Cancellation and No-Show Policy

Effective date: the date shown in your member account, onboarding flow, or checkout confirmation.

Operator: Jaybird Sim Center (“Jaybird,” “we,” “us,” “our”), 2550 N Thunderbird Cir #132, Mesa, Arizona 85215, and any successor or additional locations.

Member (“you,” “your”): the account holder who books, holds, or attends a simulator session, including day-pass holders, block-hour purchasers, guardians booking on behalf of a minor participant, and organizational account holders booking on behalf of named users.

This Cancellation and No-Show Policy (“Policy”) governs how simulator sessions are booked, changed, cancelled, missed, and reallocated at Jaybird. It is incorporated into and read together with Jaybird’s Terms of Service, Privacy Policy, No Refund Policy, Liability Waiver and Release, Membership Agreement, Equipment Damage Policy, Simulator Use Policy, Identity & Flight Training Disclosure, Door Access & Facility Security Agreement, Member Simulator Lease & Equipment Use Agreement, Independent Instructor & Training Provider Agreement, Simulator Lease & Training Provider Agreement, TSA Flight Training Security Program Compliance & Flow-Down Addendum, Minor Participation & Guardian Consent Agreement, Guest & Visitor Waiver, Photo, Video & Media Release, Electronic Communications & E-Sign Consent, Cookie & Tracking Technologies Policy, and Accessibility Statement. Membership hours restored or instructor credits issued under this Policy are not cash refunds.

1. Definitions

“Session” means a booked simulator reservation, with or without an instructor, including day-pass sessions, block-hour sessions, event and group sessions, and lease or training-provider blocks.

“Protected Parties” means Jaybird Sim Center and each of its owners, members, managers, officers, directors, partners, affiliates, successors, and assigns; employees, agents, volunteers, and interns; independent contractors and subcontractors; lessors, landlords, and property managers; equipment manufacturers, vendors, licensors, distributors, integrators, and software providers; outside flight instructors, flight schools, training providers, and partner organizations (including DSA and affiliated schools where applicable); insurers and reinsurers; and each of their respective owners, officers, directors, employees, agents, and insurers.

“Entitlement hours” means membership plan hours debited for a booking, restored to your balance when a cancellation qualifies.

“Instructor credit” means a dollar credit applied only to a future instructor session at Jaybird — not cash, not transferable, and not refundable.

“Captain” means the Proficiency plan tier, including any founding or legacy plan that Jaybird maps to the Proficiency tier in the portal.

“Aviator” means the Currency plan tier and every other standard plan that is not mapped to the Proficiency tier.

“Notice time” means the moment your cancellation is recorded, as defined in Section 3.

“Start time” means the scheduled start of the Session as shown in the Jaybird portal booking record.

“No-show” means failing to arrive and check in within the grace period described in Section 8.

“Compliance hold” means any block placed on your account because identity verification, security-program eligibility, waiver execution, guardian consent, or another prerequisite is incomplete, expired, or under review.

“Rolling 12-month period” means the twelve (12) months immediately preceding the occurrence being evaluated, measured backward from the date of that occurrence.

2. No cash refunds

All booking-related payments remain subject to Jaybird’s No Refund Policy. Cancelling a session may restore entitlements or issue instructor credits as described below, but does not create a right to a monetary refund except where applicable law requires.

Restored entitlement hours are plan entitlements returned to your balance. Instructor credits are dollar credits redeemable only against future instructor sessions at Jaybird. Removal of an instructor fee from an upcoming invoice is the avoidance of a charge, not a refund. None of these is money returned to your payment method.

3. How notice time is measured

All times are measured in facility local time — America/Phoenix. Arizona does not observe daylight saving time, so Jaybird’s local clock does not shift in spring or fall. If you are traveling or in another time zone, the offset between your local time and Phoenix time may change even though Phoenix time does not.

Notice time is the timestamp recorded by the Jaybird portal when your cancellation is submitted and accepted by the system. That timestamp is controlling for every deadline in this Policy, including the 4-hour and 24-hour windows.

