Bryte Lyfe Bucket Lyst Program Terms and Conditions

Effective Date: April 1, 2024

1. Program

The Bryte Lyfe Bucket Lyst Program (“Program”) is operated by Bryte Lyfe LLC, a Texas based LLC (“Company”). Program Members will be rewarded for their loyalty with the opportunity to enjoy a Bucket Lyst Trip Award subject to these Terms and Conditions and acceptance of the booking terms applicable to any such Bucket Lyst Trip through electronic signature at the time of booking.

2. Eligibility

Individuals who sign up as a Bryte Lyfe Member (“Member”) are eligible to participate in the Program.

3. Enrollment in the Program

• 3.1. Bryte Lyfe Members must accept these Terms and Conditions to enroll in the Program.
• 3.2. To earn a Bucket Lyst Trip Award, a Program Member must maintain an active Bryte Lyfe Membership for twelve (12) consecutive months from enrollment in the Program (“Qualifying Period”). A Program Member is eligible to earn one Bucket Lyst Trip in a twelve (12) month period. The Bucket Lyst Trip is awarded on the twelve (12) month anniversary of enrollment in the Program and on each subsequent twelve (12) month anniversary of enrollment (each an “Award Date”). Each twelve (12) month period is a Qualifying Period for the Bucket Lyst Trip awarded at the end of that Qualifying Period. For the avoidance of doubt, Bryte Lyfe Members pay a membership fee every 28-day billing period. The Qualifying Period for the Bucket Lyst Trip Award is twelve (12) months and not twelve 28-day billing periods from the enrollment date and each annual anniversary thereafter.
• 3.3. If a Member has a Bryte Lyfe Membership fee unpaid, refunded or a chargeback occurs for any reason, the Company has the right to restart the applicable Qualifying Period and reset active Membership months credited for the Program at zero.
• 3.4. The Company may but is not obligated to allow a twenty-eight (28) day grace period when a Bryte Lyfe Membership fee is unpaid, refunded or charged back but will not permit more than one twenty-eight (28) day grace period in any twelve (12) month Qualifying Period. If the permitted grace period lapses and the Member subsequently resumes paying their membership fee the applicable anniversary date shall be twelve (12) months from the date of the first resumed membership fee payments.
• 3.5. The Company may discontinue a Member’s membership in the Bucket Lyst Trip Program and may cancel any future booked travel if the Member cancels their Bryte Lyfe Membership.

4. Booking your Bucket Lyst Trip

• 4.1. All Bucket Lyst Trip bookings are made subject to the terms and conditions of the Bryte Lyfe Membership and its partner suppliers’ and vendors’ booking terms and conditions.
• 4.2. The “Bucket Lyst Booking Agreement” must be electronically signed at the time of booking.
• 4.3. All travel on a Bucket Lyst Trip must be booked and travel completed within twelve (12) calendar months of the Bucket Lyst Trip Award Date.
• 4.4. Bucket Lyst Trips will be offered at one of the “10 Bucket Lyst” locations on the Member’s Bryte Lyfe App and will be subject to availability and will generally not be available on holidays or during special events.
• 4.5. Bucket Lyst Trips do not include meals, flights from or to your departure airport or hotel transfers.
• 4.6. Bucket Lyst Trips are awarded to a Bryte Lyfe Membership ID and must be booked only by the named lead individual on a Bryte Lyfe Membership ID.
• 4.7. Bucket Lyst Trips may not be transferred, sold or gifted.
• 4.8. The lead individual named on the Bryte Lyfe Member account that is awarded the Bucket Lyst Trip must be present at check in to the accommodation provided on the Bucket Lyst Trip and must be an active Bryte Lyfe Member in good standing at check in and for the duration of the Bucket Lyst Trip.
• 4.9. Bucket Lyst Trips are 4-day/3-night trips for two adults based on accommodation in a standard hotel room with double occupancy and Bryte Lyfe will cover the cost of the hotel and local taxes.
• 4.10. Bryte Lyfe will make every attempt to use a hotel with public ratings of FIVE STARS to fulfill the Bucket Lyst Trip.

5. Cancellation

• 5.1. Bryte Lyfe will use best efforts to provide reasonable notice of cancellation of a Bucket Lyst Trip. If a Bucket Lyst Trip is cancelled by Bryte Lyfe, Bryte Lyfe may offer an alternative Bucket Lyst Trip of equivalent standard and value but is not responsible for any additional costs incurred by the Member as a result of the cancellation.
• 5.2. If the Member cancels their Bucket Lyst Trip then Bryte Lyfe is not obligated to provide an alternative Bucket Lyst Trip.
• 5.3. Members are advised to consider travel insurance to cover any additional costs that may be incurred.
• 5.4. There is no cash alternative to the Bucket Lyst Trip.

6. Limitation of Liability

NEITHER THE COMPANY, NOR ITS AFFILIATES, PARTNERS, AGENTS, OR THE ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, TRAVEL CANCELLATION, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF OR DAMAGE TO REVENUE, PROFITS, SAVINGS, GOODWILL OR DATA) (COLLECTIVELY, "LOSSES AND DAMAGES"), DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO (I) THESE TERMS OF AGREEMENT; (II) THE PROGRAM; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF YOUR MEMBER ACCOUNT OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM; OR (VI) THE, REDEMPTION OR BOOKING OR USE OF ANY AWARD. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY OR ITS AFFILIATES OR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

7. No Warranty

THE PROGRAM IS PROVIDED "AS-IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM.

8. The Program May Be Changed

• 8.1. Bryte Lyfe reserves the right, at its sole discretion, to change the Program, in whole or in part; or to modify or change award procedures or to modify or change the location, accommodations or dates of any Bucket Lyst Trip.
• 8.2. The Program will start on April 1, 2024.

9. Force Majeure

In the event Bryte Lyfe is unable to perform its obligations under these Terms and Conditions because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, Bryte Lyfe shall not be liable for damages to the Member for any damages resulting from such failure to perform or otherwise from such causes.

10. General

• 10.1. The Company’s failure to enforce a particular term or requirement does not constitute a waiver of that term or requirement by the Company.
• 10.2. All questions or disputes regarding eligibility for the Program will be resolved by the Company at its sole discretion.
• 10.3. From time to time, the Company may offer special benefits to those Members who achieve certain milestones within the Program, such special benefits determined and provided at the sole discretion of the Company.
• 10.4. The determination of tax liability arising out of the award of a Bucket Lyst Trip shall be the sole responsibility of the Member. Members should consult their tax advisor with any questions.
• 10.5. As a condition of participating in this Program, you agree that (1) any and all disputes, claims and causes of action arising out of or connected with this Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Dallas, Texas; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of the Agreement, or the rights and obligations of you and Company in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas.

If you have any questions regarding the Bucket Lyst Trip Program contact: