Photo, Video & Media 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 (“Subject,” “you,” “your”): the individual signing this Release, and if applicable, the parent or legal guardian signing on behalf of a minor.

This Photo, Video & Media Release (“Release”) explains the three distinct ways images and recordings are captured at Jaybird — security and operations footage, compliance photographs, and marketing capture — and sets out the rights you grant, the rights Jaybird does not claim, and how you opt out. It supplements Jaybird’s Terms of Service, Privacy Policy, Cookie & Tracking Technologies Policy, Liability Waiver and Release, Simulator Use Policy, Identity & Flight Training Disclosure, Guest & Visitor Waiver, and Minor Participation & Guardian Consent Agreement, each of which is incorporated by reference. The three capture contexts are governed by different rules and are not interchangeable.

1. Definitions

“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.

“Media” means any photograph, still image, video, film, motion picture, audio recording, voice recording, screen recording, live or recorded stream, simulator session footage, cockpit or bay camera footage, screen capture, telemetry and flight-track data, scenario replay, score or performance data, written or recorded testimonial or quotation, social media handle or username, first name and last initial, and any derivative, edit, excerpt, composite, thumbnail, caption, or adaptation of any of the foregoing.

“Marketing Use” means use of Media to advertise, promote, market, publicize, illustrate, or describe Jaybird, its facilities, equipment, instructors, partners, programs, events, or services, including in advertising, websites, landing pages, email and SMS campaigns, social media, video platforms, streaming and connected-TV placements, printed collateral, signage, trade show and event materials, press and editorial submissions, investor and partner materials, training and instructional content, and case studies.

“Security Footage” means video, images, and access-control records captured by Jaybird’s cameras, alarms, door controllers, and monitoring systems for safety, security, and operational purposes.

“Compliance Photograph” means the onboarding selfie and the in-person check-in photograph Jaybird collects to verify your identity under federal flight training security requirements.

“Member-Captured Content” means Media that you, rather than Jaybird, capture, record, or stream while on Jaybird premises.

2. Grant of rights for Marketing Use

Subject to Sections 4, 5, 8, and 9, you grant to Jaybird and its designees an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to record, capture, reproduce, edit, alter, crop, retouch, colorize, composite, caption, subtitle, translate, excerpt, combine with other material, publish, display, perform, distribute, transmit, broadcast, stream, syndicate, and otherwise use your name, likeness, image, photograph, portrait, silhouette, voice, statements, testimonials, simulator session footage, telemetry and performance data, social media handle, and biographical descriptors — in whole or in part, alone or with other content, with or without attribution, and with or without your name — in any and all media and formats now known or hereafter developed, throughout the world, in perpetuity, for Marketing Use.

This grant includes the right to:

• Sublicense and assign these rights to Jaybird’s agencies, contractors, production partners, platforms, distributors, partner flight schools and training providers (including DSA and affiliated schools where applicable), and successors in interest
• Use the Media in paid advertising, including boosted social posts, search and display advertising, and connected-TV placements
• Modify and adapt the Media for format, length, resolution, aspect ratio, accessibility, and platform requirements
• Use the Media without further notice to you, without further approval, and without compensation
• Continue using Media created before any opt-out, subject to Section 8

You represent and warrant that you have the full right and authority to grant this license, that doing so does not breach any agreement with any employer, school, union, agency, sponsor, or third party, and that any statement or testimonial you provide is your own genuine opinion and is truthful.

3. Waiver of inspection, approval, and related claims

You irrevocably waive any right to inspect or approve the Media, any finished product, any copy, caption, or text that may accompany the Media, or any use to which the Media is put, whether or not you or another person may claim the use is objectionable, unflattering, or inaccurate.

