5.2 Substitution Refund Right. If Passenger wishes to cancel, Passenger will receive a full refund of the amount paid for the charter, less a $25 administrative fee, if Passenger provides a substitute passenger accepted by Game Day Private Jets, or if Passenger is substituted by a passenger found by GDPJ or its sales agent. GDPJ reserves the right to reject any proposed substitute passenger in its sole discretion.

5.3 Refund Timing. Upon receipt of a cancellation or refund request, GDPJ will issue any refund owed within fourteen (14) days after Passenger's cancellation, GDPJ's cancellation, acceptance of a substitute passenger, or other event giving rise to the refund obligation, as applicable, except where a different refund timing is expressly stated in this Agreement or required by applicable law.

5.4 Game Day Private Jets may not cancel the charter less than ten (10) days before the scheduled departure date, except for circumstances that make it physically impossible to perform the charter trip.

5.5 If a charter is cancelled by GDPJ ten (10) or more days before the scheduled departure date, Game Day Private Jets will notify Passenger in writing within seven (7) days after the cancellation, but in any event at least ten (10) days before the scheduled departure.

5.6 If a charter is cancelled by GDPJ less than ten (10) days before departure (i.e., for circumstances that make it physically impossible to perform the charter trip), Game Day Private Jets will communicate this information to Passenger as soon as possible.

5.7 If a charter is cancelled by GDPJ, a refund will be made to the Passenger within fourteen (14) days after the cancellation.

5.8 If Game Day Private Jets notifies Passenger of a major change as defined in paragraph 3.5 above, Passenger may cancel and receive a full refund within fourteen (14) days if Passenger notifies GDPJ of cancellation in writing within seven (7) days after receiving a pre-departure notification of a major change but in no event later than departure.

5.9 Upon a post-departure notification of a major change by GDPJ, Passenger may reject the change and be sent, within fourteen (14) days after the return date in Passenger's itinerary, a refund of the portion of Passenger's payment allocable to the unused portion of Passenger's itinerary.

6. Passenger Information

6.1 Passengers must provide information required by the direct air carrier's TSA security program including full legal name, date of birth, and gender. Passenger information must match government-issued identification. Without successful TSA clearance, the direct air carrier may deny boarding.

6.2 Passenger is required to present a REAL ID compliant form of identification or a passport to successfully check in for a flight. Passenger acknowledges that the direct air carrier may have additional passenger identification requirements that must be met to successfully check in and board a flight. Passenger will be notified of any such requirements in advance of a flight and understands that failure to comply with any identification requirements may result in check-in and boarding being denied.

7. Baggage

7.1 Each passenger may bring one checked bag up to 66 lbs and one small carry-on item such as a standard soft-sided backpack or purse. Oversized baggage may be refused due to aircraft limitations.

7.2 Baggage Loss, Delay, or Damage. Baggage transportation is subject to the direct air carrier's applicable baggage policies, conditions of carriage, and liability limitations, which will be provided to Passenger with booking confirmation or otherwise made available before travel. GDPJ is not responsible for loss of, damage to, or delay in delivery of baggage, except to the extent required by applicable law. Any responsibility of the direct air carrier for baggage loss, delay, or damage is governed by the direct air carrier's applicable baggage policies, conditions of carriage, and liability limitations. Passengers should not pack valuables, medication, travel documents, fragile items, electronics, jewelry, cash, or irreplaceable items in checked baggage.

8. Aircraft Damage

8.1 Passengers may be liable for damage to aircraft interiors, furnishings, equipment, vehicles, facilities, or other property caused by Passenger or Passenger's guests. Reasonable cleaning, repair, replacement, diversion, delay, or operational costs may be charged to Passenger. Passenger authorizes GDPJ to charge the payment method on file for such costs after providing reasonable notice and supporting documentation, unless immediate payment is required by the direct air carrier or service provider.

9. Personal Property

9.1 Game Day Private Jets and the direct air carrier are not liable for personal belongings left on the aircraft, within airport terminals, or at FBO facilities.

9.2 Passengers are responsible for retrieving all belongings prior to leaving the airport facility.

10. Identification and Travel Documents

10.1 Passengers must present valid government-issued identification and any required travel documentation. Game Day Private Jets and the direct air carrier reserve the right to deny boarding to Passenger if Passenger fails to present the required travel documents for the scheduled itinerary.

10.2 Passengers are responsible for compliance with all applicable laws and regulations related to travel.

11. Independent Contractors

11.1 Direct air carriers and other service providers used in connection with trips are independent contractors and are not agents, employees, or representatives of Game Day Private Jets. GDPJ shall not be liable for the acts or omissions of independent contractors.

12. Limitation of Liability

12.1 Game Day Private Jets shall not be liable for indirect, incidental, or consequential damages, including loss of revenue, loss of use, or anticipated profits. Passenger understands and agrees that GDPJ is not liable for any claims arising out of or in connection with the services of the direct air carrier, any of its partners and affiliates, or any third-party provider of goods or services.

13. Indemnification

13.1 Passenger agrees to indemnify and hold harmless Game Day Private Jets, direct air carrier, and their respective officers, employees, and agents from claims, damages, liabilities, or expenses arising from Passenger conduct, including damage to aircraft or injury to other passengers or crew.

