Guest & Visitor Waiver and Release

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.

You (“Guest,” “Visitor,” “you,” “your”): any person who is not a current Jaybird member and who enters Jaybird premises for any reason, and, if you are under eighteen (18) years of age, the parent or legal guardian signing on your behalf.

This Guest & Visitor Waiver and Release (“Waiver”) applies to every non-member who enters Jaybird premises, including a guest of a member, a prospective member on a tour or demonstration, a student brought in by an outside instructor or partner flight school, an event or open-house attendee, a spectator or companion, and a vendor, delivery person, or contractor. In consideration of being permitted to enter Jaybird premises and, where applicable, to use Jaybird facilities, equipment, software, and services, you agree as follows. If you do not agree to this Waiver in full, do not enter the facility or use any equipment.

1. Definitions

“Activities” means any presence at or use of Jaybird facilities or services, including without limitation: aviation training devices (including Redbird FMX AATD and Gleim/BATD devices), flight simulators, motion bases and motion platforms, golf simulators, projectors, VR/AR headsets, avionics panels, restraints, controls, software, briefing rooms, lounge and café areas, common areas, restrooms, parking areas, stairs, ramps, and doors; tours, demonstrations, and events; instruction (only if booked, approved, and compliant); and any ancillary services.

“Released 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.

“Sponsor” means the Jaybird member, approved outside instructor, partner flight school, training provider, event host, or vendor-engaging party who brought you onto the premises, invited you, or is otherwise responsible for your presence.

“Escorted areas” means all areas of the facility other than the entry vestibule, lounge, café seating, and public restrooms.

2. Voluntary presence and participation

You voluntarily choose to enter Jaybird premises and, where permitted, to participate in the Activities. No one is requiring you to enter the facility or to use any equipment. You may decline any activity at any time, and you are encouraged to do so if you have any doubt about your fitness or comfort. If you do not agree to this Waiver in full, do not enter the facility or use any equipment.

3. Assumption of risk

You understand that the Activities involve inherent, serious, and unanticipated risks that cannot be eliminated regardless of the care taken, including without limitation:

• Falls, trips, and slips on floors, ramps, stairs, or equipment
• Strikes against fixed objects, motion platforms, canopies, controls, or other people
• Motion sickness, dizziness, vertigo, nausea, and balance impairment
• Musculoskeletal strain, repetitive stress, and soft-tissue injury
• Eye strain, headaches, and visual fatigue from displays, projectors, or VR/AR equipment
• Seizures or adverse neurological reactions triggered by flashing visuals, motion, or immersive stimuli
• Cardiovascular events, fainting, or other medical emergencies during exertion or stress
• Electrical shock, fire, smoke, or equipment malfunction
• Failure of software, hardware, motion systems, restraints, or safety interlocks
• Collision with simulated or real objects inside or near simulator bays
• Injury from golf clubs, balls, or simulator projectiles
• Theft, loss, or damage to personal property
• Exposure to communicable illness in shared indoor spaces
• Unauthorized entry, tailgating, or security incidents in access-controlled areas
• Serious personal injury, permanent disability, and death

You further acknowledge the risks of simulator aftereffects — including disorientation, impaired balance, delayed reaction time, altered depth or motion perception, drowsiness, and “sim sickness” — which may persist after a session ends and may impair your ability to walk, drive, or operate equipment. You agree to remain seated until fully oriented and to not operate a motor vehicle or other equipment until any aftereffects have fully resolved.

