Liftbrief / Expert Q&A

14. What protection does the buyer actually have over prepaid funds?

Put this to: Amanda Applegate, with the family office CFO and appropriate financial diligence support.

Why it matters: a programme balance needs contractual analysis. In its Form 10-K filed on 5 March 2026, covering 2025, flyExclusive described Jet Club deposits as non-refundable and recorded as deferred revenue until used. This historical disclosure illustrates a question to ask; it is neither a current offer to every customer nor a conclusion about provider creditworthiness. (ir.flyexclusive.com)

Question: “Who legally receives our money, when may they use it, and what rights remain if services stop?”

A good answer should cover:

  • The contracting and payment-receiving entities, including any relevant guarantees.
  • Whether funds are segregated, and the actual legal effect of that arrangement.
  • Any escrow agent, release conditions, reconciliation process and supporting documents.
  • Refund rights, processing periods, deductions and disputes.
  • What counsel can establish about the buyer’s position if the provider fails.
  • Whether a smaller commitment or staged funding is available on acceptable terms.

Follow-up: “If the sales presentation says ‘protected’, show the instrument creating that protection. What event activates it, and who enforces it?”

Evidence to request: the agreement, custody or escrow documentation where applicable, and appropriately current financial information. Do not equate a refund promise with demonstrated access to cash, or a separate account with a legal opinion on insolvency protection.

Expert quote: [Pending interview, attribution and approval.]