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Orbite Astronaut Training Reservation Agreement

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The Orbite Astronaut Training Reservation Agreement (“Reservation Agreement”) is between Orbite Astronaut Training LLC (“Orbite”), a legal entity licensed as a seller of travel in the State of Florida (FLA. SELLER OF TRAVEL REF. NO. ST44086), and the Participant (“Principal Participant”), a person at least 18 years of age who has executed the Reservation Agreement and agreed to abide by the Terms and Conditions (“Ts & Cs”) contained herein.

Orbite agrees to reserve one participation slot for a future Orbite Astronaut Training or Pre-opening Session (“Astronaut Training Session”) operated by Orbite in exchange for the payment of a $5,000.00 USD deposit (“Deposit”). Actual participation in an Astronaut Training Session will be dependent upon signing the Orbite Astronaut Training Agreement (“Training Agreement”) and payment of the remaining balance of the total cost of the relevant Astronaut Training Session (“Remaining Balance”) and other terms and conditions as set forth below.

  1. Additional Participants – The Principal Participant may reserve and pay the $5,000.00 USD deposit for one or more additional participation slots in a future Astronaut Training Session for other individuals (“Additional Participants”). Such Additional Participants must be at least 18 years old, or must be at least 14 years old at the time of the scheduled Astronaut Training Session (as long as the Principal Participant is a parent or legal guardian of any Additional Participant who is younger than 18 years old and will accompany such individual at all relevant times during the Orbite Astronaut Training Session). Any such reservations for Additional Participants will be subject to the Reservation Agreement executed by the Principal Participant.
  2. Deposit –  As a condition to Orbite reserving the number of participation slots for the Principal Participant and any applicable Additional Participants, the Principal Participant shall transmit to Orbite the Deposit amount for each individual as a down payment toward the total cost of a future Astronaut Training Session. The Deposit shall be paid via credit card through the Orbite website at www.orbitespace.com. Any Deposit amount received by Orbite shall be credited towards the Session Cost of the Astronaut Training Session (as ultimately determined by Orbite) for the Principal Participant and any Additional Participants.
  3. Priority – Upon execution of the Reservation Agreement and payment of the Deposit, the Principal Participant and each Additional Participant will be assigned a number in the overall queue for participation in a future Astronaut Training Session. Orbite will release specific dates and Astronaut Training Session program content 30 days prior to the opening of Astronaut Training Session reservations. The specific dates and program content of the Astronaut Training Sessions will be determined by Orbite in its sole discretion, and the dates and program contents are subject to change. Once reservations are open, Principal Participants and any applicable Additional Participants can reserve program slots based on their priority status in the queue. After selecting their program and dates, Principal Participants and any applicable Additional Participants will have five (5) days to sign their Training Agreement and pay the Remaining Balance or they lose their reservation slot(s).

    Orbite reserves the right to deviate from the priority structure in the reservation queue at its sole discretion (and in the event this occurs to the detriment of any Principal Participant, the sole recourse available to a Principal Participant will be the ability to request a Refund of the applicable Deposit). Nothing in this paragraph shall prohibit Principal Participant from waiving its reserved place in the queue for participation in the Astronaut Training Session in order to be assigned, along with any associated Additional Participants, to a later place in the queue (although Orbite is under no obligation to accommodate requests to change a spot in the queue and such waiver may forfeit the ability of the Principal Participant and any associated Additional Participants from participating in an Orbite Astronaut Training Session).
  4. Refund – Prior to paying the Remaining Balance, the Principal Participant shall have the right to request a refund (“Refund”) of the Deposit from Orbite for any reason, and in such circumstances Orbite shall be obligated to fully refund the Deposit to the Principal Participant. THE PRINCIPAL PARTICIPANT HEREBY ACKNOWLEDGES AND AGREES THAT HE/SHE IS PAYING A FULLY REFUNDABLE DEPOSIT FOR THE OPPORTUNITY TO RESERVE ONE OR MORE PARTICIPATION SLOTS IN THE ORBITE ASTRONAUT TRAINING PROGRAM (AND, TO THE EXTENT ELIBIGLE, FOR OTHER MEMBERSHIP PRIVILEGES DESCRIBED FURTHER BELOW) AND THAT HE/SHE SHALL NOT BE ENTITLED TO A RETURN OF ANY PORTION OF THE DEPOSIT AMOUNT AFTER PAYING THE BALANCE OF THE TOTAL ORBITE ASTRONAUT TRAINING SESSION COST.
  5. Founders Club Members Privileges – The first 500 Participants (Principal Participants and any associated Additional Participants) who are covered by an executed Reservation Agreement and on whose behalf any applicable Deposit has been paid will be entitled to be a Founders Club Member (“Founders Club Member”). In the event that any Principal Participant requests a Refund of all or any portion of the Deposit amount or a Refund of any Remaining Balance amount, the Principal Participant requesting the Refund and any Associated Participants will lose their Founders Club Membership privileges.Founders Club Members will be entitled to participate in a suite of privileges provided by Orbite which may include insider access to the latest information about Orbite’s progress; access to press briefings; invitations to exclusive milestone event celebrations; pre-opening events; early Astronaut Training Sessions; and other opportunities that Orbite may decide to provide Founders Club Members in its sole discretion. Some Founders Club Member events/benefits might require an additional fee to be paid, and any travel, hotel or other arrangements associated with participating in any such events are at the Founders Club Member’s sole cost and expense. Additional Participants under the age of 18 may not be able to participate in all privileges and benefits provided to Founders Club Members. The list of privileges and benefits provided to Founders Club Members is subject to change at any time in Orbite’s sole discretion and such privileges and benefits shall have no cash value and are non-transferrable. Cancellation, elimination or limitation of any such privileges and benefits shall not entitle the Participant to any refund, compensation, indemnification of any kind, or reimbursement of any cost or expense incurred by the Participant to benefit from such a privilege or benefit.
  6. Termination – This agreement shall automatically terminate on the earlier of the following:
      • In the event Orbite terminates this Reservation Agreement for convenience via written notice and provides a Refund to the Principal Participant and any applicable Additional Participants;
      • Once the Principal Participant and any applicable Additional Participants request and receive a Refund;
      • Once the Principal Participant and any applicable Additional Participants sign their Training Agreement and pay the Remaining Balance, in which case the future relationship is governed by the terms and conditions of the Training Agreement;
      • In the event Principal Participant fails to sign the Training Agreement and / or pay the Remaining Balance, Orbite’s sole remedy shall be to terminate the right of the Principal Participant and all other Additional Participants to participate in any Astronaut Training Session(s). In the event of such a termination, Orbite shall Refund the applicable Deposit amounts.

