Membership with Trend Airways, (Trend Aviation LLC) subject to the terms and
conditions contained in this Membership Agreement, the membership application or
other written correspondence regarding the pricing and terms of membership (the
“Application”), Trend Airways’s Contract of Carriage, and such additional rules, terms
and conditions as are presented on FlyTrendAviation.com website or any ticket or ticket-
less travel authorization (collectively, the “Agreement”). By initiating a membership (the
“Membership”), the person or entity initiating the Membership (the “Member”) agrees to
1. Term of Agreement
(a) Annual Membership Term – The term of the Membership and each Listed Member’s
membership on an annual membership plan is one year from the first day that Listed
Members are permitted to begin flying on Trend Airways flights (“Service
Commencement Date”). At the end of the annual membership term, the Membership
may be renewed upon Member’s request, either as a monthly or annual membership,
subject to prices and terms offered by Trend Airways at the time of renewal.
(b) Monthly Membership Term – The initial term of the Membership and each Listed
Member’s membership on monthly membership plans is ninety (90) days from the first
day that Listed Members are permitted to begin flying on Trend Airways flights (“Service
Commencement Date”), or such longer period specified in the Application (the “Initial
Term”). The monthly membership will automatically renew for additional thirty (30) day
terms, or such longer period specified in the Application (each, a “Renewal Term”), and
will continue thereafter until cancelled as provided herein.
2. Membership Benefits and Responsibilities
(a) Membership Benefits – The Membership type and flight pass benefits are as
specified in the Application. Each individual listed for membership and flight benefits
under the Membership is referred to herein as a “Listed Member.” Each Listed Member
is entitled to the flight benefits that pertain to the Listed Member’s membership type
under the Membership. Trend Airways has the right to add, modify, or eliminate any
membership benefits, including scheduled flights, destinations, routes and other related
benefits or services at any time with or without notice, in its reasonable business
discretion. Trend Airways is not liable for any membership refunds or costs incurred by
the Listed Member or Member resulting from any such modification or cancellation.
(b) Addition and Removal of Listed Members – During the Initial Term and any Renewal
Term, defined below, Trend Airways may from time to time provide Member with the
right to add additional Listed Members to the Membership, at pricing and terms to be
mutually agreed upon by the parties. Memberships may not be transferred from an
existing Listed Member to any other individual. Removal of an individual Listed Member
requires at least thirty (30) days advance notice in writing.
(c) Upgrades and Downgrades – Member may upgrade or downgrade the Membership
by changing flight pass tier levels as long as Member remains an active Trend Airways
member. All downgrades require at least thirty (30) days advance notice in writing.
(d) Responsibility for Listed Members and Guests – Member will ensure that its Listed
Members and guests comply with Member’s obligations under the Agreement. Member
will be responsible for any charges incurred by the Listed Members and guests,
including Third Party Fees, as defined below, and charges for damage to Trend Airways
or other property caused by the Listed Members and guests.
(e) Community Guidelines – Listed Members and guests will comply with all Trend
Airways community guidelines, such as procedures for flight pass reservations, wait list,
guest flights, baggage, and flight cancellation policies and penalties. Member agrees
that Trend Airways may, in its discretion, change these guidelines and procedures at
3. Guest Flights
(a) Guest Flight Benefits – Trend Airways may provide Member with guest flights for a
fee or as a membership benefit, allowing an individual other than a Listed Member to
travel under the Membership on a limited basis. Any such guest flights are subject to the
terms and conditions of this Agreement, Trend Airways Contract of Carriage, and any
other limitations or regulations published by Trend Airways in conjunction with the guest
flights. Trend Airways reserves the right to refuse service to any guest at any time, in its
(b) Guest Flight Restrictions – All guest flights, whether purchased by Member or issued
in any other manner by Trend Airways, are valid for three (3) months after the date of
issuance. Guest flights may be used on any Trend Airways flight, depending on seat
availability. While no advanced booking is required, it is often necessary because
guests are required to pass a background check before flying. The approximate
background check time is five (5) business days, although the time may be shorter or
longer. All guest flights are subject to community guidelines, including the standard
cancellation and penalty policies. Member will incur the standard penalty for late
cancellation of Member’s guest flights. In addition, the guest flight will become invalid.
