Operator Charter Agreement

This Charter Agreement (“Agreement”) is entered into by and between ATI Jet Inc. (“Operator”) and the indirect air carrier executing this Agreement (referred to as “You” or “Your”) on behalf of the charterer (the “Charterer”). This Agreement is effective as of the date it is executed by You.

1. OPERATOR AS DIRECT AIR CARRIER; YOUR CAPACITY. Operator is the direct air carrier and operator of the flight(s) quoted hereby under FAA Part 135 Air Carrier Certificate #G418935K (Operator also does business under the Jetvia name). You represent and warrant that you are serving as an indirect air carrier or bona fide agent when arranging and paying for air transportation or related services as requested by You hereunder (“Flight Services”). You represent and warrant that you will disclose Operator’s capacity as direct air carrier, and Your capacity as indirect air carrier or bona fide agent, to Charterer in full compliance with 14 CFR Part 295.

2. OPERATIONAL CONTROL. During all phases of flights conducted hereunder, Operator shall have and retain complete and exclusive “operational control” over the aircraft and the flight crew, and shall exercise sole authority over initiating, conducting or terminating any flight. In addition, the pilot-in-command of any flight provided hereunder may, in his or her discretion, terminate or refuse to commence any flight, or take any other flight-related action which, in the pilot-in-command’s judgment, is necessary to ensure the safety of the aircraft, passengers or flight crew. No such action shall create or support any liability for loss, injury, damage or delay to You or any other person. In addition, and without limiting the generality of the foregoing, Operator shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance or drug; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by Operator or government or airport authorities; (c) whose condition would involve hazard or risk to himself, herself or others; (d) who does not present a current government issued photo identification, when requested by crew, government, or airport authority; or (e) otherwise presents a risk to the safety or security of persons or property. Without prejudice to the foregoing, where the pilot-in-command or Operator makes any of the aforementioned determinations, Operator may terminate or refuse to commence a flight, or take other action necessitated by safety considerations, without Operator breaching any agreement related to the performance of such Flight Services or incurring any liability for loss, injury, damage, or delay to You, Charterer, or any other person.

(a) Passenger notices: https://jetvia.com/wp-content/uploads/2026/08/Jetvia-Passenger-Noticies.pdf?title=Passenger_information

3. SCHEDULING. The quote set forth herein (the “Quote”) is not a confirmed reservation. All reservations are on a first come first serve basis and subject to aircraft and crew availability at the time of booking. Upon acceptance of terms and conditions listed herein, this document becomes a legal and binding contract between the two parties, and You agree to pay the Flight Cost (as defined below) and Additional Charges (as defined below). Notwithstanding anything to the contrary contained herein, all bookings and booking confirmations may be subject to approval by the owner (or lessee) of the aircraft, and Operator will have no liability to You, Charterer, or any other person if the owner (or lessee) of the aircraft rejects the booking or withdraws approval for use of the aircraft.

4. FLIGHT COST AND ADDITIONAL CHARGES.

(a) The “Flight Cost” set forth in the Quote reflects estimated trip times and may include a daily minimum charge. Actual trip times may vary due to air traffic control, weather, or other factors outside of Operator’s control and will be charged accordingly.

(b) There will be a $500 fee per day for any pets. This covers cleaning costs. Damage to the aircraft from pets will be a separate charge based upon the cost to fix the damage and lost business while the aircraft is down for repair.

(c) The Quote may not include the following additional fees, costs, and charges (each an “Additional Charge” and collectively the “Additional Charges”): (1) Applicable Taxes (as defined below); (2) additional services and offerings that You or Charterer request, including those for catering and ground transportation, where accommodated; (3) special event fees, ramp fees, de-icing fees, and hangar fees; (4) flight phone, data/internet use, and other telecommunication charges - Land-based Wifi is on our fleet, but is never guaranteed. We will not allow penalty-free cancellation of flights due to no WiFi.**; (5) additional flight crew standby time, or additional flight crew where accommodated; (6) selection of an FBO (or similar airport facilities) other than those pre-selected by Operator, where accommodated; (7) landing, handling and high-density airport fees; (8) cleaning where required by Charterer’s use of the Aircraft (e.g., cleaning necessitated by pets, smoking, spills, other damaged caused by Charterer or Charterer’s passengers, etc.); (9) increased cost resulting from a flight deviation (e.g., departure location or time) requested by Charterer and accommodated by Operator; (10) a service fee assessed by Operator, which may be applied to each Additional Charge; (11) a fuel surcharge; or (12) any other miscellaneous charges associated with Flight Services. In the event the Quote includes a fuel surcharge, such fuel surcharge is subject to change, according to market conditions at the time of the flight; (13) ADDITIONAL CHARGES MAY BE CHARGED TO YOU BY OPERATOR AT ANY TIME (INCLUDING VIA ANY CREDIT CARD ON FILE), AND YOU HEREBY CONSENT TO SUCH CHARGING. FURTHERMORE, AND WITHOUT LIMITING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE TO INDEMNIFY AND REIMBURSE OPERATOR FOR ANY AND ALL ADDITIONAL CHARGES.

