Experience & Service Terms

2.1 Age Requirements & Identification

All Participants must be at least eighteen (18) years of age to book or participate in any Experience Service unless accompanied by a parent or legal guardian who has executed all required waivers and assumes full responsibility for the minor. For yacht charters, private aviation services, and any Activity involving the service or consumption of alcoholic beverages, all Participants must be at least twenty-one (21) years of age. Valid government-issued photo identification (passport, driver's license, or equivalent) is required for all Participants at the time of the Experience and must be presented upon request by TER, any Service Provider, or any crew member. Failure to present valid identification may result in denial of participation without refund. TER reserves the right to verify the age and identity of any Participant at any time.

2.2 Assumption of Risk

Participation in any Experience Service involves inherent risks, including but not limited to risks of bodily injury, disability, death, emotional distress, property damage, and financial loss. These risks may arise from the Participant's own actions or inactions, the actions or inactions of others, the condition of facilities or equipment, weather conditions, sea state, wildlife encounters, or other natural or man-made hazards. By booking or participating in any Experience Service, each Participant expressly and voluntarily assumes all risks associated with the Activity, whether known or unknown, foreseeable or unforeseeable. This assumption of risk shall apply to the fullest extent permitted by the laws of the State of Florida and the Commonwealth of Puerto Rico.

2.3 Right to Refuse Participation

TER and any Service Provider reserve the absolute and unconditional right to refuse participation to any Participant at any time, for any reason related to safety, health, intoxication, disruptive behavior, failure to meet age or identification requirements, failure to execute required waivers, failure to comply with instructions, or any other circumstance that, in the sole discretion of TER or the Service Provider, poses a risk to the safety, well-being, or enjoyment of any Participant, crew member, staff, or third party. No refund shall be owed in the event participation is refused due to the Participant's own conduct, condition, or failure to comply with applicable requirements.

2.4 Weather Cancellation & Force Majeure

TER and its Service Providers reserve the right to cancel, postpone, modify, or alter any Experience Service due to weather conditions, natural disasters, pandemics, epidemics, government orders, civil unrest, labor disputes, mechanical failure, or any other force majeure event beyond reasonable control. In the event of a weather-related cancellation initiated by TER or the Service Provider, TER will make commercially reasonable efforts to reschedule the Activity or provide a credit toward a future Experience. Refund eligibility for force majeure cancellations shall be determined on a case-by-case basis in TER's sole discretion, subject to the cancellation schedule set forth in Section 12. No refund or credit shall be owed for partial weather disruptions that do not result in full cancellation of the Experience.

2.5 Media & Photo Release

By participating in any Experience Service, each Participant grants TER a non-exclusive, royalty-free, worldwide, perpetual license to capture, use, reproduce, distribute, and display photographs, video recordings, audio recordings, and testimonials from the Experience for marketing, advertising, promotional, editorial, and social media purposes. A Participant may opt out of this media release by providing written notice to TER at concierge@theestatereserve.com no later than forty-eight (48) hours prior to the scheduled Experience. The full terms of TER's media release are set forth in Section 14 of these Experience Terms.

2.6 Insurance Recommendation

TER strongly recommends that all Participants obtain comprehensive travel insurance, activity insurance, and/or trip cancellation insurance prior to participating in any Experience Service. Such insurance should cover, at minimum, trip cancellation and interruption, medical expenses and emergency medical evacuation, personal liability, accidental death and dismemberment, and loss of personal belongings. TER does not provide insurance coverage for Participants. Failure to obtain adequate insurance coverage shall not impose any additional liability on TER.

2.7 Pricing & Gratuities

All pricing for Experience Services is subject to change without notice until a booking is confirmed in writing by TER. Quoted prices are estimates only and may be adjusted based on availability, fuel surcharges, seasonal demand, currency fluctuations, government-imposed fees, and other factors. Unless expressly stated otherwise, gratuities for Service Provider staff, crew members, guides, chauffeurs, chefs, and other personnel are not included in the quoted or confirmed price. Gratuities are at the sole discretion of the Participant but are customary and appreciated. Applicable sales tax, excise tax, municipal fees, port fees, and other government-imposed charges may be added to the final price.

3.1 Charter Agreement & Booking

Certain yacht charter and vessel rental Experience Services may require the execution of a separate charter agreement directly between the Participant and the Charter Operator, in addition to these Experience Terms. Such charter agreements may contain additional terms, conditions, and obligations that are binding upon the Participant. A non-refundable deposit of fifty percent (50%) of the total charter fee is required at the time of booking to secure the vessel and date. The remaining balance is due no later than thirty (30) days prior to the charter date, or at the time of booking if the charter date is within thirty (30) days of the booking date. Failure to remit timely payment may result in cancellation of the charter without refund of the deposit.

3.2 Vessel Substitution

TER and the Charter Operator reserve the right to substitute the booked vessel with a comparable or superior vessel at any time, for any reason, including but not limited to mechanical issues, scheduling conflicts, regulatory compliance, or safety concerns. TER will make commercially reasonable efforts to provide advance notice of any vessel substitution and to ensure the substitute vessel is of comparable size, quality, and amenities. In the event that no comparable vessel is available and the charter must be canceled, TER will offer a full refund of all amounts paid or a credit toward a future charter, at the Participant's election. The determination of comparability shall be at TER's sole reasonable discretion.

3.3 Maritime Liability & Jones Act Disclaimer

TER is not a vessel owner, operator, charterer, manager, or common carrier. TER does not employ or control any captain, crew member, or maritime worker associated with any charter vessel. Participants expressly acknowledge and agree that TER shall have no liability whatsoever under the Jones Act (46 U.S.C. § 30104), the Death on the High Seas Act (46 U.S.C. §§ 30301-30308), the Limitation of Liability Act (46 U.S.C. §§ 30501-30512), general maritime law, or any other federal or state maritime statute, regulation, or common law doctrine. All claims arising from maritime activities, including but not limited to personal injury, wrongful death, property damage, and economic loss, shall be directed solely to the Charter Operator and/or the vessel owner. The Charter Operator maintains its own marine liability insurance, and Participants are encouraged to request evidence of such coverage directly from the Charter Operator.

