Hard Rock Atlantic City Charter Participant Agreement

You, the Charter Participant (the “Customer”), acknowledge receiving, reading, and agreeing to this Charter Participant Agreement (the “Agreement”) governing the aircraft charter to be operated by Boardwalk 1000, LLC (dba Hard Rock Hotel and Casino Atlantic City),  with its principal office at 1000 Boardwalk, Atlantic City, New Jersey 08401 ("Hard Rock").  The U.S. Department of Transportation regulations prohibit Hard Rock from arranging air travel, and Hard Rock may not accept payment from the Customer, unless this Agreement is read and signed by the Customer, and the Charter Aircraft Acceptance Agreement, enclosed herein (hereinafter the “Acceptance Agreement”, is completed by Customer and returned to Hard Rock.  No employee or agent of Hard Rock has the authority to change this Agreement.

General Services

The Charter itinerary, name and location of the hotel, length of stay, and other ground accommodations and services, including the price and payment schedule, are set forth on the Flight Confirmation and Itinerary (the “Flight Confirmation”), which is a part of this Agreement. Charter prices, including but not limited to the price of the airfare and any applicable fuel surcharge, baggage fees and government-imposed taxes, may be increased up to 10 days before departure (14 C.F.R. 380.33(b)), after which the price will only be increased if the amount of any applicable government-imposed tax is increased or if any new government-imposed tax is levied and such increase or new tax becomes effective.

The flight(s) will be performed by Ultimate Jetcharters LLC (“Ultimate” or “Air Carrier”) utilizing Dornier 328 Jet aircraft with 30 passenger seats. Air Carrier may substitute aircraft, if necessary, provided it is a comparable aircraft and complies with applicable Federal Aviation Regulations. Hard Rock reserves the right to substitute another carrier and/or to make stops en route.

Each Customer is allowed to bring one (1) piece of checked baggage not to exceed 40 lbs. in weight and one (1) carry-on item not to exceed 10 lbs. in weight. No baggage fees will be charged for these allowances. The Customer will be responsible for the claiming and handling of all baggage to/from the airport, to/from the ground transportation and to/from the hotel.

Any tips or gratuities will be at the Customer’s discretion.

Any services or accommodations not specified in the Flight Confirmation will be the Customer’s responsibility.

Payment must be made by credit card (debit cards not accepted), check or money order.  Checks, money orders and credit card must be made payable to the Boardwalk 1000, LLC., Escrow Account, Level One Bank. The Customer’s payments will be held in a client trust account at Level One Bank until travel is completed. The Public Charter Depository Agreement by and among Hard Rock, Ultimate and Level One Bank is incorporated as part of this Agreement between Hard Rock and the Customer, and a copy will be made available by Hard Rock to each Customer upon request.

Shelby Financial Corporation has issued a Security Agreement to protect the Customer’s funds. Shelby Financial Corporation will be released from all liability to you under the Security Agreement unless you file a claim with Hard Rock or Shelby Financial Corporation within sixty (60) days after termination of the charter flight. Termination means the date of arrival (or intended date of arrival) of the return flight.

Trip cancellation, health, and accident insurance is available for purchase. If the Customer would like Hard Rock to furnish details, please request on the form below.

Aircraft seat(s) and hotel room(s) are valid only for the Customer identified in the Flight Confirmation. Hard Rock and Ultimate will require positive identification of each Customer at any time.[1] Unauthorized passengers or unregistered hotel guests may be denied service and/or be subject to criminal trespass or other charges under applicable law.  With respect to Customers who are paying for their charter flight (the “Non-Complimentary Customer(s)”), substitutes (the “Substitute(s)”) for such Non-Complimentary Customer may be arranged at any time preceding departure by either the Non-Complimentary Customer or Hard Rock. Non-Complimentary Customers who provide Hard Rock, with a Substitute, or for whom Hard Rock finds a substitute (paying or complimentary, at Hard Rock’s discretion), shall receive a refund of all moneys paid to Hard Rock, except that Hard Rock may reserve the right to retain an administrative fee not to exceed $25 for effecting the substitution.  Under no circumstances may Customers receiving complimentary air transportation make substitutions.

