Tandem Flights, Flight Lessons, and Instructional Tuition

Effective Date: August 01, 2024

These Terms and Conditions (“Terms”) are a legal agreement between FlyWithJordan LLC (“FlyWithJordan,” “Company,” “we,” “us,” or “our”) and any customer, student, tandem passenger, purchaser, or the parent or legal guardian of a minor participant (individually and collectively, “Customer,” “you,” or “your”) who books, purchases, or participates in a Service. By booking, purchasing, or participating in any FlyWithJordan Service — whether through flywithjordan.com, by phone, by email, or in person — you agree to be bound by these Terms. If you do not agree, do not book, purchase, or participate.

These Terms govern the commercial and financial terms of our Services. They do not replace, and are supplementary to, the separate Assumption of Risk, Release of Liability, and Indemnification Agreement (the “Waiver”) that every Customer and tandem passenger must read, understand, and sign before participating in any flight activity. Where these Terms and the Waiver overlap on matters of risk, liability, and release, the Waiver controls.

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1. Definitions

1.1 “Services” means tandem paragliding flights, tandem paramotor flights, introductory flights, paragliding and paramotor flight lessons, ground school instruction, and related tuition-based instructional programs offered by FlyWithJordan. Services do not include the purchase of gear, apparel, or other merchandise, which is governed by separate terms of sale.

1.2 “Appointment” means any scheduled tandem flight, lesson, or instructional session.

1.3 “Company Cancellation” means a cancellation, postponement, or rescheduling of an Appointment initiated by FlyWithJordan, including for reasons of weather, wind, site conditions, mechanical or equipment issues, instructor availability, or any other reason at our discretion.

1.4 “Customer Cancellation” means a cancellation or rescheduling request initiated by the Customer for any reason other than a Company Cancellation.

1.5 “No-Show” means the Customer’s failure to appear, ready and able to participate, at the scheduled time and location of an Appointment, without prior notice to FlyWithJordan.

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2. Booking and Payment

2.1 Full payment, or the deposit specified at booking, is due at the time of booking unless otherwise agreed in writing.

2.2 Payments are processed through Wix Payments, which charges a processing fee of approximately 2.9% on each transaction. This fee is ordinarily absorbed by FlyWithJordan as a cost of doing business; however, if a purchase is refunded at FlyWithJordan’s discretion under these Terms, FlyWithJordan reserves the right to deduct the processing fee actually incurred from the refunded amount.

2.3 All prices are subject to change without notice. The price in effect at the time of booking applies to that booking.

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3. Tandem Flights

3.0 Tandem paragliding and paramotor flights are conducted at launch and landing sites in Riverside County and San Bernardino, California, and at other locations as conditions and instructor judgment require.

3.1 No Refunds. All payments for tandem paragliding and tandem paramotor flights are final and non-refundable, except as expressly set forth in Section 3.2 or Section 5 (Discretionary Exceptions).

3.2 Weather and Company Cancellations. If FlyWithJordan cancels or postpones a scheduled tandem flight due to weather, wind, or other safety-related conditions, the Customer may reschedule the flight at no additional charge and may continue to reschedule indefinitely at no charge, subject to Section 3.3. Refunds for a Company Cancellation are issued only at FlyWithJordan’s sole discretion.

3.3 One-Year Booking Window. Tandem flight purchases must be scheduled and flown within one (1) year of the date of purchase. Extensions beyond one year are granted only at FlyWithJordan’s sole discretion and are not guaranteed.

3.4 Customer Rescheduling. (a) A Customer may reschedule a confirmed Appointment at no charge if the request is made more than forty-eight (48) hours before the scheduled Appointment time. (b) A rescheduling request made within forty-eight (48) hours of the scheduled Appointment time is subject to a $20.00 rescheduling fee per flight.

3.5 Same-Day Cancellation. A Customer Cancellation made on the same day as the scheduled Appointment is subject to a $40.00 fee per flight. This fee reflects costs FlyWithJordan has already incurred on the Customer’s behalf, including payment to the driver who provides transportation to launch.

3.6 No-Shows. A Customer who fails to appear for a scheduled tandem flight without prior notice (a No-Show) forfeits the entire amount paid for that flight. No refund, credit, or rescheduling will be offered for a No-Show.

