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”), operating at and related to 2550 N Thunderbird Cir #132, Mesa, Arizona 85215, and any successor or additional locations.

Member (“you,” “your”): the account holder, session booker, or individual using Jaybird equipment, including guests you bring where permitted, students you instruct, and minors in your care.

This Equipment Damage Policy (“Policy”) governs your financial responsibility for Jaybird, landlord, vendor, and partner property, how damage is classified and assessed, how charges are documented and billed, and how you may dispute them. It is incorporated into Jaybird’s Terms of Service, Membership Agreement, Liability Waiver and Release, Simulator Use Policy, Door Access & Facility Security Agreement, Member Simulator Lease & Equipment Use Agreement, Independent Instructor & Training Provider Agreement, and Simulator Lease & Training Provider Agreement.

1. Definitions

“Equipment” means all Jaybird and partner-owned property, including aviation training devices (the Redbird FMX (AATD), Gleim/BATD devices, and any successor device), motion platforms and actuators, control loading hardware, avionics panels and switch banks, yokes, sidesticks, throttle quadrants, rudder pedals, seats, seat rails and restraints, projectors, lamps, screens and projection surfaces, VR/AR headsets and lenses, computers, GPUs, power supplies, network hardware, cabling and connectors, golf simulators and their sensors and impact screens, bay furnishings, tools, spares, software licenses, scenario content, configuration data, and accessories.

“Facilities” means the premises and everything permanently or semi-permanently installed in them, including walls, ceilings, doors and door hardware, glass, flooring and floor coverings, lighting, HVAC equipment and controls, plumbing and fixtures, electrical distribution, café equipment, lounge and briefing-room furniture, signage, and access-control hardware (including Seam/Kwikset devices, readers, and strikes).

“Damage” means physical harm, destruction, loss, theft, contamination, unauthorized modification, misconfiguration, data or license impairment, loss of calibration or alignment, or any impairment of function, appearance, or certification status beyond normal wear and tear.

“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.

“Session” means a booked or walk-in period during which you, your guest, your student, or a party under your booking occupies or operates Equipment or a bay.

“Responsible Party” means the person or organization Jaybird determines to be financially responsible for Damage under this Policy, which may be a Member, a guest, an outside instructor, a partner school, a lessee, or more than one of them jointly and severally.

“Restoration Cost” means the total reasonable documented cost of returning Equipment or Facilities to pre-Damage condition and service, including parts, labor, diagnostics, shipping, vendor service, travel and callout charges, software or license replacement, data recovery, calibration, alignment, re-qualification, and disposal.

“Out-of-Service Period” means the period beginning when Equipment or a bay is removed from bookable availability because of Damage and ending when it is restored to normal bookable service.

2. Your duty of care

2.1 Before you start — inspection and pre-existing damage

You have an affirmative duty to inspect the bay and Equipment before you begin, and to report any pre-existing damage, malfunction, contamination, or hazard to Jaybird before your Session starts using the reporting method published in the portal or posted in the bay.

If you do not report pre-existing damage before starting, and that damage is later discovered, Jaybird may treat it as having occurred during your Session under the chain-of-custody presumption in Section 14. A brief, good-faith inspection and a timely report are the simplest way to protect yourself.

2.2 During your Session

You must:

• Operate Equipment only as directed by Jaybird staff, approved instructors, manufacturer guidance, posted rules, and the Simulator Use Policy
• Complete required briefings and obey software safety prompts and warnings
• Keep food, drinks, vapor, smoke, aerosols, and open flame away from Equipment where prohibited
• Refrain from unauthorized configuration, calibration, wiring, mounting, peripheral, or software changes
• Keep hands, feet, cables, lanyards, and personal items clear of pinch points and moving structure
• Stop use immediately if Equipment behaves abnormally, makes unusual noise, smells hot, or displays a fault
• Supervise your guests, students, and any minor in your care at all times

2.3 When you finish

You must return the bay and Equipment to the published end-of-session state: controls neutral or as posted, motion platform lowered, headsets returned to their cradle or case with lenses protected, power state as instructed, trash removed, seats and settings restored, and doors secured. Report any Damage that occurred or that you discovered, even if you believe you did not cause it, before you leave.

Failure to follow these duties increases your responsibility for resulting Damage and may itself be chargeable under Section 13.