To the fullest extent permitted by Arizona law, you release, waive, discharge, and covenant not to sue the Protected Parties from any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, and expenses of every kind, whether now known or unknown, arising out of or related to the capture or permitted use of the Media, including without limitation claims for:

• Defamation, libel, slander, or disparagement
• False light or portrayal in a false or misleading context
• Invasion of privacy, intrusion upon seclusion, or public disclosure of private facts
• Right of publicity, misappropriation of name or likeness, or unauthorized commercial use
• Copyright, moral rights, or droit moral in your appearance, performance, statements, or contributions, all of which you waive to the extent permitted by law
• Emotional distress, embarrassment, humiliation, or reputational harm arising from a permitted use
• Blurring, distortion, alteration, optical illusion, digital manipulation, editing, cropping, or use in composite form, whether intentional or otherwise
• Any claim for compensation, royalty, residual, or accounting in respect of any use

This waiver does not extend to claims arising from a Protected Party’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction, and does not waive any right that cannot be waived as a matter of law.

4. No compensation; consideration

You will not receive, and are not entitled to, any payment, royalty, residual, credit, or other compensation of any kind for the capture, use, reuse, sublicensing, or distribution of the Media, now or at any time in the future.

You acknowledge that the consideration for this Release is Jaybird’s grant of access to the facility, equipment, and services, together with the opportunity to participate in the Activities and any programs, events, or promotions in which you choose to take part, and that this consideration is good, valuable, and sufficient. You are not an employee, contractor, joint venturer, partner, or agent of Jaybird by reason of this Release, and no talent, model, or performance relationship is created.

5. The three capture contexts

Jaybird captures imagery in three distinct contexts with different purposes, different legal bases, different retention rules, and different consent mechanics. They are never merged, and a photograph collected in one context is never repurposed into another without the separate consent this Release requires.

5.1 Security and operations footage

Jaybird operates cameras and access-control systems in common areas, entries, corridors, simulator bays, and parking areas. This footage is captured for safety, security, incident investigation, access-control verification, equipment-damage assessment, and dispute resolution. You acknowledge and agree that:

• Security Footage is never used for Marketing Use without your separate, specific, written consent, and this Release does not grant that consent
• Security Footage is retention-limited and is overwritten on a routine cycle in the ordinary course, except where a segment is preserved for an incident report, insurance claim, damage assessment, regulatory request, litigation hold, or law-enforcement request
• Jaybird may review, export, and disclose Security Footage to insurers, counsel, partner schools, regulators, and law enforcement as reasonably necessary for those purposes
• Jaybird does not guarantee that any camera is operating, recording, monitored in real time, or that footage of any particular event exists or has been retained; cameras are not a security service and do not create a duty to protect
• Jaybird does not provide copies of Security Footage on request except where required by law or legal process, and may condition production on a subpoena or court order

5.2 Compliance photographs

Where you seek or receive flight training, Jaybird collects a Compliance Photograph — the onboarding selfie and the in-person check-in photograph — for the sole purpose of verifying that the person present at the device is the person whose identity and citizenship were verified under the TSA Flight Training Security Program, 49 CFR Part 1552, and Jaybird’s Identity & Flight Training Disclosure. You acknowledge and agree that:

• Compliance Photographs are used exclusively for identity verification and related compliance record-keeping, and are never used for Marketing Use, testimonials, social media, or any promotional purpose
• Compliance Photographs are reviewed by trained Jaybird personnel by eye; they are not submitted to facial-recognition matching, automated face identification, or automated one-to-many searching, and Jaybird does not use them to build, train, or improve any face-recognition model
• Compliance Photographs are not sold, leased, traded, or otherwise profited from, and are disclosed only to regulators, auditors, partner training providers, insurers, and counsel as required for compliance, audit, or legal process, or as you direct in writing
• Compliance Photographs and the associated compliance records are retained for at least five (5) years, and longer where required by law, regulation, audit, or legal hold, consistent with Jaybird’s compliance record-retention rule
• The marketing opt-out in Section 8 does not apply to Compliance Photographs, because they are not marketing material; you may not opt out of compliance photography and continue to receive covered flight training
• Refusing or withdrawing a Compliance Photograph will end your eligibility for covered flight training but does not by itself end your membership

5.3 Marketing capture

Marketing capture is planned, purposeful, and consent-driven. Jaybird may bring cameras, phones, lighting, drones (outdoors only and where lawful), and production crews into the facility for shoots, may capture candid content during events and open houses, and may record simulator sessions, telemetry, and testimonials.

