iFLY Website Terms of Use

Last Updated: January 22nd, 2020

Welcome, and thank you for your interest in SkyGroup Investments, LLC (“iFLY,” “we,” or “us”) and our website at www.iflyworld.com (“Website”). These Terms of Use are a legally binding contract between you and iFLY regarding your use of the Website. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE iFLY PRIVACY POLICY (TOGETHER, THE “Terms”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Website. These Terms provide that all disputes between you and iFLY will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract,  except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with iFLY.

1. iFLY Website Overview. The Website provides a platform with information about iFLY and the simulated skydiving experiences iFLY offers (“iFLY Experiences”), allows you to search and find iFLY locations, view photos and videos of iFLY Experiences, sign-up for the iFLY newsletter and receive other marketing information, purchase vouchers for and book iFLY Experiences, and fill out iFLY’s flight waiver required to participate in iFLY Experiences. Gift cards and vouchers are not refundable except as required by law.
2. Eligibility. You must be at least 13 years of age to use the Website. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Website; and (c) your registration and your use of the Website is in compliance with all applicable laws and regulations. If you are using the Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
3. Accounts and Registration. To access some features of the Website, you may need to register for an account. If you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that any information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. If you register for an account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at the applicable email address listed in Section 21.
4. Payment. The functionality of the Website may allow you to make purchases through the Website. Before you make any purchases via the Website, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. iFLY will charge the payment method you specify at the time of purchase. You authorize iFLY to charge all sums described at the time of purchase for the product you select, to the payment method specified at the time of purchase. If you pay any fees with a credit card, iFLY may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
5. User Content
   • User Content Generally. Certain features of the Website may permit users to upload content to the Website, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Website. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Website.
   • Limited License Grant to iFLY. By posting or publishing User Content, you grant iFLY a worldwide, non-exclusive, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
   • Limited License Grant to Other Users. By posting or sharing User Content with other users of the Website, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Website.
   • User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
6. You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize iFLY and users of the Website to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by iFLY, the Website, and these Terms; and
7. Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause iFLY to violate any law or regulation.
   • User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. iFLY may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Website you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against iFLY with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, iFLY does not permit copyright-infringing activities on the Website.
8. Digital Millennium Copyright Act
   • DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet Website providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Website, you may contact our Designated Agent at the following address:

SkyGroup Investments, LLC ATTN: Legal Department (Copyright Notification) 6034 West Courtyard Drive, Suite 135, Austin, TX 78730 Email: copyright@iflyworld.com Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of those materials on the Website is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
   • Repeat Infringers. iFLY will promptly terminate without notice the accounts of users that are determined by iFLY to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Website at least twice.
7. Prohibited Conduct. BY USING THE WEBSITE YOU AGREE NOT TO:
   • use the Website for any illegal purpose or in violation of any local, state, national, or international law;
   • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
   • post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
   • interfere with security-related features of the Website, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Website except to the extent that the activity is expressly permitted by applicable law;
   • interfere with the operation of the Website or any user’s enjoyment of the Website, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Website; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any such network, equipment, or server;
   • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Website account without permission, or falsifying your age or date of birth;
   • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material; or
   • attempt to do any of the acts described in this Section 7, or assist, encourage, or permit any person in engaging in any of the acts described in this Section 7.
8. Third-Party Websites and Linked Websites. iFLY may provide tools through the Website that enable you to export information, including User Content, to third party Websites, including through features that allow you to link your account on iFLY with an account on the third party Website, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party Website. Third party Websites are not under our control, and we are not responsible for any third party Website’s use of your exported information. The Website may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
9. Termination of Use; Discontinuation and Modification of the Website. If you have registered for an account, you may terminate your account at any time by contacting iFLY at the applicable email address listed in Section 21. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Website. If you violate any provision of these Terms, your permission from us to use the Website will terminate automatically. In addition, iFLY may in its sole discretion terminate your user account, if applicable, on the Website or suspend or terminate your access to the Website at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Website at any time (including by limiting or discontinuing certain features of the Website), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website.
10. Privacy Policy; Additional Terms
    • Privacy Policy. Please read the iFLY Privacy Policy  carefully for information relating to our collection, use, storage and disclosure of your personal information. The iFLY Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    • Additional Terms. Your use of the Website is subject to all additional terms, policies, rules, or guidelines applicable to the Website or certain features of the Website that we may post on or link to from the Website (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Website, subject to Section 11. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
11. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms and you must accept the modified Terms in order to continue to use the Website. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
12. Ownership; Proprietary Rights. The Website is owned and operated by iFLY. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, Websites, and all other elements of the Website (“Materials”) provided by iFLY are protected by intellectual property and other laws. All Materials included in the Website are the property of iFLY or our third-party licensors. Except as expressly authorized by iFLY, you may not make use of the Materials. iFLY reserves all rights to the Materials not granted expressly in these Terms.
13. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Website (“Feedback”), then you hereby grant iFLY an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Website and create other products and Websites.
14. Indemnity. You are responsible for your use of the Website, and you will defend and indemnify iFLY and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “iFLY Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
15. Disclaimers; No Warranties