3. Prohibited conduct

The following are prohibited, are outside normal use, and create full financial responsibility for any resulting Damage:

• Bypassing, disabling, defeating, or tampering with safety interlocks, emergency stops, restraints, guarding, alarms, fire systems, or access control
• Removing, opening, or accessing enclosures, racks, panels, or hardware not intended for user access
• Connecting unapproved peripherals, storage devices, dongles, or network equipment
• Installing, copying, removing, cracking, or circumventing licensing for any software or scenario content
• Moving, tilting, dragging, or re-mounting Equipment, projectors, screens, or furniture
• Applying force to controls beyond normal operating input, including striking, kicking, wrenching, or hanging on hardware
• Using Equipment while impaired, or permitting an impaired person to use it
• Exceeding posted occupancy, weight, height, or age limits
• Permitting an unauthorized person to occupy, operate, or access Equipment or a bay
• Theft, concealment, or removal of any Equipment, tool, spare, or accessory from the Facility

4. Financial responsibility

You are financially responsible for Damage to Equipment and Facilities caused by your or your guests’, students’, or invitees’:

• Misuse, negligence, or recklessness
• Intentional acts, horseplay, or roughhousing
• Use while impaired by alcohol, cannabis, drugs, or impairing medication
• Failure to follow staff instructions, Policies, briefings, or Session classification rules
• Unauthorized modification, bypass of safety interlocks, or unapproved peripherals
• Food, liquid, smoke, vapor, or foreign object contamination where prohibited
• Leaving Equipment unattended in an unsafe or unsecured state
• Theft or loss where you failed to secure the bay, secure the Facility, or report unauthorized access
• Sharing door credentials or permitting tailgating in violation of the Door Access & Facility Security Agreement

This responsibility applies whether or not you intended the Damage, and applies to the full Restoration Cost plus any charges under Sections 10, 11, 12, and 13.

5. Damage classification tiers

Jaybird classifies Damage into the tiers below. A single incident may fall into more than one tier, and charges from multiple tiers are cumulative. Tier assignment is based on the documented assessment described in Section 17.

Tier 1 Damage that recurs from the same Member, or that accumulates, may be reclassified upward where the cumulative effect requires component replacement or removal from service.

6. High-value components and special handling

The components below carry elevated Restoration Cost, long lead times, or mandatory post-repair calibration. Damage to any of them is presumptively Tier 3 or higher unless the assessment shows otherwise.

7. Software, data, license, and configuration damage

Damage includes non-physical harm to systems and content. You are responsible for the full cost of restoring any of the following:

• Corrupted or altered system image requiring re-imaging, reinstallation, and reconfiguration of the host and its peripherals
• Deleted, overwritten, renamed, or modified scenario files, aircraft profiles, navigation data, weather sets, terrain or scenery assets, and saved flights
• Altered configuration, including control mappings, axis assignments, sensitivity and force curves, display geometry, blend and warp files, network settings, and device pairings
• Unlicensed, pirated, or unauthorized software installation that exposes Jaybird to a vendor, licensor, or copyright claim — you are responsible for the license cost, remediation cost, and any claim, penalty, settlement, or fee arising from it, and you indemnify the Protected Parties for it
• License key loss, deactivation, seat exhaustion, or transfer caused by your activity
• Data loss affecting session logs, telemetry, debrief recordings, or member records
• Malware, ransomware, or unauthorized network activity introduced through your device, storage media, or credentials, including forensic investigation and remediation cost
• Recovery labor by Jaybird staff, contractors, or vendors, billed at the documented internal or vendor rate

You may not install, remove, copy, modify, or reconfigure software or content on any Jaybird system for any reason. If a system needs a change, ask staff.

8. Calibration, alignment, and device re-qualification

Where Damage disturbs the alignment, calibration, force characteristics, visual geometry, or configuration of an aviation training device, restoration includes returning the device to its qualified configuration and documenting that it has been returned.

You are responsible for the cost of:

• Re-calibration and re-alignment of motion, control loading, visual, and avionics systems
• Projector geometry, blend, and color re-alignment across all channels affected
• Vendor or manufacturer re-qualification, re-certification, inspection, or letter of authorization support where required to restore the device’s training-credit status
• Documentation, test flights, and verification runs performed by staff or a vendor to confirm the device is fit to return to service
• Extended Out-of-Service Period under Section 10 where re-qualification scheduling, not repair, drives the delay

Loss of a device’s qualified status is treated as Tier 3 or Tier 4 Damage depending on the cost and duration of restoration.