    In all termination scenarios outlined above, once the Reservation Agreement is terminated the parties shall have no further rights and obligations under this Reservation Agreement. In any scenario where the Principal Participant receives a Refund of all or any portion of the Deposit amount, the Principal Participant requesting the Refund and any Associated Participants will lose their Founders Club Membership privileges.

  7. Limitation of Liability; No Specific Performance – Principal Participant’s sole and exclusive remedy for Orbite’s failure to provide the Principal Participant or any Additional Participant with the opportunity to participate in an Astronaut Training Session, through no fault of the Principal Participant or any Additional Participant, shall be limited to Refund the Deposit paid on behalf of that Principal Participant or Additional Participant (as appropriate). In no event shall Participants be entitled to specific performance, including, but not limited to, compelling Orbite to place Participants in an Astronaut Training Session or otherwise making equivalent accommodations for such Participants.  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.
  8. Non-negotiability – The reservation slot(s) for any Astronaut Training Session are non-negotiable, may not be exchanged for any cash or other alternative form of value, have no cash value, are not transferable, divisible, permitted to be sold or resold, or offered for sale by the Principal Participant or any of the Additional Participants, and are not for use in conjunction with any other promotion or offer.Founders Club Membership privileges and benefits are non-negotiable, may not be exchanged for any cash or other alternative form of value, have no cash value, are not transferable, divisible, permitted to be sold or resold, or offered for sale by the Principal Participant or any of the Additional Participants, and are not for use in conjunction with any other promotion or offer.
  9. Assignability – The Principal Participant’s right to one or more reservation slots for an Astronaut Training Session under this Reservation Agreement, or their rights to participate in an Astronaut Training Session upon delivery to Orbite of the Remaining Balance, may be assigned by Principal Participant to another person only with the prior written consent of Orbite (which consent may be withheld, conditioned or delayed by Orbite in its sole discretion).
  10. Unauthorized Publicity – Participants represent and warrant that they have not and will not in the future publicize any aspect of the Reservation Agreement (including these T’s and C’s), and the transactions contemplated hereunder, without the prior written consent of Orbite. “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.
  11. Notices – Except as expressly stated to the contrary herein, any notice required or permitted by this Reservation 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 as shown on the Reservation Agreement, or as subsequently modified by written notice to the other party.
  12. Entire Agreement – This Reservation Agreement embodies the entire agreement and understanding between Orbite and Principal Participant and supersedes all prior oral or written agreements and understandings relating to the subject matter hereof.
  13. Governing Law; Arbitration – This Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Florida, excluding that body of law relating to conflict of laws.  Participants and Orbite agree that any controversy, dispute 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 Brevard County, Florida. 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.
  14. Severability – In the event that any court of competent jurisdiction shall determine that any provision, or any portion thereof, contained in the Orbite Astronaut Training Reservation Agreement (including these T’s and C’s) 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 the Agreement (including the T’s and C’s) shall nevertheless remain in full force and effect.
  15. Interpretation – 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.
  16. Headings and Captions – 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.
  17. Use of Definitions; Gender – 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.