These risks may arise from your own actions, the actions of others, equipment failure, facility conditions, or events beyond anyone’s control. You expressly assume all risks known and unknown associated with your presence and participation, except solely for claims arising from a Released Party’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

4. Release, waiver, and covenant not to sue

To the fullest extent permitted by Arizona law, you release, waive, discharge, and covenant not to sue the Released Parties from any and all liability, claims, demands, actions, or causes of action of every kind, whether in contract, tort, statute, equity, or otherwise, and whether now known or unknown, arising out of or related to:

• Your entry onto Jaybird premises or participation in the Activities
• Any injury, illness, death, or property damage you suffer or cause
• The negligence (including ordinary negligence) of any Released Party
• Equipment malfunction, design defect, or failure to warn
• Acts or omissions of your Sponsor, of outside instructors, flight schools, partners, or of other members, guests, or visitors
• Any decision you make before, during, or after your visit, including any real-world flight, vehicle operation, or training decision

This release applies to claims you may have against the Released Parties even if you have not yet discovered the injury or claim at the time you sign, and it binds your heirs, executors, administrators, personal representatives, successors, and assigns.

5. Sponsorship, supervision, and your direct obligations

5.1 You are supervised by, and are the responsibility of, your Sponsor

You are on the premises as the responsibility of your Sponsor. Your Sponsor is accountable to Jaybird for your conduct, your compliance with every Jaybird policy, and any damage or injury you cause. Nothing in this Section relieves your Sponsor of that responsibility.

5.2 You also owe direct obligations to Jaybird

Your Sponsor’s responsibility is in addition to, and does not replace, your own. You owe Jaybird direct, independent obligations under this Waiver, and Jaybird may enforce this Waiver against you directly, regardless of whether Jaybird also pursues your Sponsor, and regardless of whether your Sponsor instructed, permitted, or was unaware of your conduct. You may not assert as a defense that your Sponsor was responsible for you.

5.3 Staff authority

You will follow all posted rules, safety briefings, software prompts, bay instructions, and directions from Jaybird staff or approved instructors at all times. Jaybird staff may end any session, restrict any activity, or require you to leave the premises at any time and for any reason, without refund to you or your Sponsor.

6. No credentials; escort required; you leave when your Sponsor leaves

You acknowledge and agree that:

• Guests and visitors are never issued door PINs, access codes, mobile credentials, fobs, or any other entry credential, and you will not ask a member or staff member for one
• You will not use, memorize, photograph, record, or attempt to observe any member’s or staff member’s credentials, and you will not enter through a controlled door except when your Sponsor or a staff member opens it for you and enters with you
• Tailgating is prohibited. You will not follow any person through a controlled door, and you will not hold a door for another person
• You have no unattended access. You must be escorted at all times in Escorted areas by your Sponsor or a Jaybird staff member
• You must leave the facility when your Sponsor leaves. You may not remain on the premises — in a bay, the lounge, the café, the parking area, or anywhere else — after your Sponsor departs, and you may not return without a Sponsor
• You will not be present during unattended or after-hours operation of the facility under any circumstances
• You will sign in and sign out as Jaybird requires, present government-issued photo identification on request, and wear any visitor identification issued to you

Any violation of this Section is a material breach of this Waiver and of Jaybird’s Door Access & Facility Security Agreement, and may result in immediate removal, a permanent ban, charges to your Sponsor, and referral to law enforcement.

7. Conduct rules; prohibited items; photography; no soliciting

7.1 Conduct

You will conduct yourself safely, courteously, and lawfully. The following are prohibited:

• Harassment, bullying, discrimination, threats, intimidation, or abusive language toward members, guests, staff, instructors, or contractors
• Entering restricted areas, staff areas, mechanical or server spaces, storage areas, or any bay reserved by another person
• Touching, adjusting, operating, powering, or repositioning any simulator, motion platform, control, avionics panel, projector, headset, computer, or network device without express staff authorization and supervision
• Tampering with, bypassing, disabling, or modifying any restraint, interlock, emergency stop, camera, alarm, or access-control device
• Interfering with another person’s session, entering an occupied bay uninvited, or distracting a person using motion or VR/AR equipment
• Sitting, leaning, climbing, or placing objects on simulator structures, motion bases, or canopies
• Removing, relocating, or borrowing any Jaybird or partner property

7.2 Prohibited items

You will not bring onto the premises: weapons of any kind (except as expressly permitted by Arizona law and Jaybird’s posted policy); alcohol, cannabis, or illegal drugs; nicotine or vaping products for use indoors; open flame or incendiary devices; drones or remote-controlled aircraft operated indoors; pets or animals other than a service animal as defined by law; or outside food or beverage into simulator bays. Food and drink are permitted only in designated lounge and café areas and are prohibited inside simulator bays and around avionics, controls, and headsets.