9. Facility damage

You are responsible for Damage to Facilities on the same basis as Damage to Equipment, including:

• Walls, ceilings, trim, and paint — impact damage, holes, gouges, unauthorized mounting or anchoring, adhesive residue
• Doors, frames, closers, strikes, and access-control hardware — forced or propped doors, damaged readers, broken keypads, bent strikes, disabled closers, lost or destroyed credentials
• Flooring and floor coverings — burns, tears, staining, chemical or liquid damage, gouging from dragged equipment or furniture
• Glass, mirrors, and partitions — cracks, chips, shattering, scratched coatings
• HVAC equipment and controls — damaged thermostats, blocked or redirected diffusers, tampering with settings or equipment
• Plumbing and fixtures — clogs from improper disposal, damaged fixtures, water intrusion and resulting remediation, including mold remediation where applicable
• Café equipment — machines, grinders, refrigeration, dispensers, and their consumable and service costs
• Furniture and furnishings — lounge and briefing-room seating, tables, shelving, displays, whiteboards, signage
• Landlord property and common areas — where the landlord or property manager charges Jaybird for Damage you caused, you are responsible for the amount charged plus Jaybird’s reasonable administrative cost

Water intrusion, fire, smoke, and alarm-activation events may carry third-party remediation, fire-department, alarm-company, and landlord charges, all of which are part of the Restoration Cost.

10. Downtime and loss-of-use charges

When Damage removes Equipment, a bay, or a Facility area from bookable service, Jaybird incurs real, quantifiable loss. You are responsible for a daily out-of-service charge for each day or partial day of the Out-of-Service Period.

10.1 How the daily charge is calculated

The daily out-of-service charge is based on documented lost booked revenue and lost bookable availability, calculated as the greater of:

• The actual booked revenue cancelled or refused for the affected device or bay during the Out-of-Service Period, evidenced by booking records, waitlists, and cancellation notices; or
• The average daily realized revenue for that device or bay over the trailing ninety (90) days, prorated for the affected hours where the outage does not span a full operating day

Membership entitlement hours restored to other members because of the outage are valued at the published per-hour rate for the affected plan and count toward the calculation.

10.2 Cap methodology

To keep downtime charges predictable and proportionate, the total out-of-service charge for a single incident is capped at the lesser of:

• Thirty (30) days of the applicable daily rate; or
• The Restoration Cost of the underlying Damage for that incident

Jaybird will use commercially reasonable efforts to mitigate the Out-of-Service Period, including reallocating bookings to another device where possible, using expedited service where economical, and returning the device to partial service where it is safe and honest to do so. Days of delay caused solely by Jaybird’s own scheduling convenience are excluded. Days of delay caused by vendor lead time, parts availability, shipping, or required re-qualification are included and are not attributable to Jaybird.

10.3 Related charges

In addition to the daily out-of-service charge, you are responsible for documented partial-availability credits or goodwill credits Jaybird reasonably issues to other members whose bookings were cancelled or degraded because of your Damage, capped at the value of the affected bookings.

11. Diagnostic and inspection fee

Where Damage is reported, suspected, or observed and Jaybird must investigate — including pulling logs, reviewing footage, performing functional tests, disassembling to inspect, or arranging a vendor assessment — a diagnostic and inspection fee covering documented staff time at Jaybird’s published internal labor rate and any third-party assessment cost applies.

This fee is chargeable to the Responsible Party whether or not Damage is ultimately confirmed, where the investigation was triggered by that party’s conduct, report, or Session — for example, where a Member reports a fault that testing shows does not exist, where a Member’s misuse triggers a protective shutdown, or where a Member’s failure to follow shutdown procedure requires a technician to verify the device.

The fee is waived where the investigation confirms a fault not attributable to any Member, where a Member makes a good-faith report of a genuine malfunction, and where a Member’s pre-Session inspection report under Section 2.1 identified the condition. Jaybird will not penalize honest reporting.

12. Expedited shipping, vendor callout, and after-hours service

Where restoration requires it, you are responsible for documented:

• Expedited or overnight shipping for parts, and expedited freight for oversized assemblies
• Vendor or manufacturer callout charges, minimum-visit fees, travel, mileage, per diem, and lodging
• After-hours, weekend, and holiday premium labor rates for staff or vendors
• Return shipping, core charges, restocking fees, and disposal or recycling fees
• Rental or loaner equipment obtained to reduce the Out-of-Service Period

Jaybird will use expedited service only where it is reasonable to reduce downtime, cost, or safety exposure, and expedited charges reduce the downtime charge in Section 10 by shortening the Out-of-Service Period.

