Member Simulator Lease & Equipment Use Agreement

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

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

Lessee / Member (“you,” “your”): the individual member, day-pass holder, block-hours purchaser, or session booker who takes possession of Jaybird equipment for a booked session, and, for a corporate plan, the entity and each of its named authorized users.

This Agreement is the equipment lease that applies every time you occupy a Jaybird simulator, training device, or bay. It sits alongside the Membership Agreement, which governs your membership and billing, and it incorporates by reference the Liability Waiver and Release, the Simulator Use Policy, the Identity & Flight Training Disclosure, the Equipment Damage Policy, the Cancellation and No-Show Policy, the Door Access & Facility Security Agreement, the No Refund Policy, the Privacy Policy, and the Terms of Service. Starting a session is your acceptance of this Agreement for that session.

1. What this Agreement is, and what it is not

1.1 A per-session equipment lease and bailment. For each booked session, Jaybird leases to you, and you take temporary custody of, the specific training device, bay, and associated hardware assigned to you (the “Leased Equipment”). You hold the Leased Equipment as a bailee for mutual benefit for the duration of the session only.

1.2 Not a lease of real property. This Agreement does not lease real property to you. It creates no tenancy, no leasehold, no easement, and no possessory interest in the premises, and no landlord-tenant relationship. Jaybird retains full possession and control of the building and every bay, and may enter any bay at any time for any reason.

1.3 Not a sale, option, or security interest. This is a true lease and bailment. It transfers no title, equity, option to purchase, or ownership interest of any kind. It is not a conditional sale and does not create a security interest in your favour.

1.4 Relationship to the Membership Agreement. Your Membership Agreement grants a revocable licence to use the facility and defines your plan, hours, and billing. This Agreement governs your custody of, and responsibility for, the physical equipment during each session. Where the two conflict on equipment custody, care, or return, this Agreement controls.

1.5 Term. The lease term for each session begins when you enter the assigned bay or the device is released to you, whichever is earlier, and ends when you have vacated the bay and Jaybird has resumed control, whichever is later. The term does not extend because you arrived late.

2. Title, ownership, and no encumbrance

2.1 Jaybird’s property. The Leased Equipment is and remains the exclusive personal property of Jaybird or its vendors and licensors. Nothing you do to, with, or on the Leased Equipment gives you any interest in it.

2.2 No liens. You will not create, permit, or suffer any lien, charge, security interest, attachment, or encumbrance on the Leased Equipment. If one arises through you, you will discharge it at your expense within ten (10) days and indemnify Jaybird for any resulting cost.

2.3 No removal. You will not remove any component, cable, peripheral, manual, placard, serial-number tag, or asset label from the premises or from the device.

2.4 Software. Software, scenarios, databases, and documentation are licensed, not sold. You receive no licence beyond operating them as intended during your session. You will not copy, extract, reverse engineer, decompile, benchmark, or record them, and you will not transfer any licence.

3. Conditions precedent to each lease

The lease of the Leased Equipment for any session is expressly conditioned on all of the following being true at the moment the session starts. If any condition fails, no lease arises and Jaybird may refuse or stop the session.

A session Jaybird refuses or stops for a failed condition is treated as a late cancellation caused by you under the Cancellation and No-Show Policy, with no refund and no credit, because Jaybird cannot lawfully or safely deliver it.

4. Permitted use

4.1 Booked classification only. You may use the Leased Equipment only for the purpose recorded in your booking. Jaybird records a session use classification on every booking. You may not deliver or receive flight training under a recreational, self-practice, discovery, demonstration, or event booking.

4.2 Personal use only. The Leased Equipment is for your use. You may not sublease, resell, share, broker, barter, rent out, or transfer your session, your seat, or your access, and you may not use a session to run a business, deliver paid instruction, or provide services to third parties.

4.3 Who may occupy. Only you, an approved instructor, and a person with a signed Guest & Visitor Waiver whom you accompany may occupy the bay. A minor additionally requires the Minor Participation & Guardian Consent Agreement. You remain fully responsible for everyone you bring.

