01/10/2025

Terms and Conditions

SIMULATOR LIMITATIONS

General rules for using the Boeing 737 MAX flight simulator

  • Age limit: Kids under 10 years old are not allowed to participate in the flight. Guests aged 10–14 are allowed only when accompanied by adults.

  • Size Restriction: Maximum Waist/Hip Circumference: 48 inches corresponding to a weight of 260 lbs. (due to equipment limitations)

Maximum Height: 6 feet 6 inches (6'6" / 198 cm) to ensure proper fit inside the cockpit.

  • Punctuality!: Any late arrival will result in a reduction of your simulator session time to ensure smooth scheduling for all clients.

  • Prohibited!: During the flight, it is mandatory to follow safety rules and comply with the instructions of the pilot-instructor. Unauthorized persons are not allowed in the cockpit without the pilot-instructor. Bringing foreign objects, food, or animals is prohibited. Applying physical force to the simulator's control system, levers, buttons, switches, or valves is forbidden. Being under the influence of alcohol or drugs is strictly prohibited. Pregnant women are not allowed to participate in the flight. Individuals showing visible signs of illness or feeling unwell are not permitted to participate.

Terms of Service for Customers (Rules of Conduct)

Effective Date: January 1, 2025 Last Updated: August 18, 2026

These Terms of Service (“Terms”) are between you, the purchaser, booking holder, gift recipient, or participant accepting them (“Customer” or “Participant”), and Western Simulations LLC dba WeFly (“WeFly,” “we,” “us,” or “our”). They describe your rights and responsibilities when booking, paying for, attending, or participating in our simulator sessions (the “Service”). Please read these Terms carefully. They form a legally binding contract and include a release of liability, assumption of risk, and agreement not to sue. By actively accepting these Terms, you confirm that you have read, understood, and voluntarily agreed to them.


Relationship Between Customer, Provider, and WeFly

1.1 Contractual Agreement. By booking a session for any simulator experience (e.g., Boeing 737 MAX, Airbus A320, or Formula 1) through our Service, you enter into a direct contractual agreement (“Activity Contract”) with WeFly.

1.2 Customer Obligations. You agree that:

  • WeFly is solely responsible for providing the simulator session as described.
  • You will comply with all relevant policies, including any waiver or safety requirements, as a condition of participation.
  • WeFly may require you to sign a liability waiver before your session.

1.3 No Partnership or Agency. WeFly operates independently and is not acting as your agent or partner.

1.4 Payment Facilitation. WeFly facilitates payments through licensed payment service providers (PSPs). By booking, you authorize us and our PSPs to charge your credit card for the session price.


Booking and Cancellation Policy

2.1 Pricing. The price shown when you book is the total price. WeFly does not add booking fees or taxes at checkout.

2.2 Cancellation Policy.

  • Cancellations made more than 48 hours before the scheduled session are eligible for a full refund.
  • No refunds are provided for cancellations made less than 48 hours before the session.

2.3 Late Arrivals and No-shows. Customers arriving more than 15 minutes late or failing to show up will forfeit their session without a refund.


Usage of the Service

3.1 Prohibited Actions. You agree not to:

  • Use automated tools (e.g., bots or scrapers) to access our website.
  • Interfere with the operation of the Service or engage in fraudulent activity.

3.2 Denial of Service. WeFly reserves the right to deny or terminate access to the Service at our sole discretion, including cases of policy violations.


Release of Liability, Assumption of Risk, and Safety Agreement

IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

4.1 Acceptance and Scope. This agreement applies to every WeFly simulator experience, including the Boeing 737 MAX, Airbus A320, and Formula 1 simulators, and to your presence at the WeFly premises before, during, and after a session. In exchange for being permitted to enter the premises and participate, you knowingly and voluntarily agree to this Section 4.

4.2 Acknowledgment of Risks. Simulator sessions and presence at the premises may involve risks including, without limitation:

  • movement or unexpected movement of a motion platform, simulator seat, controls, or other equipment;
  • steps, raised thresholds, narrow or enclosed cockpit areas, and entering or exiting the simulator;
  • slips, trips, falls, loss of balance, contact with equipment, or actions of other participants or guests;
  • dizziness, motion sickness, disorientation, anxiety, aggravation of a medical condition, or other physical discomfort; and
  • electrical, mechanical, computer, software, visual-system, or equipment malfunction or interruption.

These and other risks may be known or unknown, foreseeable or unforeseeable, and may result in property damage, bodily injury, serious injury, or death.

4.3 Voluntary Assumption of Risk. You voluntarily assume all risks arising out of or related to your presence at WeFly or participation in a simulator session, including risks caused in whole or in part by the ordinary negligence of the Released Parties defined below. You accept personal responsibility for deciding whether you are physically and medically able to participate.

4.4 Release and Waiver of Claims. To the fullest extent permitted by California law, you, for yourself and your heirs, personal representatives, and assigns, release, waive, and forever discharge Western Simulations LLC dba WeFly and its owners, members, managers, officers, employees, instructors, agents, contractors, affiliates, and the owners and operators of premises used for the session (collectively, the “Released Parties”) from all claims, demands, causes of action, damages, losses, or liabilities arising out of or related to your presence at WeFly or participation in a simulator session, including claims for personal injury, death, or property damage and claims based on the ordinary negligence of any Released Party.

4.5 Agreement Not to Sue. To the fullest extent permitted by California law, you agree not to file or maintain a lawsuit or other claim against a Released Party for any matter released under Section 4.4.

4.6 Non-Waivable Conduct. This release does not apply to gross negligence, reckless or intentional misconduct, fraud, or any liability that California law does not permit to be released. Nothing in these Terms is intended to waive a right or remedy that cannot lawfully be waived.

