Door Access & Facility Security Agreement

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 membership account holder issued door credentials.

Your door PIN, access code, and related credentials are personal security credentials tied to your membership. Unattended or after-hours access increases risk. This Agreement governs how those credentials are issued, used, monitored, suspended, and revoked, how the facility is secured and recorded, and what you must do in an emergency. 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, Cancellation and No-Show Policy, Simulator Use Policy, Identity & Flight Training Disclosure, 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. By accepting this Agreement, you agree as follows.

1. Definitions

“Credentials” means door PINs, access codes, mobile credentials, fobs, or other entry methods issued to you.

“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.

“Unauthorized entry” means any person entering without valid personal Credentials or proper guest entitlement.

“Access system” means the Kwikset electronic locks and the Seam credential management platform through which Jaybird provisions, rotates, suspends, and revokes Credentials, together with the associated access logs.

“Access log” means the electronic record of credential issuance, use, failure, rotation, suspension, and revocation generated by the Access system.

“Authorized hours” means the facility access hours shown in your member account and posted at the facility, as Jaybird may change them.

“Good standing” means an active, bookable membership with no unpaid balance, no compliance hold, no safety hold, and no active suspension.

“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.

“Lone worker” means a person present in the facility when no other person is present.

2. Eligibility: access is a conditional privilege

Door access is a conditional privilege, not a membership right, and not property. Jaybird issues Credentials only where all of the following are true and remain true:

• You hold an active bookable membership in good standing — currently the Currency (“Aviator”) or Proficiency (“Captain”) plan, or another plan Jaybird designates in writing as including facility access
• Your account has no unpaid balance and no failed payment method
• You have completed identity verification and any required security-program eligibility under the Identity & Flight Training Disclosure and the TSA Flight Training Security Program Compliance & Flow-Down Addendum
• You have signed the Liability Waiver and Release, this Agreement, and the Simulator Use Policy
• You have completed any required facility orientation and safety briefing
• You are eighteen (18) years of age or older

Specific exclusions:

• Jaybird Social ($49.99/mo) does not include door access. Social members enter only during staffed hours or as a guest of a credentialed member, subject to the Guest & Visitor Waiver.
• Day Pass holders (BATD $79, AATD $129) and Discovery session ($49) participants do not receive Credentials. They are admitted by staff for the booked session.
• Minors never receive Credentials, regardless of plan, and must be supervised in accordance with the Minor Participation & Guardian Consent Agreement.
• Guests and visitors never receive Credentials, and may not be given a temporary code.
• CFI ($150/mo) and outside instructor access is governed by the Independent Instructor & Training Provider Agreement and the Simulator Lease & Training Provider Agreement, and may be conditioned on the $50 outside instructor checkout fee.

If any eligibility condition lapses, your Credentials may be suspended or revoked immediately under Section 5, without notice and without refund.

3. Personal credentials; no sharing

Credentials are for your use only. You may not:

• Share your PIN or code verbally, by text, email, social media, or group chats
• Allow anyone else to enter under your Credentials
• Post Credentials in vehicles, logbooks, or shared notes
• Permit guests to memorize or reuse your Credentials

Each authorized user must have their own membership and Credentials except where a corporate plan expressly assigns named users in writing.

Additionally, you may not store or transmit your Credentials in any shared password manager vault, shared note, shared document, family or crew group chat, messaging thread, or cloud folder accessible to another person. Storing a Credential where another person can retrieve it is treated as sharing it, whether or not anyone actually used it.

4. Credential lifecycle

4.1 Issuance

Credentials are provisioned individually through the Seam platform to the Kwikset locks after eligibility under Section 2 is confirmed. Jaybird assigns your PIN; you may not select, request, or reuse a specific code, and you may not use a code that matches your account PIN elsewhere. Credentials become active at the time stated in your member account and are limited to your Authorized hours.

