Minor Participation & Guardian Consent Agreement

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 (“Guardian,” “you,” “your”): the parent or legal guardian who signs this Agreement on behalf of a person under eighteen (18) years of age (the “Minor”) and who signs, separately and in the Guardian’s own individual capacity, as a releasing and indemnifying party.

This Minor Participation & Guardian Consent Agreement (“Agreement”) is required before any person under eighteen (18) years of age may enter Jaybird premises as a participant, use any Jaybird simulator, training device, motion platform, golf bay, headset, or other equipment, receive instruction, or take part in any Jaybird event or program. It supplements and does not replace 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, Photo, Video & Media Release, and Electronic Communications & E-Sign Consent, each of which is incorporated by reference. If you do not agree to this Agreement in full, the Minor may not enter the facility or use any equipment.

1. Definitions

“Activities” means any presence at or use of Jaybird facilities or services by the Minor, 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; instruction (if booked and approved); events, camps, tours, and demonstrations; 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.

“Minor” means the individual under eighteen (18) years of age identified in the Jaybird onboarding record to which this Agreement is attached.

“Supervising Adult” means the Guardian or an adult eighteen (18) years of age or older whom the Guardian has designated in writing to Jaybird and who is physically present and responsible for the Minor during the Activities.

“Claims” means any and all liability, claims, demands, actions, causes of action, suits, damages, losses, costs, and expenses of every kind, whether known or unknown, whether in contract, tort, statute, equity, or otherwise, and including claims for personal injury, illness, emotional distress, death, property damage, medical and funeral expenses, loss of services, loss of consortium, and wrongful death.

2. Guardian authority; representation and warranty

2.1 Representation of authority

You represent and warrant that you are the parent or legal guardian of the Minor and that you possess full legal authority under Arizona law, including A.R.S. § 12-2451, or under the law of the Minor’s domicile, to make decisions concerning the Minor’s care, custody, activities, medical treatment, personal information, and legal affairs, and to enter into this Agreement on the Minor’s behalf and to bind the Minor to the fullest extent the law permits.

2.2 Separated, divorced, and shared-custody guardians

If you are separated, divorced, or share legal decision-making authority with any other parent, guardian, custodian, conservator, or agency, you further represent and warrant that:

• You hold sole or joint legal decision-making authority sufficient to authorize the Minor’s participation in the Activities
• No court order, parenting plan, custody decree, protective order, or agency directive prohibits or restricts the Minor’s participation, the Minor’s presence at the facility, or your execution of this Agreement
• You have obtained any consent from any co-parent, co-guardian, custodian, or agency that is required for the Minor’s participation
• You will notify Jaybird immediately in writing at support@jaybirdsims.com if any of the foregoing ceases to be true

2.3 Independent indemnity for defective authority

If any representation in this Section 2 is inaccurate, incomplete, or ceases to be true, you will defend, indemnify, and hold harmless the Released Parties from and against all Claims, fines, penalties, judgments, settlements, and expenses (including reasonable attorneys’ fees and costs) arising from or related to the inaccuracy, including Claims brought by a co-parent, co-guardian, custodian, agency, or the Minor. This indemnity is independent of, and not conditioned upon, the enforceability of any release in this Agreement.

2.4 Reliance

You acknowledge that Jaybird relies on your representations of authority in permitting the Minor to enter the facility and participate in the Activities, and that Jaybird would not permit the Minor’s participation absent those representations.

3. Supervision, age thresholds, and equipment eligibility

3.1 Adult supervision required

The Minor must be under the continuous supervision of a Supervising Adult while on Jaybird premises, except where Jaybird has expressly approved a specific supervised program, camp, or instructional session in writing and Jaybird staff or an approved instructor is directly supervising the Minor for the duration of that session.

3.2 No door credentials; no unattended or after-hours access

Minors may not be issued door PINs, access codes, mobile credentials, fobs, or any other entry credential, and minors may not use unattended access or after-hours access under any circumstances, whether alone or in the company of another minor. A Minor may enter only while a Supervising Adult or authorized Jaybird staff member is present and the facility is open to the Minor’s session. Any attempt to give a Minor credential access, to allow a Minor to tailgate through a controlled door, or to leave a Minor in the facility unattended is a material breach of this Agreement and of the Door Access & Facility Security Agreement, and may result in immediate termination of access without refund.