13. Failure to report

You have a duty to report Damage that you cause and Damage that you discover, promptly and before you leave the Facility.

Where you fail to report Damage that occurred or that was discoverable during your Session:

• A failure-to-report charge applies, covering the additional investigation, disruption, and risk created by the delay, in an amount not exceeding the diagnostic and inspection fee in Section 11 plus one day of the applicable out-of-service rate
• A rebuttable presumption of responsibility arises against you for that Damage, in addition to the chain-of-custody presumption in Section 14
• Where the unreported condition allowed a subsequent user to be exposed to an unsafe device, Jaybird may treat the failure as a material breach supporting immediate suspension or termination of membership and door access
• Where the unreported condition caused further Damage to the device or to another asset, you are responsible for that further Damage as well

Reporting Damage you caused, promptly and honestly, will never by itself result in a failure-to-report charge, and Jaybird may in its discretion reduce charges where a Member’s prompt report materially limits the loss.

14. Chain-of-custody presumption

Because bays are used in sequence and are not continuously staffed, Jaybird establishes responsibility using a chain-of-custody presumption: the Member who held the booking, or who is shown by access records to have occupied the bay, during the period in which the Damage occurred is presumed to be the Responsible Party.

The presumption is established using:

• Booking and check-in records, including start and end times, plan type, and party composition
• Door and access-control logs, including credential identity, entry and exit events, and door-held or forced-door alarms
• Camera footage, where available and retained
• Device, software, and telemetry logs, including fault codes, session start and stop, and configuration changes
• Staff and instructor observation reports and the pre-Session and post-Session condition records
• Prior and subsequent Members’ inspection reports under Section 2.1

The presumption is rebuttable. You may overcome it by submitting competent evidence within the dispute window in Section 21 showing that the Damage existed before your Session, occurred after it, or was caused by a person or cause outside your control. A general denial, an assertion that you did not notice the Damage, or a statement that you were careful is not, by itself, competent evidence.

Where two or more Sessions could account for the Damage and the evidence does not distinguish among them, Jaybird may allocate the Restoration Cost proportionally among the Members involved, or may pursue any of them jointly and severally under Section 15.

15. Joint and several liability; guests, instructors, schools, and lease use

15.1 Who is responsible

All parties present under a booking are jointly and severally responsible for Damage occurring during that Session, including the booking Member, co-bookers, guests, companions, students, minors in a Member’s care, and any instructor conducting the Session. Jaybird may pursue any one or more of them for the full amount, is not required to pursue them proportionally, and is not required to exhaust remedies against one before pursuing another.

If you bring guests or supervise students, you are responsible for Damage they cause as if you had caused it yourself, and your indemnity obligations under the Liability Waiver and Release and Terms of Service apply.

15.2 Outside instructors, schools, and lease arrangements

Where an outside instructor, partner school, training provider, or lessee uses Equipment under an approved arrangement, responsibility is determined by Jaybird based on documented fault and by the applicable Independent Instructor & Training Provider Agreement, Simulator Lease & Training Provider Agreement, or Member Simulator Lease & Equipment Use Agreement. Those agreements may impose insurance, indemnity, supervision, and flow-down obligations that operate in addition to this Policy.

Jaybird may pursue any responsible party and allocate among them, in any order and in any proportion. Allocation between an instructor, a school, and a student is a matter between those parties, and any internal allocation, reimbursement arrangement, or dispute among them does not delay, reduce, or condition the obligation of any of them to pay Jaybird. Jaybird’s determination of allocation, supported by documentation under Section 17, is presumptively correct.

15.3 DSA and affiliated schools

Where a Session is conducted under a DSA or affiliated-school program, the school’s agreement with Jaybird controls the allocation of Damage responsibility between Jaybird and the school. You remain responsible to Jaybird for Damage you cause regardless of any arrangement between Jaybird and the school, and Jaybird may elect to bill the school, the instructor, the student, or any combination.