4.2 Rotation

Jaybird rotates Credentials periodically as a routine security measure and may rotate them at any time. Jaybird will also rotate your Credential promptly on any of the following:

• A report of suspected compromise, sharing, photographing, or observation
• A tailgating, propping, or Unauthorized entry incident involving your Credential
• Departure of a staff member, contractor, or instructor with broad access
• A facility-wide security event, alarm activation, or law enforcement matter
• A change in your plan, named users, or organizational account roster

Rotation is not a service interruption entitling you to any credit, entitlement restoration, or refund. Your new Credential is delivered through the portal or by the notification channels on your account.

4.3 Automatic suspension

Your Credential is suspended automatically, without prior notice, when:

• Payment fails or a balance becomes delinquent
• Your membership lapses, is paused, or is downgraded to a plan without access
• A compliance hold is placed on your account
• A safety hold is placed following an incident, damage report, or investigation
• Required verification, consent, or waiver expires

A suspension for delinquency or compliance is not a Jaybird-initiated cancellation. It does not restore entitlements, does not extend an expiry window, and does not generate a credit or refund under the No Refund Policy and the Cancellation and No-Show Policy.

4.4 Reinstatement

Credentials are reinstated after the underlying condition is cleared and Jaybird confirms eligibility. Jaybird may require re-orientation, a re-signed waiver, updated verification, prepayment, or a probationary access period. Reinstatement is not automatic and may be declined.

4.5 Revocation and decommissioning

On termination, cancellation, expiration, non-renewal, or termination for cause, Jaybird revokes your Credential in the Access system, and:

• You must immediately stop attempting entry and must not test, retry, or share any prior code
• You must return any physical fob, badge, key, or access device issued to you, in person or by prepaid mail, within seven (7) days
• You must delete every stored copy of your Credential from devices, notes, password managers, and messages
• Any personal property left at the facility is handled under the Terms of Service; Jaybird is not a bailee and is not responsible for items left behind
• Attempting entry after revocation is trespass and may be referred to law enforcement

Revoked Credentials are decommissioned in the Access system, and the revocation event is written to the Access log.

4.6 Lifecycle summary

5. Authorized hours and permitted presence

You may be in the facility only during your Authorized hours and only for a legitimate purpose: a booked Session, an authorized instructor meeting, an authorized member activity, or a purpose Jaybird has approved in writing.

Being inside the facility outside a booked Session or outside your Authorized hours is unauthorized, even if your Credential physically opens the door. A door that opens is not authorization.

• Do not arrive materially before your Session or remain materially after it beyond the time reasonably needed to set up, brief, debrief, and secure the bay.
• Do not enter to “just check something,” to retrieve an item, to use the space as an office or lounge, or to wait for another person, unless staff have approved it.
• Do not enter during a posted closure, a maintenance window, a weather or extreme-heat closure, or a security lockdown.
• Do not enter when your account is suspended or on hold, even if a Credential has not yet been deactivated.
• Jaybird may change Authorized hours, close early, or restrict areas at any time for safety, maintenance, staffing, landlord requirements, or security.

Presence outside Authorized hours is a security violation under Section 15 and may constitute trespass.

6. No tailgating; single entry

Enter alone under your Credentials. Do not hold doors open for unknown persons or persons without their own access.

If someone attempts to follow you in, do not allow entry. Leave the area if necessary and report the incident.

Confirm that the door has fully latched behind you on entry and on exit. If a door does not latch, do not leave it unsecured — report it immediately under Section 8.

7. Guests only with entitlement

Do not bring anyone into the facility unless your plan includes a guest pass (or equivalent entitlement) and you remain present and responsible for the guest’s conduct at all times.

Guests may not receive unattended access unless expressly permitted in writing by Jaybird.

You are responsible for guest compliance with all Jaybird policies, including the Liability Waiver and Release and Equipment Damage Policy.

Every guest must complete the Guest & Visitor Waiver before entering the simulator area, and a minor guest must additionally be covered by the Minor Participation & Guardian Consent Agreement. A guest may never be left alone in the facility, in a bay, or in a common area, and may not be given your Credential for any reason, including to re-enter after stepping outside.