• Your marketing preference is set in the member portal and may be changed at any time
• Where you have opted in, the license in Section 2 applies in full
• Where you have opted out, Jaybird will not knowingly use Media in which you are identifiable for Marketing Use, and will make commercially reasonable efforts to exclude you from new capture, to frame or crop around you, or to blur or de-identify you
• Jaybird will make reasonable efforts to give advance notice of scheduled shoots by posted signage, portal notice, or email, so that you may reschedule your session or ask to be excluded
• De-identified imagery — in which no individual is reasonably identifiable, such as wide facility shots, equipment close-ups, silhouettes, hands-on-controls shots, and imagery in which faces are not recognizable — may be used for Marketing Use regardless of your election, and you agree that such use is not a use of your likeness
• Jaybird will not publish your home address, telephone number, email address, date of birth, government-issued identification, citizenship documentation, medical information, payment information, or compliance records in any Marketing Use

6. Biometric information: Illinois BIPA and Texas CUBI

Jaybird provides this Section, and requests your written consent to it, in order to comply with the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), the Texas Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code § 503.001 (“CUBI”), and comparable biometric-privacy laws, and to be transparent with every member and guest regardless of residence.

6.1 What Jaybird does and does not do

• Jaybird collects and stores photographs — the onboarding selfie, the in-person check-in photograph, and, where you opt in, marketing imagery
• Jaybird stores photographs for human review. Identity verification at Jaybird is performed by a trained person comparing a photograph to a presented government-issued document and to the person standing at the counter
• Jaybird does not create, capture, generate, derive, extract, purchase, receive through trade, or otherwise obtain a biometric identifier or biometric template from any photograph. Jaybird does not produce a faceprint, face geometry scan, face embedding, facial vector, retina or iris scan, voiceprint, fingerprint, hand scan, or scan of hand or face geometry, and does not derive biometric information from any such identifier
• Jaybird does not perform facial recognition, automated face matching, one-to-many face searching, face clustering, emotion or demographic inference from faces, or liveness-detection biometric analysis, and does not use your images to train, tune, fine-tune, benchmark, or evaluate any biometric or machine-learning model
• Jaybird does not sell, lease, trade, or otherwise profit from your photographs or from any biometric identifier or biometric information

6.2 If that ever changes

If Jaybird ever intends to collect, capture, or use a biometric identifier or biometric information as those terms are defined by BIPA or CUBI — for example, by deploying facial recognition for door access or check-in — Jaybird will, before doing so: (a) notify you in writing of the specific data to be collected, (b) state the specific purpose and the length of term for which it will be collected, stored, and used, (c) obtain your separate written release or consent for that use, and (d) publish the applicable retention schedule and destruction guidelines. Your signature on this Release is not consent to any such future collection.

6.3 Written consent

You consent, in writing, to Jaybird’s collection, storage, and use of your photographs as described in this Release, for the purposes stated, for the retention periods stated in Section 7, and to disclosure only as described in Sections 5.1, 5.2, and 10. You may withdraw this consent as to marketing photographs at any time under Section 8. You may withdraw consent as to Compliance Photographs only by ending your eligibility for covered flight training, and withdrawal does not shorten the five (5) year compliance retention period.

6.4 Disclosure limits

Jaybird will not disclose, redisclose, or otherwise disseminate your photographs, or any biometric identifier or biometric information Jaybird may ever hold, unless: (a) you consent; (b) disclosure completes a transaction you requested or authorized; (c) disclosure is required by federal, state, or municipal law or regulation, including 49 CFR Part 1552; or (d) disclosure is required by a valid warrant or subpoena.

7. Retention and destruction schedule

Jaybird retains imagery only as long as necessary for the purpose for which it was collected, and destroys it on the schedule below. Where an item is subject to a legal hold, insurance claim, regulatory request, audit, or pending dispute, retention is extended until the hold is released.