Guest flights may be used for one-way or round-trip travel, but they cannot be split
between multiple guests or into two separate one-way reservations for the same guest.
Guest flights may not be used to supplement travel for Member or any Listed Member.
4. Third Party Products and Services
(a) Third Party Benefits – Trend Airways may offer benefits provided by a third party
partner (“Third Party”) to annual or monthly members. Third Parties include, but are not
limited to: all airport facilities, car rental agencies, ground transportation providers, and
parking locations. These benefits may change or end during Member’s term of
membership, and Trend Airways makes no guarantees of these benefits.
(b) Third Party Fees – Trend Airways may occasionally promote or offer for sale to
Member or any Listed Member goods or services provided by a Third Party. All fees for
Third Party products or services purchased by Member or a Listed Member (“Third
Party Fees”) are the responsibility of the Member.
(c) Third Party Policies and Liability – Member and Listed Members are responsible and
liable for verifying and abiding by all Third Party rules and policies. Third Parties are
neither agents nor employees of Trend Airways or its affiliates. Member agrees that
Trend Airways and its affiliates are not liable for the acts, errors, omissions,
representations, warranties, breaches or negligence of any Third Party or for any
personal injuries, death, property damage, or other damages or expenses resulting
therefrom. This includes all liability for damage to Member’s vehicles while parked in
any parking lot or otherwise in the care of Third Parties.
5. Membership Fees and Billing
(a) Billing – Trend Airways will automatically bill Member using the billing information
provided by Member for all amounts due, including Initiation and Membership Fees and
any Third Party Fees, unless paid for in another fashion. Fees will be billed and are due
on the effective date of this Membership Agreement, which may precede the Service
Commencement Date. The Membership Fee for any Renewal Term will be charged and
are due on the first day of such Renewal Term.
(b) Suspension of Membership – Trend Airways reserves the right to suspend the
Membership and Member’s benefits in the event of any problem associated with the
billing information, including out of date credit card information. At the time of
suspension, Trend Airways shall specify a specific amount of time for Member to correct
(c) Dormancy – Dormancy status is permitted for monthly membership Members only for
up to three (3) months per year at a monthly rate to be specified by Trend Airways.
Dormancy guarantees the Member’s place in the Member’s current monthly
membership pricing series, although monthly fees within each series are subject to
change. All dormancy requests require at least thirty (30) days advance notice in writing.
(d) Annual Membership Fee – Trend Airways will not change the Membership Fees for
annual memberships during the one-year term of membership. Trend Airways has the
right to adjust the monthly rate at the end of this term with new annual and monthly
(e) Monthly Membership Fee – Except during the Initial Term, Trend Airways may
change the Membership Fees for monthly memberships at any time, and will notify
Member of such change at least thirty (30) days prior to the application of such change.
6. Cancellation of Membership
(a) Cancellation of Annual Membership – Member on an annual membership plan may
cancel the Membership by providing notice to Trend Airways at least thirty (30) days
prior to the desired cancellation date. At the end of the thirty (30) days following notice
of cancellation, Member agrees to immediately pay Trend Airways a cancellation fee
equal to fifty (50) percent of the amount Member would have paid for the remainder of a
full one year of membership, based on the level of service existing in the month prior to
the notice of cancellation. Member agrees that this cancellation fee represents the
actual loss to Trend Airways’s business and is not a penalty. Notice of cancellation must
be provided to Trend Airways in writing and sent to the contact information provided at
the end of this document. Member will remain responsible for all amounts that come
due prior to the effective date of the cancellation.
(b) Cancellation of Monthly Membership – Member on a monthly membership plan may
cancel the Membership by providing notice to Trend Airways at least thirty (30) days
prior to the desired cancellation date, or such longer period specified for such notice in
the Application (“Cancellation Notice Requirement”). Cancellation is effective at the end
of the Initial or Renewal Term during which the Cancellation Notice Requirement is met.