8. Prohibited security conduct

The following conduct is prohibited and is grounds for immediate revocation, termination for cause without refund, damage charges, and referral to law enforcement:

• Propping, wedging, taping, or otherwise defeating any door, latch, strike, or closer, including with a chair, bag, magnet, or tape over a latch
• Disabling, obstructing, covering, unplugging, repositioning, or damaging any camera, sensor, alarm, motion detector, door contact, panic device, network device, or lock
• Defeating or attempting to defeat a lock, including picking, shimming, bypassing, drilling, forcing, or resetting a Kwikset lock or tampering with its batteries, keypad, or programming
• Duplicating, cloning, or manufacturing a credential, including copying a fob, cloning a card, or programming an additional code into a lock
• Sharing Credentials through a password manager, shared vault, shared note, group chat, spreadsheet, cloud folder, or any other shared location
• Photographing, screen-recording, or videoing a keypad, lock, code entry, camera placement, alarm panel, network closet, or key storage, or posting such images publicly
• Shoulder-surfing another person’s code entry, or asking any person for their code
• Entering or attempting to enter a restricted area — office, storage, server or network closet, mechanical room, or landlord space
• Admitting a delivery driver, vendor, contractor, or service technician without staff authorization
• Removing, relocating, or disabling fire extinguishers, exit signage, emergency lighting, or first aid supplies
• Bypassing a posted closure, barrier, cone, lockout tag, or “out of service” notice
• Bringing a weapon, hazardous material, or open flame into the facility except as expressly permitted by law and by posted facility rules
• Interfering with the Access system, the alarm system, or any Jaybird network or account, or attempting to access Access logs or camera footage

If you observe any of the above, report it under Section 9. Failing to report a known violation is itself a violation.

9. Report suspicious activity

If someone tries to enter without Credentials, asks to use your PIN, or appears to be loitering for entry, do not let them in.

Report promptly to support@jaybirdsims.com and, if immediate danger exists, contact local law enforcement.

Also report a door that will not latch, a lock that fails to respond, a camera that appears damaged, an alarm that sounds without explanation, a person present who does not appear to belong, evidence of forced entry, or missing or relocated equipment. Report before you leave the facility where it is safe to do so, and never confront a person you believe to be an intruder.

10. Compromised credentials

If you believe your Credentials were shared, photographed, or misused, notify Jaybird immediately so we can rotate or revoke access.

You remain responsible for activity under your Credentials until Jaybird confirms rotation.

Notify Jaybird immediately if a device holding your Credential is lost or stolen, if you entered your code where it may have been observed or recorded, if a household member or coworker may have seen it, or if you were followed or pressured at the door. Prompt reporting is a significant mitigating factor when Jaybird evaluates responsibility under Section 14.

11. After-hours access, unattended use, and lone-worker acknowledgment

11.1 Assumption of increased risk

Where your plan includes 24/7 or after-hours access, you understand that:

• Staff may not be present
• Emergency response may be delayed
• Equipment misuse by others may occur if Credentials are shared
• You assume increased personal and property risk

See Jaybird’s Liability Waiver for assumption of risk terms.

11.2 Lone-worker acknowledgment

You expressly acknowledge that you may be the only person in the building. You accept the risks of being a lone worker, including that:

• No one may be present to observe a medical event, fall, seizure, burn, entrapment, or loss of consciousness
• Emergency response will be delayed, because no one will be present to call for help, unlock the door for responders, or direct them to you
• A simulator bay may be enclosed, dim, and acoustically isolated, so a call for help may not be heard
• Power, HVAC, network, or lighting failure may occur with no staff present to respond

Before entering alone, you must have a charged mobile phone or another reliable means of calling for help on your person — not in a bag, a locker, or another room. Jaybird strongly recommends that you tell someone outside the facility when you arrive and when you expect to leave, and that you set a check-in with that person. If you have a medical condition that materially increases the risk of solo occupancy, do not use the facility alone.