3.4 Weather Cancellation & Itinerary Changes

The captain of the charter vessel has sole and absolute authority to determine whether weather and sea conditions are safe for departure, navigation, and all onboard and water-based activities. The captain may, in his or her sole discretion, cancel, delay, shorten, alter the route, or change the destination of any charter based on weather conditions, sea state, tidal patterns, or any other safety consideration. No refund, credit, or compensation shall be owed by TER or the Charter Operator for any weather-related modification to the charter itinerary, including shortened duration, altered destinations, or inability to access specific anchorages or locations. If the captain determines that conditions are unsafe for departure, TER will make commercially reasonable efforts to reschedule the charter, subject to vessel and crew availability.

3.5 Crew Conduct & Captain's Authority

The captain of the charter vessel has absolute and unqualified authority over all matters related to the safety, navigation, and operation of the vessel, including but not limited to departure and return times, speed, route, anchorage selection, passenger movement on and off the vessel, and the commencement or cessation of any water-based activity. All Participants must comply immediately and without objection with all instructions, directives, and safety briefings issued by the captain or any crew member. The captain may, in his or her sole discretion, restrict access to any area of the vessel, limit or prohibit the consumption of alcohol, require the wearing of personal flotation devices, or take any other action deemed necessary for the safety of the vessel, passengers, and crew. Crew members are employees or contractors of the Charter Operator, not TER.

3.6 Fuel Surcharges & Port Fees

Unless expressly included in the confirmed charter price, fuel costs, fuel surcharges, dockage fees, port fees, customs and immigration fees, cruising permits, anchorage fees, marina fees, and any other government-imposed or facility-imposed charges are the responsibility of the Participant and will be billed separately. Fuel consumption varies based on itinerary, weather, sea conditions, and vessel type, and cannot be guaranteed in advance. TER will provide an estimated fuel cost at the time of booking, but the actual fuel cost may differ. Any dispute regarding fuel charges shall be resolved directly between the Participant and the Charter Operator.

3.7 Vessel Damage Liability

The Participant and all members of the Participant's party are jointly and severally liable for any damage to the charter vessel, its equipment, furnishings, electronics, tender vessels, water toys, and any other onboard property caused by the negligence, recklessness, willful misconduct, or intentional acts of any Participant or member of the Participant's party. "Damage" includes but is not limited to physical damage, staining, burns, scratches, dents, breakage, loss of equipment overboard, and any condition requiring professional cleaning or repair beyond normal wear and tear. The Charter Operator will conduct a pre-charter and post-charter inspection of the vessel. The Participant is encouraged to participate in both inspections and to document any pre-existing damage. Repair and replacement costs will be assessed at fair market value, and the Participant authorizes TER to charge the payment method on file for any such costs.

3.8 Safety Protocols & USCG Compliance

All charter vessels facilitated through TER operate in compliance with applicable United States Coast Guard (USCG) regulations, including but not limited to vessel inspection, safety equipment, manning, and licensing requirements. All Participants are required to attend and participate in a mandatory safety briefing conducted by the captain or crew prior to departure. The safety briefing will cover the location and use of life jackets, fire extinguishers, emergency exits, man-overboard procedures, and emergency communication equipment. Personal flotation devices (PFDs) must be worn by all Participants when directed by the captain, during water-based activities, and at all times by minor passengers. Participants who refuse to attend the safety briefing or comply with safety protocols may be denied boarding without refund.

3.9 Alcohol & Controlled Substances

Moderate and responsible consumption of alcoholic beverages is permitted aboard charter vessels for Participants who are at least twenty-one (21) years of age. The captain reserves the right to limit, restrict, or prohibit the consumption of alcohol at any time if, in the captain's sole judgment, such consumption poses a safety risk or contributes to disruptive behavior. The possession, use, distribution, or consumption of any illegal controlled substance, illicit drug, or unauthorized intoxicant aboard the charter vessel is strictly prohibited and constitutes grounds for immediate termination of the charter and return to port, with no refund of any kind. The Participant shall be responsible for all costs associated with the early return, including fuel, crew overtime, and port fees. TER and the Charter Operator shall not be liable for any injury, illness, or incident arising from the consumption of alcohol or any other substance by any Participant.

3.10 Water Sports & Tender Activities

Participation in water sports and tender activities, including but not limited to snorkeling, swimming, diving, paddleboarding, kayaking, jet skiing, tubing, wakeboarding, waterskiing, and fishing, involves significant inherent risks of serious bodily injury, drowning, and death. Each Participant who elects to participate in any water-based activity does so entirely at their own risk and expressly assumes all risks, whether known or unknown, associated with such activities. Personal flotation devices (PFDs) must be worn during all water sports and tender activities unless expressly waived by the captain for experienced swimmers in calm conditions. Minor Participants must wear PFDs at all times when on the tender or engaged in any water activity. A separate assumption of risk and waiver may be required for specific water sports at the discretion of the Charter Operator. TER shall have no liability whatsoever for any injury, death, or property loss arising from water sports or tender activities.

3.11 Environmental Compliance

All charter operations facilitated by TER comply with applicable environmental regulations, including the International Convention for the Prevention of Pollution from Ships (MARPOL), the Clean Water Act, the Endangered Species Act, the Marine Mammal Protection Act, and applicable Puerto Rico and Florida environmental statutes. Participants shall not discharge, dump, or dispose of any garbage, plastic, oil, fuel, sewage, chemicals, or other pollutants into any body of water. Participants shall not harass, feed, touch, pursue, or interfere with any marine life, including but not limited to sea turtles, dolphins, whales, manatees, coral reefs, and protected fish species. Violation of environmental laws may result in significant civil and criminal penalties imposed by federal and state authorities, for which the Participant shall be solely responsible. TER reserves the right to terminate the charter without refund if any Participant engages in environmentally destructive behavior.