3.3 Minimum age, height, and weight limits

Access to motion platforms, motion-based aviation training devices, restraint-equipped seats, VR/AR headsets, and certain golf simulator bays is subject to minimum age, height, weight, and physical-capability limits as posted at the facility and as specified by the manufacturer of the device. Manufacturer limits control, and Jaybird staff may impose additional or more restrictive limits in their sole discretion for safety. You agree that:

• The Minor will use only equipment for which the Minor meets all posted and manufacturer-specified limits
• You will truthfully disclose the Minor’s age, height, weight, and any physical limitation when asked
• Jaybird may refuse or terminate the Minor’s use of any device without refund if staff reasonably believe a limit is not met
• No Jaybird staff member, instructor, or partner has authority to waive a manufacturer limit, and any purported waiver is void

3.4 Ratio and program limits

Jaybird may set and enforce supervision ratios, session lengths, bay assignments, and program eligibility for minors, and may modify them at any time for safety or operational reasons.

4. Assumption of risk on behalf of the Minor

4.1 Acknowledgment of inherent 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

4.2 Heightened risks specific to minors and motion equipment

You further acknowledge and specifically assume the following risks, which may present differently and more severely in minors than in adults:

• Motion platforms and motion-based devices may generate accelerations, pitch, roll, heave, and abrupt stops that can cause whiplash, neck and spine injury, head strike, restraint injury, bruising, and ejection from an improperly fitted seat, and a minor’s smaller stature, lighter weight, developing musculoskeletal system, and imperfect fit within adult-sized restraints increase these risks
• A minor may not recognize, articulate, or report the onset of dizziness, nausea, pain, disorientation, or distress in time to prevent injury, and may attempt to continue a session despite symptoms
• VR/AR headsets and immersive projected visuals may trigger photosensitive epileptic seizures, loss of awareness, altered vision, eye or muscle twitching, involuntary movement, disorientation, convulsions, and loss of consciousness in individuals with no prior history of seizures or epilepsy, and photosensitive reactions are more common in children and adolescents
• VR/AR use may cause eye strain, altered depth perception, binocular vision effects, and effects on developing visual systems that are not fully characterized by current research
• Simulator aftereffects — including disorientation, impaired balance, delayed reaction time, reduced hand–eye coordination, altered depth or motion perception, drowsiness, flashbacks, and “sim sickness” — may persist for minutes to hours after a session ends and may impair the Minor’s ability to walk stairs, ride a bicycle, participate in sports, operate a motor vehicle where licensed, or otherwise function safely
• Collision with bay structures, canopies, controls, walls, or other persons while wearing a headset that occludes the Minor’s view of the real environment

4.3 Post-session precautions

You agree that after any motion, VR/AR, or immersive session, the Minor will remain seated or supervised until fully oriented, and that you will not permit the Minor to operate a motor vehicle, bicycle, or other equipment, or to engage in physical activity requiring balance or coordination, until any aftereffects have fully resolved. You accept sole responsibility for evaluating the Minor’s condition before the Minor leaves the facility.

4.4 Express assumption

On behalf of yourself and the Minor, you expressly and voluntarily assume all risks, known and unknown, associated with the Minor’s participation in the Activities, whether arising from the Minor’s own actions, the actions of others, equipment failure, facility conditions, or events beyond anyone’s control, and whether or not caused by the ordinary negligence of any Released Party — except solely for Claims arising from a Released Party’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

5. Guardian’s release of the Guardian’s own claims

In your own individual capacity, and in consideration of the Minor being permitted to enter Jaybird premises and participate in the Activities, you absolutely, irrevocably, and unconditionally release, waive, discharge, and covenant not to sue the Released Parties from and against any and all Claims of your own, of every kind and nature, whether now known or unknown, arising out of or in any way related to the Minor’s presence at the facility or participation in the Activities, including without limitation:

• Your own derivative and independent claims arising from injury to, illness of, or death of the Minor
• Claims for medical, hospital, surgical, rehabilitative, funeral, and burial expenses incurred on the Minor’s behalf
• Claims for loss of the Minor’s services, society, companionship, or consortium
• Claims for your own emotional distress, negligent infliction of emotional distress, bystander distress, or loss of enjoyment of life
• Claims for property damage, economic loss, lost wages, and out-of-pocket expenses
• Claims arising from the ordinary negligence of any Released Party

This release of your own Claims is absolute, is given as a knowing and voluntary relinquishment of substantial legal rights, and applies even if you have not yet discovered the injury, loss, or Claim at the time you sign. It does not extend to Claims arising from a Released Party’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

6. Release of the Minor’s claims to the fullest extent permitted

On behalf of the Minor, and on behalf of the Minor’s heirs, executors, administrators, personal representatives, next friends, guardians ad litem, successors, and assigns, you release, waive, discharge, and covenant not to sue the Released Parties from and against any and all Claims of the Minor arising out of or related to the Minor’s presence at the facility or participation in the Activities, including Claims arising from the ordinary negligence of any Released Party, to the fullest extent permitted by Arizona law.