4.7 Participant Responsibilities. By participating, you confirm that:

  • you are in suitable physical and medical condition to participate;
  • you will follow all staff instructions and posted safety rules;
  • you will not participate while impaired by alcohol, drugs, illness, or any condition that makes participation unsafe; and
  • you will immediately stop and notify a staff member if you feel unwell, dizzy, disoriented, or unsafe.

4.8 Minors and Bookings for Others. A participant under 18 must have these Terms accepted by a parent or legal guardian. The parent or legal guardian consents to the minor's participation and accepts this release on their own behalf and, to the fullest extent permitted by law, on behalf of the minor. One adult may not release claims for another adult. If you book or purchase a session for another adult, you must provide these Terms to that participant, and that participant must separately accept the release before participating. WeFly may require a participant or parent/legal guardian to complete a separate acceptance before the session.

4.9 Simulator Software and Third-Party Platform Disclosure. WeFly's flight-simulator experience combines separately licensed ProSim professional simulation software with Microsoft Flight Simulator, which is used as a third-party visual and flight-model platform.

4.10 Independent Operation and Licensing. Microsoft Flight Simulator is a Microsoft product. WeFly is independently operated and is not affiliated with, sponsored by, endorsed by, certified by, or otherwise approved by Microsoft. WeFly does not claim to hold a separate Microsoft commercial-use license for Microsoft Flight Simulator.

4.11 Customer Acknowledgment. By checking the Terms and Conditions box and completing a booking, gift purchase, or gift activation, you acknowledge the software configuration and licensing disclosure above. Your acknowledgment does not grant or expand any license rights in Microsoft Flight Simulator or limit any rights Microsoft may have under its applicable terms. Microsoft and Microsoft Flight Simulator are trademarks of the Microsoft group of companies; all other trademarks belong to their respective owners.


Limitations of Liability

5.1 No Warranty. WeFly makes no guarantees regarding uninterrupted service, session availability, or simulator performance due to unforeseen technical issues or maintenance.

5.2 Economic Losses. For any claim not barred by Section 4, and to the fullest extent permitted by law, WeFly's total liability for direct economic loss arising from the booking or Service contract is limited to the greater of the amount paid for the affected session or $100. This limitation does not apply where prohibited by law and does not create or expand any liability that would not otherwise exist.

5.3 No Limitation of Non-Waivable Rights. Sections 4 and 5 must be interpreted only to the maximum extent permitted by California law. They do not limit liability for conduct or claims that cannot lawfully be released or limited.


Privacy and Data Protection

6.1 Use of Information. WeFly collects and processes your personal data solely for booking and payment purposes.

6.2 Data Sharing. Personal information may be shared with payment service providers or required by law.

6.3 Marketing Communications. By subscribing to our newsletter via the sign-up form on the website, you consent to receive marketing emails and promotional offers from WeFly. You may unsubscribe at any time by clicking the "unsubscribe" link in any email or by contacting us at info@wefly.aero.


Chatbot Service.

WeFly provides an automated chatbot on Facebook Messenger and Instagram to answer questions about our simulators and services. By using the chatbot you agree that: • Responses may be generated automatically and should be considered informational only. • Conversations may be reviewed by our support team to improve the service or continue the conversation. • You will not send unlawful, abusive, or harmful content through the chatbot. We may modify or suspend the chatbot at any time. If you need binding information (bookings, payments, legal notices), please contact us directly at info@wefly.aero or by phone.


Address and Contact Information

Operating Address: 1 W Mountain St, Unit 9, Pasadena, CA 91103

Phone: +1 (909) 942-9540 +1 (909) 204-8218

Email: info@wefly.aero


Governing Law and Disputes

7.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

7.2 Court Proceedings. Any court proceeding permitted under these Terms, including an eligible small-claims action or a proceeding to enforce an arbitration award, must be brought in a court of competent jurisdiction in Los Angeles County, California, unless applicable law requires otherwise.


Arbitration Agreement and Class Action Waiver

8.1 Binding Arbitration. Except for disputes that qualify for small claims court, you and WeFly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Service shall be resolved exclusively through binding individual arbitration administered by JAMS under its applicable rules. The arbitration shall take place in Los Angeles County, California.

8.2 Class Action Waiver. You and WeFly waive any right to bring or participate in any class action, collective action, or representative proceeding. All disputes must be brought in your individual capacity only.

8.3 Opt-Out. You may opt out of this arbitration agreement by sending written notice to info@wefly.aero within 30 days of first agreeing to these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out.


Electronic Consent and Records

9.1 Active Acceptance. The Terms checkbox is presented unchecked. You must actively select it before a booking, gift purchase, or gift activation can be submitted. The checkbox specifically identifies the release of liability and assumption of risk in Section 4. When Stripe Checkout is used, Stripe may also require a separate Terms acceptance before payment can be completed.

9.2 Consent Record. To document the transaction and protect the rights of both parties, WeFly may retain the Terms version and an exact snapshot of the Terms presented, the acceptance text, the date and time of acceptance in UTC, the related order and payment identifiers, the submitted checkbox value and configuration, IP address, browser or device identifier, and Stripe's recorded consent status.

9.3 Electronic Signature. Your active selection of the Terms checkbox and submission of the booking, gift purchase, gift activation, or payment constitutes your electronic signature and agreement to the version of these Terms identified in the consent record, including the release of liability, assumption of risk, and agreement not to sue in Section 4.


Miscellaneous

10.1 Entire Agreement. These Terms represent the entire agreement between you and WeFly, superseding prior agreements. 10.2 Modification and Severability. WeFly reserves the right to modify these Terms at any time. If any provision is deemed unenforceable, the remaining provisions remain valid.


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