Major Changes/Cancellation by Hard Rock

Hard Rock may cancel the charter(s) due to inadequate participation or for any other reason 10 days or more before the scheduled date of departure of the outbound trip (14 C.F.R. 380.12).  In the event of a cancellation by Hard Rock, Hard Rock will notify the Customer within seven (7) days of the cancellation but at least ten (10) days before the scheduled departure.  Hard Rock may not cancel the charter less than 10 days before the scheduled departure date, except for circumstances that make it physically impossible to perform the charter trip (14 C.F.R. 380.12), in which case Hard Rock will notify the customer as soon as possible.  If Hard Rock cancels the charter or charters, it will make a full refund to the Customer within fourteen (14) days after the cancellation.

If Hard Rock identifies a Major Change, as defined at the bottom of this Agreement[2], ten (10) or more days before the scheduled departure date, it will notify the Customer within seven (7) days after first identifying it, but in any event at least ten (10) days before departure. If Hard Rock identifies a Major Change less than ten (10) days before the departure, it will notify the Customer as soon as possible. Within seven (7) days of receiving a pre-departure notification of a Major Change, but in no event later than departure, the Customer may cancel and a full refund will be made to the Customer within fourteen (14) days after canceling. Upon receiving post-departure notification of a Major Change, the Customer may reject the substituted hotel or the changed date, origin, or destination of a flight leg and be sent, within 14 days after the return date listed on the Flight Confirmation, a refund of the portion of his payment allocable to the hotel accommodations or air transportation not provided.

To the extent consistent with applicable laws and regulations, Hard Rock may cancel any Customer’s participation in a particular charter(s) at any time due to any of the following:

(1) whenever such action is necessary to comply with any government regulation, directive, or request; (2) whenever such action is necessary to comply with any executive order or TSA requirement; (3) if the Customer refuses to permit the search of his or her person or property for explosives or a dangerous weapon or article or for any other security-related reason; (4) if the Customer refuses to produce government issued photo identification that reflects the same full name information displayed on this Agreement; (5) if a Customer fails or refuses to comply with the rules, regulations, and conditions of carriage of the Air Carrier; (6) when cancellation may be necessary for a Customer’s safety or the safety of other Customers in the event that a Customer:

(a) displays disorderly, abusive, or violent behavior (other than that involving a qualified disabled individual whose appearance or involuntary behavior may offend, annoy, or inconvenience other Customers or crew members); (b) is barefoot; (c) is unable or unwilling to sit in an aircraft seat with the seat-belt fastened; (d) appears intoxicated or under the influence of drugs (other than a qualified disabled individual whose appearance or involuntary behavior may make them appear to be intoxicated or under the influence of drugs); (e) has a malodorous condition (other than individuals qualifying as disabled); (f) attempts to interfere with any Hard Rock personnel or member of Air Carrier’s flight crew in the performance of their duties; (g) is seriously ill and fails to provide a physician’s written permission to participate in the Charter; (h) requires unusual or unreasonable assistance or medical treatment during the Charter, unless such Customer is accompanied by another Customer capable of providing the necessary assistance or medical treatment; (i) is unwilling or unable to comply with no-smoking requirements; (j) has a mental disability that renders them unable to comprehend or respond to safety-related instructions, unless such Customer is accompanied by another Customer; or is blind, deaf and unaccompanied, unless such Customer is able to communicate with Hard Rock and/or Air Carrier representatives by physical, mechanical, electronic, or other means;(k) is known to have a communicable disease or infection which has been determined, by the U.S. Surgeon General, the Centers for Disease Control and Prevention, or other public health authority knowledgeable about the disease or infection, to be transmissible to other persons in the normal course of the Charter. If, however, the Customer with the communicable disease or infection presents a medical certificate giving approval to travel and stating any conditions for travel, Hard Rock and Ultimate shall allow the Customer to participate in the Charter unless it is not feasible to implement the conditions set forth in the medical certificate as necessary to prevent the transmission of the disease or infection to other persons in the normal course of the tour.

Hard Rock is not liable for its cancellation of any Customer’s Agreement in accordance with the terms of this paragraph, but will, at the request of the Customer, refund the amount of any unused portion of the charter price in accordance with its refund policies. Hard Rock will not be responsible for any compensatory, consequential, or punitive damages, and a refund will be a Customer’s exclusive remedy.

Cancellations/Changes by Customer

a. The right to refunds if the Customer changes plans is limited.  If Customer cancels their reservation, the right to receive a refund is limited, as described below.  Any refund due to the Customer will be sent within fourteen (14) days of the cancellation.

1. Customer will be given a full refund if this Agreement is cancelled before consenting to the Acceptance Agreement and the reservation was paid for by credit card.