4.4 Instruction. You may not provide or receive instruction, coaching, endorsements, or logbook entries unless the session is booked and approved as training and the instructor is Jaybird-approved. “Informal coaching” and “just flying together” are instruction if they have an instructional purpose.

5. Your duties as bailee

5.1 Inspect before you start. You must inspect the Leased Equipment before use and report any pre-existing damage, fault, contamination, or abnormality to Jaybird before starting. If you do not report it before starting, Jaybird may presume the condition arose during your session.

5.2 Standard of care. You will exercise reasonable care and operate the Leased Equipment only as directed by Jaybird staff, an approved instructor, posted rules, software prompts, and manufacturer guidance.

5.3 Stop and report. If the Leased Equipment behaves abnormally, produces smoke or unusual noise, loses motion control, or presents any hazard, you will stop immediately, leave the device in a safe state, and notify Jaybird or use the posted support channel.

5.4 Return condition. At the end of the session you will return the Leased Equipment in the condition you received it, ordinary wear excepted: controls neutral, motion stowed, power state as instructed, personal items removed, trash removed, and the bay left clean and clear.

5.5 Report on the way out. You must report any damage, spill, or fault that occurred during your session before you leave the premises. Failure to report is itself a breach and carries an additional charge under the Equipment Damage Policy, plus a presumption that you are responsible.

5.6 No overstay. You will vacate the bay at the scheduled end time. Overstaying may incur additional charges and disrupts the next member.

6. Prohibited acts

You will not:

• Bypass, disable, or defeat safety interlocks, restraints, motion limits, or emergency stops
• Modify, calibrate, rewire, or reconfigure hardware, or adjust projector alignment or seat rails
• Install, side-load, patch, or remove software, scenarios, or configuration files
• Connect personal devices, storage media, controllers, or peripherals to Jaybird hardware or networks without written permission
• Bring prohibited food, drink, liquids, aerosols, or smoking or vaping products into a bay
• Exceed posted weight, height, or occupancy limits
• Operate the Leased Equipment while impaired by alcohol, cannabis, controlled substances, or impairing medication
• Record, stream, or photograph proprietary scenarios, software interfaces, other members, staff, or any compliance document
• Use the Leased Equipment for competitive benchmarking, reverse engineering, or content production for resale
• Leave the Leased Equipment unattended in an unsafe or powered-unsafe state
• Allow any unverified or unwaivered person to occupy the seat

Any of these is a material breach and may result in immediate session termination, damage charges, membership suspension or termination without refund, and referral to law enforcement where appropriate.

7. Risk of loss and damage

7.1 Risk during your custody. You bear the risk of loss of, and damage to, the Leased Equipment during your session, except for loss or damage caused solely by a Protected Party’s gross negligence or willful misconduct, or by ordinary wear and tear.

7.2 Charges. Charges are assessed under the Equipment Damage Policy, which governs classification, estimates, loss-of-use charges, dispute procedure, and collection. You authorize Jaybird to charge your payment method on file.

7.3 Presumption. The member holding the booking during the period in which damage occurred is presumed responsible, rebuttable by competent evidence. Jaybird may rely on access logs, camera footage, software logs, and booking records.

7.4 Joint and several. You, your guests, your students, and any instructor present are jointly and severally liable. Jaybird may pursue any of them and may allocate responsibility based on its documented investigation.

7.5 Security hold. Jaybird may require a security deposit or card authorization hold for high-risk sessions, events, block bookings, and after a prior damage incident.

8. Compliance is a continuing condition of the lease

8.1 Federal aviation-security law. Your right to lease the Leased Equipment is conditioned on continuing compliance with 49 CFR Part 1552 and Jaybird’s compliance policies. Jaybird may suspend all booking and lease rights, without refund, if your compliance lapses — for example, if a document expires, a determination is withdrawn, or a hold is placed on your account.

8.2 Truthfulness. You represent that every identity, citizenship, nationality, immigration-status, and training-purpose statement you have made is true, complete, and current, and you will update it promptly if it changes. A false statement about citizenship can carry a fine or imprisonment under 18 U.S.C. 1001 and 49 U.S.C. 46301 and enforcement action under 49 CFR 1540.103.

