Skyryse One Reservation Agreement
- 2030 E Maple Ave, Suite 300
El Segundo, CA 90245
skyryse.com
This Skyryse One Reservation Agreement between the person or entity identified below as you and Skyryse, Inc., a Delaware corporation located at 2030 E. Maple Ave, Suite 300, El Segundo, CA 90245, U.S.A., identified below as Skyryse, we or us, is for your reservation of a Skyryse One helicopter.
This Reservation Agreement is made pursuant to and is governed by the Terms and Conditions available at www.skyryse.com/terms (Terms). It contains a binding arbitration agreement (see section 11 below) and it affects your and Skyryse’s rights, including the right to sue in court or join a class action.
1. Reservation
By entering into this Skyryse One Reservation Agreement (Agreement), you hereby confirm that you wish to reserve a Skyryse One.
2. Nature of Agreement; Non-Binding Reservation Payment
The Reservation Payment is fully refundable at any time (for example, if you choose to abandon your reservation, or if we decline to maintain you as a reservation holder). This Agreement does not constitute an agreement for the sale of a Skyryse One and does not lock in pricing, a production slot, or an estimated delivery date. You are under no obligation to purchase a Skyryse One from us, and we are under no obligation to supply you with a Skyryse One or any other aircraft. If and when we notify you of the availability of a Skyryse One and you wish to proceed with the purchase of a Skyryse One, such sale and purchase will be governed by a separate and legally binding Purchase Agreement between you and us or between you and an authorized Skyryse dealer.
3. Effective Date; Reservation Process
This Agreement is formed and becomes effective when we receive both the: (1) validly executed Agreement and (2) Reservation Payment in the amounts stated in the reservation form located at www.skyryse.com/reserve (Site). You may execute this Agreement by either: (i) hand-delivering a signed Agreement to a Skyryse sales representative at an official tradeshow or event; or (ii) by acknowledging and accepting this Agreement online at our Site. We will be deemed to have received your Agreement on actual receipt via physical or online means. You may make your Reservation Payment by credit card in accordance with the payment instructions that are attached to this Agreement or provided to you online. Once this Agreement becomes effective, you will be placed on the Skyryse One reservations list and will receive communications about the Skyryse One program.
4. Order Process
When the start of production of your Skyryse One nears, we will ask you to confirm your option selections and to provide full details of the legal purchaser of the Skyryse One (which must match the purchaser indicated in the applicable Reservation). Skyryse will create an order for your Skyryse One containing the information provided by you, and a Purchase Agreement indicating the estimated purchase price of your Skyryse One, taking into account the base price of the model and any options included or that you select, plus any applicable taxes, duties, transport and delivery charges, and any other applicable fees. Skyryse then will submit to you the order and the Purchase Agreement. If you wish to proceed and purchase the Skyryse One, you must sign and return the Purchase Agreement together with any amounts that are then required to be paid. Production of your Skyryse One will then be commenced and your deposit payable under the Purchase Agreement will be held by Skyryse as a non-refundable deposit (to the extent permitted by applicable law). At the time you enter into the Purchase Agreement, your Reservation Payment will be applied to the purchase price. These procedures may be subject to change.
5. Purchase Price
The base price for Skyryse One orders placed pursuant to this Agreement (commencing in calendar year 2025) will be $2,000,000, subject to upgrades and add-ons. Skyryse cannot guarantee a delivery date for any Skyryse One aircraft pending FAA supplemental type certification and production availability. Skyryse anticipates that deliveries of Skyryse One pursuant to this Agreement and your subsequent Purchase Agreement will occur during calendar years 2026-2028, depending on FAA approval, timing of your order, and supply/demand constraints. Skyryse reserves the right to update Skyryse One base prices at any time at its sole discretion, but will use commercially reasonable efforts to honor the base pricing indicated in any signed and valid Agreements that have been secured by the requested deposit(s) and your subsequent Purchase Agreement (which will be legally binding on Skyryse).
6. Deferral and Non-Transferability
If you do not wish to enter into a Purchase Agreement at the time that you are contacted by Skyryse, you have the option to relinquish your reservation sequence position and defer to a later position to be determined by us (only one deferral is permitted). If you do not communicate your decision to us within ten (10) days of notification under paragraph 4, you will automatically be granted such a deferral. This Agreement is not transferable or assignable to another party without the prior written approval of a Skyryse authorized representative. Skyryse may unilaterally cancel any order that we believe has been made with the intent to resell the aircraft or otherwise has been made in bad faith. Skyryse may also cancel your order if an aircraft, product, feature, or option is discontinued after you place your order. The aircraft is intended for use only in the country where the aircraft is sold and delivered by Skyryse to you, and service will be limited or unavailable outside of that country. You agree that you will not directly or indirectly export, or assist or facilitate the export of, this vehicle to a country where the United States or Canada has imposed trade restrictions.