16. Security deposits and card authorization holds

For high-risk Sessions, events, group bookings, extended or overnight use, unattended or after-hours use, competitions, filming, third-party rentals, and lease use, Jaybird may require, as a condition of access:

• A refundable security deposit in a published amount
• A pre-authorization hold on a valid payment method on file
• A signed responsibility acknowledgment identifying the Responsible Party
• Evidence of insurance naming Jaybird as an additional insured, where applicable

You authorize Jaybird to place, extend, and release authorization holds on your payment method for these purposes. Holds are released, and deposits are refunded, within a commercially reasonable period after the Session once the Equipment and Facilities have been inspected and found undamaged. A deposit or hold is security only; it is not a cap on your liability, and it does not limit Jaybird’s right to recover the full Restoration Cost and all charges under this Policy.

17. Documentation and investigation

Jaybird may document Damage with photographs, video, camera footage, access logs, software and telemetry logs, fault codes, staff and instructor reports, vendor assessments, invoices, quotes, and booking records. You agree to cooperate in good faith with investigations, to respond to reasonable requests for information, to provide a written statement if asked, and not to alter, conceal, or destroy any evidence.

Jaybird’s reasonable determination of cause, scope, tier, allocation, and Restoration Cost, supported by documentation, is presumptively correct unless you provide contrary competent evidence within the dispute window in Section 21.

Jaybird will retain the documentation supporting a Damage charge for at least the period required by law and, where the incident relates to a training Session subject to 49 CFR Part 1552, consistent with the five (5) year compliance retention standard applied to those records. Handling of personal information in investigation records is described in the Privacy Policy; questions may be directed to privacy@jaybirdsims.com.

18. Estimates; repair or replace

Before charging you — except for emergency mitigation requiring immediate action to prevent further Damage, injury, or extended downtime — Jaybird will provide a reasonable itemized estimate identifying parts, labor, diagnostics, shipping, vendor service, downtime, calibration, and any other component of the Restoration Cost.

Jaybird may, in its discretion, repair or replace Equipment with new, refurbished, or equivalent components, and may select the vendor, service level, and schedule. You agree to pay the reasonable cost of the remedy Jaybird selects, which need not be the lowest available quote, provided the selection is commercially reasonable in light of downtime, safety, warranty, device qualification, vendor availability, and compatibility.

Emergency mitigation charges may be billed first and reconciled after investigation. If reconciliation shows an overcharge, Jaybird will refund or credit the difference.

Jaybird will not charge you for the betterment portion of a replacement where a like-for-like part is unavailable and the replacement materially upgrades the asset; in that case Jaybird will apply a reasonable adjustment reflecting the difference.

19. Billing and payment

You authorize Jaybird to charge Damage amounts to the payment method on file or to invoice your account email, and to apply any deposit or authorization hold under Section 16 against the amount owed.

Charges are due as stated on the invoice. Unpaid charges may result in suspension of booking privileges, deactivation of door credentials, suspension or termination of membership, and the remedies in Sections 22 and 24. Payment of a Damage charge is not an admission of fault for any other purpose, and Jaybird’s acceptance of partial payment is not a waiver of the balance.

20. No refund interaction

Damage charges are separate from membership dues, session fees, and instructor fees, and are not refundable except where Jaybird’s reconciliation under Section 18 or its determination under Section 21 shows an overcharge. Nothing in this Policy creates a right to a refund of any other amount; the No Refund Policy and the Cancellation and No-Show Policy control those subjects.

21. Dispute procedure

21.1 Deadline

You may dispute a Damage charge by submitting a written dispute to support@jaybirdsims.com within fourteen (14) (calendar) days of the date the charge or estimate is first sent to you. Disputes submitted after fourteen (14) days are waived, except where applicable law provides otherwise.

21.2 What your dispute must include

A dispute must be specific. To be considered, it must include:

• The invoice or incident number and the specific line items you dispute
• A clear statement of what you contend actually happened
• The factual basis for contending that you are not the Responsible Party, or that the tier, scope, or amount is wrong
• Supporting evidence, which may include your own photographs or video with timestamps, your pre-Session inspection report, witness statements with contact information, a written statement from an instructor or guest present, records showing you were not present, or a competing itemized quote from a qualified vendor for the same scope of work
• Your proposed resolution

A general denial, an assertion of carefulness, an objection to the price without a competing quote for the same scope, or a request that Jaybird “prove it” without contrary evidence is not sufficient to rebut the presumptions in Sections 14 and 17.