3.7 Customer-Initiated Cancellations. FlyWithJordan does not issue refunds for a Customer’s decision to cancel a tandem flight for reasons other than a Company Cancellation. A Customer may instead request to reschedule in accordance with Section 3.4.

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4. Lessons and Flight Training Tuition

4.1 No Refunds on Tuition. All tuition payments for paragliding and paramotor lessons and instructional programs are final and non-refundable.

4.2 No-Shows. A student who fails to appear for a scheduled lesson without prior notice is subject to a $40.00 no-show fee. This fee may be waived at FlyWithJordan’s sole discretion.

4.3 Weather and Company Cancellations. If FlyWithJordan cancels or postpones a scheduled lesson due to weather or other safety-related conditions, the student may reschedule at no charge. Refunds for a Company Cancellation of a lesson are issued only at FlyWithJordan’s sole discretion.

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5. Discretionary Exceptions

5.1 FlyWithJordan’s general policy is that money paid for Services is not refunded on account of a Customer’s change of mind, change of plans, or personal circumstances. FlyWithJordan may, but is not obligated to, issue a refund or other accommodation in cases it determines, in its sole and absolute discretion, involve good cause. 

5.2 A decision to grant an accommodation, refund, or extension in one instance does not obligate FlyWithJordan to do so in any other instance and does not waive, modify, or set precedent with respect to these Terms generally.

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6. Health, Fitness, and Eligibility

6.1 Tandem flight and flight instruction are physically demanding activities that carry inherent risk. The Customer represents that they have disclosed to FlyWithJordan, prior to booking, any medical condition, physical limitation, pregnancy, or other factor that could affect their ability to safely participate, and that they meet any weight, age, or fitness requirements posted by FlyWithJordan.

6.2 FlyWithJordan reserves the right to refuse or discontinue Services, before or during an Appointment, to any Customer whom its instructors reasonably determine poses a safety risk to themselves, other participants, or staff, including for reasons of weight, apparent intoxication, undisclosed medical conditions, or failure to follow instructor safety directions. A refusal or discontinuation of Services under this Section attributable to the Customer’s own conduct, misrepresentation, or failure to meet posted eligibility requirements is treated as a Customer Cancellation or No-Show, as applicable, and is not eligible for a refund.

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7. Minors

7.1 A participant under the age of eighteen (18) may participate in Paramotor Services only with the advance written consent of, and a Waiver signed by, a parent or legal guardian. FlyWithJordan requires the parent or legal guardian to be present at check-in.

7.2 A booking made on behalf of a minor is subject to all payment, cancellation, rescheduling, and no-show terms in these Terms, which bind the purchasing parent or legal guardian.

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8. Assumption of Risk; Required Waiver

8.1 Paragliding, paramotoring, and related instruction are inherently dangerous activities that can result in serious injury or death. Before participating in any Service, every Customer and tandem passenger (or, for a minor, their parent or legal guardian) must read, complete, and sign FlyWithJordan’s separate Waiver. No Customer will be permitted to fly or receive instruction without a signed Waiver on file.

8.2 Payment of any fee or completion of a booking under these Terms does not, by itself, constitute the Waiver and does not entitle the Customer to participate in a Service until the Waiver has been signed.

8.3 Nothing in these Terms narrows, and nothing in the Waiver is narrowed by, the scope of the assumption of risk, release, and indemnification the Customer separately agrees to in the Waiver.

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9. Photography, Video, and Marketing Release

9.1 FlyWithJordan may photograph or record video of Customers during flights, lessons, and related activities. Unless the Customer notifies FlyWithJordan in writing before their Appointment that they withhold consent, the Customer grants FlyWithJordan a perpetual, royalty-free, worldwide license to use such photographs and video for marketing, advertising, and promotional purposes, including on the FlyWithJordan website and social media accounts, without further compensation to the Customer.

9.2 Photography or videography add-ons purchased as part of a Service (for example, a flight video) are governed by the payment, cancellation, and refund terms applicable to the underlying flight or lesson under Sections 3 and 4.