(d) “Applicable Taxes” means any and all international, national, state, and local taxes, charges, imposts, duties, excise taxes (including, without limitation, United States federal excise tax), fuel taxes, and fees, including user fees, relating to a Flight Service. Without limiting the generality of the foregoing, all domestic Flight Services are subject to United States federal excise tax and a domestic segment tax, and Flight Services departing or landing outside of the United States are subject to a federal departure tax.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU REPRESENT AND WARRANT THAT YOU WILL BE SOLELY RESPONSIBLE FOR TIMELY COLLECTING AND REMITTING UNITED STATES FEDERAL EXCISE TAX, DOMESTIC SEGMENT TAXES, AND FEDERAL DEPARTURE TAXES, AND ANY OTHER APPLICABLE TAXES; AND (2) YOU WILL IN FACT TIMELY COLLECT AND REMIT UNITED STATES FEDERAL EXCISE TAX, DOMESTIC SEGMENT TAXES, AND FEDERAL DEPARTURE TAXES, AND ANY OTHER APPLICABLE TAXES IN STRICT COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

(e) Late Departure means a deviation from scheduled departure time as confirmed by Charterer on the final itinerary. Grace period shall mean no fee applies for the first hour (1 Hour) of delay beyond the scheduled departure time caused by Charterer or Charterer’s guests. A delay exceeding ninety (90) minutes beyond scheduled departure may, at Operator’s discretion, be treated as a cancellation under Section 6 rather than a delay, particularly where crew duty limits, slot times, or downstream flights are affected. Beyond the 1 hour grace period, a Delay fee of $500 may be applied for each 30-minute increment (or portion thereof) of delay, where such delay impacts a subsequent charter flight, Operator reserves the right to charge, and Charterer shall pay, an additional Delay Fee.

5. PAYMENT

(a) All confirmed charter trips shall be pre-paid by credit card or wire transfer with a credit card hold, to include the Flight Cost and any then-known Additional Charges, at least 24 hours before departure day, and You authorize such hold to remain in effect until the Flight Cost and such Additional Charges are settled in full. If You do not wire payment to Operator in advance of the day of departure, Your credit card shall be charged to include the Flight Cost, any then-known Additional Charges, and the non-refundable convenience fee. Any Additional Charges not known at the time the credit card is charged will be charged when such amount(s) become known to Operator. Notwithstanding anything to the contrary contained herein, Operator shall have no obligation to arrange or service a booking where (i) payment is not timely remitted as provided hereunder or (ii) You are delinquent on any amounts due and owing to Operator or any Operator affiliate under any other contract.

(b) You represent and warrant to Operator that You have full authority to utilize the credit card to reserve the Flight Services and pay for the Flight Cost and Additional Charges, and You shall indemnify and hold harmless Operator against any and all claims related to unauthorized use of the credit card. To the fullest extent permitted by law, You covenant and agree not to submit, file or otherwise initiate any claim, complaint, demand, chargeback or dispute (“Dispute”) with Your credit card issuer or any administrative agency relating to Your utilization of a credit card for payment of Flight Services and Additional Charges. You shall indemnify and hold harmless Operator against any and all losses, costs and expenses, including reasonable attorneys’ fees, arising from Your breach of the previous sentence or any Dispute, including unauthorized use of the credit card.

(c) Should the credit card on file be denied at any time, the payment shall be wired within 3 business days with a $500 late fee and credit card fee. After 3 days interest shall begin accruing at the maximum daily rate allowed by Texas law until the total charges are completely paid.