2.  Customer will be given a full refund if the reservation is cancelled more than fourteen (14) days before flight departure.

3.   Cancellation fourteen (14) days or less prior to flight departure date will result in $199 per person cancellation fee. This fee will be charged to the credit card received at the time of booking or on file with Hard Rock or deducted from any refund due.

4.   Customer will be given a full refund, less a $25 per person administrative fee, provided:  (a) Hard Rock is able to resell the canceled reservation (as evidenced by a full manifest for the flight) or (b) Management in its discretion decides to provide a refund.

5.   Customer will be given a full refund if canceled because: (a) of a medical emergency (physician’s note must be provided); (b) Customer or Customer’s Companion dies before the departure (Customer “Companion” is the person who is the Customer’s confirmed scheduled roommate during the charter); or (c) of the death of an immediate family member of Customer (death certificate or other evidence must be provided). For purposes of this Agreement “immediate family” is defined as:      

i. Husband

ii. Wife

iii. Mother*

iv. Father*

v. Son*

vi. Daughter*

vii. Brother*

viii. Sister*

ix. Grandfather

x. Grandmother

xi. Grandchild

xii. Mother-in-Law

xiii. Father-in-Law

xiv. Son-in-Law

xv. Daughter-in-Law

xvi. Brother-in-Law

xvii. Sister-in-Law

*Includes "step" relatives

b. Notification of cancellation must be called into the Hard Rock Call Center at 609-449-5757. Cancellations made via email or voicemail will not be accepted.

c.    Cancellation is effective immediately, and the Customer will receive a cancellation number at the time of cancellation.

d.   Delays due to weather-related issues will not constitute sufficient grounds for cancellation unless the new departure or arrival time is greater than ten (10) hours from the original time.

e.   Any requests for a refund must be emailed or mailed to Hard Rock by the Customer who made the reservation, as follows:

1.         Email:        

2.         Address: Hard Rock Hotel & Casino, Attention: Hard Rock Air; 1000 Boardwalk, J-Building 4th floor, Atlantic City, New Jersey 08401

4.         Liability of Hard Rock

a.         Hard Rock is the principal and is responsible to the Customer for all services and accommodations offered in connection with the charter. However, Hard Rock, unless negligent, is not responsible for personal injury or property damage caused by Ultimate, any other the direct air carrier, hotel or other supplier of services in connection with the charter.

5.         Terms and Conditions with respect to Personal Property and Baggage

a.         Conditions of Acceptance:  Ultimate will accept for transportation on the aircraft as baggage (whether checked in the cargo compartment or carried in the passenger compartment) only such articles, effects and other personal property as are reasonably necessary for the purposes of the trip which will not compromise the safety of the flight  and which can be transported in accordance with applicable law, including, but not limited to, rules and regulations of the U.S. Federal Aviation Administration (the “FAA”).  Ultimate may refuse to carry baggage or property for transportation on any flight other than the one on which you are to be transported.  Ultimate may refuse to transport any baggage that cannot be handled in the ordinary manner, is not properly packaged or if its weight, size or character renders it unsuitable for transportation, as determined by Ultimate in its discretion.  All baggage is subject to inspection by the U.S. Transportation Security Administration (the “TSA”) and Ultimate. Each passenger will be responsible for all duties, fees and charges related to his or her baggage.

b.         Fragile, Perishable and High Value Items:  You must declare and describe to Ultimate any item of baggage or its contents, that is fragile, perishable or of value. Ultimate has the right to refuse to carry any such item on the flight.  If either (a) you do not declare and describe any such item to Ultimate, or (b) Ultimate agrees to your request that any such declared and described item be carried on the flight, after an initial determination by Ultimate not to carry that item, such carriage will be at your sole risk, and Ultimate and/or Hard Rock will have no responsibility or liability to you for any damages to such item (or its contents) occurring during the flight or during the loading or unloading of the item on the aircraft.

c.         Identification:  Ultimate may refuse to accept for transportation any baggage that does not bear a tag, label or other device, acceptable to Ultimate, with Customer’s name and address.

d.         No Liability:  Ultimate and Hard Rock will have no liability whatsoever for any of your baggage or other personal property: (i) carried on the aircraft in violation of any restrictions set forth in this document, (ii) delivered to Ultimate in damaged condition; (iii) improperly packed; or (iv) damaged, lost or delayed due to a security search led by or on behalf of local, state or federal agencies.  In addition, Ultimate and/or Hard Rock will have no liability for any items carried in the passenger cabin.

