No Refund Policy
Version 1
No Refund Policy **Effective date:** the date shown in your member account, onboarding flow, or checkout confirmation. **Operator:** Jaybird Sim Center (“Jaybird,” “we,” “us,” “our”). **You (“Member,” “Customer,” “you,” “your”):** the individual or entity purchasing or using Jaybird services. This No Refund Policy (“Policy”) applies to all Jaybird memberships, bookings, fees, credits, and purchases unless **mandatory law** requires otherwise. It is incorporated into Jaybird’s Terms of Service, Membership Agreement, Cancellation / No-Show Policy, and checkout flows. --- ## 1. General rule: all sales final **All payments to Jaybird are final and non-refundable**, including without limitation: - Membership dues, subscription charges, and plan upgrades - Minimum commitment installments and early termination amounts - Intro flight, discovery session, and promotional package purchases - Instructor fees, policy fees, and no-show or late-cancellation charges - Equipment damage, repair, replacement, and collection amounts - Guest fees, add-ons, café purchases, and event tickets - Taxes, processing fees, and chargeback fees assessed to your account Jaybird does **not** provide cash refunds, pro-rata refunds, or credit card reversals except where **applicable law** expressly requires. --- ## 2. No refund for partial use or unused benefits Non-refundability applies even if: - You used only part of a billing period - You did not use included membership hours - You did not use guest passes or promotional credits - You moved, lost interest, or became unable to attend - Jaybird suspended or terminated your access **for cause** (policy violation, non-payment, unsafe conduct, credential sharing, compliance misrepresentation, etc.) - Equipment was unavailable due to maintenance, outage, or force majeure (Jaybird may, in its sole discretion, offer courtesy credits — **never required**) --- ## 3. Membership commitment and cancellation Recurring memberships may include a **minimum commitment period** (currently three (3) calendar months unless otherwise shown at checkout). During the commitment period, you **remain responsible for all scheduled charges**. Cancelling self-service where disabled, disputing charges, or requesting early termination **does not entitle you to a refund** of amounts already paid or still owed under the commitment. After the commitment period, cancellation stops **future** billing at period end; it does **not** refund past periods. --- ## 4. Booking cancellations vs. cash refunds The **Cancellation / No-Show Policy** describes when booking **entitlements** (membership hours) may be restored or when **instructor fee credits** may be issued for a **future session**. **Important distinctions:** - **Restored membership hours** are not cash refunds — they are plan entitlements returned to your balance - **Instructor session credits** are not cash refunds — they are dollar credits applicable only to future instructor bookings at Jaybird - **Late cancellations and no-shows** may result in forfeited fees with **no refund and no credit** - Jaybird may waive fees or issue courtesy credits in its **sole discretion**; waivers are never precedents or obligations Nothing in the Cancellation Policy creates a right to a monetary refund unless required by law. --- ## 5. Chargebacks and payment disputes You agree to contact **support@jaybirdsims.com** to resolve billing concerns before initiating a chargeback or payment dispute. Bad-faith or duplicate chargebacks may be treated as a **material breach**, resulting in immediate termination, full balance acceleration where permitted, and responsibility for the disputed amount plus chargeback and collection costs. --- ## 6. Promotional, founding, and discounted rates Promotional, introductory, founding, legacy, or discounted pricing may convert to standard rates as disclosed at signup. Promotional value is **not convertible to cash** and has **no refund value** if unused. --- ## 7. Third-party processors Payments processed by Stripe or other processors remain subject to this Policy. Processor dispute windows do **not** create refund rights beyond this Policy except where law requires. --- ## 8. Exceptions required by law If applicable law mandates a refund for a specific transaction type, Jaybird will comply **only to the minimum extent required**. Otherwise, this Policy controls. --- ## 9. Governing law This Policy is governed by **Arizona law** with venue in **Maricopa County, Arizona**, consistent with Jaybird’s Terms of Service. --- ## 10. Electronic acceptance By completing checkout, onboarding, or continued use of Services after publication of this Policy, you agree to it as electronically signed under the E-SIGN Act and Arizona law. **Questions:** support@jaybirdsims.com
Published text mirrors the active rows in agreement_templates (versioned). Signed snapshots are stored in signed_agreements at onboarding and checkout events. Have Arizona counsel review before treating any clause as final advice.