7.3 Photography, recording, and streaming

Jaybird operates a facility where members’ identities, training records, compliance documents, and screens are visible. Accordingly:

• You may photograph or record yourself and your own party only, and only in areas where recording is permitted and only when doing so does not interfere with any session
• You must obtain the express consent of every other identifiable member, guest, staff member, instructor, or contractor before photographing, recording, or streaming them, and you must stop immediately if asked
• You will not photograph, record, capture, or transmit any check-in kiosk or screen, portal display, identity or citizenship document, compliance record, training record, access-control keypad, door hardware, alarm panel, camera placement, or staff workstation
• You will not record any interaction with staff for the purpose of publication, and you will not livestream from inside the facility without Jaybird’s prior written approval
• Jaybird staff may require you to stop recording and delete any image or recording taken in violation of this Section, and may require you to leave

Jaybird’s Photo, Video & Media Release governs Jaybird’s own capture and use of imagery, including your likeness, and is incorporated by reference. See Section 12.

7.4 No soliciting

You will not solicit, market, sell, promote, recruit, distribute materials, collect contact information, conduct market research, or offer instruction or services of any kind to Jaybird members, guests, staff, or instructors on the premises or in Jaybird’s digital spaces, and you will not use your visit to develop a competing offering. Vendors and contractors may conduct only the business for which they were expressly engaged.

8. No flight training without verification; the “free demo” is not a workaround

8.1 General prohibition

You may not receive flight training at Jaybird as a guest or visitor. Specifically, you will not receive or accept, and you will not ask any member, instructor, or staff member to provide, any of the following: flight training, flight instruction, certificate or rating training, flight review, instrument proficiency check, currency or proficiency training, logged dual instruction, a logbook entry, an endorsement, or any FAA-creditable training — unless and until all of the following are true:

• You have completed Jaybird’s identity verification and, where required, citizenship verification under the Identity & Flight Training Disclosure and 49 CFR Part 1552
• Where you are not a U.S. citizen or U.S. national, all applicable TSA Flight Training Security Program (“FTSP”) requirements for your status are complete and confirmed by Jaybird
• The session is booked and approved as a training session with the correct session type, and the responsible flight training provider is identified in Jaybird’s records
• Instruction, where provided, is delivered by an instructor Jaybird has approved under the Independent Instructor & Training Provider Agreement or an equivalent agreement

8.2 A demonstration is not a loophole

You expressly acknowledge and agree that a session labeled a “free demo,” “trial flight,” “intro flight,” “tour,” “open house,” “discovery session,” “try it out,” “ride-along,” or “fun flight” — whether or not any money changes hands, and whether or not the word “training” is used — cannot be used to circumvent, delay, or avoid the identity, citizenship, and FTSP requirements of 49 CFR Part 1552. Whether an activity is flight training is determined by what actually occurs, not by how the session is labeled, who pays, or whether it is free. You will not request, accept, encourage, or participate in the mislabeling of any session, and you will not ask a member or instructor to provide “just a few pointers” in a device in order to obtain instruction outside a compliant session.

8.3 Logging and records

You will not log or claim any time obtained during a guest visit as flight training, aeronautical experience, or creditable simulator time, and Jaybird will not issue any logbook entry, endorsement, certificate of completion, or training record for a guest session.