6. CANCELLATION POLICY

Domestic trips: Per Flight Segment:

  1. greater than 72 hr before departure time: fully refundable
  2. 72-48 hrs before departure time: 50% refundable
  3. less than 48 hrs departure time: non-refundable
  4. Peak days: greater than 120 hrs before flight segment: fully refundable; 120 hrs or less before flight segment: non-refundable

International trips: Per Flight segment:

  1. more than 96 hours before departure time: any applicable handler fees actually incurred, at cost; otherwise; fully refundable
  2. 96 hours or less to more than 72 hours before departure time: 50% of the trip price plus handler fees;
  3. 72 hours or less before departure time: 100%.
  4. Peak days: incur a 100% fee regardless of notice.

Land-based Wifi is on our fleet, but is never guaranteed. We will not allow penalty-free cancellation of flights due to no WiFi.**

PEAK DAY CALENDAR: The Peak Days applicable to this Agreement are the specific calendar dates set out in this link https://jetvia.com/peakday which is fixed for the Term and may be amended only by written agreement of the parties. In regard to departure times on these days, Operator may also accelerate or delay an aircraft within 3 hours of requested departure time.

(b) Flight Services shall be deemed cancelled by You, on Charterer’s behalf, in the event of: (i) cancellation of any confirmed booking communicated by You to Operator in advance of the scheduled departure; (ii) a delay by Charterer or any of Charterer’s guests impacting the scheduled time of departure (unless specifically agreed to by Operator in advance at its sole discretion) and/or a “no-show”; Delays are subject to the Late Departure in Section 4(e), and may be treated as a cancellation only as provided there.; (iii) any refusal or inability of Charterer and/or its guests to comply with the reasonable instructions of Operator and/or the pilot‐in command for flight safety, health, or security reasons leading to the pilot‐in‐command and/or Operator to deem it necessary at their sole discretion to cancel or terminate a planned flight; (iv) failure to provide necessary documentation requested by Operator at its sole discretion by the deadline provided; (v) Charterer or Charterer’s guests’ inability to secure exit from the departure destination or entry to the arrival destination; (vi) You failing to make any payment prior to the contractual due date; (vii) Operator’s denial of boarding to Charterer or any of Charterer’s guests for any reason; and/or (viii) Your violation of this Agreement.

(c) If Flight Services are cancelled, You authorize Operator to immediately charge the applicable cancellation fees to Your credit card, or withhold the cancellation fee from any wired funds, at Operator’s discretion.

(d) In the event a refund of any amount is to be provided to You, such amount will be refunded exclusively to the account from which funds were originally transmitted, except where You provide written confirmation from a bank that said account is no longer active and such confirmation is deemed acceptable to Operator in its sole discretion.

7. FORCE MAJEURE. OPERATOR WILL NOT HAVE ANY LIABILITY FOR DELAY OR FAILURE TO FURNISH AN AIRCRAFT OR THE FLIGHT SERVICES CONTEMPLATED BY THIS AGREEMENT WHEN SUCH DELAY OR FAILURE IS CAUSED, DIRECTLY OR INDIRECTLY, BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF OPERATOR (“FORCE MAJEURE”). EXAMPLES OF FORCE MAJEURE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: ADVERSE WEATHER CONDITIONS, MECHANICAL FAILURES, ACTS OF GOD, GOVERNMENTAL ACTIONS, WAR, CIVIL COMMOTION, FAA OR OTHER GOVERNMENT REGULATIONS, CREW REST, FATIGUE, TRAVEL OR SICKNESS, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, EPIDEMIC, PANDEMIC, LABOR DISPUTES (WHETHER OR NOT RELATING TO OPERATOR’S WORKFORCE) OR RESTRAINTS OR DELAYS AFFECTING AIRCRAFT OPERATORS AND CARRIERS (INCLUDING, WITHOUT LIMITATION, “SLOT DELAYS”, INABILITY TO OBTAIN OR DELAY IN OBTAINING GOVERNMENTAL APPROVALS, PERMITS AND LICENSES), CLOSURE OR CONGESTION OF AIRPORTS, AIR TRAFFIC CONTROL CONGESTION, OR NATURAL OR NUCLEAR DISASTER. OPERATOR WILL NOT BE HELD LIABLE AND YOU AGREE NOT TO CLAIM ANY DAMAGES AGAINST OPERATOR THAT YOU MIGHT SUFFER AS A RESULT OF DELAY OR FAILURE TO MAKE AVAILABLE TO CHARTERER AN AIRCRAFT, FLIGHT SERVICES, OR ANY OTHER SERVICES, IF THE DELAY OR CANCELLATION WAS CAUSED, DIRECTLY OR INDIRECTLY, BY FORCE MAJEURE, AS DEFINED ABOVE.