You further covenant that you will not commence, prosecute, join in, fund, or voluntarily assist any action, suit, or proceeding against any Released Party on the Minor’s behalf — whether as parent, guardian, next friend, guardian ad litem, conservator, personal representative, or in any other representative capacity — arising out of the Activities, except to the extent such a covenant is unenforceable as applied to the Minor’s own Claims.

You acknowledge that Arizona courts may decline to enforce a parent’s pre-injury release of a minor child’s own personal-injury claims. Accordingly, this Section 6 is expressly severable from every other provision of this Agreement, and the enforceability of Sections 5, 7, 8, 9, 11, and 19 does not depend in any respect on the enforceability of this Section 6. If this Section 6 is held unenforceable in whole or in part as to the Minor’s Claims, every other provision — and in particular the Guardian’s independent indemnity in Section 7 — remains in full force and effect.

7. Independent and unconditional guardian indemnity

This Section 7 is a separate, independent, and unconditional obligation of the Guardian in the Guardian’s own individual capacity. It is not a release of the Minor’s Claims, it is not conditioned on the enforceability of Section 6 or of any other release in this Agreement, and it survives any determination that Section 6 is unenforceable in whole or in part.

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, costs, and expenses (including reasonable attorneys’ fees, expert fees, and court costs) that are asserted against, incurred by, or imposed upon any Released Party and that arise out of or relate in any way to:

• The Minor’s presence at Jaybird premises or participation in the Activities
• Any Claim brought by, for, on behalf of, in the name of, or in the right of the Minor, including a Claim brought by the Minor upon reaching the age of majority, by a next friend, guardian ad litem, conservator, personal representative, sibling, other parent, or heir of the Minor, or by any person or entity claiming through or under the Minor
• Any subrogation, reimbursement, or lien claim asserted by a health plan, insurer, medical provider, or governmental payor in connection with the Minor
• The Minor’s acts or omissions, including injury or damage the Minor causes to any person or to Jaybird or partner property
• Your breach of, or any inaccuracy in, any representation, warranty, covenant, or obligation in this Agreement

You will indemnify the Released Parties regardless of whether the underlying Claim is based on the ordinary negligence of a Released Party, and regardless of whether the Minor’s Claim is otherwise valid, meritorious, or successful. This indemnity is not limited by any limitation on your obligation to release the Minor’s Claims, and is not limited by the amount of any insurance you carry. This indemnity does not extend to Claims arising from a Released Party’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

Jaybird may, at its option, tender the defense of any covered Claim to you, and you will assume that defense with counsel reasonably acceptable to Jaybird. Jaybird may participate in the defense at its own expense, and no settlement that imposes any obligation or admission on a Released Party may be entered without that party’s written consent.

This indemnity survives the Minor’s attainment of majority, the completion of the Minor’s visits, the termination of any membership, and the expiration or termination of this Agreement.

8. Savings and reformation

The parties intend this Agreement to be enforced to the maximum extent permitted by Arizona law. Accordingly:

• If any provision, or any word, phrase, clause, sentence, or application of a provision, is held invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall be reformed, narrowed, and construed — as to scope, duration, category of Claim, class of claimant, or otherwise — to the minimum extent necessary to render it valid and enforceable, and shall then be enforced as reformed
• If reformation is not permitted, the offending provision shall be severed and all remaining provisions shall remain in full force and effect, and shall be construed to give effect to the parties’ intent to the greatest extent the law allows
• A holding that a release is unenforceable as to the Minor’s own Claims shall not affect (a) the Guardian’s release of the Guardian’s own Claims under Section 5, (b) the Guardian’s indemnity under Sections 2.3 and 7, (c) the assumption of risk under Section 4, (d) the limitation of liability under Section 19, or (e) the governing law and venue provisions of Section 22
• A holding that a release or indemnity is unenforceable as to one Released Party shall not affect its enforceability as to any other Released Party
• No provision shall be construed against Jaybird by reason of authorship

9. Guardian responsibility for the Minor’s conduct, damage, and compliance

You are fully responsible for the Minor’s conduct at all times on Jaybird premises and for the Minor’s compliance with every Jaybird policy, posted rule, safety briefing, software prompt, bay instruction, and staff or instructor direction.

