- Spaceport Houston Club (herein after referred to as 'SPACEPORT', "we", "us", "our") is a members' club that provides a platform connecting members with aviation facilities available at participating members.
- These terms and conditions (the 'TERMS') govern your SPACEPORT membership and are made between you (the "MEMBER", "you", "your"), and Spaceport Houston LLC, a company registered in Texas and having its registered address at 11200 Blume Avenue, Houston, TX 77034 (SPACEPORT). As a SPACEPORT member, you agree to be bound by these terms.
2.1. In these terms, the following words shall have the following meanings:
2.1.1. Booking means a booking made by a member through the Site to use a partner facilities at a particular time and date.
2.1.2. Facilities means the aviation facilities available for use by members at partner members and listed on the Site.
2.1.3. Fee means the current annual or monthly Spaceport membership fee which is detailed on the Site.
2.1.4. Guest(s) means a member's friend or family member who is invited by the member to use the facilities, together with the member, as part of a booking.
2.1.5. Member(s) means a member of the Spaceport Club.
2.1.6. Passes means an access code which is generated following a booking and which you must present on arrival at a partner hotel in order to gain access to facilities.
2.1.7. Partner means the participating location, leisure facility or specialist fitness facility whose facilities are listed on the Site.
2.1.8. Site means, together, the Spaceport website www.Spaceportx.org and/or the Spaceport mobile application, where you can register to become a member and make bookings.
3.1.1. You must be 18 years or older to be a member. In order to become a member and make bookings, you must pay for and create an account. Once created, you can update or change your personal and payment details in Spaceportx.org at any time. Any information you provide to us must be accurate, complete and up-to-date and you agree to update such information as needed. You are responsible for all activities that occur under your account.
3.1.2. You must treat any usernames or passwords associated with your Spaceportx account as confidential and not disclose them to any third party.
3.2. Membership levels
You may choose from a selection of levels of membershi. You will be entitled to all the rights and privileges exercisable for the level of membership which you have selected. We will issue you with a Spaceport membership card which displays your chosen membership level. You may not transfer your membership to anyone else.
3.3. Membership period
Your membership commences as soon as you have registered as a member on the Site. Membership is valid for 12 months (the Annual term) and will automatically renew each year on the anniversary of registration, unless your membership is terminated in accordance with these terms. A monthly membership subscription is charged to all members. Upon cancellation, the membership will be terminated the following month/billing cycle.
3.4.1. A certain number of passes are included in your membership. The number of passes varies according to the type of membership you have. Passes remain valid for the annual period of the membership. Once purchased, passes cannot be refunded or exchanged for cash.
3.4.2. If you have used all of the passes that are included in your membership, you can purchase more passes in Spaceportx.org. Your guests may only use the facilities if they are accompanied by you. Guests must be 18 years or older, unless clearly stated otherwise in the partner listing on the Site.
Membership fees & charges
4.1. The fee varies according to membership level, and also according to membership length (yearly or monthly).
4.2. The fee for annual membership is payable in full up front at the time of registration and on each anniversary of the date of registration, provided that membership has not been terminated in accordance with these terms. For members who choose to subscribe on a monthly basis, the fee is payable monthly, provided membership has not been terminated in accordance with these terms.
4.3. The fee is payable by debit or credit card and will be deducted using the payment type selected during the membership registration process. Any changes to payment details must be done at least 72 hours before any payment is due to us.
4.4. If for any reason your selected payment method is unsuccessful, we will send you an email informing you of this. You will have 72 hours to log on to Spaceportx,org and make a successful payment before your membership is suspended. If your membership is suspended, you will be required to make payment within 21 days of the suspension in order to reactivate access to your membership. If you do not make payment within this 21-day time period, your account will automatically terminate. If you want to re-join, you will be required to re-register as a member.
Member authorizes Spaceport Houston club to charge chosen membership fee (USD) in the amount listed for subscription signed up for or products with the credit card number provided during signup. Member agrees to pay for these purchases in accordance with the issuing cardholder agreement.
5.1.CANCELLATION BY YOU
5.1.2. You have the right to cancel these terms anytime for any reason. The cancellation period will be based on a 30 day billing cycle for which you registered to become a member on the Site. To cancel these terms, please complete the cancellation information below, and send it by email to us at info@Spaceportx.org. To meet the cancellation deadline, you must send your communication of cancellation before the next billing period.
email : info@Spaceportx.org
I………………….hereby give notice that I………………….cancel my contract of sale of the following for the provision of the following service: Spaceport membership.
Ordered on (insert date on which you registered for Spaceport membership):
Your membership number:
5.1.3. If you cancel this contract, your cancellation will occur 30 days after the last billing cycle.
5.1.5. Cancelling annual membership:
5.1.6. You can cancel your membership at any time during the annual term. You will not be entitled to a refund of the fee or any part of the fee.
5.1.7. If you do not wish to automatically renew your membership in any year, you must email us at info@Spaceportx.org
5.1.8. Cancelling monthly membership
5.1.9. You can cancel your monthly membership at any time during the membership.
5.1.10. You will remain liable for any bookings you have made prior to cancelling your membership.
5.2.CANCELLATION BY US
5.2.1. We shall have the right, immediately and without notice, to block, restrict, suspend or terminate your membership, if, in our sole opinion, you are in breach of any of the provisions of these terms. Any unused time will be refunded at paid (i.e. pro rata) value.