8. Opt-out, removal requests, and the honest limits of recall

8.1 How to opt out

You may opt out of identifiable Marketing Use at any time and for any reason:

• Member portal — change your media preference in your account settings; this is the fastest and best-evidenced method
• Email — write to privacy@jaybirdsims.com with your name, account email, and a description or link to the material
• In person — tell any Jaybird staff member at check-in, and Jaybird will record the election in your account

Jaybird will acknowledge your request and will act on it promptly. An opt-out is prospective: it stops new capture and stops Jaybird’s further distribution of existing material within Jaybird’s reasonable control.

8.2 What Jaybird will do

Upon a validated opt-out or removal request, Jaybird will:

• Stop new capture of you for Marketing Use and flag your account so staff and production crews are notified
• Remove or replace identifiable material on Jaybird-controlled surfaces — the Jaybird website, member portal, Jaybird-owned social accounts, and Jaybird email templates — within a commercially reasonable period
• Withdraw material from active paid campaigns at the next practical campaign cycle
• Instruct agencies, contractors, and partners under Jaybird’s control to cease further distribution
• Not create new derivative works from the material

8.3 What Jaybird cannot promise

You acknowledge, and Jaybird states plainly, that already-published or distributed material cannot always be recalled. Specifically, Jaybird cannot guarantee removal of, and has no obligation and often no ability to remove:

• Printed material already produced, distributed, mailed, or installed — brochures, banners, signage, trade-show displays, vehicle wraps, and event collateral
• Content already reshared, screenshotted, downloaded, duplicated, embedded, stitched, remixed, or reposted by third parties, including other members, press, partners, influencers, and members of the public
• Search-engine caches, web archives, and content-delivery caches, which Jaybird does not operate
• Platform copies and algorithmic derivatives retained by social and video platforms after Jaybird deletes a post
• Press, editorial, and third-party publications that lawfully used material Jaybird provided while your consent was in effect
• Material lawfully licensed or sublicensed to a third party before your opt-out, for the remaining term of that license

The license granted in Section 2 is irrevocable as to uses made, licensed, or materially committed to before your opt-out, and the release in Section 3 survives your opt-out as to those uses. Jaybird will not, however, initiate new identifiable Marketing Use of you after a validated opt-out.

8.4 No penalty

Opting out of Marketing Use does not affect your membership, pricing, booking priority, access rights, instructor availability, or standing with Jaybird in any way. Jaybird will not condition any benefit on your media election. Compliance Photographs and Security Footage are outside the opt-out for the reasons stated in Sections 5.1 and 5.2.

9. Minors

No Media of a person under eighteen (18) years of age is used for Marketing Use without the written consent of that person’s parent or legal guardian.

• A parent or legal guardian must sign the Minor Participation & Guardian Consent Agreement, which contains the guardian’s media election, and must sign this Release on the minor’s behalf where Jaybird requires it
• The guardian may opt the minor out separately from the guardian’s own election, at any time, through the member portal or by emailing privacy@jaybirdsims.com; the minor’s election is independent of the guardian’s
• Jaybird will not publish a minor’s full name, age, school, team, home address, telephone number, or email address, and will not tag a minor by name on any platform
• Jaybird will not knowingly collect personal information online directly from a child under thirteen (13) without verifiable parental consent as required by the Children’s Online Privacy Protection Act (COPPA); all information about such a child is provided by the guardian and maintained under the guardian’s account
• Compliance Photographs of a minor are treated exactly as described in Section 5.2 — identity verification only, never marketing, never facial-recognition matched, and retained under the five (5) year rule; a minor receiving flight training is a candidate under 49 CFR Part 1552 and is not exempt by reason of age
• Upon reaching the age of majority, the individual may make their own media election in their own name, and may opt out under Section 8 on the same terms as any adult

10. Third-party platforms

Jaybird distributes Marketing Media on third-party platforms — including social networks, video and streaming services, advertising networks, review sites, app stores, press outlets, and partner websites. You acknowledge and agree that:

• Your grant in Section 2 expressly covers use of the Media on those platforms
• Your Media becomes subject to each platform’s own terms of service, privacy policy, and content licenses, which typically grant the platform broad rights to host, reproduce, adapt, and sublicense content posted to it
• Jaybird does not control those platforms and cannot control, direct, limit, audit, or reverse a platform’s further use, retention, caching, indexing, recommendation, syndication, or licensing of content, nor a platform’s use of content for advertising, analytics, or model training under its own terms
• Jaybird is not responsible for a platform’s acts or omissions, for third-party comments or reactions to content, or for content that third parties copy, download, remix, or repost from a platform
• If you want material removed from a platform after Jaybird has deleted its own post, you may need to contact that platform directly, and Jaybird will provide reasonable information to help you do so
• Jaybird does not endorse, and is not responsible for, platform advertising displayed alongside Jaybird content

11. Member-captured content

Jaybird is a facility where other members’ faces, screens, training records, and compliance documents are visible. If you capture Media on the premises, the following rules apply and are a condition of your access.

11.1 Consent from others is mandatory

• You may record yourself and your own party in your own bay or in areas where recording is permitted
• You must obtain the express, contemporaneous consent of every other identifiable member, guest, staff member, instructor, or contractor before photographing, recording, or streaming them, and you must stop immediately if anyone asks
• You must honor another person’s stated media opt-out, including by deleting material on request
• Recording in restrooms, changing areas, or any place where a person has a reasonable expectation of privacy is strictly prohibited and may be a criminal offense

11.2 What you may never capture

You will not photograph, record, capture, transmit, or publish:

• Any identity or citizenship document, compliance record, FTSP documentation, training record, logbook, or medical certificate belonging to any person other than yourself
• Any check-in kiosk, portal screen, staff workstation, or display showing another person’s personal, payment, health, or compliance information
• Any access-control keypad, PIN entry, door hardware, alarm panel, camera placement, lock, or security configuration
• Any conflict, dispute, disciplinary conversation, medical incident, injury, or emergency response involving staff, members, or guests — you may not record such an interaction for publication, and you may not publish one if incidentally captured
• Any proprietary Jaybird or vendor material, including scenario configurations, curricula, pricing sheets not published publicly, network topology, or software licensing screens

11.3 Streaming and commercial capture

Livestreaming from inside the facility, commercial photography or videography, professional crews, tripods, lighting rigs, gimbals, and any capture for a commercial, sponsored, monetized, or branded purpose require Jaybird’s prior written approval. Jaybird may condition approval on scheduling, staff supervision, insurance, additional consents from affected members, and a separate agreement. Unapproved commercial capture is a material breach.

11.4 License back to Jaybird

For any Member-Captured Content that you tag, mention, or attribute to Jaybird, submit to Jaybird, post using a Jaybird hashtag or handle, or publish about your Jaybird experience, you grant Jaybird a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to reproduce, adapt, excerpt, caption, repost, share, display, and distribute that content for Marketing Use, with attribution to your handle where reasonable, for the duration of your relationship with Jaybird and a reasonable archive period thereafter.

You represent and warrant that you own or control all rights in the content you submit or tag, that you have obtained every consent required from every identifiable person in it, that the content contains no third-party music, footage, trademark, or other material you are not licensed to share, and that the content is truthful and complies with Sections 11.1 and 11.2. You will defend, indemnify, and hold harmless the Protected Parties from any claim arising from your Member-Captured Content, including claims by persons appearing in it and claims of infringement.

Jaybird has no obligation to use, retain, credit, or preserve any submitted content, and may remove, decline, or stop using any content at any time for any reason.

11.5 Enforcement

Violation of this Section 11 may result in a requirement to delete material immediately, suspension or termination of membership or access without refund under the No Refund Policy, charges under the Equipment Damage Policy where applicable, and referral to law enforcement. Jaybird may also require you to issue a takedown of published material that violates this Section.