21.3 Internal review

Jaybird will acknowledge a timely dispute and conduct an internal review, which may include re-examining logs and footage, re-inspecting the Equipment, obtaining a second vendor opinion, and interviewing staff or instructors present. Jaybird will issue a written determination stating the outcome and the reasons, and will adjust, withdraw, or confirm the charge accordingly.

21.4 Escalation

If you disagree with the determination, you may request escalation to Jaybird ownership or a designated manager within seven (7) days of the determination, identifying what you contend the review got wrong. The escalation decision is Jaybird’s final internal position. Escalation is a prerequisite to filing suit over a Damage charge, and does not extend any limitations period.

21.5 Undisputed amounts remain due

Using the dispute procedure does not suspend your obligation to pay undisputed amounts. Where you dispute part of an invoice, you must pay the undisputed portion by the original due date. Where the dispute concerns the full amount, Jaybird may in its discretion suspend collection activity pending the determination, but interest under Section 22 continues to accrue on any amount ultimately confirmed as owed, unless Jaybird waives it.

22. Interest, late charges, and collection

Unpaid Damage charges accrue late charges and interest at the maximum rate permitted by Arizona law from the original due date until paid in full.

If a charge remains unpaid, Jaybird may:

• Suspend or terminate booking privileges, door access, and membership without refund
• Refer the account to a collection agency or debt buyer
• Report the debt as permitted by applicable law
• File suit in Maricopa County, Arizona
• Recover reasonable attorneys’ fees, expert fees, collection agency fees, court costs, and other costs of collection, to the fullest extent permitted by Arizona law, in addition to the principal and interest

Payments received are applied first to costs of collection, then to interest and late charges, then to the oldest outstanding principal, unless Jaybird elects otherwise.

23. Insurance and subrogation

Jaybird’s property and liability insurance is maintained for Jaybird’s benefit only. It is not for your benefit, you are not an insured, additional insured, loss payee, or third-party beneficiary of it, and its existence does not reduce, cap, or condition your obligations under this Policy. You may not assert that Jaybird should look to its own insurance rather than to you.

You are encouraged to maintain your own coverage. Damage you cause at Jaybird may be covered under a homeowner’s, renter’s, umbrella, aviation, non-owned aircraft, or renter’s-liability policy, and outside instructors, schools, and lessees are separately required to carry coverage under their agreements with Jaybird.

You agree to:

• Notify your insurer promptly of any Damage you may be responsible for, if you intend to seek coverage
• Cooperate fully with Jaybird, its insurer, and any adjuster or investigator, including providing statements, documents, and policy information
• Assign to Jaybird any claim proceeds, to the extent of the Damage, and to direct your insurer to pay Jaybird directly where Jaybird has incurred the loss
• Assign subrogation rights to Jaybird to the extent of any payment Jaybird makes or any recovery Jaybird pursues, and to execute documents reasonably necessary to perfect that assignment
• Not settle or release any third party whose conduct contributed to the Damage in a way that impairs Jaybird’s recovery rights, without Jaybird’s written consent

If your insurer pays Jaybird for Damage you caused, your obligation is satisfied to the extent of the payment actually received; you remain responsible for deductibles, coinsurance, denied portions, and any shortfall.

24. Criminal referral

Jaybird will refer to law enforcement, and will cooperate fully with any resulting investigation and prosecution, any incident involving:

• Intentional destruction, vandalism, or defacement of Equipment or Facilities
• Theft, concealment, or unauthorized removal of Equipment, tools, spares, accessories, or member or staff property
• Tampering with safety systems, including interlocks, emergency stops, restraints, fire and life-safety systems, alarms, or access control
• Unauthorized entry, credential fraud, forced entry, or admitting an unauthorized person with intent to cause harm or loss
• Computer intrusion, license circumvention, or introduction of malware into Jaybird systems
• Fraudulent chargebacks, payment fraud, or identity misrepresentation in connection with a Damage charge

Criminal referral is in addition to, and not in place of, Jaybird’s civil remedies. Restitution ordered in a criminal proceeding is credited against amounts owed under this Policy, and amounts recovered under this Policy are credited against restitution, so that Jaybird is made whole but not twice.

25. Normal wear and tear

Normal wear and tear is not chargeable. Normal wear means deterioration from intended use over time without misuse, negligence, accident, or violation of this Policy — for example, gradual switch and detent wear from ordinary actuation, expected projector lamp hour consumption, seat fabric aging, and routine consumable replacement.