3.12 Passenger Conduct & Removal

All Participants are expected to conduct themselves in a respectful, safe, and lawful manner at all times while aboard the charter vessel, on any tender, or during any water-based activity. The captain has the absolute and unqualified authority to terminate the charter and return to port, or to remove any Participant from the vessel at the nearest safe port, if any Participant engages in conduct that is disruptive, threatening, violent, dangerous, illegal, or otherwise incompatible with the safety and enjoyment of other Participants and crew. Conduct warranting removal includes, but is not limited to: physical violence or threats of violence, sexual harassment, excessive intoxication, use of illegal substances, refusal to follow safety instructions, vandalism or intentional damage to the vessel, and behavior that endangers the vessel or any person aboard. No refund shall be owed for any charter terminated due to Participant misconduct, and the Participant may be held liable for all additional costs incurred as a result of early termination.

4.1 FAA Part 135 Charter Compliance

All flights arranged through TER are operated by Aviation Operators holding valid Federal Aviation Administration (FAA) Part 135 Air Carrier Certificates (or equivalent certificates issued by the applicable civil aviation authority for operations outside the United States). TER is an air charter broker and not a direct or indirect air carrier. TER does not operate aircraft, employ pilots or flight crew, maintain aircraft, or exercise operational control over any flight. The Aviation Operator is solely responsible for the operational safety, airworthiness, maintenance, crew training, and regulatory compliance of all aircraft. Participants acknowledge that TER's role is limited to arranging and facilitating the charter booking and that the contractual relationship for air transportation is between the Participant and the Aviation Operator.

4.2 Flight Cancellation, Delay & Diversion

Private aviation is subject to weather delays, air traffic control restrictions, airport closures, temporary flight restrictions (TFRs), mechanical issues, crew duty time limitations, and other factors beyond the control of TER or the Aviation Operator. The pilot-in-command (PIC) and the Aviation Operator have sole and absolute authority to determine whether a flight may safely depart, continue, or must be canceled, delayed, or diverted. TER shall have no liability whatsoever for any flight cancellation, delay, diversion, or route change, regardless of the reason. In the event of a cancellation initiated by the Aviation Operator due to safety or mechanical concerns, TER will make commercially reasonable efforts to arrange alternative transportation or reschedule the flight. No compensation, refund, or credit shall be owed by TER for consequential damages arising from flight disruptions, including but not limited to missed connections, hotel accommodations, lost reservations, or business losses.

4.3 Aircraft Substitution

The Aviation Operator reserves the right to substitute the booked aircraft with a comparable or superior aircraft at any time, for any reason, including but not limited to maintenance requirements, mechanical discrepancies, crew availability, weight and balance considerations, and runway limitations. TER will use commercially reasonable efforts to notify the Participant of any aircraft substitution as soon as practicable. In the event the substitute aircraft is of a materially lower category or capacity than the originally booked aircraft, TER will negotiate a proportional rate adjustment with the Aviation Operator on behalf of the Participant. The determination of comparability shall be based on passenger capacity, range, cabin class, and general amenity level.

4.4 Baggage Limits & Prohibited Items

All Participants must comply with Transportation Security Administration (TSA) regulations, FAA regulations, and the Aviation Operator's baggage policies. Private aircraft have strict weight and balance limitations, and the Aviation Operator sets maximum baggage weight and size limits for each aircraft type. Exceeding baggage limits may result in baggage being left behind or additional charges for supplemental transport. Prohibited items include, but are not limited to, all items prohibited by TSA regulations, hazardous materials, explosives, flammable liquids, compressed gases, firearms (unless properly declared and permitted by law), and any item that the pilot-in-command deems unsafe for transport. TER shall have no liability for baggage that is lost, damaged, delayed, or left behind due to weight restrictions or security regulations. Participants are advised to carry essential medications, travel documents, and valuables in their personal carry-on.

4.5 Passenger Conduct & Crew Authority

The pilot-in-command (PIC) has absolute and final authority over the operation of the aircraft and the conduct of all persons aboard, as mandated by FAA regulations (14 CFR Part 91.3). All Participants must comply immediately and without objection with all instructions, directives, and safety briefings issued by the PIC or any flight crew member. Interference with the duties of the flight crew is a federal offense under 49 U.S.C. § 46504. In the event any Participant exhibits disruptive, threatening, intoxicated, or dangerous behavior, the PIC may divert the aircraft to the nearest suitable airport at the sole expense of the disruptive Participant, including all diversion costs, landing fees, fuel surcharges, crew repositioning costs, and any other associated expenses. TER reserves the right to permanently bar any disruptive Participant from future bookings.

4.6 Liability Caps & International Conventions

For international flights, liability for personal injury, death, and baggage loss or damage may be governed by the Warsaw Convention, the Montreal Convention, or other applicable international treaties and conventions. These conventions impose caps on carrier liability that may limit the amount of compensation available to Participants. TER, as an air charter broker and not an air carrier, is not subject to and does not accept liability under any international aviation convention. All claims for personal injury, death, baggage loss, or flight-related damages shall be directed to the Aviation Operator. Participants are strongly encouraged to obtain personal travel insurance with coverage amounts that exceed the liability limits imposed by applicable international conventions.

4.7 Catering & Custom Requests

TER will use best efforts to accommodate catering, beverage, floral, and other custom requests for private aviation Experience Services. However, catering availability is subject to the departure location, time of day, advance notice provided, and the capabilities of local catering providers. TER does not guarantee the availability of specific menu items, brands, vintages, or specialty products. Allergen information is provided by third-party caterers and TER does not independently verify allergen content or preparation methods. Participants with food allergies or dietary restrictions must notify TER in writing at least seventy-two (72) hours prior to the scheduled flight and assume all risk related to allergen exposure. Catering charges are billed separately and are non-refundable once the order has been placed with the caterer.