8. CHANGES IN DEPARTURE; PARTIAL COMPLETION OF FLIGHTS.

(a) The aircraft will be scheduled for a specific departure time from a specific location. Please be aware that the aircraft may be booked prior to Charterer’s departure and after Charterer’s scheduled arrival time. Please contact Operator’s flight support team as soon as possible ([email protected]) with Charterer’s travel itinerary changes to see if Operator can accommodate those changes. Operator makes no guarantees regarding its ability to accommodate any itinerary change(s).

(b) Operator will not be liable for expenses incurred for replacement transportation in the case of aircraft maintenance issues, mechanical issues, or other Force Majeure such as, weather conditions, crew rest requirements, Notices to Airmen (NOTAMs), Temporary Flight Restrictions (TFRs), Ground Stops, ATC delays. If a flight does not reach its destination due to weather, charges will apply to any destination reached and return flight of the aircraft and crew (with or without passengers) to next base. In the case of aircraft maintenance issues, mechanical issues, or other Force Majeure Operator may at its option (but is not obligated to) provide or arrange for substitute transportation which, in such cases, shall be charged as an Additional Charge. In such cases, Operator will charge for the portions of flights completed plus the additional replacement transportation. These changes do not permit cancellations with a refund.

(c) In the case that an aircraft is AOG (Aircraft on ground) due to a mechanical issue, Operator reserves the right to find a recovery aircraft in-fleet. If a recovery is available within 2 hours of the originally scheduled departure time, no refund will be issued if you choose to cancel. If no recovery is available within 2 hours of the originally scheduled departure time, a full refund or a segment thereof refund will be available if you choose to cancel the trip or a segment thereof.

9. DOCUMENTATION. You agree to provide Operator, on behalf of Charterer, no later than twenty-four (24) hours, or by such other date and time set by Operator, prior to departure with a complete guest list, government issued identification, and all other necessary information and valid documentation and any other operational requirements for the requested Flight Services, which may include medical certificates and health declarations. For international Flight Services, You represent and warrant that Charterer has acknowledged that it is the responsibility of Charterer to obtain any required visas or entry documentation and has acknowledged that Charterer and each of Charterer’s guests must have a valid passport in its and their possession. Operator will not have any liability for non-compliance with this section or with any government regulations.

10. ADDITIONAL CHARTERS. Operator retains the right to sell additional charters during active layovers, without credit or offset to You, provided such charters do not interfere with the confirmed itinerary.

11. ERRONEOUS QUOTE. In the event Operator determines that the Flight Cost was quoted or the Quote was sent in error due to a glitch or otherwise, Operator shall have discretion to withdraw the Quote without liability to You or Charterer; provided however, that any amounts paid by You to Operator in support of the erroneous Quote shall be promptly refunded (or credited toward an accurate Quote).

12. LIMITATION OF LIABILITY

(a) You agree and acknowledge that Operator shall have no liability to You for the operation or performance of Flight Services carried out by Operator and/or for any actual direct, indirect, special or consequential damages arising out of or relating to the Flight Services, including, without limitation, any related to the delay or failure of Operator to provide the arranged aircraft. YOU ACKNOWLEDGE, AND YOU REPRESENT AND WARRANT THAT CHARTERER HAS ACKNOWLEDGED, THAT OPERATOR DOES NOT MAKE, GIVE, OR EXTEND ANY WARRANTIES, OBLIGATIONS, LIABILITIES OR REPRESENTATIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, ARISING BY LAW, IN CONTRACT, CIVIL LIABILITY OR IN TORT, OR OTHERWISE CONCERNING THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, OR THE AIRCRAFT CONTEMPLATED BY THIS AGREEMENT, THEIR CONDITION, THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR AIRWORTHINESS, THEIR DESIGN, THEIR OPERATION, THEIR SAFETY, AND/OR ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF OPERATOR TO ANYONE OF ANY NATURE WHATSOEVER BY REASON OF THE USE OF THE AIRCRAFT AND FLIGHT SERVICES DELIVERED OR RENDERED, HEREUNDER.