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10. Payment Processing; Chargebacks

10.1 By submitting payment, the Customer authorizes FlyWithJordan to charge the payment method provided in the amount due for the Services booked.

10.2 Initiating a credit card chargeback or payment dispute for a charge that is valid under these Terms, rather than contacting FlyWithJordan directly to resolve a concern, is a material breach of these Terms. FlyWithJordan reserves the right to contest any chargeback using the Customer’s signed Waiver, booking records, and these Terms; to pursue the amount charged plus any chargeback or dispute fees imposed by its payment processor; and to decline future bookings from a Customer who initiates an unwarranted chargeback.

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11. Limitation of Liability; Disclaimer of Warranties

11.1 TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE SEPARATE WAIVER REQUIRED UNDER SECTION 8, FLYWITHJORDAN’S SERVICES ARE PROVIDED “AS IS,” AND FLYWITHJORDAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 TO THE FULLEST EXTENT PERMITTED BY LAW, FLYWITHJORDAN’S TOTAL LIABILITY TO ANY CUSTOMER ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO FLYWITHJORDAN FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. FLYWITHJORDAN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

11.3 THIS SECTION DOES NOT LIMIT ANY RELEASE OF LIABILITY THE CUSTOMER HAS SEPARATELY AGREED TO IN THE WAIVER, WHICH GOVERNS CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE INHERENT RISKS OF FLIGHT ACTIVITY.

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12. Indemnification

The Customer agrees to indemnify, defend, and hold harmless FlyWithJordan LLC, its owners, instructors, contractors, and agents from and against any claim, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of the Customer’s breach of these Terms, violation of instructor safety directions, or misrepresentation of eligibility to participate in a Service.

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13. Force Majeure

FlyWithJordan is not liable for any failure or delay in performing a Service caused by events beyond its reasonable control, including weather, unexpected traffic delays, natural disaster, wildfire, government restriction, airspace closure, pandemic, or similar events. A cancellation caused by such an event is treated as a Company Cancellation under Section 3.2 or 4.3, as applicable.

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14. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

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15. Dispute Resolution; Binding Arbitration; Class Action Waiver

15.1 Agreement to Arbitrate. Except for claims that qualify for small claims court, the Customer and FlyWithJordan agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court.

15.2 Location. Arbitration will take place in San Bernardino County, California, or another location mutually agreed by the parties, or may be conducted by written submission or videoconference where permitted by the arbitrator.

15.3 Class Action Waiver. All claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party’s claims.

15.4 Opt-Out. A Customer may opt out of this arbitration agreement by sending written notice to flywjordan@gmail.com within thirty (30) days of first accepting these Terms, identifying the Customer’s name and booking and stating an intent to opt out of arbitration. Opting out does not affect the validity of any other part of these Terms.

15.5 Nothing in this Section limits or waives any release, assumption of risk, or liability provision the Customer has separately agreed to in the Waiver.

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16. Venue

To the extent any dispute is not subject to arbitration under Section 15, the Customer consents to the exclusive jurisdiction and venue of the state and federal courts located in San Bernardino County, California.

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17. General Provisions

17.1 Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.

17.2 No Waiver. FlyWithJordan’s failure to enforce any provision of these Terms is not a waiver of that or any other provision.

17.3 Entire Agreement; Modification. These Terms, together with the Waiver and any specific booking confirmation, constitute the entire agreement between the Customer and FlyWithJordan regarding the Services. FlyWithJordan may update these Terms from time to time by posting a revised version on flywithjordan.com. The version in effect at the time of booking governs that booking.

17.4 Assignment. The Customer may not assign a booking or these Terms without FlyWithJordan’s prior written consent. FlyWithJordan may assign its rights and obligations under these Terms in connection with a sale or transfer of its business.

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18. Contact and Notices

Notices to FlyWithJordan under these Terms should be directed to:

FlyWithJordan LLC

5500 Ben Canyon Rd, San Bernardino, California

Email: flywjordan@gmail.com

Phone: 951.901.0995

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19. Acknowledgment

By completing a booking or submitting payment for any FlyWithJordan Service, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions, and understands that a separate signed Waiver is required before participating in any flight activity.

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