You agree that:

• You are jointly and severally liable with the Minor for all charges, fees, and damages arising from the Minor’s presence or conduct
• You will pay reasonable documented costs to repair or replace Jaybird or partner equipment damaged by the Minor’s misuse, negligence, recklessness, unauthorized modification, prohibited food or liquids, intentional acts, or failure to follow rules or instructions, in accordance with the Equipment Damage Policy; normal wear and tear is not chargeable
• The Minor will not tamper with, bypass, disable, or modify any restraint, interlock, emergency stop, camera, access control, or safety system
• The Minor will not enter restricted areas, staff areas, mechanical spaces, or another member’s reserved bay
• The Minor will not possess or use alcohol, cannabis, nicotine or vaping products, illegal drugs, weapons, or any impairing substance on the premises, and will not participate in the Activities while impaired by any substance, including prescription medication
• The Minor will not harass, bully, record, photograph, film, or stream other members, guests, staff, or instructors in violation of the Photo, Video & Media Release or the Simulator Use Policy
• Jaybird may refuse, suspend, or terminate the Minor’s access at any time, without refund, for unsafe conduct, rule violations, or any material breach of this Agreement

You are also responsible for the Minor’s personal belongings. Jaybird is not responsible for theft, loss, or damage to personal property except where prohibited by law.

10. Simulator and training device disclaimer

You acknowledge and agree, for yourself and on the Minor’s behalf, that:

• Simulator sessions do not constitute flight in an aircraft and do not replicate all operational, environmental, physiological, regulatory, or emergency conditions of real flight or real-world operations
• Jaybird equipment may be classified as an aviation training device, entertainment device, or other category depending on the unit and session type; device classification does not guarantee FAA credit, insurance coverage, or real-world proficiency
• Software, scenarios, weather, traffic, aircraft systems, G-loading, spatial disorientation, emergency egress, and survivability may differ materially from real operations
• Jaybird does not warrant that any session will meet the Minor’s training, certification, currency, proficiency, or recreational goals
• Nothing Jaybird provides is legal advice, medical advice, regulatory interpretation, or a substitute for a certificated professional

Neither you nor the Minor will rely on simulator performance as evidence that the Minor is safe, proficient, or legally authorized to operate an aircraft, vehicle, or equipment in the real world. You acknowledge that 14 CFR Part 61 establishes minimum-age requirements for FAA pilot certificates and student pilot certificates, that simulator experience does not alter those requirements, and that you are solely responsible for ensuring the Minor does not attempt any real-world operation for which the Minor is not certificated, authorized, and supervised.

11. TSA Flight Training Security Program compliance for minors

11.1 A minor receiving flight training is a candidate

You understand and acknowledge that a person under eighteen (18) years of age who receives flight training is a “candidate” under the TSA Flight Training Security Program, 49 CFR Part 1552 (“FTSP”), and is subject to the same identity and citizenship verification requirements as an adult. Age does not exempt the Minor from FTSP. If the Minor is not a U.S. citizen or U.S. national, additional FTSP requirements may apply — including candidate registration, security threat assessment, and TSA approval — before covered training may begin.

11.2 Guardian obligations

Where the Minor will receive flight training, instruction, certificate or rating training, flight review, currency or proficiency training, or logged dual instruction, you agree to:

• Provide acceptable evidence of the Minor’s citizenship in the form Jaybird specifies (for example, a U.S. passport, birth certificate, Certificate of Citizenship, or other document Jaybird identifies), and to present original documents when requested
• Present the documents in person where Jaybird requires in-person verification, and to be present for that verification
• Attest truthfully to the Minor’s identity, citizenship, nationality, immigration status, and training purpose
• Ensure the session is properly booked and approved as a training session and is not mislabeled as recreational to avoid compliance requirements
• Not permit the Minor to begin covered training until Jaybird confirms that all FTSP requirements for the Minor’s status are complete
• Cooperate with provider identification and record-keeping requirements where the Minor trains with an outside instructor or partner school

A driver’s license, state identification card, or school identification is photo identification only and is not proof of U.S. citizenship.