4.8 Ground Transportation Coordination

TER may arrange ground transportation to and from airports, FBOs (Fixed Base Operators), and other locations as a convenience to Participants. Ground transportation is provided by independent third-party transport companies and is not operated or controlled by TER. TER shall have no liability for delays, cancellations, vehicle breakdowns, accidents, lost property, or any other issue arising from ground transportation services. Participants acknowledge that ground transportation schedules are estimates only and may be affected by traffic, road conditions, weather, and other factors. Any claims related to ground transportation shall be directed to the transport provider. TER recommends allowing adequate buffer time between ground transportation and scheduled flight departures.

5.1 Operator Requirements

All golf cart operators must possess a valid, unexpired driver's license issued by a U.S. state or territory, or a valid international driving permit accompanied by the operator's domestic license. Operators must be at least twenty-one (21) years of age. No person who has been convicted of, or pled guilty or no contest to, driving under the influence (DUI), driving while intoxicated (DWI), or any similar offense within the preceding five (5) years shall operate a golf cart. Prior to operation, each operator must demonstrate basic competency in the safe operation of the golf cart, including acceleration, braking, turning, and reverse, to the satisfaction of TER staff or the resort's designated representative. TER reserves the right to require a brief orientation session and to deny golf cart access to any individual who, in TER's sole judgment, cannot safely operate the vehicle.

5.2 Damage Liability & Security Deposit

A security deposit hold of five hundred dollars ($500.00) will be placed on the Participant's credit card on file at the time of golf cart rental. This hold is not a charge and will be released within seven (7) to fourteen (14) business days after the return inspection is completed, provided no damage, loss, or policy violation is identified. In the event of damage to the golf cart caused by the negligence, recklessness, misuse, or intentional acts of the operator or any passenger, the Participant shall be liable for the full cost of repair or replacement, up to and including the full replacement value of the golf cart, regardless of whether such amount exceeds the security deposit. If the repair or replacement cost exceeds the security deposit, the Participant authorizes TER to charge the difference to the payment method on file. The Participant is also responsible for any insurance deductible amounts applicable to the damage.

5.3 Prohibited Use

Golf carts provided by TER may only be operated in accordance with the following restrictions. Violation of any prohibited use provision shall result in immediate termination of the rental without refund, forfeiture of the security deposit, and the Participant's assumption of full liability for any resulting damage, injury, or loss.

• Operation on public roads, highways, or any roadway not specifically designated for golf cart use by the resort or local authority.
• Carrying passengers in excess of the manufacturer's rated seating capacity.
• Operation while under the influence of alcohol, drugs, medications, or any substance that impairs the operator's ability to safely operate the vehicle.
• Operation on terrain not designated for golf cart use, including beaches, hiking trails, unpaved surfaces (unless specifically permitted), and steep grades.
• Racing, stunt driving, reckless operation, excessive speed, or any use that endangers the operator, passengers, pedestrians, or property.
• Transport of hazardous materials, flammable liquids, compressed gases, or any dangerous goods.
• Operation by any person who does not meet the operator requirements set forth in Section 5.1, including unauthorized, unlicensed, or underage operators.
• Towing any vehicle, trailer, or object, or using the golf cart as a platform for any purpose other than passenger transport.
• Modification, alteration, or tampering with the golf cart's speed governor, safety features, electrical system, or any mechanical component.

5.4 Resort Traffic Rules & Designated Routes

Golf cart operators must observe all posted speed limits, which are typically fifteen (15) miles per hour or less within resort property. Operators must yield the right of way to pedestrians, cyclists, and resort maintenance vehicles at all times. Golf carts must be parked only in designated parking areas and must not block roadways, walkways, building entrances, or emergency access routes. Nighttime operation is permitted only if the golf cart is equipped with functioning headlights and taillights, and operators must exercise heightened caution during low-visibility conditions. Headlights must be activated from dusk until dawn and during any period of reduced visibility. Operators must obey all directional signage, one-way designations, and traffic control devices within the resort. TER and the resort management reserve the right to revoke golf cart privileges at any time for repeated or serious traffic violations.

5.5 Return Condition & Inspection

The golf cart must be returned to the designated return location at or before the scheduled return time in the same condition as when it was received, reasonable wear and tear excepted. The golf cart should be returned with the same battery charge level or fuel level as at the time of pickup. If the golf cart is returned in an excessively dirty condition (mud, sand, food, beverage spills, pet hair, or similar), a cleaning fee of up to one hundred fifty dollars ($150.00) may be assessed. TER will conduct a return inspection within twenty-four (24) hours of the return. Photographs documenting the condition of the golf cart at both pickup and return will be taken by TER staff. Participants are encouraged to be present during both the pickup and return inspections and to take their own photographs. Any damage identified during the return inspection that was not documented at pickup will be presumed to have occurred during the rental period.

5.6 Accident Reporting & Insurance

In the event of any accident, collision, property damage, or personal injury involving the golf cart, the operator must immediately (and in no event later than one (1) hour after the incident): (a) stop the golf cart and ensure the safety of all passengers and bystanders; (b) do not move the golf cart from the accident scene unless necessary for safety; (c) contact resort security or management immediately; (d) contact TER at the concierge phone number or WhatsApp; and (e) obtain a police report if required by law or if any person is injured. The operator must cooperate fully with any investigation conducted by TER, the resort, law enforcement, or insurance companies. TER's liability for golf cart-related incidents is limited to the amount of the security deposit on file, and TER disclaims all liability in excess of such amount to the fullest extent permitted by applicable law. Participants are encouraged to verify that their personal auto insurance or travel insurance provides coverage for golf cart or LSV operation.