8.4 Truthfulness and consequences

You represent that all identity, citizenship, nationality, immigration-status, and training-purpose information you provide is true, complete, and current. Making a fraudulent or intentionally false statement or entry in a record kept under 49 CFR Part 1552 is prohibited by 49 CFR 1552.19; knowingly making a materially false statement to a federal agency is punishable under 18 U.S.C. § 1001; and civil penalties may be assessed under 49 U.S.C. § 46301. Violation of this Section 8 may result in immediate removal, a permanent ban, voiding of any records created, charges to you and your Sponsor, and referral to the FAA, TSA, DHS, or law enforcement.

8.5 Cross-references and record retention

This Section supplements Jaybird’s Simulator Use Policy and Identity & Flight Training Disclosure, which are incorporated by reference and control in the event of any conflict on compliance matters. You consent to Jaybird retaining this Waiver, your visitor record, and any identity or compliance documentation you provide for at least five (5) years, and longer where required by law, regulation, audit, or legal hold.

8.6 No regulatory reliance; compliance indemnity

Jaybird’s permission to enter, or its check of any document, is not legal, immigration, or regulatory advice and is not a determination that you satisfy FAA, TSA, or immigration requirements. You will indemnify and hold harmless the Released Parties from all claims, fines, penalties, and expenses arising from false or incomplete information you provide or from unauthorized training activity you request, accept, or participate in.

9. Equipment damage; joint and several responsibility

You are responsible for physical loss and damage to Jaybird and partner equipment, furnishings, fixtures, and premises caused by your misuse, negligence, recklessness, unauthorized operation or modification, prohibited food or liquids, intentional acts, or failure to follow rules or staff instructions. You agree to pay reasonable documented costs to repair or replace damaged items, together with loss-of-use charges for the period a device is out of service, in accordance with Jaybird’s Equipment Damage Policy. Normal wear and tear is not chargeable.

Your liability and your Sponsor’s liability for the same damage are joint and several. Jaybird may pursue you, your Sponsor, or both, in any order and in any proportion, until the full amount is recovered, and may charge the payment method on file for your Sponsor’s account. Jaybird’s recovery from your Sponsor does not release you, and your Sponsor is subrogated to Jaybird’s rights against you to the extent your Sponsor pays. Any allocation of responsibility between you and your Sponsor is a matter between you and does not affect Jaybird.

You are responsible for your own personal belongings. Jaybird is not responsible for theft, loss, or damage to personal property except where prohibited by law.

10. Medical fitness; impairment; emergency treatment

10.1 Fitness representation

You represent that you are medically and physically fit to participate in the Activities, or that you have obtained clearance from a licensed physician where appropriate. You agree to disclose relevant conditions before participating, including without limitation: pregnancy; epilepsy, seizure disorders, or photosensitivity; cardiovascular disease; balance or vestibular disorders; recent surgery; back or neck injury; motion sensitivity; vision impairment not corrected by prescribed lenses; psychiatric conditions affecting judgment; and medications that impair coordination, alertness, or judgment.

10.2 Motion and VR eligibility

Use of motion platforms, restraint-equipped seats, and VR/AR headsets is subject to minimum age, height, weight, and physical-capability limits as posted at the facility and as specified by the manufacturer. Manufacturer limits control, and no staff member or instructor has authority to waive them. Jaybird may refuse or terminate your use of any device if staff reasonably believe a limit is not met.

10.3 Stop rules

If you feel unwell, dizzy, nauseated, disoriented, or in pain at any time, you will stop immediately, notify staff or your Sponsor, and seek medical care as needed.

10.4 Impairment

You will not enter the premises or participate in the Activities while impaired by alcohol, cannabis, illegal drugs, or any substance (including prescription medication) that impairs your ability to operate equipment safely, follow instructions, or exercise sound judgment. Jaybird may refuse or terminate access if staff reasonably believe you are impaired, and may require your Sponsor to arrange your transportation. You assume all risks if you participate while impaired in violation of this Section.