11.3 False-statement warning

You are warned that providing false or fraudulent information in connection with flight training security requirements is a federal offense. Under 49 CFR 1552.19, no person may make a fraudulent or intentionally false statement, or make or cause to be made any fraudulent or intentionally false entry, in any record or report kept or submitted under Part 1552. 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. Violations may also result in immediate termination of access without refund, voiding of the Minor’s training records, and referral to the FAA, TSA, DHS, or law enforcement.

11.4 Record retention and audit consent

You consent to Jaybird retaining this Agreement, the Minor’s compliance documentation, verification photographs, signed disclosures, and related records for at least five (5) years, and longer where required by law, regulation, audit, or legal hold. You agree to cooperate with Jaybird, partner schools, and regulator audits relating to the Minor’s training access.

11.5 No regulatory reliance

Jaybird’s approval of a session or a document check does not constitute legal, immigration, or regulatory advice and is not a guarantee that the Minor meets all FAA, TSA, or immigration requirements. You remain solely responsible for the Minor’s compliance. You will indemnify and hold harmless the Released Parties from all Claims, fines, penalties, and expenses arising from false or incomplete compliance information you or the Minor provide, or from unauthorized training activity.

12. Medical fitness; emergency treatment authorization

12.1 Fitness representation

You represent that the Minor is 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, before participation, any relevant condition, including without limitation: epilepsy, seizure disorders, or photosensitivity; concussion or head injury history; cardiovascular conditions; balance or vestibular disorders; recent surgery; back, neck, or spine injury; motion sensitivity; vision impairment not corrected by prescribed lenses; developmental, sensory-processing, or psychiatric conditions affecting judgment or communication; allergies; and any medication that impairs coordination, alertness, or judgment.

12.2 Stop rules

You will instruct the Minor to stop immediately and notify a Supervising Adult or staff if the Minor feels unwell, dizzy, nauseated, disoriented, or in pain at any time, and you will ensure the Minor does so. Jaybird staff and approved instructors may end any session at any time for the Minor’s safety, without refund.

12.3 Authorization to consent to treatment

You authorize and consent, in advance, to the administration of first aid and to emergency medical, surgical, dental, hospital, diagnostic, and transport care for the Minor by Jaybird staff, emergency medical services, physicians, hospitals, and other licensed providers, whenever Jaybird staff or emergency personnel reasonably believe such care is necessary and you cannot be reached in time. You authorize Jaybird to call 911, summon emergency medical services, and arrange ambulance transport for the Minor.

You represent that you hold the legal authority to consent to medical treatment for the Minor and that this authorization is given knowingly. You accept full financial responsibility for all 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 for the Minor.

12.4 Health information

You authorize Jaybird to disclose relevant health information you have provided about the Minor to emergency responders and treating providers as reasonably necessary for the Minor’s care.

13. Reachability, drop-off, supervision, and pick-up

You agree that:

• You will remain reachable at the phone number on file for the entire duration of the Minor’s presence at the facility, and will answer or return calls from Jaybird immediately
• You will remain physically on the premises whenever the Minor’s presence is not part of a specific Jaybird program that Jaybird has approved in writing for guardian drop-off, and at all times when the Minor uses motion equipment, unless Jaybird has expressly approved otherwise in writing for a supervised program
• Where drop-off is permitted for an approved program, you will deliver the Minor to, and retrieve the Minor from, a Jaybird staff member and will not leave the Minor at the entrance, in the lounge, in the café, or in the parking area
• You will collect the Minor promptly at the end of the session; Jaybird is not a childcare provider, has no obligation to supervise the Minor before or after a scheduled session, and may charge a late-pickup fee as posted
• If you designate another Supervising Adult, you will identify that adult to Jaybird in writing in advance, that adult must be eighteen (18) years of age or older, and you remain fully responsible for the Minor and for that adult’s conduct and decisions
• If you cannot be reached and the Minor is not collected, Jaybird may take any reasonable action for the Minor’s safety, including contacting your emergency contacts, local law enforcement, or child welfare authorities, and you release the Released Parties from any Claim arising from such action taken in good faith
• The Minor may not be released to any person other than you or a Supervising Adult you have designated in writing, and Jaybird may require photo identification before releasing the Minor

14. Media consent for the Minor; opt-out

Jaybird’s Photo, Video & Media Release governs photography, video, audio, and marketing capture at the facility and is incorporated by reference.

