Electronic Communications & E-Sign Consent

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

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

You (“Member,” “User,” “you,” “your”): the individual creating an account, signing an agreement, booking a session, or otherwise transacting with Jaybird, and where applicable the parent or legal guardian signing on behalf of a minor.

This Consent explains how Jaybird delivers records and disclosures to you electronically instead of on paper, how your electronic signature is captured and what it legally means, what equipment you need to receive and keep those records, how to get a paper copy, and how to withdraw your consent. It is given under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq. (the “E-SIGN Act”) and the Arizona Electronic Transactions Act, A.R.S. Title 44, Chapter 26. It supplements the Terms of Service and the Privacy Policy. Section 9 contains separate SMS terms that you should read on their own. If you do not consent, do not create an account or sign electronically — contact us and we will make paper arrangements.

1. Your consent

By checking an acceptance box, typing your name, drawing your signature, clicking a button labelled to indicate agreement, creating an account, or continuing through onboarding or checkout, you affirmatively consent to:

• Receive all records and disclosures described in Section 3 electronically, rather than on paper
• Sign agreements electronically, and be legally bound by those signatures
• Have your electronic signature and the electronic record of it treated as the legal equivalent of a handwritten signature on paper under the E-SIGN Act and the Arizona Electronic Transactions Act

You confirm that you can access, read, download, and retain the records described in this Consent using the hardware and software in Section 4, and you affirm that you have demonstrated that ability by successfully receiving and reading this document electronically.

Under 15 U.S.C. 7001(c), this consent is given after the disclosures required by that section, which appear in Sections 3 through 7 below.

2. Scope

This Consent applies to Jaybird’s website, member portal, onboarding and compliance flows, instructor and admin surfaces, email, SMS, and any electronic record Jaybird makes available in connection with your account.

It does not waive any requirement that a specific record be provided on paper where a law makes electronic delivery unavailable and does not permit it to be waived. If any such record exists, we will send it on paper at no charge.

3. Records and disclosures covered

Your consent covers, at minimum, the following categories of electronic record.

4. Hardware and software requirements

To receive, view, and retain electronic records you need:

• A device with internet access — a computer, tablet, or smartphone
• A current version of a mainstream web browser that supports TLS 1.2 or higher, such as Chrome, Safari, Edge, or Firefox, with cookies and JavaScript enabled (see the Cookie & Tracking Technologies Policy)
• A valid email address that you check regularly, and an email application able to receive messages from jaybirdsims.com without filtering them into a blocked or spam folder
• The ability to download and save an HTML, PDF, or plain-text file, or to print a web page
• Sufficient local storage, or a printer, to keep a copy of any record you wish to retain
• For SMS notices, a mobile phone able to receive text messages on the number you gave us
• For the drawn-signature option, a device with a touchscreen, stylus, trackpad, or mouse

If our hardware or software requirements change in a way that creates a material risk that you will not be able to access or retain a record covered by this Consent, we will notify you of the revised requirements and give you the right to withdraw your consent without any fee, consequence, or condition that was not previously disclosed.

Keep your records. We recommend you download or print each agreement, receipt, and notice at the time you receive it. Electronic records may be superseded, and access requires an active account.

5. Paper copies

You may request a paper copy of any record covered by this Consent by emailing support@jaybirdsims.com or writing to Jaybird Sim Center, 2550 N Thunderbird Cir #132, Mesa, Arizona 85215. Include your name, the email address on your account, and the record you want.

• There is no fee for a paper copy of an agreement you signed, a waiver, a compliance notice, or a legal notice.
• There is no fee for the first paper copy of any other record in a calendar year.
• For voluminous or repeated requests beyond that, we may charge a reasonable fee limited to the actual cost of copying and postage. We will quote the fee before we incur it, and you may decline.
• We will send paper copies to the postal address on your account within 10 business days of a verified request.

Requesting a paper copy does not withdraw your consent to electronic records.

6. Withdrawing consent

You may withdraw this Consent at any time, at no cost, by emailing support@jaybirdsims.com with the subject line “Withdraw E-Sign Consent” from the email address on your account, or by writing to the postal address above.