12. Indemnification and limitation of liability

You will defend, indemnify, and hold harmless the Protected Parties from and against any and all claims, demands, suits, judgments, settlements, fines, penalties, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising from or related to: your breach of any representation or warranty in this Release; your Member-Captured Content; your failure to obtain a required consent from another person; your violation of Section 11.2; or any claim by a third party that Jaybird’s permitted use of Media you provided or authorized infringes or violates that party’s rights.

To the fullest extent permitted by Arizona law, if any claim relating to this Release is not fully barred, the aggregate liability of Jaybird and the Protected Parties arising out of or related to this Release 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, except where prohibited by law.

13. Ownership; no obligation to use

Jaybird owns all Media it captures, together with all copyrights and other intellectual property rights in it, including all edits, derivatives, and composites. This Release grants you no ownership interest in any Media, and no right to use Jaybird’s name, logo, trademarks, footage, scenarios, or marketing material except as Jaybird expressly authorizes in writing.

Jaybird has no obligation to capture, use, publish, retain, archive, credit, or provide you with a copy of any Media. Where Jaybird makes session footage or telemetry available to you as a member benefit, that availability is not guaranteed, may be discontinued at any time, and is subject to the Terms of Service.

14. Privacy

Jaybird’s Privacy Policy and Cookie & Tracking Technologies Policy describe how Jaybird collects, uses, retains, discloses, and secures personal information, including images, and describe the rights available to you. Where those documents and this Release address the same subject, this Release controls as to the capture and use of Media, and the Privacy Policy controls as to all other personal information. Privacy questions and rights requests: privacy@jaybirdsims.com.

15. Third-party beneficiaries

Each Protected Party that is not a party to this Release is an intended third-party beneficiary of Sections 2, 3, 4, and 12 and may enforce those Sections directly. No other person or entity is an intended beneficiary of this Release.

16. Disputes; governing law; venue

This Release 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.

17. Severability; entire agreement; survival

If any provision of this Release 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 Protected Party does not affect its enforceability as to any other Protected Party. In particular, a holding that any part of Section 6 is unenforceable does not affect Sections 2, 3, 5, or 8.

This Release, 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, Door Access & Facility Security Agreement, Minor Participation & Guardian Consent Agreement, Guest & Visitor Waiver, Electronic Communications & E-Sign Consent, Cookie & Tracking Technologies Policy, and Accessibility Statement, constitutes the entire agreement regarding photography, video, audio, and media at Jaybird, and supersedes any prior media consent you gave, except where a more specific signed document controls a particular subject matter.

Sections intended to survive — including the license grant (Section 2), waiver and release (Section 3), no compensation (Section 4), compliance photograph handling and retention (Sections 5.2 and 7), biometric consent and disclosure limits (Section 6), the irrevocability of pre-opt-out uses (Section 8.3), indemnity and limitation of liability (Section 12), ownership (Section 13), third-party beneficiaries (Section 15), and governing law and venue (Section 16) — survive your opt-out, the termination of your membership, the completion of your visit, and the expiration or termination of this Release.

18. Acknowledgment; electronic signature

You represent that you have read this Release in full, that you understand the three capture contexts and that they are governed by different rules, that you understand you are granting an irrevocable, perpetual, worldwide, royalty-free license and waiving substantial legal rights, including any right to inspect or approve and any claim for defamation, false light, invasion of privacy, or right of publicity arising from permitted use, that you understand you will receive no compensation, that you understand already-published material cannot always be recalled, and that you sign voluntarily and not in reliance on any statement not contained in this Release.

You further represent that you are eighteen (18) years of age or older, or that you are the parent or legal guardian signing on behalf of a minor with full legal authority to do so and to make the minor’s media election.

By typing your full legal name during onboarding, check-in, or checkout — or by setting your media preference in the member portal — you sign this Release and give your written consent under Section 6.3 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, and a written electronic record satisfies any requirement that consent be “written” under BIPA, CUBI, or comparable law. 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