7. Priority
We will establish your reservation sequence position in our sole discretion. We may decline reservations to avoid over-subscription or as we deem appropriate in our sole discretion. If your reservation is declined, you will be notified and your Reservation Payment will be refunded.
8. Your Details
From time to time, we will ask you to provide information so that we can perform our obligations under this Agreement. The personal information that we collect from you will include the information provided in the signature page of this Agreement or online when you complete the reservation process. We will treat all your personal information as confidential (though we reserve the right to disclose this information in the circumstances set out below). We will keep it securely and we will fully comply with our obligations under applicable data protection and privacy laws. You hereby give us your consent to use your personal information and other information which you provide so that we can process your reservation and conduct administration, so that Skyryse can prepare the order and Purchase Agreement, and we and Skyryse may inform you of any marketing information. We may share this information with our group companies (but not with third parties) for these purposes. From time to time, we and our group companies may contact you by mail, telephone, email, text and fax for the above purposes and you agree that you will not consider any of the above as being a breach of any of your rights under any data privacy, data protection or privacy law. You can opt out of receiving marketing information from us at any time and you may contact us for more information. However, we will still use your information to process your reservation. You may ask for a copy of your information (for which we may charge a fee) and you may correct any inaccuracies. We will be the responsible party for the management of your personal information. If you wish to make a request with regard to your personal information, please contact us at privacy@skyryse.com or visit our website at www.skyryse.com/privacy.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY OF ANY KIND IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER AND HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL WE BE HELD LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING ANY AND ALL (A) LOSS OF OPPORTUNITY (INCLUDING LOSS OF CONTRACTOR RIGHT TO OFFER OR TENDER); (B) LOST OPPORTUNITY COST; (C) LOSS OF BUSINESS; (D) REDUCTION OR DAMAGE TO GOODWILL; (E) DAMAGE TO NAME OR REPUTATION; (F) LOSS OR CORRUPTION OF DATA, AND REGARDLESS OF WHETHER ANY OR ALL OF THESE CIRCUMSTANCES ARE CONSIDERED TO BE INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR LAW OR OTHERWISE ARISING OUT OF OUR BREACH OF THIS AGREEMENT, EVEN IF WE OR SKYRYSE HAS BEEN ADVISED OF THE POSSIBILITY OF OCCURRENCES WHICH WOULD OR MIGHT LEAD TO SUCH LOSS OR DAMAGES. IF WE ARE HELD LIABLE FOR ANY DAMAGES RELATED TO YOUR RESERVATION OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE RESERVATION PAYMENT PAID TO US.
10. Acknowledgments
You understand that Skyryse has not yet completed the FAA certification process for the Skyryse One and, at the present time, is not manufacturing the Skyryse One. You also acknowledge that, if you purchase a Skyryse One, the Skyryse One may not be delivered to you until 2026 or later. We will not hold your Reservation Payment separately or in an escrow or trust fund or pay any interest on Reservation Payments, except to the extent required by law.
11. Governing Law and Jurisdiction; Disputes
This Agreement is governed by the laws of the State of California, U.S.A. without regard to its conflict of laws provisions. Both parties consent to the exclusive jurisdiction and venue of the state and federal courts of Los Angeles County, California. The English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction. YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTES (AS THAT TERM IS DEFINED IN THE TERMS) WITH REGARD TO THIS RESERVATION AGREEMENT OR THE SUBJECT MATTER HEREOF ARE SUBJECT TO THE DISPUTE RESOLUTION AND ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THE TERMS WHICH AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SKYRYSE.
This Agreement shall be deemed signed by the affirmative checkmark and acceptance on the Site (and any related pages), or if executed in person via printed copy and/or not on the Site, by signature and execution below, which shall confirm agreement:
RESERVATION HOLDER:
Signed:
Printed Name:
Title (if an entity):
Date:
SKYRYSE, INC.
Signed:
Printed Name: Blake T. Bilstad
Title: Chief Legal Officer
Date: January 8, 2025