10.5 Emergency treatment consent

You consent to emergency first aid and to emergency medical, hospital, diagnostic, and transport care if Jaybird staff or emergency personnel reasonably believe it is necessary, and you authorize Jaybird to call 911 and summon emergency medical services. You accept financial responsibility for such treatment and transport to the extent not covered by insurance, and you release the Released Parties from any claim arising from a good-faith decision to obtain, or not to obtain, emergency care.

11. Minor guests

A guest or visitor under eighteen (18) years of age may not enter the facility as a participant or use any equipment unless a completed Minor Participation & Guardian Consent Agreement is on file with Jaybird, signed by the minor’s parent or legal guardian, in addition to this Waiver. A member, instructor, school, or event host may not substitute their own consent for a guardian’s.

• A parent or legal guardian must sign this Waiver on the minor’s behalf as well as the Minor Participation & Guardian Consent Agreement
• Minor guests are never issued credentials and may never use unattended or after-hours access
• A minor guest must be under continuous adult supervision at all times
• Where the Minor Participation & Guardian Consent Agreement and this Waiver address the same subject as to a minor, the Minor Participation & Guardian Consent Agreement controls

12. Media and imagery

Jaybird may capture photography and video in common areas for security, operations, and marketing. Jaybird’s Photo, Video & Media Release governs that capture and use and is incorporated by reference.

By entering the premises and participating in the Activities, you grant Jaybird a non-exclusive, royalty-free, worldwide license to use your name, likeness, image, voice, and session footage for promotional purposes on the terms of the Photo, Video & Media Release, unless you opt out.

• You may opt out of identifiable marketing use at any time by notifying Jaybird staff at check-in or by emailing privacy@jaybirdsims.com; where you are the guest of a member, your Sponsor may also record the opt-out through the member portal
• An opt-out applies prospectively; material already published or distributed cannot always be recalled
• Security and operations footage is retained for safety and incident investigation and is not used for marketing without your separate consent
• Where Jaybird collects an identity-verification photograph from you, that photograph is used solely for identity verification under 49 CFR Part 1552, is never used for marketing, and is retained under the five (5) year compliance retention rule
• For a minor guest, the guardian’s media election under the Minor Participation & Guardian Consent Agreement controls

13. Indemnification

You will defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, suits, judgments, awards, settlements, fines, penalties, liens, subrogation claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees, expert fees, and court costs) arising from or related to:

• Your acts or omissions, or those of any person you bring or invite onto the premises
• Your violation of this Waiver, Jaybird policies, posted rules, staff instructions, or applicable law
• Any claim that you caused injury or damage to another person or to Jaybird or partner property
• Any claim arising from your real-world flight, vehicle operation, or training decisions after your visit
• Any claim by, for, or on behalf of a minor for whom you signed this Waiver as parent or legal guardian
• Your violation of Section 7.3 (photography and recording) or Section 8 (flight training and compliance)

This indemnity is independent of and in addition to the release in Section 4, is not conditioned on the enforceability of that release, and survives the completion of your visit.

14. Insurance

Jaybird does not provide health, accident, disability, life, or aviation liability insurance for you. You are solely responsible for maintaining any insurance you deem appropriate. If you are a vendor or contractor, you will maintain the coverage Jaybird requires and will provide a certificate of insurance on request. This Waiver is intended to benefit the Released Parties whether or not they are insured, and whether or not insurance is available or collectible. No Released Party’s insurance is a source of recovery for any claim released or indemnified under this Waiver, and nothing in this Waiver is an admission that insurance exists or applies.

15. Limitation of liability

To the fullest extent permitted by Arizona law, if any claim is not fully barred by this Waiver, the aggregate liability of Jaybird and the Released Parties arising out of or related to your presence at the facility or participation in the Activities 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 Released Parties disclaim indirect, incidental, special, consequential, exemplary, and punitive damages, and lost profits, except where prohibited by law. Some jurisdictions do not allow certain limitations; in those cases these limitations apply to the maximum extent allowed.