8.3 Cooperation. You will present original documents when asked, permit Jaybird to photograph them in person where required, and cooperate with audits and regulator requests. Jaybird retains compliance records for at least five (5) years.

8.4 Outside instructors and schools. If you train with an outside instructor or partner school at Jaybird, that party is the responsible flight training provider and is responsible for verifying your citizenship under its own Independent Instructor & Training Provider Agreement or Simulator Lease & Training Provider Agreement and the TSA Flight Training Security Program Compliance & Flow-Down Addendum. Jaybird’s clearance of you as a member does not clear you as that provider’s student.

9. No warranty; no guarantee of FAA credit

The Leased Equipment is provided “as is” and “as available.” Jaybird disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and does not warrant uninterrupted operation, freedom from defects, availability of a specific device, or fidelity to any particular aircraft.

Jaybird makes no representation or warranty that any session is creditable toward an FAA certificate, rating, currency, flight review, or instrument proficiency check. Creditability depends on the device’s approval status, any applicable Letter of Authorization, the instructor, and the applicable regulation. Confirming creditability is your responsibility.

Simulator time is not flight in an aircraft and does not replicate all real-world conditions. You will not treat simulator performance as proof that you are safe, proficient, or legal to operate an aircraft in the real world.

10. Insurance

Jaybird does not provide health, disability, life, property, or aviation liability insurance for you, your guests, or your students. Jaybird’s policies are not for your benefit and you are not a third-party beneficiary of them.

You are responsible for any insurance you consider appropriate. If your homeowner, renter, or aviation policy pays Jaybird for damage you caused, you assign your subrogation rights to Jaybird to the extent of that payment and will cooperate with recovery.

11. Indemnification

You will defend, indemnify, and hold harmless the Protected Parties from and against all third-party claims, damages, losses, liabilities, and expenses — including reasonable attorneys’ fees and costs — arising out of or relating to:

• Your use or custody of the Leased Equipment
• Any act or omission of you, your guests, your students, or anyone you bring
• Your breach of this Agreement or any incorporated policy
• Any false or incomplete compliance information you provide
• Any real-world flight, vehicle, or operational decision you make after using the Leased Equipment
• Your violation of any law or regulation

“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.

This indemnity survives the end of your session and the termination of your membership.

12. Limitation of liability

To the fullest extent permitted by Arizona law, the aggregate liability of Jaybird and the Protected Parties arising out of or relating to this Agreement or the Leased Equipment shall not exceed the greater of (a) the amounts you paid Jaybird in the three (3) months preceding the claim, or (b) 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. Some jurisdictions do not allow certain limitations; in those cases the limitations apply to the maximum extent allowed.

The Liability Waiver and Release governs assumption of risk and release for bodily injury and controls over this Section on that subject.

13. Suspension, termination, and repossession

Jaybird may end any session immediately and require you to vacate the bay for a safety, compliance, conduct, payment, or equipment reason. Jaybird may suspend or revoke your lease rights, door credentials, and bookings at any time for the same reasons.

Ending a session or suspending lease rights does not entitle you to a refund or credit. Jaybird’s No Refund Policy applies.

If you fail to return or vacate the Leased Equipment on demand, Jaybird may take possession immediately without notice and without liability, and may recover its costs of doing so.

14. Governing law and venue

This Agreement is governed by the laws of the State of Arizona, without regard to conflict-of-law rules. The parties 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. Any arbitration provision in the Terms of Service applies to disputes under this Agreement.

15. Severability; entire agreement; survival

If any provision is held invalid or unenforceable, it will be reformed to the maximum enforceable extent and the remaining provisions stay in full force.

This Agreement, together with the documents it incorporates, is the entire agreement regarding your custody and use of Jaybird equipment. Sections 2, 5.5, 7, 8, 10, 11, 12, 14, and this Section survive the end of each session and the termination of your membership.

16. Electronic signature and acceptance

By typing your full legal name, drawing a signature, or clicking to accept in the Jaybird portal, you sign this Agreement electronically under the 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.

Each session you start re-affirms this Agreement for that session, under the version in effect at that time.

Jaybird retains an immutable snapshot of the exact text shown to you at signing, together with the timestamp, IP address, and device information.

Questions: support@jaybirdsims.com