6.1 Allergen Disclosure & Dietary Restrictions

Each Participant MUST disclose ALL known food allergies, dietary restrictions, food intolerances, and relevant medical conditions (including celiac disease, diabetes, and anaphylaxis history) in writing to TER no later than seventy-two (72) hours prior to the scheduled culinary Experience. This disclosure must include the specific allergens, the severity of the allergy, and any emergency medications (such as EpiPen) that the Participant carries. TER will communicate all disclosed allergens and dietary restrictions to the assigned chef or caterer; however, TER does not guarantee an allergen-free environment. Cross-contamination is an inherent risk in any kitchen or food preparation environment, and Participants with severe allergies acknowledge and accept this risk. Neither TER nor the chef or caterer shall be liable for any allergic reaction, illness, or adverse health event resulting from undisclosed allergies, unreported dietary restrictions, or cross-contamination during food preparation. Participants with life-threatening allergies are strongly advised to carry appropriate emergency medications at all times and to inform all dining companions of their condition.

6.2 Chef Cancellation & Substitution

TER reserves the right to substitute the assigned chef, caterer, or culinary professional with a comparable professional of similar experience and skill level at any time, for any reason, including but not limited to illness, emergency, scheduling conflict, or travel disruption. TER will provide as much advance notice as practicable and will endeavor to ensure that the substitute professional is fully briefed on all menu selections, allergen disclosures, and special requests. Guest cancellation of a culinary Experience requires at least forty-eight (48) hours' written notice prior to the scheduled start time. Cancellations made with less than forty-eight (48) hours' notice are subject to a cancellation fee of fifty percent (50%) of the total quoted price. No-shows (failure to be present at the scheduled time without prior cancellation) will be charged the full quoted price with no refund. Ingredient procurement costs are non-refundable once the chef has purchased provisions for the Experience, regardless of cancellation timing.

6.3 Alcohol Service & Liability

Alcoholic beverages served during culinary Experiences are available only to Participants who are at least twenty-one (21) years of age. Valid photo identification may be required prior to alcohol service. TER and its culinary Service Providers practice responsible alcohol service and reserve the right to limit, restrict, or discontinue alcohol service to any Participant who appears intoxicated. TER shall not be liable for any injury, illness, accident, property damage, or other consequence arising from the consumption of alcoholic beverages by any Participant, whether served during the Experience or otherwise. Corkage fees may apply if Participants supply their own wine or spirits, and such fees will be communicated in advance. TER does not guarantee the availability of specific wines, vintages, spirits, or brands, and substitutions may be made at the chef's or sommelier's discretion.

6.4 Kitchen & Property Use

The assigned chef or culinary professional will require access to the kitchen facilities at the designated property for the duration of the Experience, including reasonable time for setup, preparation, service, and cleanup. The Participant is responsible for ensuring that the kitchen facilities are in clean and operable condition prior to the chef's arrival and for providing access to all necessary cooking appliances, utensils, and serving ware, unless otherwise arranged in advance. Any specialized equipment, cookware, or serving items not available at the property must be communicated to TER at least seventy-two (72) hours in advance so that arrangements can be made, which may incur additional charges. The chef will leave the kitchen in a clean and orderly condition following the Experience. The Participant is responsible for any damage to kitchen facilities, appliances, or property that occurs during the Experience due to the actions of the Participant or members of the Participant's party, as distinguished from normal use by the chef.

7.1 Medical Fitness & Health Disclosure

Each Participant must disclose all relevant medical conditions, injuries, surgeries (within the past 12 months), pregnancy (including suspected pregnancy), chronic health conditions, skin conditions, allergies (including to oils, lotions, and aromatherapy products), and current medications in writing to TER prior to the scheduled wellness Experience. This disclosure is essential for the practitioner to assess the suitability of the requested treatment and to modify techniques as necessary for the Participant's safety. The wellness practitioner reserves the right to refuse service, modify the treatment, or terminate the session at any time if, in the practitioner's professional judgment, the treatment may pose a risk to the Participant's health or safety. Wellness Experience Services are not a substitute for professional medical treatment, diagnosis, or advice. Participants with acute medical conditions, recent surgical procedures, or ongoing medical treatment should consult their physician before booking any wellness Experience.

7.2 Practitioner Qualifications Disclaimer

TER exercises commercially reasonable diligence in selecting wellness practitioners, including verification of applicable licenses, certifications, professional insurance, and relevant experience. However, all wellness practitioners are independent contractors and are not employees, agents, or representatives of TER. TER does not supervise, direct, or control the manner in which wellness practitioners perform their services. TER makes no representations or warranties regarding the skill, expertise, qualifications, or performance of any wellness practitioner beyond the initial verification of credentials. Any claims, complaints, or disputes regarding the quality of service, professional conduct, or outcome of a wellness treatment should be communicated to TER promptly but shall ultimately be the responsibility of the individual practitioner and their professional liability insurance.

7.3 Cancellation & No-Show

Guest cancellation of a wellness Experience requires at least twenty-four (24) hours' written notice prior to the scheduled appointment time to receive a full refund. Cancellations made between twelve (12) and twenty-four (24) hours prior to the scheduled appointment are subject to a cancellation fee of fifty percent (50%) of the total quoted price. Cancellations made less than twelve (12) hours prior to the scheduled appointment, or failure to be present at the scheduled time and location (no-show), will be charged the full quoted price with no refund. Late arrivals will result in a shortened treatment session, with no reduction in price, as the practitioner must adhere to their subsequent appointment schedule. These cancellation terms apply equally to all wellness services, including multi-session packages and group bookings.

7.4 Assumption of Risk for Treatments

Each Participant who elects to receive any wellness treatment expressly acknowledges and assumes all risks inherent in such treatment, including but not limited to: muscle soreness, bruising, skin irritation, allergic reactions to oils, lotions, aromatherapy products, or other treatment materials, temporary discomfort, dizziness, lightheadedness, nausea, exacerbation of pre-existing conditions, and adverse reactions to heat treatments, cold treatments, hydrotherapy, or pressure application. Participants acknowledge that individual responses to wellness treatments vary and that outcomes cannot be guaranteed. TER and the wellness practitioner shall not be liable for any adverse reaction, injury, or discomfort experienced during or after a wellness treatment, except in cases of gross negligence or willful misconduct by the practitioner. Participants are encouraged to communicate any discomfort immediately during the treatment so that the practitioner may adjust the technique accordingly.