By signing this Agreement, you consent on the Minor’s behalf to Jaybird’s capture and use of the Minor’s name, likeness, image, voice, session footage, and testimonials for Jaybird’s marketing and promotional purposes, on the terms set out in the Photo, Video & Media Release, unless you opt out.

• You may opt out at any time by setting the media preference for the Minor in the member portal or by emailing privacy@jaybirdsims.com
• An opt-out applies prospectively to new marketing capture and to Jaybird’s future distribution of existing material within Jaybird’s reasonable control; material already published, printed, distributed, syndicated, or reshared by third parties cannot always be recalled
• Compliance photographs (the onboarding selfie and the in-person check-in photograph) are collected for identity verification under 49 CFR Part 1552 only, are never used for marketing, and are not subject to the media opt-out
• Security and operations footage is captured for safety, security, and incident investigation and is not used for marketing without your separate written consent
• Jaybird will not knowingly publish the Minor’s full name, school, home address, telephone number, or email address in marketing material

15. Privacy; children’s data; COPPA

Jaybird’s Privacy Policy and Cookie & Tracking Technologies Policy describe how Jaybird collects, uses, retains, and discloses personal information, and are incorporated by reference.

• All personal information about the Minor is provided by you, the Guardian, and you represent that you are authorized to provide it
• Jaybird’s website, member portal, and services are directed to adults and are not directed to children under thirteen (13); Jaybird does not knowingly permit a child under thirteen (13) to create an account, and does 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) and its implementing rule
• Where a Minor under thirteen (13) participates, the Minor’s record is maintained under your account, and your signature on this Agreement constitutes your verifiable parental consent to Jaybird’s collection and use of the Minor’s information for the purposes described in this Agreement and the Privacy Policy
• You may review, request correction of, or request deletion of the Minor’s personal information, and may refuse to permit further collection, by emailing privacy@jaybirdsims.com — except that Jaybird must retain compliance records for at least five (5) years as described in Section 11.4 and may retain records subject to a legal hold, and a deletion request may require Jaybird to end the Minor’s participation
• The Minor should not create an independent account, submit information directly to Jaybird, or communicate with Jaybird outside your supervision

16. Facility rules and prohibited conduct

The Minor must comply with all posted rules, the Simulator Use Policy, the Equipment Damage Policy, the Door Access & Facility Security Agreement (including the prohibition on minor credentials in Section 3.2), and all staff and instructor directions. Jaybird may refuse service, end a session, or remove the Minor and the Guardian immediately, without refund, for unsafe conduct, intoxication, harassment, bullying, discrimination, illegal activity, equipment tampering, compliance misrepresentation, abuse of staff or members, or any material breach.

17. Bookings, fees, and refunds

Bookings, cancellations, no-shows, instructor fees, and membership charges relating to the Minor are governed by the Cancellation and No-Show Policy, the Membership Agreement, and the No Refund Policy. All payments are final and non-refundable except where mandated by law. Termination of the Minor’s access for cause does not entitle you to a refund and does not waive amounts due, damage charges, or your indemnity obligations.

18. Insurance

Jaybird does not provide health, accident, disability, life, or aviation liability insurance for the Minor or for you. You are solely responsible for maintaining any insurance you deem appropriate for the Minor. This Agreement 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 Agreement, and no provision of this Agreement shall be construed as an admission that insurance exists or applies.

19. Limitation of liability

To the fullest extent permitted by Arizona law, if any Claim by you or the Minor is not fully barred by this Agreement, the aggregate liability of Jaybird and the Released Parties arising out of or related to the Minor’s presence at the facility or participation in the Activities shall not exceed the greater of (a) the amounts 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.

20. Duration; revocation; re-signature at majority

20.1 Duration

This Agreement takes effect when you sign it and continues in effect for every visit, session, event, and program in which the Minor participates until it is revoked under Section 20.2, superseded by a later version, or terminated because the Minor reaches the age of majority under Section 20.3. Jaybird may require you to re-sign a current version at any time, and may condition the Minor’s continued participation on your doing so.