6.1 When withdrawal takes effect

Withdrawal is effective when we have had a reasonable opportunity to act on it, and in any event within 10 business days of receipt. Withdrawal is prospective only. It does not affect:

• The legal validity or enforceability of any agreement you already signed electronically
• Any record already delivered to you electronically
• Any obligation already incurred, including membership dues and any commitment period under the Membership Agreement
• Jaybird’s retention of your records, including the retention required by 49 CFR 1552.23

6.2 Consequences of withdrawal — read this carefully

Jaybird’s services are delivered through an online account. Booking, compliance verification, document upload, door credential issuance, billing, and agreement signing all operate electronically, and there is no offline equivalent. Accordingly:

• You cannot maintain an online account without this Consent, and therefore you cannot maintain a membership.
• On withdrawal, we will close your portal access and cancel your membership in accordance with the Membership Agreement, including any minimum commitment period.
• The No Refund Policy applies. Withdrawing consent is not a qualifying reason for a refund of dues, unused hours, or credits.
• Any door access credential will be revoked under the Door Access & Facility Security Agreement.
• We will continue to send you, on paper, any legally required notice and anything you request under Section 5.

If your concern is a specific communication rather than electronic records generally, you probably want an unsubscribe rather than a withdrawal. To stop marketing email, use the unsubscribe link in any marketing message or change your preference in the portal. To stop marketing SMS, reply STOP. Neither affects this Consent, and neither closes your account.

7. Keeping your contact information current

You must provide and maintain a current, valid, and monitored email address and mobile phone number.

• Update them in the member portal under your account settings, or email support@jaybirdsims.com.
• Notice is deemed given when we send it to the email address on file, whether or not you open it. A message that is filtered, full, blocked, or sent to an address you no longer monitor is still validly delivered.
• Add jaybirdsims.com to your address book or safe-sender list so notices are not filtered.
• If an email to your address hard-bounces repeatedly, we may suspend electronic notices, contact you by other means, and restrict account activity until you supply a working address.

8. Electronic signatures

8.1 Legal effect

Your electronic signature has the same legal force and effect as a handwritten signature on paper. You agree that:

• An electronically signed agreement satisfies any requirement that an agreement be in writing and signed
• An electronic record of a signed agreement satisfies any requirement that a record be retained in its original form
• You will not contest the validity, admissibility, or enforceability of an agreement on the sole ground that it was signed or delivered electronically
• A printed copy of an electronic record is admissible in any proceeding to the same extent as an original business record kept in paper form

8.2 The three signature methods Jaybird records

Jaybird records exactly three signature types. Each is a valid electronic signature.

8.3 What you are affirming when you sign

Each time you sign by any of the three methods, you affirm that:

• You are the person named, or a parent or legal guardian authorised to sign for a named minor under the Minor Participation & Guardian Consent Agreement
• You are at least 18 years old, or you are signing as a guardian
• You had the opportunity to read the entire text displayed above the signature control before signing, and you did or chose not to
• You intend to be legally bound by that text
• Your signature is yours, applied by you, and not by anyone else on your behalf without written authority

Sharing account credentials so that another person can sign for you is a material breach of the Terms of Service, and you remain responsible for anything signed under your credentials.

8.4 Guardian signatures

Where a minor participates, the guardian signs in their own name and the record links the guardian’s signature to the minor’s record. The guardian is bound personally by the agreements they sign and is responsible for the minor’s compliance with them.

9. SMS and text message consent

These SMS terms are separate from your consent to electronic records. You may decline SMS entirely and still hold an account.

9.1 What you are agreeing to

By providing your mobile number and opting in — for example by checking the SMS consent box on our contact form, opting in during onboarding, or confirming consent with an instructor — you consent to receive text messages from Jaybird at that number, including messages sent using an automatic telephone dialing system, as contemplated by the Telephone Consumer Protection Act (TCPA).

The contact-form opt-in reads: “Text me about membership, intro flights, and availability at the number above. Message frequency varies. Reply STOP to opt out.”