8.1 Event Scope & Pre-Authorization

Any Participant wishing to host an event, gathering, celebration, or function at or in connection with a TER property must submit a written event request to TER no fewer than thirty (30) days prior to the proposed event date. The event request must include a full description of the event, the anticipated number of guests, entertainment details (DJ, live band, performers), catering plans, alcohol service plans, décor and setup requirements, vendor information, event timeline, and any special requests. Written approval from both TER and the property owner (or property management company) is required before any event may proceed. TER reserves the right to deny any event request for any reason, including but not limited to concerns about noise, property damage, guest count, neighborhood impact, insurance requirements, or reputational considerations. Events that proceed without prior written authorization are subject to immediate termination, forfeiture of all deposits, and additional penalty charges.

8.2 Venue Capacity & Noise Compliance

All events must comply with applicable local noise ordinances, including those established by the municipalities of Puerto Rico and the State of Florida. Resort quiet hours are generally observed from 10:00 PM to 8:00 AM, and all outdoor amplified music, loudspeakers, and noise-generating activities must cease by 10:00 PM unless a specific variance has been obtained in writing. Maximum event capacity is determined by the property's fire code occupancy rating and must not be exceeded under any circumstances. TER will communicate the maximum capacity for the specific venue, and it is the Participant's responsibility to enforce guest count limits. Outdoor amplified music is subject to additional restrictions and may require advance approval from the resort, homeowners' association, or local authorities. Violation of noise ordinances or capacity limits may result in immediate event shutdown by TER, resort management, or law enforcement, without refund.

8.3 Event Insurance Requirements

All events hosted at or in connection with a TER property require the Participant to obtain and provide evidence of comprehensive general liability (CGL) insurance with a minimum coverage amount of two million dollars ($2,000,000.00) per occurrence, naming TER PR LLC, the property owner, and the resort or homeowners' association (if applicable) as additional insureds on the policy. If alcoholic beverages are to be served at the event, the Participant must additionally obtain liquor liability insurance with a minimum coverage amount of one million dollars ($1,000,000.00). Evidence of insurance (certificate of insurance or binder) must be provided to TER no later than fourteen (14) days prior to the event date. Event cancellation insurance is strongly recommended to protect the Participant's financial investment in the event. Failure to provide the required evidence of insurance by the specified deadline may result in cancellation of the event without refund of deposits.

8.4 Vendor Coordination & Third-Party Liability

All third-party vendors, contractors, caterers, entertainers, decorators, florists, photographers, videographers, and other service providers engaged by the Participant for the event must provide a certificate of insurance (COI) with a minimum of one million dollars ($1,000,000.00) in general liability coverage, naming TER PR LLC as an additional insured. Vendor COIs must be submitted to TER no later than fourteen (14) days prior to the event date. All vendors are independent contractors engaged directly by the Participant or by TER on the Participant's behalf, and TER shall have no liability for the performance, quality, conduct, or negligence of any vendor. TER may coordinate with vendors as a convenience to the Participant but does not assume any responsibility for vendor deliverables, timelines, or contractual obligations. Vendors must comply with all property rules, resort regulations, and these Experience Terms.

8.5 Damage Deposit & Post-Event Assessment

A minimum event damage deposit of five thousand dollars ($5,000.00) is required for all events and must be received by TER no later than fourteen (14) days prior to the event date. The damage deposit amount may be increased at TER's discretion based on the size, nature, and scope of the event. TER will conduct a post-event inspection of the property within seventy-two (72) hours following the conclusion of the event. Any damage to the property, furnishings, landscaping, common areas, fixtures, equipment, or other property in excess of normal wear and tear will be documented with photographs and assessed at fair market repair or replacement cost. Damage costs will be deducted from the damage deposit, and any excess damage costs will be billed to the Participant's payment method on file. The undamaged portion of the deposit will be released within fourteen (14) business days following the post-event inspection, provided no claims are pending.

8.6 Setup & Teardown Windows

Event setup may begin no earlier than four (4) hours prior to the scheduled event start time, unless an alternative setup window has been agreed upon in writing with TER. All teardown, cleanup, and removal of event materials, décor, equipment, and vendor property must be completed no later than twelve (12) hours after the conclusion of the event. Overtime fees of two hundred fifty dollars ($250.00) per hour will be assessed for any setup or teardown activity that exceeds the allotted windows. The Participant is responsible for ensuring that all vendors, decorators, and contractors complete their teardown within the specified window. Any items left behind after the teardown window will be removed and disposed of by TER at the Participant's expense, and TER shall have no liability for lost, damaged, or discarded items. The property must be returned to its pre-event condition, including removal of all trash, recycling, and compostable materials generated by the event.

9.1 Activity-Specific Waivers

Each high-risk Activity requires the execution of a separate, activity-specific assumption of risk and liability waiver prior to participation. These waivers are in addition to the general assumption of risk set forth in Section 2.2 and these Experience Terms. Activities that require individual waivers include, but are not limited to: scuba diving, skydiving, bungee jumping, paragliding, heli-skiing, rock climbing, rappelling, zip-lining, white-water rafting, ATV operation, horseback riding, safari game drives, jungle expeditions, cave exploration, and any other Activity designated as high-risk by TER or the Service Provider. Waivers must be signed by each Participant (or by a parent or legal guardian for minor Participants) prior to the commencement of the Activity. Refusal to sign the required waiver will result in denial of participation without refund. Digital signatures are accepted where permitted by applicable law.