THE WEBSITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE iFLY ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE iFLY ENTITIES DO NOT WARRANT THAT THE WEBSITE OR ANY PORTION OF THE WEBSITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE iFLY ENTITIES OR THE WEBSITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE, YOUR DEALING WITH ANY OTHER WEBSITE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE WEBSITE AND ANY ASSOCIATED SITES OR WEBSITES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

16. Limitation of Liability

IN NO EVENT WILL THE iFLY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY iFLY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 19.4(iii), THE AGGREGATE LIABILITY OF THE iFLY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17. Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and iFLY agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Travis County, Texas for the purpose of litigating any dispute. We operate the Service from our offices in the United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
18. General. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and iFLY regarding your use of the Website. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, and 4 through 20, along with the Privacy Policy and any other accompanying agreements, will survive.
19. Dispute Resolution and Arbitration
    • Generally. In the interest of resolving disputes between you and iFLY in the most expedient and cost effective manner, you and iFLY agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND iFLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    • Exceptions. Despite the provisions of Section 1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    • Arbitrator. Any arbitration between you and iFLY will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting iFLY.
    • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). iFLY’s address for Notice is: SkyGroup Investments, LLC, 6034 West Courtyard Drive, Suite 135, Austin, TX 78730. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or iFLY may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or iFLY must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, iFLY will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by iFLY in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
    • Fees. If you commence arbitration in accordance with these Terms, iFLY will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Travis County, Texas, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse iFLY for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    • No Class Actions. YOU AND iFLY AGREE THAT EACH 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, unless both you and iFLY agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    • Modifications to this Arbitration Provision. If iFLY makes any future change to this arbitration provision, other than a change to iFLY’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to iFLY’s address for Notice, in which case your account with iFLY will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    • Enforceability. If Section 6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
20. Consent to Electronic Communications. By using the Website, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
21. Contact Information. The Website is offered by SkyGroup Investments, LLC, located at 6034 West Courtyard Drive, Suite 135, Austin, TX 78730. You may contact us by sending correspondence to that address or by emailing us at the applicable tunnel email address listed below:

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States and the State of Texas.

Who Can Fly

Flyers may be as young as three years of age. There is no upper age limit. All flyers must be in good health and physical condition. In order to provide a safe experience for flyers and instructors, iFLY may not be able to accommodate any flyer who weighs between 260-300 lbs; additional evaluation by an iFLY staff member upon check in will be required to determine whether the flyer can be accommodated. Children under 18 years of age need to have a parent or guardian to sign their waiver. If you have a current or prior head, neck, back or shoulder injury, heart condition, or any other condition that may impede your ability to take part in physical activity or increase the risk of injury, you should not fly. High flights are available to add to the flight experience for flyers who weigh 260 lbs or less. VR is available at select locations for flyers ages 6 to 70 years old, and up to 260 lbs. Participants ages under 12 are limited to one 1 VR flight per day. For more VR restrictions and recommendations please click here. Management reserves the right to refuse service to anyone at any time. Additional restrictions may apply.

Waiver

All flyers must complete the Waiver, a legal contract between the flyer and iFLY. This contract ensures all flyers understand the nature of the sport of body flight, and the risks involved. All information retained on the Waiver is used for this purpose alone and will not be supplied to any other party for any other purpose, except where authorized by the customer. As a legal contract, it must be completed accurately by the flyer or parent/guardian as applicable. A valid, state-issued ID is required, and it will be necessary for us to record the document number for our records. Customers who are concerned about supplying such information for any reason should discuss this with iFLY prior to making any purchase or reservation. Refusal to complete the Waiver will result in the inability to participate and forfeiture of any flight purchases, which are non-refundable. Flyers must bring appropriate identification in order to validate their Waiver. Parents of children under 18 must provide identification to validate their right to execute the contract on behalf of the child flyer.

Reservations

Your reservation time is your scheduled flight time. Guests should arrive at their scheduled reservation time. This means that First Fime Flyers do not need to arrive before their scheduled time, but should not arrive more than 15 minutes after their scheduled arrival time. Return Flyers should arrive no later than 15 minutes after their scheduled arrival time. In order to fly, the customer is responsible for arriving in time to complete necessary paperwork and training and must be:

• In appropriate physical condition
• Unimpaired
• In appropriate clothing, including properly fitting lace-up athletic shoes and clothing that can fit below a jump suit
• With appropriate state identification or passport
• Must complete a Waiver
• Our schedule rarely permits the rebooking of missed appointments.

