TERMS & CONDITIONS
These conditions apply to all services ordered or provided by Miles Above Inc. (MilesAbove.Co). By requesting services from Miles Above, including this website, you agree that these conditions shall apply to those services and your arrangements, understanding that guidelines, rules, and policies may be posted and modified from time to time.
Enrollment of Membership at Miles Above and utilizing this website’s resources, represents acceptance of this Agreement. If you do not agree, we kindly reserve the right to refute performing service to you.
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. MEMBERSHIP APPLICATIONS. All Membership applications are subject to admittance at Miles Above and will advise via e-mail on whether or not the application is accepted. Miles Above Inc. reserves the right to not disclose the reason or reasons of which an application had not been accepted. Member/Client is responsible for providing personal and financial details correctly. Failure to do so may cause a delay in service performance. Any updates to personal or billing information must be notified to Miles Above Inc. immediately.
2. APPOINTMENT AND DUTIES. Consultant agrees to perform certain concierge and lifestyle management consulting services as set forth in the Scope of Work addendum attached hereto and made a part of this Agreement (the “Services”). In the event that Client wishes for Consultant to perform services other than the Services set forth on the Scope of Work (the “New Services”), the parties will mutually agree in writing on the scope of the New Services with any related fees, and the Scope of Work will be amended to reflect the New Services and related fees. Upon such amendment, New Services will be included in the definition of “Services” in this Agreement. This is not an exclusive engagement and Consultant is free to provide services to other entities or persons and to pursue its independent business affairs and the pursuit thereof shall not be construed as a breach of this Agreement. Consultant will provide such Services as an independent contractor.
3. TERM. This Agreement is effective and will continue unless terminated earlier as provided herein. At the end of the period, the parties may renew the Agreement for such time periods and upon such terms as are mutually agreed upon in writing. This Agreement may be terminated by either party upon advance written notice to the other party. Upon termination of this Agreement, Consultant shall be paid for all Services rendered, the prorated monthly amount, and expenses incurred prior to the date of termination. Upon the expiration or termination of this Agreement for any reason, each party will be released from all obligations to the other arising after the date of expiration or termination, except that expiration or termination of this Agreement will not relieve either party of its confidentiality obligations, nor will expiration or termination relieve either party from any liability arising from any breach of this Agreement. Consultant to finalize projects and close out partnership with a smooth transition before end of the 60-day notice. Miles Above reserves the right to cancel or suspend Membership where applicable reason has to do so, with or without c(l)ause.
4. CLIENT/MEMBERSHIP FEES AND BILLING. In consideration for the Services provided by Consultant, Client agrees to pay such other amounts as may be reflected in any amendment to the Scope of Work regarding New Services. For the first year of enrollment, Membership, Membership Fees, and the Joining Fee payable will be confirmed to you prior to acceptance of Membership. The Joining Fee shall be payable in full upon acceptance of your Client/Membership Application for the Membership to be considered active. Any increase or decrease to the membership fees for future years of Membership will be notified to the Client(s)/Member(s) in advance of their Renewal Dates. Consultant reserves the right to refuse service until payment has been received. Family and Corporate Membership rates are inclusive up to five (5) individuals; additional users are permitted to be added as approved by the Consultant and the Client at an a la carte rate. If, during the course of your Membership, you wish to upgrade your Membership to a different tier, and the price difference between the two categories on a pro rata basis. Similarly, Consultant reasonably requests Client to upgrade Membership tier based on Service usage.
Consultant at Client’s request, may purchase goods and/or services on Client’s behalf. When Consultant is a credit representative, Client authorizes Consultant to deduct payment sum on Client’s payment Card immediately. Consultant and Client shall agree on all Third-Party Fees in advance in writing and Client shall be solely responsible for all Third-Party Fees, that the Credit Card is the Client’s own, and covers sufficient funds to cover the product(s) and/or service(s). Payment for third party requests is done via Client’s Credit Card unless requested otherwise in writing. Consultant does not hold liability for third party mistreatment or unauthorized Credit Card use.
5. SERVICES NOT COVERED. The Annual Fee does not include charges and fees paid to suppliers, subcontractors, and other third parties which are incurred in connection with providing the Services, such as, by way of example only, service fees, dining fees, shipping fees, and fees for branded events (“Third-Party Fees, to “Suppliers”).
6. SCOPE OF WORK/SERVICES.
I. Consultant will quantity Services to the Client during the Membership with the Client’s particularly requests as reasonable practicum. Consultant will provide lifestyle management consulting work and will not provide legal, financial, insurance, and medical advice or recommendations, nor will Consultant provide services and/or goods that are deemed unlawful or offensive relevant to jurisdiction.
II. Consultant will be available by telephone and by e-mail during normal business hours, and at additional times as approved prior between Consultant and Client. Consultant will observe Federal and other holidays, including Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Yom Kippur, Indigenous People’s Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, and New Year’s Day. Any work performed outside of the agreed upon services will be invoiced at an hourly rate, including holidays. Total hours to be pre-determined with Client for approval. Service-related emergencies will be dealt with on a case-case basis.
III. Consultant will meet performance dates specified as reasonable, though as estimates, and time is not deterrent for Service level standards.
IV. Should Consultant and/or Client need to make any changes to the Scope of Work. As such, Consultant has the right to make changes with laws or safety measures that do not directly correlate to the Services, and Consultant will notify the Client.