Jaybird will not charge for routine preventive maintenance, scheduled calibration, software updates, or consumables covered by Jaybird’s operating budget. Where an incident involves both wear-related failure and Member conduct, Jaybird will apportion the Restoration Cost reasonably and will document the apportionment in the estimate.

26. No waiver of other remedies

Damage charges are in addition to (not instead of) Jaybird’s rights to suspend or terminate membership, revoke door access, cancel bookings, deny future access to a device or the Facility, restrict guest privileges, report illegal conduct, pursue injunctive relief, and enforce indemnities in the Liability Waiver and Release, Terms of Service, Membership Agreement, and the applicable lease or instructor agreement.

Jaybird’s failure or delay in enforcing any provision, in charging for any Damage, or in pursuing any remedy is not a waiver of that provision or remedy, and does not establish a course of dealing or precedent.

27. Limitation of liability

To the fullest extent permitted by Arizona law, the aggregate liability of Jaybird and the Protected Parties to you arising out of or related to this Policy, any Damage assessment, any investigation, or any charge shall not exceed the greater of (a) the amounts you paid to Jaybird in the three (3) months preceding the claim, or (b) five hundred U.S. dollars (US$500).

The Protected Parties disclaim indirect, incidental, special, consequential, exemplary, and punitive damages, and lost profits, lost training time, and lost opportunity, except where prohibited by law. This limitation applies regardless of the theory of liability and survives any determination that another provision is unenforceable.

28. Relationship to other Jaybird agreements

Where another signed document addresses a subject in greater specificity — for example, lease-specific damage terms in the Member Simulator Lease & Equipment Use Agreement, insurance and flow-down terms in the Independent Instructor & Training Provider Agreement or Simulator Lease & Training Provider Agreement, or access terms in the Door Access & Facility Security Agreement — that document controls that subject, and this Policy continues to apply to everything else. Related documents also include the Terms of Service, Privacy Policy, No Refund Policy, Liability Waiver and Release, Membership Agreement, Cancellation and No-Show Policy, Simulator Use Policy, Identity & Flight Training Disclosure, 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 the Accessibility Statement.

29. Governing law; venue; dispute resolution

This Policy is governed by the laws of the State of Arizona, without regard to conflict-of-law rules. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, and waive any objection based on personal jurisdiction, improper venue, or forum non conveniens.

The internal dispute procedure in Section 21, including escalation, must be completed before either party files suit over a Damage charge, except where immediate injunctive relief is necessary or a limitations period would expire. Jaybird may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its property, personnel, data, or access-control systems. The prevailing party is entitled to recover reasonable attorneys’ fees and costs to the extent permitted by Arizona law.

30. Severability; entire agreement; survival

If any provision of this Policy is held invalid, void, or unenforceable in whole or in part, that provision shall be modified or blue-penciled to the minimum extent necessary to make it enforceable and shall be enforced as modified; if it cannot be modified, it shall be severed and all remaining provisions remain in full force and effect. The parties intend this Policy to be given the broadest interpretation permitted by Arizona law.

This Policy, together with the documents listed in Section 28 that you accept at onboarding, constitutes the entire agreement regarding financial responsibility for Damage to Equipment and Facilities, and supersedes all prior or contemporaneous understandings on that subject. No amendment or waiver is effective unless in writing and signed by Jaybird, except that Jaybird may publish updated versions of this Policy, which apply prospectively from their effective date.

Provisions intended to survive — including Sections 4, 7, 10 through 17, and 19 through 30 — survive termination of membership, revocation of access, expiration of any lease, and completion of your final Session.

31. Acknowledgment; electronic signature

You represent that you have read this Policy, that you understand it creates real financial obligations, and that you accept it voluntarily as a condition of using Jaybird Equipment and Facilities.

By typing your full legal name, checking the acceptance box, or clicking to accept at onboarding, booking, or checkout (or by a parent or legal guardian doing so on behalf of a minor), you intend to sign this Policy electronically under the U.S. 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, the associated timestamp, account identifiers, and IP address constitute a valid, attributable, and legally binding signature to the same extent as a handwritten signature on paper, and that an electronic or printed copy of this Policy is admissible as an original. Your consent to electronic records and signatures, and your right to withdraw it or request a paper copy, are described in the Electronic Communications & E-Sign Consent.

Questions: support@jaybirdsims.com