9.2 Medical Fitness & Age Requirements

Certain adventure Activities require a medical clearance certificate from a licensed physician, issued within the preceding twelve (12) months, confirming the Participant's fitness to engage in the specific Activity. Activities requiring medical clearance include scuba diving (including a dive medical questionnaire), skydiving, heli-skiing, high-altitude expeditions, and any Activity designated by the Service Provider as requiring medical fitness verification. Minimum age requirements vary by Activity and are determined by the Service Provider in accordance with industry standards and local regulations. Pregnant individuals are prohibited from participating in any high-risk or adventure Activity. Certain Activities may impose maximum weight or body mass index (BMI) restrictions based on equipment limitations and safety protocols established by the Service Provider. The Service Provider has sole discretion to deny participation to any Participant who does not meet the medical, age, weight, or fitness requirements for the Activity.

9.3 Equipment Liability Disclaimer

Equipment, gear, and apparatus used during adventure Activities (including but not limited to diving equipment, climbing harnesses, helmets, parachutes, zip-line hardware, life jackets, ATV vehicles, bicycles, surfboards, and other sporting equipment) are provided, maintained, and inspected by the third-party Service Provider, not by TER. TER makes no representations or warranties regarding the condition, safety, maintenance history, or suitability of any equipment provided by a Service Provider. Participants assume all risks associated with equipment use, including the risk of equipment failure, malfunction, or unsuitability. Participants who bring their own personal equipment do so entirely at their own risk, and the Service Provider and TER accept no liability for damage to personal equipment. Participants should inspect all provided equipment before use and immediately report any defects, damage, or concerns to the Service Provider or guide.

9.4 Guide & Instructor Liability Disclaimer

Guides, instructors, dive masters, trail leaders, safari guides, and other activity leaders are employees or independent contractors of the third-party Service Provider and are not employees, agents, or representatives of TER. TER does not supervise, direct, control, or evaluate the performance of any guide or instructor. While TER exercises commercially reasonable diligence in selecting reputable Service Providers, TER makes no representations or warranties regarding the skill, judgment, qualifications, certifications, or conduct of any individual guide or instructor. Participants must follow all instructions, safety briefings, and directives issued by guides and instructors without exception. Failure to follow instructions may result in denial of continued participation without refund and may increase the risk of serious injury or death. Any claims related to the conduct, negligence, or performance of a guide or instructor shall be directed to the Service Provider.

9.5 Emergency Evacuation & Medical Insurance

Comprehensive medical evacuation insurance with a minimum coverage amount of one hundred thousand dollars ($100,000.00) is REQUIRED for all Participants engaging in adventure or expedition Activities. This insurance must cover emergency medical evacuation by helicopter, fixed-wing aircraft, or ground ambulance from remote or difficult-to-access locations, as well as repatriation to the Participant's home country if necessary. Participants must provide proof of medical evacuation insurance coverage to TER no later than seventy-two (72) hours prior to the scheduled Activity by emailing a copy of their insurance certificate or policy declaration page to concierge@theestatereserve.com. TER reserves the right to deny participation in any adventure Activity if proof of adequate insurance coverage is not provided within this timeframe. Failure to provide proof of insurance does not entitle the Participant to a refund under the Cancellation Policy; cancellation tiers apply based on when TER receives written cancellation notice. TER does not provide medical evacuation insurance and shall not be responsible for any costs associated with emergency medical treatment, hospital stays, ambulance transport, helicopter evacuation, search and rescue operations, or repatriation. All medical expenses incurred as a result of participation in an adventure Activity are the sole responsibility of the Participant. Participants are strongly advised to carry a physical or digital copy of their insurance card and emergency contact information at all times during the Activity.

9.6 Travel Documentation

Participants are solely responsible for obtaining and maintaining all travel documentation required for participation in any adventure or expedition Activity, including but not limited to: a valid passport with at least six (6) months of remaining validity, any required visas or travel authorizations, health certificates, vaccination records (including yellow fever, COVID-19, or other vaccinations as required by the destination country or activity provider), dive certifications (for scuba diving), and any other permits or documentation required by the destination country, local authority, or Service Provider. TER shall have no liability for any Participant's failure to obtain, carry, or present required travel documentation. No refund, credit, or compensation shall be owed if a Participant is unable to participate in an Activity due to inadequate or expired travel documentation, denied entry at a border or port of entry, or failure to meet vaccination requirements.

10.1 Vehicle Availability & Substitution

TER will make commercially reasonable efforts to provide the specific vehicle type, make, model, and color requested by the Participant. However, vehicle availability is subject to fleet inventory, maintenance schedules, and operational demand. TER and the transport provider reserve the right to substitute the requested vehicle with a comparable or superior vehicle at any time, for any reason. "Comparable" shall mean a vehicle of similar class, passenger capacity, and amenity level. In the event that no comparable vehicle is available and the service must be canceled, TER will offer a full refund of all amounts paid for the transport service. TER shall not be liable for any consequential damages arising from vehicle substitution, including but not limited to delayed arrivals or missed events.

10.2 Schedule Changes & Delays

Participants must provide at least twenty-four (24) hours' written notice to TER for any changes to the scheduled pickup time, pickup location, or destination. Changes made with less than twenty-four (24) hours' notice are subject to availability and may incur a schedule change fee of up to seventy-five dollars ($75.00). Wait time charges of two dollars ($2.00) per minute will apply after a complimentary fifteen (15) minute grace period from the scheduled pickup time. For airport pickups, the chauffeur will monitor flight status and adjust the pickup time accordingly; the fifteen (15) minute grace period begins upon the flight's actual arrival at the gate. TER shall have no liability for delays caused by traffic congestion, road closures, construction, accidents, weather conditions, or any other factor beyond the driver's reasonable control. Participants are advised to allow adequate buffer time for all scheduled pickups, particularly those preceding flights, events, or time-sensitive reservations.