Rescheduling/Refunds

Flight Rescheduling/Refunds: At least 48-hours prior notice required to reschedule or refund any reservation. Without sufficient notice, reservations are nonrefundable. As a courtesy, iFLY may elect to reschedule such reservations, but shall do so at its sole discretion and may require the payment of an administrative fee. Such reservations may only be rescheduled under the same terms as the original reservation’s pricing and applicable restrictions. Reservations rescheduled within 48-hours of original reservation date are no longer eligible for a refund. Customers with repeated cancellations or no-shows may lose flight privileges. iFLY cannot be held responsible for missed reservations as a result of extenuating circumstances such as transportation, weather, nor any other reason outside of the control of iFLY, nor for expenses related to scheduled reservations. Large Groups and Events: The 48-hour refund policy only applies to groups and events of 5 or less flyers. For reservations with 6 or more flyers booked, a 25% deposit is due at time of booking and final payment is due 14 days prior to the event. Reservations will be cancelled automatically if final payment has not been collected 7 days prior to the event; cancellation penalties will apply. Deposit and remaining balance payments are refundable if cancelled at least 14 day prior to the event. Cancellations less than 14 days prior to the event will forfeit the deposit. Cancellations less than 7 days prior to the event will forfeit the deposit and all other payments made towards the event. As a courtesy, iFLY may elect to reschedule such reservations, but shall do so at its sole discretion and may require the payment of an administrative fee. Such reservations may only be rescheduled under the same terms as the original reservation’s pricing and applicable restrictions. Reservations rescheduled within 14 days of original reservation date will forfeit the deposit. Reservations rescheduled within 7 days of original reservation date will forfeit the deposit and all other payments made towards the event. Customers with repeated cancellations or no-shows may lose flight privileges. iFLY cannot be held responsible for missed reservations as a result of extenuating circumstances such as transportation, weather, nor any other reason outside of the control of iFLY, nor for expenses related to scheduled reservations.Camps and Large Block Reservations Rescheduling/Refund:The 48-hour refund policy only applies to skydivers/experienced flyers for block reservations of less than 2 hours. For reservations with 2 or more hours reserved, or consecutive reservations over a month or more, the cancellation policy is one week in advance for a refund. Camp coaches should provide the final camp schedule to the tunnel coordinator one week before the camp begins. All coaches and organizers are responsible for their booked time. If a student cancels outside of the cancellation window, the coach will not receive a refund. It is recommended that coaches share the cancellation policy with their students when the time is booked. As a courtesy, iFLY may elect to reschedule such cancellations, but shall do so at its sole discretion and may require the payment of an administrative fee. Such reservations may only be rescheduled under the same terms as the original reservation’s pricing and applicable restrictions. Reservations rescheduled within 7 days of original reservation date are no longer eligible for a refund. Customers with repeated cancellations or no-shows may lose flight privileges. iFLY cannot be held responsible for missed reservations as a result of extenuating circumstances such as transportation, weather, nor any other reason outside of the control of iFLY, nor for expenses related to scheduled reservations.

Unexpected Maintenance

Our best effort is made to ensure all reservations can be honored. iFLY is a mechanical device which may occasionally require unexpected maintenance. Reservations cancelled by iFLY may be refunded or rescheduled based on availability and customer preference. Rescheduling of Tunnel Time cancelled by iFly may or may not be available at the rates and/or schedules which are compatible with the customer’s schedule. iFLY will make every effort to reschedule under the same terms wherever possible.

Personal Items and Use of Lockers

Safety of customers, instructors, and the equipment will require all personal items be removed prior to your flights, including any and all jewelry, bags, wallets, coins, papers, tissues; in short, nothing can remain on the flyer’s person except shoes, clothing, and the supplied flight gear. For the convenience of our customers, iFLY provides lockers in which personal items can be stored. iFLY will not be responsible for the loss or theft of any items on the premises, including from the lockers. We encourage our customers to leave all items of value at home or with a trusted spectator during flight sessions.

Flight Time vs. Tunnel Time

Introductory packages for First-Time and Repeat Flyers are measured in Flight Time. The customer will have the opportunity to fly for the amount of time indicated for the particular activity purchased. Time consumed entering and exiting the Flight Chamber from the Staging Area counts as Flight Time. Block Time, Pro Flyer, and Skydiver time are called Tunnel Time. Tunnel time begins when the doors close and ends when the doors open. System start-up, shut-down, and flyer transition time will reduce the amount of useable flight time. Use and sharing of Tunnel Time is the responsibility of the purchaser and/or flyers. iFLY and its instructors and coaches will make every effort to maximize the useable Flight Time but is not responsible for any unusable time. Any disputes regarding the amount of Tunnel Time delivered must be made in writing, and iFLY will make every effort to review complaints using the video recording system. In the event that the complaint is determined to be valid, iFLY will compensate the purchasers/and or flyers by with additional Tunnel Time and/or a partial refund at its sole discretion. In the event the complaint is invalid, the complainant will be responsible for an administrative review fee. A complaint is considered valid if Tunnel Time delivered is more than five seconds less than the Tunnel Time purchased, according to the video recording.