(b) You agree to reimburse Operator promptly on demand for the costs of repairing, cleaning, and/or disinfecting any exterior or interior damage, wear and tear, or conditions caused by Charterer, Charterer’s guests, any baggage, or any animals to any aircraft furnished hereunder. As stated above, such costs shall constitute Additional Charges.

(c) You agree, and you represent and warrant that Charterer has agreed, that You and Charterer shall not be entitled to assert any responsibility on the part of Operator for any damages or losses relating to ancillary services (such as catering, ground transportation and other service items) arranged at Your or Charterer’s request, except to the extent such damages or losses were caused by Operator’s gross negligence or willful misconduct.

(d) TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY OR ITS AFFILIATES SHALL BE LIABLE TO THE OTHER (INCLUDING TO YOUR GUESTS) OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS AND EMPLOYEES FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES AND THE LIKE, AND/OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON INCLUDING, LOSSES SUFFERED BY YOU OR ANY PERSON AS A RESULT OF ANY DELAY OR FAILURE BY OPERATOR IN PERFORMING FLIGHT SERVICES, EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, OPERATOR AND ITS AFFILIATES SHALL HAVE NO DUTY TO MITIGATE ANY LOSS ARISING FROM THE FAILURE BY YOU TO PAY ANY AMOUNT DUE HEREUNDER, WHETHER BY TRANSPORTING ANY THIRD PARTIES FOR CONSIDERATION ON THE ARRANGED AIRCRAFT OR BY ANY OTHER MANNER. YOU REPRESENT AND WARRANT THAT CHARTERER HAS CONTRACTUALLY AGREED TO A LIMITATION OF LIABILITY CLAUSE, NO LESS FAVORABLE THAN THE ONE SET FORTH IN THIS SECTION, IN FAVOR OF OPERATOR.

(e) Operator shall provide or cause to be provided, with insurers of recognized reputation and responsibility, liability insurance with respect to Operator-owned aircraft for bodily injury and property damage in an amount not less than $50,000,000 combined single limit per occurrence.

(f) YOU REPRESENT AND WARRANT THAT CHARTERER HAS CONTRACTUALLY AGREED TO ACCEPT THE PROCEEDS (IF ANY) OF THE INSURANCE POLICIES MAINTAINED BY OPERATOR OR ITS AFFILIATES AS ITS SOLE RECOURSE AGAINST OPERATOR FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO CHARTERER, CHARTERER’S GUESTS, OR ANY OTHER PERSONS ARISING OUT OF THE FLIGHT SERVICES.

(g) THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THE LIMITED RECOURSE AND LIABILITY CLAUSES IN THIS SECTION AND AS OTHERWISE SET FORTH HEREUNDER) HAVE BEEN INCLUDED AS A MATERIAL INDUCEMENT FOR OPERATOR TO ENTER INTO THIS AGREEMENT AND THAT OPERATOR WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE LIMITED RECOURSE AND LIABILITY CLAUSES IN THIS SECTION AND AS OTHERWISE SET FORTH HEREUNDER.

13. COMPLIANCE; INDEMNIFICATION. You agree to comply and shall contractually ensure that Charterer and all of Charterer’s guests agree to comply with all applicable laws, treaties, customs, policies, public health, Federal Aviation Regulations, IRS regulations, and other rules and regulations, including, without limitation, the immigration and customs laws of each country or state from, through, or to which a flight may operate (collectively, “Laws and Regulations”). You further agree to indemnify, defend, and hold Operator and its affiliates (and their respective officers, directors, employees, members, managers, agents, and representatives) (the “Indemnitees”) harmless, and shall contractually ensure that Charterer agrees to indemnify and hold the Indemnitees harmless, against any and all loss, liability, damage, or expense suffered or incurred by the Indemnitees (including reasonable attorneys’ fees and expenses) by reason of (1) any failure or alleged failure by You, Charterer, or any of Charterer’s guests to comply with any Laws and Regulations; or (2) Your, Charterer’s, and/or Charterer’s guests’ acts or omissions; or (3) Your breach or alleged breach of this Agreement.