6.1. You agree to comply with (and where applicable, you shall procure that any guests comply with):
6.2. Any applicable partner hotel terms and conditions relating to the use of the facilities. It is your responsibility to read and understand any such terms and conditions. You accept that partner hotel terms and conditions may be subject to change.
6.3. These terms, a current copy of which is always available on the Site. We may revise these terms at any time on notice to you. Continued participation by you as a member shall be deemed acceptance by you of any revised terms and conditions.
7.1. When you make a booking, a pass is generated. Each pass is valid solely for the member (and any permitted guests), for one visit, at the chosen Partner in accordance with the booking and any applicable partner hotel terms and conditions.
7.2. You may be asked to present valid photo identification or your Spaceport membership card upon arrival at the partner hotel. A failure to do so may result in the partner hotel refusing you admission.
7.3. As a member, you will have the same rights in relation to use of the facilities at the Partner as a Partner’s normal guest, member or customer.
7.4. Members may cancel bookings up until midnight the day before the booking is scheduled, without penalty and for a full refund. Cancellations of bookings made after this time are non-refundable.
8.1. In respect of any and all personal data you provide to us as part of your membership, we will be the data controller for the purposes of data protection law. We agree to comply with the principles of data protection law and our obligations there under. You agree that we may share (i) your personal data with partner members for the purpose of facilitating your bookings, and (ii) membership usage data with the company through which your membership was made available, for the sole purpose of improving our service to you. You further agree that we may use the contact details provided by you to communicate with you in relation to your membership. For more information on how we use your personal data, please see our privacy and cookies policy.
8.2. The use of the Facilities and Site involves the electronic transmission of personal data through third party connections. We do not operate or control these connections and cannot guarantee the privacy or security of these data transmissions.
8.3. We may use the information you provide to us to update you on our latest deals and promotions via email or phone. If you do not want to receive marketing communications from us, please notify us at info@Spaceportx.org.
Liability and indemnity
9.1. We do not operate the facilities at the Partner and will not be liable for:
9.1.1. The security, safety or appropriateness of the facilities.
9.1.2. The accuracy of any content or material which is listed on the Site in relation to partner members' facilities (including in relation to description or availability of facilities, opening hours, location or contact details), or any reliance placed by you on such content or material.
9.2. Any direct, indirect or consequential loss, injury, damage or inconvenience you may suffer as a result of:
9.2.1. The act or omission of any partner hotel or any failure of the partner hotel to perform or comply with the terms of any booking.
9.2.2. Your use of the facilities (or any other activity you undertake) at the partner hotel.
9.2.3. Your inability or incapacity (for whatever reason, including without limitation, ill or unfit health) to use the facilities.
9.3. You agree that you are fully aware of any and all risks and hazards associated with participation and use of the facilities. To the fullest extent permitted by law, you hereby release, hold harmless, and forever discharge Spaceport, Partner, and each of our employees and agents, from any and all liability in relation to bookings, use of facilities and travel to and from partner members to avail of facilities.
9.4. We will not be liable for any direct, indirect or consequential loss or damage incurred by you in connection with the Site or the making of bookings by you on the Site, including, without limitation: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. releases and indemnifies SHC from all claims, causes of action, damages, and injuries growing out of Student’s mental or physical in-capacities or conditions. Members shall always observe and conform to Spaceports’ and the FAA’s rules and regulations
9.5. Nothing in these terms shall exclude our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
Interruptions in our service
Whilst we take every care to maintain the continuity of the Site and facilities, the internet and weather is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability for any downtime, or your inability to make bookings as a result, and you agree that we shall have no obligation or responsibility to operate the Site or any particular part of it.
All title, rights and interest in any copyright, database rights, trademarks and design rights and any other intellectual property rights ("Intellectual Property") in the Site and facilities are and shall remain the property of Spaceport, or our licensors. You may download material from the Site for the sole purpose of making or facilitating a Booking. You shall not copy, transmit, modify, republish, save, pass off or link to any content or material on the Site.
Compliance with applicable law
You shall comply with all laws, regulations, rules, orders or other legislative provisions which are applicable to you in connection with these terms.
Law & jurisdiction
These terms are governed by law of Texas, and the courts of Texas will have exclusive jurisdiction over any claim arising out of or in connection with them or their subject matter, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
Events beyond our control
We will not be in breach of these terms, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other disputes, breakdown of systems or network access, flood, fire, explosion or accident.
These terms shall contain all the terms agreed between you and us regarding their subject matter and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
If and to the extent that any provision of these terms is held to be illegal, void or unenforceable, such provision shall be given no effect and shall be deemed not to be included in these terms but without invalidating any of the remaining provisions in these terms.
School and Flight Waiver
No delay or failure by us in enforcing any of these terms and no partial exercise by us of any right hereunder shall be deemed to be a waiver of any right we may have under these terms.