• A cancellation is effective when the portal records it — not when you decide to cancel, not when you begin the cancellation, and not when you tell an instructor, a staff member, or another member.
• Email, SMS, voicemail, social media messages, and verbal statements are not valid cancellations and do not stop a deadline from running. Use the portal. If the portal is unavailable, email support@jaybirdsims.com and Jaybird will use the email receipt timestamp only where Jaybird confirms a portal outage.
• Notice windows are measured from Notice time to Start time. A cancellation submitted at exactly the boundary — for example, exactly 4 hours or exactly 24 hours before start — falls on the early, no-penalty side of the boundary, consistent with the “4+ hours” and “24+ hours” rows below.
• Network delay, device clock drift, an unsaved form, a closed browser tab, or a failed submission does not extend a deadline. Confirm that the portal shows the booking as cancelled and that you received a cancellation confirmation.
• Jaybird’s system records are the authoritative record of booking, cancellation, check-in, and no-show events, and are the records Jaybird will produce in any dispute under the No Refund Policy.

4. Solo sessions (no instructor)

Late solo cancellations may forfeit additional privileges at Jaybird’s discretion.

4.1 How the Aviator late-cancellation deduction works

The deduction is one (1) membership hour taken from your entitlement balance, regardless of how long the cancelled Session was. It is a plan-hour penalty, not a dollar charge, and no money is charged to your payment method for a late solo cancellation.

The hours booked for the Session itself are still restored to your balance. The net effect of a late Aviator solo cancellation is that your balance ends up one hour lower than it was before you booked.

If your entitlement balance is insufficient to absorb the deduction, the deficit carries against your next entitlement allocation.

4.2 Sessions booked with a day pass or block hours

Day Pass BATD ($79), Day Pass AATD ($129), and Block of 10 Hours ($499, expiring 90 days after purchase) sessions follow the Aviator rows above for entitlement restoration. Restoration returns hours to the underlying block or pass; it does not extend the 90-day block expiry and does not extend the validity of a day pass beyond its stated day.

5. Sessions with an instructor

Instructor fees are $50/hr (Aviator and other standard plans) or $40/hr (Captain).

There is no separate cancellation fee on top of the instructor fee. A late cancellation means Jaybird keeps the instructor fee for that session.

Instructor credits expire or may be adjusted according to portal rules published at booking time. Unused instructor credits have no cash value.

5.1 Prepaid versus monthly-invoice billing

Which column applies depends on how the instructor fee for that Session was set up at booking:

• Prepaid (instant charge): the fee was charged to your payment method at or near booking. A qualifying cancellation converts it to an instructor credit for a future instructor session in the same dollar amount.
• Monthly invoice: the fee was scheduled to appear on your upcoming membership invoice. A qualifying cancellation removes the line. No separate credit is issued, because nothing was collected.

Your booking confirmation and the cancellation preview in the portal show which applies before you confirm the cancellation.

5.2 Entitlement hours on instructor sessions

Cancelling an instructor Session restores the Session’s entitlement hours on the same terms as a solo Session under Section 4. The instructor fee outcome in the table above is separate from, and additional to, entitlement restoration.

5.3 Waived or voided instructor charges

Where an instructor charge has been waived or voided on your account, there is no fee to credit, remove, or retain. The Session is then evaluated under the solo rules in Section 4.

5.4 Outside and unassigned instructors

Where a Session is booked with an outside instructor or an instructor slot that carries no Jaybird instructor fee, there is no Jaybird fee to credit or retain, and the solo cancellation rules in Section 4 apply to your entitlement hours.

That does not affect what the outside instructor or their school charges you directly, and it does not affect the $50 outside instructor checkout fee, which is non-refundable once the checkout has been processed. See Section 10 and the Independent Instructor & Training Provider Agreement.

6. What a cancellation restores and what it forfeits

7. Grace period, late arrival, and bay hold

7.1 How long the bay is held

Jaybird holds your reserved bay for the grace period shown in your booking confirmation and in the portal, measured from the scheduled Start time. After the grace period passes without check-in, the bay is released and may be assigned to another member, an instructor session, a lease block, or maintenance.

7.2 Late arrival does not extend the session

A Session ends at its scheduled end time regardless of when you arrive. Arriving late does not extend the Session, does not entitle you to the missed minutes later, and does not create a right to run into the next reservation.

• The full entitlement for the reserved block is consumed even if you fly for less than the reserved time.
• Pre-flight briefing, setup, scenario loading, debrief, and shutdown occur within the reserved block.
• If an instructor is assigned, the full instructor fee for the reserved hours applies even if you use fewer of them. Instructor time lost to your late arrival is not credited.
• If the bay has already been released, you may ask staff whether a later slot is available. Any accommodation is discretionary and does not restore the missed Session.

7.3 Ending early

Voluntarily ending a Session early does not restore entitlement hours, does not reduce an instructor fee, and does not generate a credit.