Notice of cancellation must be provided to Trend Airways in writing sent to the contact
information provided at the end of this document. Member will remain responsible for all
amounts that come due prior to the effective date of the cancellation.
(c) Cancellation or Suspension by Trend Airways – Trend Airways reserves the right to
cancel or suspend the Membership, including the membership of any Listed Member,
upon notice to Member at Trend Airways’s sole discretion and for any reason, including
Trend Airways’s belief that Member’s or the Listed Member’s continued use of such
membership would violate any provisions of the Agreement or applicable law. If Trend
Airways suspends the Membership or the membership of a Listed Member other than
for Member’s or Listed Member’s breach of the Agreement, Trend Airways will refund a
pro rata portion of the dues paid for that Membership or membership.
(a) Accuracy of Information – Member represents that all information provided in the
Application is true, accurate, current and complete. Member further agrees that it will
notify Trend Airways of any substantive changes to Member’s and Listed Members’
name, contact, payment, or other applicable information by contacting Trend Airways via
the contact information provided herein, or through other means provided by Trend
Airways for such purposes.
(b) Legal Authority – The person entering into this Agreement represents that such
person is of legal age to form a binding contract, is not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction, and will
only use the membership for legitimate purposes. If the person entering this Agreement
is doing so on behalf of a legal entity, such person represents that she or he has the
legal authority to bind the legal entity to this Agreement.
(c) No Sales or Transfers – Member acknowledges and agrees that it may not trade, sell
or otherwise transfer its Membership to any other party, except with the prior written
consent of Trend Airways. This consent may be withheld in Trend Airways’s absolute
discretion. Member and Listed Members may not receive payment from any other
individual to appear, remain, or be added to the Membership as a Listed Member, or
otherwise sell memberships or guest flights under its Membership.
(d) Background Checks – Member agrees and consents to Trend Airways performing
periodic background checks on each Listed Member and guest at any time during the
term of this Agreement. Member acknowledges and agrees that in so doing, Trend
Airways may require that Listed Members and guests provide additional information,
and may share all or a portion of such information with third party vendors for the
purpose of conducting the background check. Trend Airways warrants that it will
maintain the confidentiality of information provided by Listed Member and guests as
required by law. The approximate background check time is five (5) business days,
although the time may be shorter or longer.
(e) Choice of Law – This Agreement will be governed in all respects by the laws of the
United States and the State of Florida without regard to their respective conflicts of laws
(f) Dispute Resolution – In the event of a dispute under this Agreement, where such
dispute has not been settled within ninety (90) days after notice from either party to the
other of the existence of the dispute, the parties agree that, at the request of either
party, such dispute will be submitted for binding arbitration with the following conditions:
(a) the proceeding will be administered by the State of Florida law pursuant to its
Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited
Procedures in those Rules, provided, however, that the arbitrator will be required to
issue a statement of the reasons upon which his or her decision is based; (b) the
proceeding will be held in Orange County, Florida; (c) the arbitrator will decide the
assignment of the costs of the arbitration based on allocation of fault; (d) the proceeding
will be closed except to the parties, their attorneys, representatives, witnesses and
experts, all of whom must agree or have a duty to maintain the confidentiality of the
dispute and its result, except as needed to implement the ruling; and (e) the decision of
the arbitrator will be enforceable in any court of competent jurisdiction. For avoidance of
doubt, the arbitrator will not be authorized to override any provision hereof, including,
without limitation, any specified limitations of liability.
(g) Right to Change Agreement – Trend Airways reserves the right, based on reasonable
business needs and to the extent not prohibited by federal law, to change, delete, or
add to any of the terms of this Agreement, including the documents referenced and
incorporated, without prior notice.
8. Contact Us
Trend Airways welcomes your questions or comments regarding the Terms of Service:
Trend Aviation LLC. , 319 N Crystal Lake Drive STE 100
Orlando, FL 32803
Email Address: Info@FlyTrendAviation.com