10.3 Luggage Liability

TER's liability for luggage that is lost, damaged, or stolen during an executive transport service is limited to a maximum of five hundred dollars ($500.00) per passenger. This liability cap applies to all luggage, bags, parcels, and personal items entrusted to the driver or placed in the vehicle during the transport service. Participants are strongly advised not to leave valuables, jewelry, electronics, important documents, cash, medications, or irreplaceable items unattended in the vehicle at any time. TER shall have no liability for items left behind in the vehicle after the conclusion of the transport service; however, TER will make reasonable efforts to locate and return any items reported within twenty-four (24) hours of the service. Claims for lost or damaged luggage must be submitted to TER in writing within seventy-two (72) hours of the transport service, accompanied by a description of the item(s) and evidence of value.

10.4 Vehicle Damage & Cleaning Fees

Participants and all members of the Participant's party are jointly and severally liable for any damage to the interior or exterior of the vehicle caused during the transport service. Interior damage, including but not limited to staining, tearing, burns, scratches, or other conditions requiring professional cleaning or repair, will be assessed at the actual cost of repair plus a two hundred fifty dollar ($250.00) administrative fee. Smoking (including e-cigarettes and vaping) inside the vehicle is strictly prohibited and will result in a five hundred dollar ($500.00) cleaning and deodorization fee. Excessive mess requiring professional detailing beyond standard post-trip cleaning (including but not limited to food debris, beverage spills, sand, mud, or pet hair) will be assessed a cleaning fee of one hundred fifty dollars ($150.00). All damage and cleaning fees will be charged to the Participant's payment method on file. Participants will be provided with photographic documentation of any damage or condition giving rise to additional charges.

10.5 Gratuity & Additional Charges

Gratuity for the chauffeur is not included in the quoted transport price and is at the sole discretion of the Participant. Gratuity of fifteen to twenty percent (15-20%) of the service fee is customary but not mandatory. All tolls, bridge fees, tunnel fees, and parking charges incurred during the transport service are included in the quoted price unless otherwise specified in the booking confirmation. Additional stops beyond those specified in the original booking may incur supplemental charges of twenty-five dollars ($25.00) per additional stop, plus any additional time charges. Requests for specific amenities (bottled water, champagne, snacks, specific music, child car seats) will be accommodated on a best-efforts basis and may incur additional charges. Airport meet-and-greet services with name sign inside the terminal are available upon request and may incur an additional fee.

11.1 AI Disclosure

TER's WhatsApp concierge and digital communication services are powered, in whole or in part, by artificial intelligence ("AI") technology, including natural language processing models and automated response systems. AI may generate responses automatically based on the Participant's messages, booking history, preferences, and available data. AI-generated responses are provided for informational and convenience purposes only and do not constitute professional advice of any kind, including legal, medical, financial, tax, or investment advice. While TER strives for accuracy and helpfulness in AI-generated responses, AI technology has inherent limitations and may produce responses that are incomplete, inaccurate, outdated, or contextually inappropriate. TER does not guarantee the accuracy, completeness, or reliability of any AI-generated response.

11.2 Message Retention & Data Processing

Messages exchanged with TER's AI concierge and digital services are retained for a period of ninety (90) days for purposes of service quality assurance, continuity of service, dispute resolution, and compliance with applicable legal requirements. After the ninety (90) day retention period, messages are automatically and permanently deleted from TER's systems unless a longer retention period is required by law or necessary for an ongoing dispute or legal proceeding. Messages may be reviewed by authorized members of TER's human team for quality assurance, training, safety monitoring, and to improve the accuracy and performance of the AI system. Personal data contained in messages is processed in accordance with TER's Privacy Policy, which governs the collection, use, storage, and sharing of personal data. By using TER's AI concierge or digital services, Participants consent to the processing of their messages as described in this section and in the Privacy Policy.

11.3 Accuracy Disclaimer & Limitations

AI-generated responses may contain inaccurate, incomplete, or outdated information regarding pricing, availability, property details, Experience descriptions, policies, local regulations, travel requirements, and other subject matter. Participants must always verify critical details, including but not limited to pricing, availability, booking confirmations, cancellation policies, travel requirements, health and safety information, and legal obligations, with a human TER representative before making decisions based on AI-generated information. The AI concierge cannot and does not make binding commitments, enter into contracts, modify existing bookings, process payments, issue refunds, or waive any terms or conditions on behalf of TER. Any commitment, modification, or waiver represented by the AI system is not effective unless separately confirmed in writing by an authorized human representative of TER. TER shall have no liability for any loss, damage, expense, or inconvenience arising from reliance on AI-generated information.

11.4 Human Escalation Rights

Participants may request assistance from a human TER team member at any time during an AI concierge interaction. To be connected with a human representative, Participants may type "HUMAN," "AGENT," "REPRESENTATIVE," or "SPEAK TO A PERSON" (or substantially similar language) in the chat interface. TER's human team is available during regular business hours, which are Monday through Saturday, 9:00 AM to 8:00 PM Eastern Time, excluding federal holidays observed in Puerto Rico and Florida. Requests for human assistance received outside of business hours will be queued and addressed on the next business day in the order received. Emergency situations, including medical emergencies, safety concerns, security incidents, and situations involving immediate risk of harm, will always be prioritized and handled by human team members regardless of the time of day. Participants experiencing an emergency should call 911 or the appropriate local emergency number immediately and not rely solely on the AI concierge for emergency assistance.

11.5 No Professional Advice

The AI concierge and all digital services provided by TER are designed to assist with Experience bookings, provide general information about TER's services and properties, and offer destination recommendations for convenience purposes only. The AI concierge does not provide and should not be relied upon for legal advice, medical advice, financial advice, tax advice, immigration advice, insurance advice, or any other form of professional advice. All information and recommendations provided by the AI concierge are for general informational purposes only and should not be construed as a substitute for consultation with qualified professionals in the relevant field. TER expressly disclaims any liability arising from a Participant's reliance on AI-generated information as professional advice. Participants should consult with licensed attorneys, physicians, financial advisors, and other qualified professionals for matters requiring professional expertise.