8. No-shows

A no-show occurs when you fail to arrive and check in within the grace period shown in your booking confirmation or portal.

No-shows may incur a $50 policy fee (or amount published on confirmation), forfeiture of instructor fees, and loss of entitlement hours for the session, in addition to any instructor charges on your monthly bill.

Repeated no-shows may result in booking restrictions, membership review, or termination without refund.

8.1 No-show escalation

No-show occurrences are counted over a rolling 12-month period. Consequences escalate as follows:

Escalation levels apply to the account, not to a specific plan, and follow you through plan changes, upgrades, downgrades, and reinstatement. Jaybird may reduce an escalation level in its sole discretion for a documented emergency under Section 15.

8.2 Instructor sessions missed without notice

A no-show on an instructor Session is the most disruptive booking failure at Jaybird, because the instructor’s time cannot be reallocated. A no-show on an instructor Session results in the $50 policy fee and the instructor fee outcome in the “Under 24 hours” row of Section 5 — the prepaid fee is kept, and the monthly-bill fee is still charged.

9. Rescheduling

Rescheduling is treated as a cancel-and-rebook. The cancellation rules in effect at the time of change apply. Jaybird may limit last-minute reschedules during peak periods.

Practically, this means:

• Moving a solo Session within 4 hours of start, on an Aviator or other standard plan, triggers the 1 membership hour deduction in Section 4.
• Moving an instructor Session within 24 hours of start causes the instructor fee to be kept or still charged under Section 5, and a new instructor fee applies to the rebooked Session.
• Moving a Session outside those windows is free and follows the early-cancellation rows.
• The new Session is a new booking with its own notice windows, its own grace period, and its own entitlement debit.

10. Outside instructors, leases, and training-provider blocks

Where a Session is delivered by an outside instructor, a flight school, or another training provider using Jaybird equipment, that party — not Jaybird — is responsible for its own students.

• The school or independent instructor is responsible for its students’ cancellations and no-shows and must communicate this Policy and its own scheduling terms to each student.
• The reserved block is billed to the school or instructor regardless of student attendance. A student’s cancellation, late arrival, or no-show does not release the reserved bay time, does not reduce the block charge, and does not generate a credit to the school, the instructor, or the student.
• Recurring block reservations require a longer notice window than individual member Sessions. The required notice for adding, moving, reducing, or releasing a recurring block is stated in the applicable provider agreement and in the block confirmation, and it is longer than the 4-hour and 24-hour windows that apply to individual Sessions.
• The $50 outside instructor checkout fee is a Jaybird administrative charge for processing and authorizing an outside instructor’s facility access. It is non-refundable once processed, whether or not the Session occurs.
• An outside instructor’s failure to appear does not create a Jaybird cash refund obligation. Jaybird’s remedy to the member is rebooking or entitlement restoration under Section 11.
• Students and instructors using Jaybird equipment under a lease remain subject to the Simulator Use Policy, Equipment Damage Policy, Liability Waiver and Release, and Door Access & Facility Security Agreement.

For the full terms, see the Independent Instructor & Training Provider Agreement, the Simulator Lease & Training Provider Agreement, and the Member Simulator Lease & Equipment Use Agreement. Where those agreements set different notice, billing, or cancellation terms for a block, those agreements control for that block and this Policy controls for individual member Sessions.

11. Instructor no-show or unavailability

If a Jaybird-assigned instructor, or an outside instructor scheduled through Jaybird, fails to appear or becomes unavailable:

None of these outcomes is a cash refund. Jaybird’s obligation is limited to rebooking, entitlement restoration, or credit, as stated above and in the No Refund Policy.

12. Compliance-driven cancellation

Jaybird may cancel, suspend, or refuse to start any Session where TSA Flight Training Security Program eligibility, identity verification, guardian consent, waiver execution, or any other compliance prerequisite is incomplete, expired, unverified, or subject to a compliance hold.

Because Jaybird cannot lawfully deliver the Session in those circumstances, a compliance-driven cancellation is treated as a member-caused late cancellation:

• Entitlement hours for the Session are forfeited
• Prepaid instructor fees are kept, and instructor fees on the monthly bill are still charged
• No refund and no credit is issued
• Repeated compliance-driven cancellations count toward the escalation schedule in Section 8.1

This applies whether the deficiency is discovered before your arrival, at check-in, or after a Session has begun. If a compliance issue is identified mid-Session, the Session is stopped immediately and the full entitlement is consumed.