Accuracy of Pricing and Online Bookings

We do our best to provide accurate pricing information in our advertisements, web site, quotes, and online booking system. All sales are subject to current pricing and review by management. Sales made at incorrect prices, whether fault of the customer, representative of iFLY, or computer system error, will not be honored.

Customer Responsibilities

It is the customer’s responsibility to retain all information related to Credit on Account (including Gift Certificates, Gift Cards, Flight Passes, Flight Cards) and/or the associated serial numbers as applicable. Please treat these items as if they were cash. Lost items and/or serial numbers cannot be replaced or redeemed. Customer is responsible for the use of their personal information with regards to setting, changing, or cancelling reservations. Customer is advised to safeguard any computer login information, passwords, gift certificates, gift certificate codes, or any other identifier that is linked to their customer account and/or reservations. Use of any of the information the book, change, or cancel any reservations by the customer or any other person, is the responsibility of the customer.

Credit on Account

iFLY does not issue credit on account. Voided credits, due to loss in the mail, cancelled sale, or incomplete payment have no value and will not be honored under any circumstances. Charge-backs, stopped checks, or any other invalid or incomplete payment will result in the voiding of the corresponding purchase(s).

Shipping Policy

All shipped orders will be sent via the United States Postal Service First Class Mail unless otherwise stated or selected during the order process. iFLY cannot be responsible for undelivered or delayed mail.

Refund Policy

Purchases of flight time, gift cards/certificates/passes for flight time, and digital recordings of flights are non-refundable unless otherwise specified in the terms of a particular offer. Unopened merchandise in new condition may be returned for a refund within 15 days of purchase. Special order items are non-refundable. Refunds of credit/debit card purchases will be refunded to the same credit/debit card. Cash purchases will be refunded by check via US mail within 15 days of the return.

HOLIDAY GIFT VOUCHERS TERMS & CONDITIONS:

The Exclusive Gift

Terms. Valid at participating US iFLY locations. Must be purchased by 1/2/23. May begin redeeming flights on 1/2/23. Annual holiday black-out periods apply. Redeemable for up to 2 flyers per reservation. Not valid on group packages, previous purchases, exchanges, special orders or gift cards. Voucher cannot be combined with other iFLY offers or discounts. High Flight option is only available for flyers who weigh 260 lbs or less. Voucher does not expire. Not redeemable for cash unless required by law. Waiver is required for all Flyers.  For additional Terms and a list of participating locations see: (iFLYworld.com/terms). Purchase, use or acceptance of this Voucher constitutes acceptance of Terms.

The Elevated Gift

Terms. Valid Sunday – Friday, at participating US iFLY locations. Blackouts on Saturday apply. Must be purchased by 1/2/23. May begin redeeming flights on 1/2/23. Annual holiday black-out periods apply. Redeemable for up to 2 flyers per reservation. Not valid on group packages, previous purchases, exchanges, special orders or gift cards. Voucher cannot be combined with other iFLY offers or discounts. Voucher does not expire. Not redeemable for cash unless required by law. Waiver is required for all Flyers.  For additional Terms and a list of participating locations see: (iFLYworld.com/terms). Purchase, use or acceptance of this Voucher constitutes acceptance of Terms.

The Essential Gift

Terms. Valid Monday – Friday, at participating US iFLY locations. Blackouts on Saturday and Sunday apply. Must be purchased by 1/2/23. May begin redeeming flights on 1/2/23. Annual holiday black-out periods apply. Redeemable for 1 flyer per reservation. Not valid on group packages, previous purchases, exchanges, special orders or gift cards. Voucher cannot be combined with other iFLY offers or discounts. Voucher does not expire. Not redeemable for cash unless required by law. Waiver is required for all Flyers.  For additional Terms and a list of participating locations see: (iFLYworld.com/terms). Purchase, use or acceptance of this Voucher constitutes acceptance of Terms.

Annual Holiday Black-out Periods: The Exclusive Gift, The Elevated Gift, and The Essential Gift packages are not valid in the following future holiday timeframes: 11/3/2022-1/1/2023, 11/2/2023-1/1/2024, 11/4/2024-1/1/2025, 11/3/2025-1/1/2026. See: (iFLYworld.com/terms) for additional Terms and annual holiday blackout periods.

Contact Us

Please contact us at copyright@iFLYWORLD.com if you have any questions, comments, or concerns.