This agreement is between Spaceport Houston LLC, a Texas limited liability corporation (hereafter referred to as “SHC”) and member accepting terms and conditions, a natural person with address specified on the registration/credit card page herein. The agreement is:
I acknowledge that any aircraft rental & flight operations provided by SHC (“OPERATIONS”) involves the possibility of physical injury or death and/or damage to property.
In consideration of participating in OPERATIONS, I hereby state the following:
a) I WAIVE, RELEASE AND DISCHARGE SHC and any of its officers, employees, representatives, or agents (hereafter referred to as “PARTIES”) from all claims, losses, or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, or damage of any kind, including economic losses which may arise because of my participation in OPERATIONS. To the extent possible by law, I hereby waive, release and discharge the PARTIES notwithstanding their own negligent acts or omissions or the negligent acts or omissions of others.
b) I agree that I will not bring any action or claim against any of the PARTIES hereby released for any reason associated with OPERATIONS or any activity related to OPERATIONS or within aircraft or airport facilities.
c) I INDEMNIFY AND HOLD HARMLESS the Parties hereby released from all claims made or liabilities assessed against them because of my participation in OPERATIONS.
Photograph, Video, and Social Media Release.
a) I hereby grant SHC and its’ associated services the irrevocable right and permission to use any photographs, video recordings, or other media of me on HSC’s and others’ websites, social media websites, or in publications, promotions, promotional flyers, marketing materials, derived works, or for any other similar purpose without compensation to me.
b) I understand and agree that such any photographs, video recordings, or other media entries of me may be placed on the internet. I also understand and agree that I may be identified by name. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain SHC’s property.
c) I hereby release, acquit and forever discharge PARTIES from all claims, demands, rights, promises, damages and liabilities arising out of the use or distribution of said photographs, video recordings, or other media including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER. I HAVE READ THIS DOCUMENT AND I UNDERSTAND ITS CONTENTS. I ACKNOWLEDGE THE POSSIBLE HAZARDS IN THE USE OF AIRCRAFT, AND I AM FULLY AND VOLUNTARILY WAIVING ALL CONSIDERATION OF THE RIGHTS I AM WAIVING. THIS WAIVER IS IN CONSIDERATION OF MY BEING ALLOWED TO PARTICIPATE IN SHC’s AIRCRAFT RENTAL & FLIGHT OPERATIONS.
We may transfer, assign or otherwise deal with these terms on notice to you. Your rights under these terms will not be prejudiced. You may not under any circumstances transfer, assign or otherwise deal with these terms.
Changes to these terms
We may revise these terms at any time on notice to you. Continued participation by you as a member shall be deemed acceptance by you of any revised terms and conditions.
Contact details and complaints
20.1. If you have any concerns queries about these Terms or your membership or our services please contact us at info@Spaceportx.org.
20.2. Please direct any complaints you might have in relation to our services to info@Spaceportx.org in the first instance.
Flight Training Agreement
This agreement is between Spaceport Houston Club LLC, a Texas limited liability corporation with headquarters at 11200 Blume Avenue, Houston, TX 77034 (‘SHC’) and a flight services student (‘Student’):
SHC provides flight school services for real persons looking to secure their FAA pilot’s license. All training is done by FAA licensed personnel in FAA licensed training aircraft – all personnel licenses can be reviewed directly on the FAA’s website. Student agrees to contract with SHC to provide Certified Flight Instructor (‘CFI’) services and plane rental to secure his or her FAA pilot’s license. SHC does not guarantee Student’s success in passing any FAA exams, which is dependent on Student’s abilities.
Student releases and indemnifies SHC from all claims, causes of action, damages, and injuries growing out of Student’s mental or physical incapacities or conditions. Student shall always observe and conform to SHC’s and the FAA’s rules and regulations – Student shall be given a copy of SHC’s policy and rule manual as part of his or her registration process. Student’s agrees to and shall comply with all the terms and conditions of SHC organization, trainers, and officers.
Student warrants that they are in proper physical and mental condition to participate in flight training. Student is required to obtain a flight medical examination at Student’s expense and provide a copy of examination results to SHC. SHC reserves the right to terminate training of any Student should it be determined that Student is not physically able to participate or continue training.
For Student to secure usage of SHC’s plane rental and CFI, Student is required to provide certain items.
REQUIRED ITEMS, PAID BY STUDENT:
[ ] Pilot kit
[ ] Pilot headset(s)
[ ] Pilot’s rental insurance - AVEMCO
[ ] Pilot Flight Medical Examination - DME
Aircraft rental per hour $ 140 - 300 per hour (wet)
CFI per hour $ 65 (2-hour block minimum)
MEI per hour $ 75 (2-hour block minimum)
SHC retains the right to charge student 1 hour of aircraft rental and 2 hours of CFI time for failure to reschedule or cancel a scheduled appointment with less than 24 hours’ notice. Student is not charged for aircraft maintenance requirements, weather, or FAA / airport required groundings or cancellations.
Student payment blocks are non-refundable. All services paid must be used.
This executed document and referenced SHC rules & regulations supersede all prior agreements previously agreed to by signed by SHC and Student. In acknowledgement, this document is accepted at the time of membership agreement.