Equipment Damage Policy

Equipment Damage Policy **Effective date:** the date shown in your member account, onboarding flow, or checkout confirmation. **Operator:** Jaybird Sim Center (“Jaybird,” “we,” “us,” “our”). **Member (“you,” “your”):** the account holder, session booker, or individual using Jaybird equipment, including guests you bring where permitted. This Equipment Damage Policy (“Policy”) governs your financial responsibility for Jaybird and partner property. It is incorporated into Jaybird’s Terms of Service, Membership Agreement, and Liability Waiver. --- ## 1. Definitions **“Equipment”** means all Jaybird and partner-owned property, including aviation training devices, motion platforms, projectors, computers, avionics panels, controls, headsets, restraints, golf simulators, bay furnishings, cabling, software licenses, and accessories. **“Damage”** means physical harm, destruction, loss, theft, contamination, unauthorized modification, or impairment of function beyond normal wear and tear. **“Protected Parties”** means Jaybird and its owners, employees, contractors, landlords, vendors, partner schools, outside instructors (where applicable), and insurers. --- ## 2. Your duty of care You must: - Operate Equipment only as directed by Jaybird staff, approved instructors, manufacturer guidance, and posted rules - Complete required briefings and obey software safety prompts - Report malfunctions, hazards, or prior damage **before** use - Keep food and liquids away from Equipment where prohibited - Refrain from unauthorized configuration, calibration, wiring, or software changes - Stop use immediately if Equipment behaves abnormally Failure to follow these duties **increases your responsibility** for resulting Damage. --- ## 3. Financial responsibility You are **financially responsible** for Damage to Equipment and Facilities caused by your or your guests’: - Misuse, negligence, or recklessness - Intentional acts or horseplay - Use while impaired by alcohol, drugs, or impairing medication - Failure to follow staff instructions, Policies, or session classification rules - Unauthorized modification, bypass of safety interlocks, or unapproved peripherals - Food, liquid, smoke, or foreign object contamination where prohibited - Leaving Equipment unattended in an unsafe state - Theft or loss where you failed to secure the bay or report unauthorized access This responsibility applies **whether or not** you intended the Damage. --- ## 4. Guest and partner equipment If you bring guests, you are **jointly and severally responsible** for Damage they cause. Where partner schools or outside instructors use Equipment under approved arrangements, the responsible party identified in Jaybird’s records (Member, instructor, or school) remains liable as determined by Jaybird based on fault and applicable lease or instructor agreements. --- ## 5. Documentation and investigation Jaybird may document Damage with photos, video, access logs, software logs, staff reports, and vendor assessments. You agree to cooperate in good faith with investigations. Jaybird’s reasonable determination of cause and scope, supported by documentation, is **presumptively correct** unless you provide contrary competent evidence within the dispute window in Section 7. --- ## 6. Estimates; repair or replace Before charging you (except emergencies requiring immediate mitigation), Jaybird will provide a **reasonable itemized estimate** including parts, labor, shipping, vendor service, downtime, and calibration where applicable. Jaybird may, in its discretion, **repair or replace** Equipment with new or refurbished components. You agree to pay the **reasonable cost of the remedy Jaybird selects**, not necessarily the lowest market quote. Emergency mitigation charges may be billed first and reconciled after investigation. --- ## 7. Billing; disputes; collection You authorize charges to your payment method on file or invoice to your account email. Charges are due as stated on the invoice unless you dispute in writing within **fourteen (14) days** with specific reasons and supporting evidence. Unpaid Damage charges may accrue late fees where permitted by law, trigger access suspension, and be sent to collection. You agree to pay reasonable collection costs. --- ## 8. Insurance; subrogation Jaybird does not provide property insurance for your benefit. If your insurer pays Jaybird for Damage you caused, you assign to Jaybird any subrogation rights to the extent of payment and cooperate with recovery efforts. --- ## 9. Software, data, and configuration damage Damage includes corrupted system images, deleted scenarios, unauthorized software installs, license violations, and recovery labor required to restore Equipment to service. You are responsible for vendor or technician fees to restore systems. --- ## 10. Normal wear and tear **Normal wear and tear is not chargeable.** Normal wear means deterioration from intended use over time without misuse, negligence, or accident. Jaybird will not charge for routine maintenance items covered by Jaybird’s operating budget. --- ## 11. No waiver of other remedies Damage charges are **in addition to** (not instead of) Jaybird’s rights to suspend or terminate Membership, revoke access, report illegal conduct, and enforce indemnities in other Policies. --- ## 12. Limitation of liability Jaybird’s aggregate liability to you arising from this Policy **shall not exceed** the amounts paid by you to Jaybird in the three (3) months preceding the claim, except where prohibited by law. --- ## 13. Governing law This Policy is governed by **Arizona law**. Disputes are subject to **Maricopa County, Arizona** venue, consistent with Jaybird’s Terms of Service. --- ## 14. Electronic acceptance By accepting at onboarding or checkout, you agree to this Policy as electronically signed under the E-SIGN Act and Arizona law. **Questions:** support@jaybirdsims.com