You are responsible for keeping your identity documents, citizenship or eligibility evidence, security-program status, and consents current in the portal before you book. Jaybird will not hold a booking open while a verification is pending.

See the Identity & Flight Training Disclosure and the TSA Flight Training Security Program Compliance & Flow-Down Addendum for the specific requirements, and 49 CFR Part 1552 for the underlying federal framework. Compliance records are retained for at least five (5) years.

13. Jaybird-initiated cancellations, closures, and downtime

If Jaybird cancels for maintenance, safety, or operational reasons, Jaybird may restore entitlements or rebook the session. Cash refunds are not provided except where required by law. Courtesy credits are discretionary.

13.1 Weather, power, network, and extreme heat

Jaybird is in the Phoenix metropolitan area, where extreme heat, monsoon storms, dust events, and grid stress can affect safe operation of a simulator facility. Jaybird may close, shorten hours, or cancel Sessions for:

• Excessive heat, HVAC failure, or an unsafe indoor temperature in the simulator bays
• Utility power loss, brownout, surge, or a utility-directed curtailment
• Internet, network, licensing-server, or scheduling-platform outage
• Severe weather, flooding, dust storm, or a public safety advisory affecting the area or access to the facility

13.2 Maintenance and unscheduled downtime

Simulators require calibration, software updates, hardware repair, and periodic qualification maintenance. Jaybird may take a device out of service on short notice. Where a specific device is unavailable, Jaybird may substitute a comparable device, move the Session, or cancel it.

13.3 Force majeure

Jaybird is not liable for failure or delay caused by events beyond its reasonable control, including acts of God, fire, flood, storm, extreme heat, earthquake, epidemic or pandemic, public health order, act of terrorism, civil unrest, labor disruption, utility or telecommunications failure, cyberattack, supply chain failure, vendor or licensor failure, landlord action, or governmental action.

13.4 What you receive

In every row: entitlement restoration or rebooking — never a cash refund. Any extension of an expiry window, including the 90-day Block of 10 Hours window, is discretionary and must be granted in writing by Jaybird.

14. Event and group bookings

Events, group buyouts, corporate sessions, birthday and team bookings, and multi-bay reservations are handled outside the standard member booking flow.

• A deposit is required to confirm the reservation, in the amount shown on the event confirmation or quote.
• The deposit is non-refundable at any notice level, including cancellation well in advance. It compensates Jaybird for holding multiple bays, scheduling staff and instructors, and turning away other bookings.
• Event and group bookings require a longer cancellation notice window than individual Sessions. The required window is stated on the event confirmation and is longer than the 4-hour and 24-hour windows in Sections 4 and 5.
• Cancelling inside the event notice window forfeits the deposit and may result in a charge for the reserved bay time and scheduled instructor time at the applicable rates.
• Reducing headcount, reducing bay count, or shortening the event inside the notice window does not reduce the confirmed charge.
• Rescheduling an event is at Jaybird’s discretion and depends on availability; where Jaybird agrees to reschedule, the deposit may be applied to the new date once.
• All attendees must complete the Liability Waiver and Release, and, where applicable, the Guest & Visitor Waiver, the Minor Participation & Guardian Consent Agreement, and the Photo, Video & Media Release, before participating.

15. Waivers and documented emergencies

Jaybird may waive fees or restore entitlements for documented emergencies or extraordinary circumstances in its sole discretion. Waivers do not create precedent or future obligation.

Circumstances Jaybird will typically consider include a sudden medical emergency affecting you or an immediate family member, a death in the family, a documented vehicle accident on the way to the facility, jury duty or a military recall order, and an accessibility need described in the Accessibility Statement.

• Requests should be sent to support@jaybirdsims.com within seven (7) days of the affected Session.
• Jaybird may require reasonable documentation and will handle it in accordance with the Privacy Policy.
• A waiver granted once does not entitle you to a waiver later, and does not modify this Policy.
• No employee, contractor, or instructor has authority to grant a waiver outside this process. Only a written approval from an authorized Jaybird representative is binding.