V. Client recognizes Consultant may reserve a commission upon supplying goods and/or services under performances of any Third Party.
VII. Consultant encourages Client to read/follow-up on any Third Party’s (Supplier/Vendor’s) Agreement and Consultant holds no liability to their policies, or is not entitled to any refund or to obtain any refund on Client’s behalf, including any deposit(s).
VIII. Consultant reserves the right to deny requests from Client(s) if Client(s) repeatedly do not meet honor Third Party cancelation policies, or behavior at such manner, which include but are not limited to: restaurant bookings, nightlife, transportation services, spa and salon reservations, and lodging arrangements.
IX. Consultant may be able to obtain (sold out) tickets to events through Consultant’s partners, which with Client instruction, may be able to purchase for the Client. In which Client agrees to purchasing tickets above face value and could include a servicing fee in respect to obtaining the tickets for the Client. Consultant is not the seller and is not accountable for the Client’s order. In the event a show is canceled directly by the artist or promoter, it can be possible to obtain a refund on face value of the tickets. Consultant or Third Party may deliver tickets though Consultant is not liable for any delivery failure or delays.
X. Admission to any Club is at the sole prudence of the Club and not the Consultant. The Consultant holds no accountability on refused admission.
7. CONFIDENTIAL INFORMATION. Consultant acknowledges that during the term of this Agreement, Consultant will have access to and become acquainted with Confidential Information of Client, which includes information related to any aspect of Client’s Individual, Joint, Family, or Business life, that is either information not known by actual or potential competitors of Client or is proprietary information of Client. Consultant agrees not to disclose any of this Confidential Information, directly or indirectly, or copy or use any of it, except as required in the course of Consultant’s Scope of Work to Client. Confidential Information does not include information that: (i.) is or later becomes available to the public through no breach of this Agreement by Consultant; (ii.) is already in the possession of Consultant on the date this Agreement becomes effective; (iii.) is independently developed by Consultant without the use of any of the Confidential Information; or (iv.) is approved for release by Client’s prior written consent. No slander from Consultant or Client at any time during or after relationship.
8. PRIVACY AND DATA PROTECTION. Please find our Privacy Policy here which outlines information on how we collect, store, and use information about Client.
9. THIRD PARTIES. Any person(s) that is not affiliated with Miles Above shall not have any rights under or connectivity with this Agreement.
10. GOVERNING LAW AND JURISDICTION. Nothing in these Conditions should limit or exclude the Consultant’s liability for death or personal injury, including but not limited negligent staff members, Suppliers, or other Third-Party Personnel, fraud, or misinterpretation of fraud. The Agreement will be governed by the laws of the State of California. Any legal proceeding between the two parties related to this Agreement shall be exclusively determined by the county or state courts with jurisdiction in Ventura County, California. In the event of any dispute, claim, or controversy arising out of this Agreement, the prevailing party in any such action or proceeding shall be entitled to an award of reasonable attorney's fees, reasonable out-of-pocket expenses, and court costs. The court shall determine who the “prevailing party” is, whether or not the dispute or controversy proceeds to final judgment. This Agreement supersedes any agreements, either oral or written, between the parties hereto with respect to the subject matter herein and contains all the covenants and agreements between the parties hereto. Any modification of this Agreement will be effective only if it is in writing by the parties to be charged. This Agreement shall be binding upon the parties hereto and their heirs, executors, administrators, legal representatives, successors, and assigns. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction will not affect the validity or enforceability of the remaining terms and provisions of this Agreement or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Transmittal and receipt of a Facsimile, PDF, or other electronic copy of this Agreement with the Facsimile, PDF, or electronic signature(s) shall be binding on the parties hereto. No waiver by any party of any default, misrepresentation, or breach under this Agreement will be deemed to extend to any prior or subsequent default, misrepresentation, or breach. No waiver shall be binding unless executed in writing by the party making the waiver. Any and all notices, demands, and requests required to be given hereunder shall be in writing and shall be deemed duly served, given or delivered: (a.) by Facsimile transmission, email, or other electronic means (and confirmed by any of the methods that follow); (b.) by overnight delivery service (fees prepaid and proof of delivery); (c.) by courier, messenger, or other form of hand delivery (fees prepaid and proof of delivery); or (d.) by certified or registered mail or (or international mail equivalent) (as applicable) (return receipt requested and first-class postage prepaid). Any notice that is addressed and mailed in the manner herein provided shall be deemed to have been duly given to the party to which it is addressed at the close of business, local time of the recipient, on the (i.) third (3rd) day after the day it is so placed in the mail, (ii.) upon delivery if by hand delivery, (iii.) the next business day following delivery by Facsimile, email, or other electronic means, or overnight delivery service, or (iv.) upon the intended recipient’s refusal to accept delivery, and shall be properly addressed at the address set forth in the first paragraph of this Agreement. Any party may change their address for the purposes of this Agreement by giving notice of the change, in the manner provided for in this section, to the other party. Each party represents and warrants that it has the power and authority to execute and deliver this Agreement and perform its obligations hereunder and all necessary corporate or entity action has been taken sufficient to enable such entity to enter into this Agreement.
11. COMMENCEMENT AND TERMINATION. These conditions take effect and are legally binding upon the Consultant and the Client upon acceptance by Miles Above Inc. via your Membership Application. This Agreement is applicable throughout your Membership and will only expire upon the end of your Membership. Client agrees that only Client’s rights under these Conditions will be under Miles Above Inc.