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- Terms and Conditions for Participation in Selection
- I (the “Applicant”) hereby agree that the following terms and conditions (the “T&C”) shall apply in
- submitting my application for this selection process (the “Selection”).
- 1. Nature of the Selection
- (1) The Selection shall be conducted at the absolute discretion of SPACETODAY INC. (“SPT”) in consultation with Space Exploration Technologies Corp., a third company that provides space flight services (“Space Flight Services Provider”), and the Applicant may not object to SPT and Space Flight Services Provider and their employees, officers, directors, agents, or other related persons (including Yusaku Maezawa) (“Related Persons”) with respect to the process and outcome of the Selection, and no liability shall be incurred by SPT, Space Flight Services Provider, or Related Persons with respect to the process and outcome of the Selection.
- (2) Even if the Applicant is selected as a result of the Selection, the Applicant understands and hereby acknowledges that neither SPT nor Space Flights Services provider promises space flight to the Applicant, and the Applicant may, at SPT's or Space Flight Services Provider’s absolute discretion and at any time before the space flight and for any reason whatsoever, be excluded from the space flight or its related activities.
- (3) Neither (i) submission of an application or selection by SPT; or (ii) agreement to these T&C establishes any contractual relationship or any rights of any kind as to the Space Flight Services Provider.
- 2. Obtaining Understanding from Closely Related Persons
- The Applicant's application for the Selection shall be subject to having obtained from his or her family members and closely related persons (“Closely Related Persons”) sufficient understanding that the Applicant will participate in the space flight and its preparatory activities that will inherently involve a serious risk to his or her life and health.
- 3. Costs Associated with the Selection
- The application for the Selection is free of charge and the costs and expenses SPT deem necessary for the Selection process (such as travel costs in relation to attendance to the physical interview and medical checks and the costs of the medical checks) shall be borne by SPT, but other miscellaneous costs and expenses incurred by the Applicant in connection with participating in the Selection (such as internet connection charges and equipment and other costs incurred by the Applicant for uniquely presenting himself or herself for the Selection, if any) shall be borne by the Applicant. Space Flight Services Provider shall not be responsible for any costs associated with the Selection.
- 4. Confidentiality, Etc.
- (1) The Applicant may disclose to third parties, or publicly announce on social networking services, magazines or any other media, only the fact that the Applicant has applied for the Selection and the result of the Selection, but the Applicant may .not disclose to any third party (except for Closely Related Persons to the extent reasonably necessary to obtain the understanding referenced in Section 2 above) and may not publicly announce on social networking services, magazines or any other media the remaining process of the Selection without the prior consent of SPT in writing (including email).
- (2) The Applicant will not, and will not cause any third party to, perform any act (including, but not limited to, libel or defamation) that may be detrimental to the reputation, credibility, confidence or privacy of SPT, the Space Flight Services Provider, or Related Persons or that may adversely affect the operation of their businesses.
- (3) The Applicant acknowledges that SPT may record the Applicant's portrait (including image photographs and movies; the same shall apply hereunder) or may request the Applicant’s portrait to be submitted during the Selection process and hereby grants SPT the right to use (including the use for publication) the Applicant's portrait in connection with the Selection process, the space flight and its related activities, whether or not the Applicant is selected in the Selection, and will not object in any way to such use.
- (4) The privacy policy presented to the Applicant at the time of [pre-entry] before the application for the Selection shall apply to the personal information of the Applicant that is obtained through the Selection process; provided, however, that notwithstanding the provisions to the contrary in such privacy policy, the Applicant hereby agrees that the Applicant's personal information may be provided to Related Persons and Space Flight Services Provider, or governmental authorities to the extent necessary for the Selection and that if the Applicant is selected in the Selection, SPT or Related Persons may publicly announce the Applicant's name, etc. and use the Applicant’s personal information to carry our space flight and related services.
- 5. Representations
- (1) The Applicant hereby represents that at the time of the application for the Selection, the Applicant fully understands and acknowledges that:
- ① The T&C set forth only the terms and conditions for participating in the Selection and if the Applicant is selected, then before participating in the space flight or related activities, the Applicant will be required to agree to and execute other documents, including contracts, waivers, assumptions of risks and/or other instruments with binding promises and obligations. Failure or refusal to sign any such required instruments will preclude the Applicant from participating in space flight and any related activities.
- ② Space Flight Services Provider may in its sole discretion decide not to enter into a relationship with the Applicant and not to permit the Applicant to participate in space flight or related activities.
- ③ Space Flight Services Provider may impose its own independent requirements and prohibitions on the Applicant as a condition of participating in space flight or related activities.
- (2) The Applicant hereby also represents that at the time of the application for the Selection, the Applicant fully understands and acknowledges that participation in the space flight and its preparatory activities are inherently dangerous and involves risks to life and health, that they are conducted strictly at his or her own responsibility and require a complete waiver of liabilities of SPT, the Space Flight Services Provider and Related Persons, that the Applicant needs to obtain medical clearance through rigorous medical examinations, that certain training will be required, and that he or she needs to comply with the laws and regulations of U.S. and Japan and the restrictions set forth by SPT and Space Flight Services Provider.
- (3) The Applicant hereby represents that the Applicant has no criminal record except for minor traffic violations.
- (4) The Applicant hereby represents that there is no incorrect or misleading statement or omission of material facts in the application form for the Selection submitted by the Applicant.
- 6. Age Limits, Etc.
- (1) The Applicant must be 18 years of age or older at the day which is 8 months before the launch date of the space flight and physically and psychologically fit for training, space flight, and the mission generally. For the avoidance of doubt, the launch date has not been finalized yet, and therefore Applicant may be excluded from the Selection upon finalization of the launch date in the future due to failure to satisfy the age limit mentioned above.
- (2) If the Applicant is a minor, application for this Selection requires consent of his or her guardian.
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