16. Booking abuse

Bay time is a scarce shared resource. The following conduct is booking abuse and is prohibited:

• Hoarding — holding multiple overlapping or back-to-back reservations you do not intend to use, or reserving beyond your plan’s concurrent-booking limit through workarounds
• Serial book-and-cancel — repeatedly booking prime slots and releasing them just outside a penalty window to block others or to reserve optionality
• Speculative booking — reserving slots without a present intent to attend
• Booking under another member’s account, or allowing another person to book or attend under your account
• Bot, script, or automated booking, including any use of the portal outside the published interface, credential-sharing tools, or refresh automation designed to capture slots
• Circumventing a booking-window restriction or prepayment requirement imposed under Section 8.1
• Booking a Session for a person subject to a compliance hold, suspension, or termination

Remedies, which Jaybird may apply in any combination and without prior warning:

Access credentials misused in connection with booking abuse are also subject to the Door Access & Facility Security Agreement.

17. Indemnification

You will indemnify Protected Parties for claims arising from your no-shows, late cancellations, or failure to comply with this Policy where your conduct causes loss to Jaybird or partners.

This includes claims arising from a person you booked for, a guest you brought, a minor for whom you are the responsible guardian, or a named user on an organizational account you control.

18. Limitation of liability

To the maximum extent permitted by law, and without limiting the Terms of Service or the Liability Waiver and Release, the total aggregate liability of the Protected Parties to you arising out of or relating to scheduling, cancellation, closure, downtime, or this Policy is limited to the greater of (a) the amounts you paid to Jaybird in the three (3) months preceding the claim, or (b) US$500.

The Protected Parties are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost training time, lost currency or proficiency, missed checkride or examination dates, travel costs, or lost wages, arising out of a cancelled, shortened, or unavailable Session.

19. Notices, records, and how to raise an issue

• Booking, cancellation, fee, and escalation questions: support@jaybirdsims.com
• Privacy and data requests: privacy@jaybirdsims.com
• Mail: Jaybird Sim Center, 2550 N Thunderbird Cir #132, Mesa, Arizona 85215

Jaybird sends booking confirmations, reminders, cancellation confirmations, and policy-fee notices by email through Resend and by SMS through Twilio, to the contact details in your account. Keeping your contact details current is your responsibility, and a failed delivery to stale contact details does not excuse a no-show or extend a notice window. Message and data rates may apply; consent terms are in the Electronic Communications & E-Sign Consent agreement.

Booking, cancellation, check-in, entitlement ledger, and compliance records are retained for at least five (5) years and are the records Jaybird produces in a billing dispute or chargeback under the No Refund Policy.

20. Governing law, jurisdiction, and venue

This Policy is governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. You and Jaybird consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, and each party waives any objection based on inconvenient forum. Nothing in this Policy limits any right or remedy that cannot lawfully be limited or waived under Arizona or federal consumer protection law, including the Arizona Consumer Fraud Act, A.R.S. Title 44, Chapter 15, where genuinely applicable.

21. Severability, entire agreement, and survival

If any provision of this Policy is held invalid, illegal, or unenforceable, that provision is modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions continue in full force and effect.

This Policy, together with the Terms of Service, Privacy Policy, No Refund Policy, Liability Waiver and Release, Membership Agreement, Equipment Damage Policy, Simulator Use Policy, Identity & Flight Training Disclosure, Door Access & Facility Security Agreement, Member Simulator Lease & Equipment Use Agreement, Independent Instructor & Training Provider Agreement, Simulator Lease & Training Provider Agreement, TSA Flight Training Security Program Compliance & Flow-Down Addendum, Minor Participation & Guardian Consent Agreement, Guest & Visitor Waiver, Photo, Video & Media Release, Electronic Communications & E-Sign Consent, Cookie & Tracking Technologies Policy, and Accessibility Statement, is the entire agreement between you and Jaybird regarding cancellations and no-shows, and supersedes all prior or contemporaneous understandings on that subject. No oral statement modifies this Policy.

Jaybird’s failure to enforce any provision is not a waiver of that provision. Sections concerning forfeitures, policy fees, indemnification, limitation of liability, records, governing law, and this Section survive termination or expiration of your membership.

22. Electronic acceptance and signature

By booking Sessions, cancelling through the portal, accepting onboarding policies, typing your name in an acceptance field, or continuing to use Jaybird services after this Policy is published, you agree to this Policy and sign it electronically.

You consent to transact business and receive records electronically under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., and the Arizona Electronic Transactions Act, A.R.S. Title 44, Chapter 26. You agree that your electronic signature has the same force and effect as a handwritten signature, and that Jaybird’s records of your acceptance — including the version accepted, the timestamp, and the IP address and user-agent recorded at signature — are admissible evidence of that agreement. Additional detail is in the Electronic Communications & E-Sign Consent agreement.

Questions: support@jaybirdsims.com