14. OFFSET. Operator may, at its sole and full discretion, allocate all or part of any payment received pursuant to this Agreement to offset or settle (in full or in part) any sums due from You to Operator or any of its affiliates under any other contract (“Allocation”). For the avoidance of doubt, You shall remain liable for the full amount due under this Agreement and shall, immediately upon Operator’s demand, make a further payment equal to the Allocation. Alternatively, You authorize Operator to charge any credit card provided by You to settle Your outstanding liabilities to Operator or any of its affiliates.

15. GOVERNING LAW. This Agreement will be governed by the laws of the state of Texas, and any dispute between You and Operator, or Operator and Charterer, arising out of or in connection with this Agreement will be brought exclusively in a state or federal court located in El Paso, Texas, with the substantially prevailing party to recover its reasonable legal fees and costs.

16. CONFIDENTIALITY. The parties agree (on behalf of themselves and each of their respective affiliates, stockholders, directors, members, partners, officers, managers, employees, and agents) to keep confidential the terms of this Agreement and any nonpublic information supplied to it by another party pursuant to this Agreement. Nothing herein shall limit the disclosure of this information: (i) to the extent required by law or to carry out a party’s obligations under this Agreement; (ii) to a party’s counsel, accountants, or auditors; (iii) to a third party providing services at Operator’s direction; (iv) in connection with any litigation involving a party; or (v) which has been publicly disclosed by someone other than a party to this Agreement.

17. COLLECTION COSTS. You shall pay Operator all costs of collection incurred by Operator, including reasonable attorneys’ fees and costs, in the event any collection effort is initiated to collect any amounts due hereunder.

18. AMENDMENTS. Any amendment of this Agreement must be in writing and signed by both Operator and You.

19. SEVERABILITY. In the event that any one or more of the provisions of this Agreement shall for any reason be held to be wholly or partly invalid, void, illegal or unenforceable or unreasonable, the remaining provisions of this Agreement shall be unimpaired and the invalid, illegal or unenforceable provision shall be deemed severable and be replaced by a mutually acceptable provision, which, being valid, legal and enforceable, comes closest to Your and Operator’s intention, which underlies the invalid, illegal or unenforceable provision.

20. SURVIVAL OF TERMS. The representations, warranties and covenants made in this Agreement except for those that apply only to a certain time, shall survive the execution and delivery of this Agreement and the fulfilment of the transactions described herein.

21. THIRD-PARTY BENEFICIARIES. Except as set forth herein, there are no third-party beneficiaries of any rights under this Agreement.

22. LEGAL NATURE OF THE PARTIES RELATIONSHIP. This Agreement shall not be construed as creating a joint venture, agency, partnership or other form of association or cooperative arrangement between Operator or any of their respective affiliates and You.

23. NOTICES. All legal notices, demands or other communications hereunder shall be in writing and shall be deemed given (1) when delivered personally, (2) two days after being mailed by certified mail (return receipt requested), (3) one day after being sent by overnight courier service, (4) when sent by an email of which recipient acknowledges receipt (i.e., not by sender’s receipt of an automatic delivery status or reads receipt notification), or (5) when otherwise actually delivered.

If to Operator:
ATI Jet Inc
7007 Boeing Dr
El Paso, TX 79912
214-764-6800
[email protected]
or at such other address and number as may have been furnished to You in writing by Operator.

If to You:
At the address on the first page of the Agreement or such other address and number as You provide to Operator in writing.

24. WAIVER. No failure or delay by either party in exercising any right under this Agreement shall operate as a waiver of that right and no single or partial exercise of that right shall preclude any other or further exercise of that right or the exercise of any other rights.

25. ENTIRE AGREEMENT. This Agreement, together with the Quote, sets out the entire agreement and understanding between the parties in respect of the subject matter of this Agreement, and You confirm that You have not entered into this Agreement in reliance upon any representation, warranty, promise or assurance made or given by Operator or any other person, whether or not in writing, at any time prior to the execution of this Agreement which is not expressly set forth herein. You further confirm that You have had the opportunity to have legal counsel fully review and explain the legal and practical effect of this Agreement, and with the knowledge of such advice, if any, and an understanding of the force and effect of this Agreement, You sign the same voluntarily. Additionally, You hereby specifically acknowledge, for the benefit of Operator, that neither Operator nor any employee or agent of Operator has made any representation or warranty to You as to any tax consequence to You of this Agreement or the services rendered hereunder.