11.3 Prohibited solo activity

Do not, while alone in the facility, use ladders or lifts, move or service simulator hardware, open equipment enclosures, work on electrical systems, or perform any activity that would be unsafe without a second person present.

12. Emergency procedures

In any life-threatening emergency, call 911 first. Then notify Jaybird at support@jaybirdsims.com and, where posted, the emergency contact number in the facility.

12.1 Exits and evacuation

Exits are marked with illuminated exit signage. Locate the nearest exit and the secondary exit before you begin a Session, especially when you are alone. Exit paths, doors, and corridors must remain clear at all times; never store bags, chairs, or equipment in an egress path.

On any evacuation alarm or order:

• Stop the Session immediately and leave the simulator; do not pause to save data, secure gear, or collect belongings beyond what is immediately at hand
• Evacuate by the nearest safe exit and move well clear of the building and the drive lanes
• Assist anyone who needs help evacuating only if it is safe to do so
• Do not re-enter the building for any reason until the fire department, law enforcement, or an authorized Jaybird representative expressly clears re-entry
• Report the event to Jaybird as soon as you are safe

12.2 Situation-specific procedures

12.3 Incident reporting

You must report any emergency, injury, near miss, alarm activation, evacuation, security incident, or equipment damage to support@jaybirdsims.com as soon as practicable and in any event within twenty-four (24) hours. Damage is additionally governed by the Equipment Damage Policy.

13. Monitoring, video surveillance, and access logs

13.1 Notice and consent

Jaybird records video and audio-free video surveillance and maintains electronic access logs throughout the facility. By entering the facility and by using your Credentials, you consent to being recorded and to the collection, retention, and review of Access log data associated with your Credentials.

• Recording occurs in common areas, entries, corridors, and simulator bays for safety, security, incident investigation, equipment protection, and training-quality purposes.
• Recording does not occur in restrooms. Jaybird does not place cameras in restrooms or in any changing area.
• Cameras may operate continuously, including outside Authorized hours.
• Access logs record credential issuance, entry and exit events, failed entry attempts, rotations, suspensions, and revocations.
• You must inform any guest you bring that the facility is recorded; the Guest & Visitor Waiver contains the guest’s own consent.

13.2 Who may review

Access to footage and Access logs is limited to Jaybird owners and designated management, Jaybird personnel with a specific security or safety need, the Access system vendors (Seam and Kwikset) acting as processors, Jaybird’s insurers and legal counsel, the landlord or property manager where the incident involves common areas or building systems, and law enforcement or a regulator acting under lawful authority.

Footage is not provided to other members. Jaybird will not release footage of you to a third party except as described in this Section, in the Privacy Policy, or as required by law.

13.3 Retention

Access logs and related security records are retained for at least five (5) years, consistent with Jaybird’s compliance record retention obligations, including records associated with 49 CFR Part 1552. Video footage is retained for the period supported by the recording system’s storage capacity and is then overwritten automatically in the ordinary course, except where footage is preserved under Section 13.4. Handling of personal information is described in the Privacy Policy; requests go to privacy@jaybirdsims.com.

13.4 Use in investigations and legal proceedings

Jaybird may review, export, preserve, and use footage and Access logs to investigate an incident, enforce this Agreement and other Jaybird policies, substantiate a damage or policy-fee charge, respond to an insurance claim, respond to a billing dispute or chargeback under the No Refund Policy, and prosecute or defend a legal claim. You agree that such records are business records created in the ordinary course and are admissible evidence. Where litigation, a claim, a regulatory inquiry, or a law enforcement request is reasonably anticipated, Jaybird will place the relevant footage and logs under a legal hold and preserve them beyond ordinary retention.

14. Liability for entry under your credential

You are responsible for every entry made with your Credentials, whether by you, by a person you admitted, by a person you allowed to tailgate, or by a person who obtained your Credential because you shared, posted, stored, or failed to protect it.