e.         Carry-on Baggage:  The suitability of carry-on baggage will be determined by Ultimate.  All carry-on baggage or personal items must be properly stored in accordance with all applicable regulations of the FAA and requirements of Ultimate.

f.          Limitation of Liability with respect to Personal Property and Baggage:  SUBJECT TO APPLICABLE LAW, With respect to domestic TRAVEL (travel provided solely between Destinations within the United States), ULTIMATE’s LIABILITY FOR the DISAPPEARANCE or loss OF, damage to or delay in delivery OF A passenger’s personal property OR BAGGAGE (including, BUT NOT LIMITED TO, transfer baggage) is limited to the actual value of the provable direct damages incurred OR THE AMOUNT OF $3,800.00 USD, whichever is less. THE DOLLAR AMOUNT REFERENCED ABOVE IS SUBJECT TO CHANGE BY THE DEPARTMENT OF TRANSPORTATION. HARD ROCK IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO BAGGAGE  UNLESS CAUSED BY HARD ROCK’S NEGLIGENCE.

g.         No Liability for Certain Items in or as Checked Baggage:   Ultimate and Hard Rock do not assume and have no liability for any of the following items in or as checked baggage:  antiques, artifacts, artwork, books and documents, cash, china, computers and other electronic equipment, computer software, fragile items, furs, heirlooms, keys, liquids, money, orthotics, surgical supports, perishable items, photographic, video and optical equipment, precious metals, stones or jewelry (including time pieces), securities and negotiable papers, silverware, samples, unique or irreplaceable items or any other similar valuable items, or musical instruments/recreational/sports items.  Ultimate does not accept these items in or as checked baggage and Ultimate and Hard Rock have no responsibility or liability for such items, regardless of whether Ultimate or Hard Rock knew or should have known of the presence of such items in checked or transferred baggage.  If any such items are lost damaged or delayed, you will not be entitled to any reimbursement under Ultimate’s standard baggage liability terms or otherwise.  Do not attempt to check these items.  Carry them with you in the passenger cabin (subject to carry-on baggage limitations).

h.         Prohibited Items: Hazardous materials, firearms and ammunition will not be accepted as baggage either in the cabin or in the cargo area.  Examples of hazardous items (but not an exclusive list) are electronic cigarettes, lithium batteries (other than those installed in portable electronic devices), explosives, fireworks, aerosol sprays, flammables, oxidizers, toxins, radioactives and corrosives.  Carriage of prohibited items may result in fines or in certain cases imprisonment.

New Jersey law prohibits person(s) under the age of 21 from gambling in, or loitering about, a casino and from consuming alcoholic beverages. Any persons under the age of 21 will not be permitted to participate in any Hard Rock promotional offer. If a question arises concerning a Customer’s age and the Customer does not have appropriate documentation to prove his/her age, the Customer will be presumed to be under the age of 21.

[1] The Transportation Security Administration ("TSA") requires the Customer to provide full name, date of birth, and gender for the purpose of watch list screening, under the authority of 49 B.SC. Section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R. parts 1540 and 1560. Failure to provide full name, date of birth, and gender may result in denial of transport or denial of authority to enter the boarding area. TSA may share information provided with law enforcement or intelligence agencies or others under its published system of records notice. For more on TSA privacy policies, or to review the system of records notice and the privacy impact assessment, please see the TSA Web site at www.tsa.gov.

[2] As used in this Agreement, the term "Major Change" means:

(1) A change in the departure or return date shown in this Agreement and Flight Confirmation (or, if the Agreement states alternative dates, the date designated to the Customer by Hard Rock in accordance with 14 C.F.R. §380.33a(b)), unless the change resulted from a flight delay. In any event, however, a date change that Hard Rock knows of more than two (2) days before the scheduled flight date, and any delay of more than 48 hours, will be considered a major change;

(2) A change in the origin or destination city shown in this Agreement and Flight Confirmation for any flight leg (or, if the Agreement states alternative cities, the city designated to the Customer by Hard Rock in accordance with 14 .C.F.R. §380.33a(b)), unless the change affects only the order in which cities named in a tour package are visited;

(3) A substitution of any hotel that is not named in this Agreement and Flight Confirmation; or

(4) A price increase to the Customer that occurs ten (10) or more days before departure and results in an aggregate price increase of more than ten (10) percent.

Charter Participation Agreement