16. Simulator disclaimer; no professional advice

Simulator sessions do not constitute flight in an aircraft and do not replicate all operational, environmental, physiological, regulatory, or emergency conditions of real flight. Device classification does not guarantee FAA credit, insurance coverage, or real-world proficiency. Nothing Jaybird or any Released Party provides is legal advice, medical advice, immigration advice, flight instruction, regulatory interpretation, or a substitute for a certificated professional.

You will not rely on simulator performance as proof that you are safe, proficient, or legally authorized to operate an aircraft, vehicle, or equipment in the real world, and you will not attempt maneuvers or procedures in real operations solely because you tried them in a simulator.

17. Duration; refusal of entry; no refund

This Waiver applies to your current visit and to every subsequent visit you make to Jaybird premises as a non-member, unless and until it is superseded by a later version or by your own member agreements. Jaybird may require you to re-sign a current version at any time.

Jaybird may refuse entry to, remove, or permanently ban any guest or visitor at any time, with or without cause, and no refund is due to you or your Sponsor under Jaybird’s No Refund Policy. Removal for cause does not waive amounts due, damage charges, or your indemnity obligations.

18. Third-party beneficiaries

Each Released Party that is not a party to this Waiver is an intended third-party beneficiary of Sections 3, 4, 8.6, 13, 14, and 15 and may enforce those Sections directly. No other person or entity is an intended beneficiary of this Waiver.

19. Disputes; governing law; venue

This Waiver 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, except that Jaybird may seek injunctive or equitable relief in any court of competent jurisdiction.

20. Severability; entire agreement; survival

If any provision of this Waiver is held invalid or unenforceable, that provision shall be reformed and narrowed to the minimum extent necessary to make it enforceable and enforced as reformed; if reformation is not permitted, the provision shall be severed and all remaining provisions remain in full force and effect. A holding that a provision is unenforceable as to one Released Party does not affect its enforceability as to any other Released Party.

This Waiver, together with Jaybird’s Terms of Service, Privacy Policy, No Refund Policy, Liability Waiver and Release, Equipment Damage Policy, Cancellation and No-Show Policy, Simulator Use Policy, Identity & Flight Training Disclosure, Door Access & Facility Security Agreement, Minor Participation & Guardian Consent Agreement, Photo, Video & Media Release, Electronic Communications & E-Sign Consent, Cookie & Tracking Technologies Policy, and Accessibility Statement, constitutes the entire agreement regarding your presence at the facility as a non-member, except where a more specific signed document controls a particular subject matter. If you later become a Jaybird member, the Liability Waiver and Release and Membership Agreement govern your membership, and this Waiver continues to govern the period of your non-member visits.

Sections intended to survive — including assumption of risk (Section 3), release (Section 4), no credentials and escort obligations (Section 6), compliance and training restrictions (Section 8), equipment damage (Section 9), indemnity (Section 13), insurance (Section 14), limitation of liability (Section 15), third-party beneficiaries (Section 18), and governing law and venue (Section 19) — survive the completion of your visit, your removal from the premises, and the expiration or termination of this Waiver.

21. Acknowledgment; electronic signature

You represent that you have read this Waiver in full, that you have had the opportunity to ask questions and to consult an attorney of your choosing, that you understand you are giving up substantial legal rights, including the right to sue for ordinary negligence, and that you sign it voluntarily and not in reliance on any statement not contained in this Waiver.

You further represent that you are eighteen (18) years of age or older — or that you are the parent or legal guardian of a guest under eighteen (18) and have also completed the Minor Participation & Guardian Consent Agreement — and that the identifying information you have provided is true, complete, and current.

By typing your full legal name at check-in, on a visitor kiosk, or in a Jaybird digital form, you intend to sign this Waiver 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. Your electronic signature is legally binding to the same extent as a handwritten signature. Jaybird records the signed name, signature method, date and time, IP address, and device information, and retains an immutable snapshot of the exact document text presented to you at signing, as evidence of your consent.

Questions: support@jaybirdsims.com