26. Electronic Signature. This Agreement may be executed by electronic or digital signature, including but not limited to the use of a symbol, process, email signature, or electronic button, checkmark or toggle in a mobile application or website or any other electronic medium attached to or logically associated with a record or document and executed by You or Your authorized representative with the intent to sign or acknowledge such record or document. Electronic signatures shall have the same force and effect as physical signatures.

27. ASSIGNMENT. The Agreement shall not be assigned by either party without the written consent of the other party; provided, however, that Operator may assign any or all of its rights and obligations under this Agreement to any of its affiliates, provided that any such assignee is qualified to carry out Operator’s obligations.

28. YOUR ENTITY IN GOOD STANDING. If You are a legal entity, You represent and warrant that You are an entity duly organized, validly in existence, and in good standing under the laws of the state of Your formation, and have the full power and authority to execute, deliver and perform this Agreement and to consummate the transactions contemplated hereby, and the person signing this Agreement on behalf of You has the full power and authority to execute, deliver and perform this Agreement and to consummate the transactions contemplated hereby.

29. LEGAL COMPLIANCE. You and Your employees, agents, affiliates, along with Charterer, its employees, agents, affiliates, and guests (together, for the purposes of this Section, “You”) hereby represent, warrant, and agree that: (i) You are not a sanctioned entity or individual, Designated Party (including any person or entity designated in published lists issued by the U.S. government or the United Nations or the European Union as a Specially Designated National or a Designated Person, or any other similar designation), or is otherwise the subject or target of any economic, export, or trade sanction law, or regulation or travel ban, or is or could be designated as a terrorist, a foreign terrorist organization, an organization that assists or provides support to a foreign terrorist organization, a proliferator of weapons of mass destruction, a narcotics trafficker, or any other similar designation that would prohibit Operator from transacting with You under applicable law; (ii) You will promptly notify Operator in writing should You know, or have reason to know, of any change or potential change in status under this Section; (iii) You shall honor all applicable laws; (iv) funds paid to Operator by You are not derived from illegal acts or remitted by or on behalf of a Designated Party (or any entity or individual covered above); (v) Operator may be required by law to block, freeze, and/or remit funds, which it will do without liability to You; (vi) Operator will not have an obligation to perform any service that could, in their sole and absolute judgment, result in violation or potential violation (in any jurisdiction) of any law or regulation or economic or trade sanction law; (vii) You shall promptly provide accurate information and documentation reasonably requested from time to time by Operator so that Operator may assess compliance with this Section, and authorize Operator to perform screening and/or background checks; (viii) You are not entering into this Agreement as Designated Party (or any entity or individual covered above) covered in above and will not use Flight Services to benefit such a Designated Party (or any entity or individual covered above) either directly or indirectly but shall instead use them for personal use; and (ix) without prejudice to all of Operator’s other rights hereunder and at law, (a) Operator may at its discretion (1) terminate this Agreement by means of written notice to You, with immediate effect and without need of judicial recourse, and/or (2) decline to arrange flights or otherwise provide Flight Services, and do so without liability for compensation or damages (direct or indirect) of any type or nature, in the event that You breach this Section (e.g., makes a misrepresentation regarding compliance, becomes a sanctioned or Designated Party, is convicted or adjudicated of an offense in any jurisdiction that is related to human rights violations, terrorism, drug trafficking, financial impropriety, or could otherwise bring Operator into disrepute or is prejudicial to Operator’s interest), fails to comply with this Section, and/or Operator determines, in its sole discretion, that it is otherwise unable to transact with You under any law, enforcement order, warrant or similar, and (b) You assume all liability and shall in perpetuity, beyond the expiry of this Agreement, indemnify, reimburse, and hold free and harmless Operator, its officers, directors, shareholders, employees, agents, affiliates, and subcontractors from and against any and all related claims, suits, losses, costs, and liabilities.

PAYMENT OPTIONS

Operator accepts wire or ACH with a credit card hold. Contact us for wiring instructions.

FRAUD ALERT - IF YOU RECEIVE NOTIFICATION THAT OUR BANK DETAILS HAVE CHANGED, CONTACT US IMMEDIATELY BEFORE SENDING FUNDS.

Version 2 · Last updated October 2, 2026