9.2 Purpose and categories

9.3 Frequency

Message frequency varies and depends on your activity — bookings, compliance status, and whether you opted into marketing. We do not commit to a fixed number of messages per month.

9.4 STOP and HELP

• Reply STOP to any message to opt out. We will send one confirmation message and then stop. STOP, END, CANCEL, UNSUBSCRIBE, and QUIT are all honoured.
• Reply START or UNSTOP to opt back in.
• Reply HELP for help, or email support@jaybirdsims.com, or call the number listed on our contact page.
• We keep a suppression record of your opt-out indefinitely so that we do not text you again by mistake. That record exists only to honour your choice.

9.5 Carrier and cost disclaimer

Message and data rates may apply, at the rates your mobile carrier charges. Jaybird does not charge for text messages. Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier, coverage, and device, and is not guaranteed. Do not rely on SMS for time-critical or emergency communication.

9.6 Consent is not a condition of purchase

You are not required to agree to receive marketing text messages in order to purchase any product or service from Jaybird. Declining marketing SMS has no effect on your membership, pricing, booking privileges, or standing.

9.7 Your number

Provide only a mobile number you own or are authorised to use. If your number changes or is reassigned, tell us immediately at support@jaybirdsims.com so we do not text a stranger. You are responsible for messages sent to a number you gave us but no longer control until you tell us.

SMS is delivered by Twilio on our behalf; message content, phone numbers, and delivery status are processed as described in the Privacy Policy.

10. Records, retention, and getting a copy of what you signed

10.1 What we store at the moment you sign

For every agreement you sign, Jaybird stores an immutable snapshot of the exact text that was displayed to you at the moment of signing, together with:

• The name you signed, and the signature type — typed, drawn, or click_accept
• The timestamp of the signature
• The IP address the signature was submitted from
• The user agent of the browser or device used
• The template identity and version of the document
• Where applicable, the linked guardian signature record

The snapshot is stored with the signature record rather than referenced by link, so that later edits to a template cannot change what your record says you agreed to. If Jaybird publishes a new version of a policy, your signed record continues to show the version you actually signed.

10.2 Retention

Signed agreements and their snapshots are retained for the life of your account plus the applicable Arizona limitations period, and in no event less than seven (7) years. Compliance-related records are retained for at least five (5) years under 49 CFR 1552.23 and may be disclosed to TSA, FAA, DHS, and law enforcement on lawful request, as explained in the Privacy Policy. These retention obligations survive withdrawal of this Consent and closure of your account, and they override a deletion request.

10.3 How to obtain a copy

• In the portal: signed agreements are listed in your account, and you may view, download, and print any of them.
• By email: request a copy from support@jaybirdsims.com and we will send it within 10 business days of verifying you.
• On paper: see Section 5. There is no fee for a paper copy of an agreement you signed.

11. Governing law

This Consent is governed by the laws of the State of Arizona, without regard to conflict-of-law rules, and by the federal E-SIGN Act where it applies. You consent to exclusive jurisdiction and venue in the state and federal courts of Maricopa County, Arizona, except that Jaybird may seek injunctive relief in any court of competent jurisdiction. Where the E-SIGN Act and the Arizona Electronic Transactions Act, A.R.S. Title 44, Chapter 26 differ, the provision more protective of the validity of your electronic signature controls, to the extent permitted by law.

12. Changes to this document

We may update this Consent as our systems, delivery methods, or legal obligations change. The revised version takes effect on the date shown in your member account or on the posted document. Where a change creates a material risk that you cannot access or retain a record covered by this Consent, we will notify you in advance and give you the right to withdraw consent without fee or condition.

Continued use of the services, or continued electronic signing, after the effective date constitutes acceptance, except where applicable law requires otherwise. If you do not agree to an update, withdraw your consent under Section 6 and read the consequences there first. Prior versions are available on request.

13. Contact

Paper copies, withdrawal of consent, copies of signed agreements, SMS help, and general support: support@jaybirdsims.com

Privacy requests: privacy@jaybirdsims.com

Post: Jaybird Sim Center, 2550 N Thunderbird Cir #132, Mesa, Arizona 85215

Questions: support@jaybirdsims.com