20.2 Revocation

You may revoke this Agreement prospectively by delivering written notice to support@jaybirdsims.com. Revocation is effective when Jaybird confirms receipt and applies only to future participation. Revocation does not affect (a) the validity of the releases and covenants in Sections 5 and 6 as to any period before revocation, (b) your indemnity obligations under Sections 2.3, 7, and 11.5, (c) the limitation of liability in Section 19, or (d) Jaybird’s compliance record-retention obligations. Upon revocation, the Minor’s access ends immediately and no refund is due.

20.3 The Minor reaching the age of majority

On the Minor’s eighteenth (18th) birthday, this Agreement ceases to authorize further participation. Before the Minor may next enter the facility as a participant or use any equipment, the Minor must, in the Minor’s own name and own individual capacity, sign the current Liability Waiver and Release and any other agreements Jaybird then requires, including the Terms of Service, Identity & Flight Training Disclosure, and, where applicable, the Membership Agreement and Door Access & Facility Security Agreement.

The Minor’s signature at majority does not release, discharge, diminish, or terminate: (a) your indemnity obligations under Sections 2.3, 7, and 11.5, which expressly survive the Minor’s attainment of majority and expressly cover Claims the Minor asserts as an adult in respect of the period of minority; (b) your release of your own Claims under Section 5; or (c) any accrued payment or damage obligation.

21. Third-party beneficiaries

Each Released Party that is not a party to this Agreement is an intended third-party beneficiary of Sections 4, 5, 6, 7, 8, 11.5, 18, and 19 and may enforce those Sections directly. No other person or entity is an intended beneficiary of this Agreement.

22. Disputes; governing law; venue

This Agreement is governed by the laws of the State of Arizona, without regard to conflict-of-law rules. You consent, for yourself and on the Minor’s behalf, 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.

23. Severability; entire agreement; survival

If any provision of this Agreement is held invalid or unenforceable, Section 8 (Savings and reformation) controls and the remaining provisions remain in full force and effect.

This Agreement, 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, Photo, Video & Media Release, Electronic Communications & E-Sign Consent, Cookie & Tracking Technologies Policy, and Accessibility Statement, and the other documents you accept at onboarding, constitutes the entire agreement regarding the Minor’s participation, except where a more specific signed document controls a particular subject matter. Where this Agreement and the Liability Waiver and Release address the same subject with respect to the Minor, this Agreement controls as to the Minor and the Guardian.

Sections intended to survive — including assumption of risk (Section 4), the Guardian’s release (Section 5), the release of the Minor’s Claims (Section 6), the independent indemnity (Section 7), savings and reformation (Section 8), damage and payment responsibility (Sections 9 and 17), compliance indemnity and record retention (Section 11), insurance (Section 18), limitation of liability (Section 19), third-party beneficiaries (Section 21), and governing law and venue (Section 22) — survive the Minor’s attainment of majority, the termination of any membership, the completion of the Minor’s visits, and the revocation, expiration, or termination of this Agreement.

24. Acknowledgment; guardian signature; electronic signature

You represent that you have read this Agreement 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 for yourself and, to the fullest extent permitted by law, for the Minor, that you understand you are assuming an independent obligation to indemnify the Released Parties against claims brought by or on behalf of the Minor, and that you sign voluntarily and not in reliance on any statement not contained in this Agreement.

You further represent and warrant that you are eighteen (18) years of age or older, that you are the parent or legal guardian of the Minor, and that the information you have entered for both yourself and the Minor — including legal names, dates of birth, and contact details — is true, complete, and current.

By typing your full legal name during onboarding, check-in, or checkout, you sign this Agreement electronically in two capacities: (a) individually, as the releasing and indemnifying Guardian under Sections 5, 7, and 11.5; and (b) as the parent or legal guardian of the Minor, on the Minor’s behalf. Your electronic signature is intended to be, and is, legally binding to the same extent as a handwritten signature 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 acknowledge and agree that Jaybird will create and retain a guardian signature record for this Agreement, and that Jaybird will link the Minor’s signature record — and each subsequent agreement the Minor signs while a minor — to your guardian signature record, so that the Minor’s participation is at all times traceable to your consent. Where Jaybird also asks the Minor to acknowledge safety rules in the Minor’s own name, that acknowledgment is supplemental to, and does not substitute for, your signature and is of no independent legal effect. Jaybird records the signed name, signature method, date and time, IP address, and device information for each signature and retains an immutable snapshot of the exact document text presented at signing, as evidence of consent, for at least five (5) years.

Questions: support@jaybirdsims.com