That responsibility includes:

• Property damage to simulators, hardware, furnishings, building systems, or landlord property caused by the person who entered, charged under the Equipment Damage Policy
• Theft or loss of Jaybird property, member property, or third-party property
• Injury to the person who entered, to any other occupant, and to any responder, including a person who was not authorized to be present and who was injured while inside
• Cleaning, remediation, re-keying, credential re-provisioning, and system reconfiguration costs
• Alarm and law enforcement response costs attributable to the entry
• Jaybird’s lost bay revenue during any resulting closure or downtime

You remain responsible for activity under your Credentials until Jaybird confirms rotation or revocation under Section 10 and Section 4. Prompt reporting under Sections 9 and 10 is a significant mitigating factor; concealment, delay, or a false statement is an aggravating factor.

Nothing in this Section limits the Liability Waiver and Release, the Equipment Damage Policy, or the indemnity in Section 19.

15. Alarms, false alarms, lockouts, and callouts

• If you trigger an alarm, remain on site if it is safe and contact Jaybird at support@jaybirdsims.com immediately so the response can be cancelled or directed.
• You are responsible for costs arising from a false alarm you cause, including any municipal or fire-district false-alarm fee assessed to Jaybird, any monitoring-company response charge, and any guard or law enforcement response charge, billed at cost.
• You are responsible for after-hours lockout and callout charges where a Jaybird representative must travel to the facility because of your lockout, your failure to secure the facility, an alarm you caused, or your failure to follow this Agreement. Callout and false-alarm charges are published in the portal and are billed to your account.
• Repeated false alarms or callouts may result in restriction to staffed hours only.
• Charges under this Section are non-refundable and may not be paid with entitlement hours, instructor credits, or courtesy credits, consistent with the No Refund Policy.

16. Closing procedures

If you are the last person to leave the facility, you must:

• Return the simulator, seat, controls, hardware, and peripherals to their normal configuration and log out of any session
• Remove your personal property, trash, food, and beverage containers
• Turn off bay lighting and any equipment you turned on, following the posted shutdown procedure
• Confirm that no other person, including a guest, remains inside
• Confirm that all interior doors, restricted areas, and the exterior door are fully closed and latched
• Arm the alarm where you have been instructed and authorized to do so
• Report anything unusual to support@jaybirdsims.com

Leaving the facility unsecured is a serious security violation under Section 17.

17. Security violations and consequences

Jaybird evaluates violations based on severity, intent, repetition, actual harm, and whether you self-reported. The table is illustrative; Jaybird may apply any remedy for any violation and may skip levels for conduct that endangers people or property.

18. Jaybird remedies; no refund on termination for cause

Jaybird may rotate, suspend, or revoke Credentials at any time for security, maintenance, non-payment, or policy violations.

Sharing Credentials, tailgating, unauthorized guests, or failure to report suspected misuse may result in immediate access revocation, membership termination without refund, damage charges, and referral to law enforcement when appropriate.

Termination for security violations does not entitle you to a refund of membership fees under Jaybird’s No Refund Policy.

Loss of access for any reason under this Agreement does not restore entitlement hours, does not extend the 90-day expiry on a Block of 10 Hours, does not extend any other entitlement window, does not generate an instructor credit, and does not excuse amounts owed for the remainder of a three (3) calendar month minimum initial commitment. Credits on your account are forfeited on termination for cause.

19. Law enforcement cooperation and evidence preservation

Jaybird cooperates fully with law enforcement, fire, emergency medical, regulatory, and lawful investigative authorities.