14. International Carriage

14.1 International flights are subject to the Warsaw Convention or the Montreal Convention governing international carriage by air which may limit liability for injury, death, or baggage delay, damage, or loss.

15. Force Majeure

15.1 GDPJ shall not be liable for indirect, incidental, or consequential damages caused by events beyond its reasonable control, including weather, mechanical issues, air traffic control restrictions, airport closures, strikes, pandemics, governmental actions, security events, civil unrest, or other force majeure events. Nothing in this Section limits any refund right expressly required under this Agreement or applicable law.

16. Insurance

16.1 It is the sole responsibility of the direct air carrier to maintain liability insurance coverage. Trip cancellation, health, and accident insurance is available for purchase by all passengers from third parties. Details of possible third-party vendors of this insurance will be provided to Passenger by GDPJ upon request.

17. Media and Marketing

17.1 Passenger acknowledges that photographs or video may be captured during the travel experience, including at aircraft, airport, ground transportation, and event-related locations. Passenger grants GDPJ permission to use images or video in which Passenger appears incidentally in website content, social media posts, email communications, recap materials, public relations materials, and general marketing content, without compensation. GDPJ will not knowingly use Passenger's name, testimonial, posed individual likeness, interview, or image as the primary feature of a paid advertisement, endorsement, sales presentation, or other promotional campaign without additional consent. For minors, GDPJ may require consent from a parent or legal guardian before using any identifiable image, name, testimonial, or posed likeness for promotional purposes.

18. Conditions of Carriage

18.1 Passenger acknowledges that direct air carriers contracting with Game Day Private Jets for transportation may have their own conditions of carriage. The conditions of carriage of the direct air carrier are incorporated herein, and Passenger agrees to comply with all requirements in the direct air carrier's conditions of carriage.

18.2 In addition to the direct air carrier's conditions of carriage, Passenger agrees to the following Game Day Private Jets conditions of carriage:

(a) Passenger Conduct. (i) Passengers must comply with all instructions given by the flight crew. (ii) Passenger may be denied boarding without refund if Passenger appears intoxicated, impaired, disruptive, threatening, unsafe, or unable to comply with crew instructions. Alcohol consumption before boarding does not excuse Passenger's failure to comply with crew, TSA, FAA, direct air carrier, or GDPJ requirements. (iii) If Passenger's conduct results in a diversion, delay, or operational disruption, Passenger may be liable for associated costs including, but not limited to, landing fees, fuel, crew time, and other operational expenses.

(b) FAA and TSA Requirements. Passengers must comply with all FAA and TSA regulations regarding prohibited items and security requirements.

(c) Prohibited Items. The following items are strictly prohibited on all flights: (i) Firearms; (ii) Ammunition; (iii) Knives or edged weapons; (iv) Explosives; (v) Fireworks, flares, or pyrotechnics; (vi) Tasers or stun guns; (vii) Clubs, batons, brass knuckles, or similar weapons; (viii) Hazardous chemicals or materials; (ix) Any item prohibited by TSA or FAA regulations. Passengers arriving with prohibited items may be denied boarding without refund.

(d) Illegal Activity. Game Day Private Jets maintains a zero-tolerance policy regarding illegal drugs or smuggling. Passengers engaging in illegal activity may be denied boarding or removed from the aircraft.

(e) The direct air carrier reserves the right to refuse alcohol service to any passengers who appear intoxicated.

(f) Animals. (i) Pets and emotional support animals are not permitted on flights arranged by Game Day Private Jets. (ii) Passengers traveling with a service animal may do so in accordance with the Air Carrier Access Act and the U.S. Department of Transportation's rules providing accommodations for passengers with disabilities (14 CFR Part 382).

(1) Passengers traveling with a service animal are encouraged to notify Game Day Private Jets as early as possible. If permitted by applicable law and the direct air carrier's policies, Passenger may be required to provide up to forty-eight (48) hours' advance notice and submit applicable DOT service animal documentation when the reservation is made more than forty-eight (48) hours before departure. If Passenger's reservation is made less than forty-eight (48) hours before departure, Passenger may be required to submit applicable documentation at the departure gate or other designated check-in location on the date of travel.

(2) Service animals must remain under the control of the Passenger at all times and may not obstruct aisles or emergency exits.

(3) Passengers are responsible for any damage or cleaning costs caused by a service animal.

(4) GDPJ and the direct air carrier will make reasonable efforts to accommodate service animal requests consistent with applicable law, safety requirements, aircraft limitations, and the direct air carrier's policies.

18.3 If the direct air carrier contracting with Game Day Private Jets for transportation does not have conditions of carriage, the requirements in paragraph 18.2 shall function as the conditions of carriage for the trip.

19. Governing Law

19.1 This Agreement shall be governed by the laws of the State of Texas with venue in Harris County, Texas.

19.2 Passenger's rights and remedies set forth in this agreement shall be in addition to any other rights or remedies available under applicable law, provided Passenger's acceptance of a refund constitutes waiver of any additional remedies available to Passenger.

20. Severability

20.1 If any provision of this Agreement is deemed unenforceable, the remainder of the Agreement shall remain in full force and effect.

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