• Jaybird may report suspected criminal conduct — including burglary, theft, trespass, vandalism, assault, fraud, or credential compromise — without prior notice to you.
• Jaybird may produce Access logs, camera footage, booking records, signed agreements, identity verification records, payment records, and communications in response to a subpoena, warrant, court order, or other lawful process, and will provide notice to you only where lawful and practicable.
• Jaybird will preserve evidence under legal hold once litigation, a claim, an insurance matter, or an investigation is reasonably anticipated, and will suspend routine overwriting of relevant footage and logs.
• You must not destroy, alter, conceal, or interfere with evidence, including footage, logs, damaged hardware, or the scene of an incident, and you must not ask any person to do so.
• You agree to cooperate reasonably with any Jaybird or insurer investigation, to provide a truthful written statement on request, and to make yourself available for reasonable follow-up.
• Jaybird may pursue civil remedies in addition to, and independent of, any criminal referral.

Handling of personal information in an investigation is described in the Privacy Policy.

20. Landlord rules, parking, and common areas

The facility is part of a larger property. Jaybird’s rights are subject to its lease, and you must comply with all landlord, property manager, and property association rules as if they were Jaybird’s own, including:

• Posted hours, quiet hours, and noise limits, particularly during after-hours use
• Parking rules — park only in designated spaces, do not occupy accessible spaces without valid credentials, do not block fire lanes, loading zones, dumpsters, drive aisles, or another tenant’s spaces, and do not store, repair, or leave a vehicle overnight without written permission
• Common-area rules for corridors, entries, sidewalks, landscaping, restrooms, and shared trash and recycling
• Smoking, vaping, alcohol, cannabis, and open-flame restrictions on the property
• Rules on signage, deliveries, moving equipment, propping exterior building doors, and use of loading areas
• Pet and animal restrictions, other than a service animal as required by law
• Restrictions on filming or photography on common property; media use is additionally governed by the Photo, Video & Media Release

You are responsible for any fine, towing charge, cleaning cost, damage charge, or penalty assessed to Jaybird as a result of your conduct, your vehicle, your guest, or your equipment, and Jaybird may bill it to your account. Landlord rules may change; the current rules govern. Jaybird is not responsible for the condition of, or for any loss or injury occurring in, landlord-controlled common areas or parking areas, and vehicles are parked at your own risk.

21. 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 facility access, security, surveillance, alarms, emergency response, or this Agreement 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. Jaybird does not provide, and does not undertake to provide, security or protective services for you or your property. Cameras, locks, alarms, and logs are operational tools for Jaybird’s benefit; they are not a guarantee of safety, are not monitored continuously by a person, and may fail, be obstructed, or be out of service. You are responsible for your own personal property at all times.

22. Indemnification

You will defend, indemnify, and hold harmless Protected Parties from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your credential sharing, unauthorized guests, tailgating, or Unauthorized entry you cause or permit.

This indemnity extends to claims brought by a person who entered under your Credentials, by a guest or minor you brought, by another member, by the landlord, and by any third party injured or damaged as a result of your conduct or your failure to secure the facility. It survives termination of your membership.

23. Governing law, jurisdiction, and venue

This Agreement 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 Agreement limits any right or remedy that cannot lawfully be limited or waived under Arizona or federal law.

24. Severability, entire agreement, and survival

If any provision of this Agreement 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 Agreement, together with the Terms of Service, Privacy Policy, No Refund Policy, Liability Waiver and Release, Membership Agreement, Equipment Damage Policy, Cancellation and No-Show Policy, Simulator Use Policy, Identity & Flight Training Disclosure, 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 facility access and security, and supersedes all prior or contemporaneous understandings on that subject. No oral statement modifies this Agreement.

Jaybird’s failure to enforce any provision is not a waiver of that provision. Sections concerning credential return, liability for entry, monitoring and records, law enforcement cooperation, cost recovery, limitation of liability, indemnification, governing law, and this Section survive revocation of Credentials and termination of your membership.

25. Electronic signature

By typing your full legal name during door-access onboarding, clicking an acceptance control, or using Credentials issued to you, you sign this Agreement electronically under the E-SIGN 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 on electronic records and withdrawal of consent is in the Electronic Communications & E-Sign Consent agreement.

Questions: support@jaybirdsims.com