Jaybird Simulator Use Policy

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

Operator: Jaybird Sim Center (“Jaybird,” “we,” “us,” “our”), 2550 N Thunderbird Cir #132, Mesa, Arizona 85215.

User (“you,” “your”): any member, guest, student, visitor, observer, instructor, training provider, or other person who uses, occupies, operates, supervises, or is present at Jaybird simulator equipment.

This Simulator Use Policy (“Policy”) is the operational rulebook for Jaybird aviation training devices, simulators, and related software and hardware. It governs how a session is classified, what clearance you must hold before you may book it, who may instruct, what may be logged, how the bays are operated safely, and what happens when the rules are broken. It sits between the Terms of Service, which governs the commercial relationship, and the Identity & Flight Training Disclosure and TSA Flight Training Security Program Compliance & Flow-Down Addendum, which govern identity and security screening. It supplements — and does not replace — the Liability Waiver and Release, the Membership Agreement, the Equipment Damage Policy, and the Cancellation and No-Show Policy.

1. Purpose and scope

Jaybird provides simulator equipment for recreational use, self-directed pilot proficiency, and regulated flight training — and provides it for regulated flight training only when the session has been correctly classified, correctly booked, correctly documented, and cleared by Jaybird’s compliance system before the session begins.

Every booking carries a session use classification. The classification is not a label of convenience; it is a compliance record. It determines which documents you must have on file, which clearance your account must hold, who may occupy the instructor seat, what may lawfully be logged, and which regulatory regime applies to the session. Booking a session under a classification that does not match what actually happens in the bay is a serious violation of this Policy and is treated as a compliance violation rather than an administrative error.

1.1 Who this Policy binds

This Policy binds every person who touches the Equipment or occupies a bay, including:

• Members on any plan, and account holders booking on behalf of themselves or authorized users
• Guests, visitors, observers, and accompanying persons, who are additionally bound by the Guest & Visitor Waiver
• Minors and their parents or guardians, who are additionally bound by the Minor Participation & Guardian Consent Agreement
• Jaybird instructors, ambassadors, staff, and contractors
• Independent instructors and outside flight instructors operating under the Independent Instructor & Training Provider Agreement
• Outside flight schools and partner training providers operating under the Simulator Lease & Training Provider Agreement or the Member Simulator Lease & Equipment Use Agreement

1.2 Related documents and order of precedence

This Policy is one of a family of Jaybird agreements. Where they overlap, read them together; where they genuinely conflict, the following order controls, from highest to lowest:

The Privacy Policy, Cookie & Tracking Technologies Policy, Photo, Video & Media Release, Electronic Communications & E-Sign Consent, and Accessibility Statement apply alongside this Policy and are not displaced by it.

2. 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.

“Equipment” means every simulator, aviation training device, and associated system Jaybird makes available, including the Redbird FMX (an Advanced Aviation Training Device), Gleim and other Basic Aviation Training Devices, motion platforms, golf simulators, projectors and projection surfaces, VR and AR headsets, avionics panels, control loading hardware, seats and restraints, networks, software images and scenarios, and briefing rooms.

“Session” means a booked block of time on the Equipment, from the start of your pre-session briefing to the moment the bay is released to Jaybird.

“Classification” means the session_use_classification value recorded on the booking. The ten permitted values are recreational, self_practice, pilot_proficiency, flight_review, ipc_proficiency, cert_rating_training_jaybird, cert_rating_training_outside_cfi, outside_school_lease, discovery_demo, and event_group.

“Responsible Flight Training Provider” means the party recorded on the booking as accountable for the regulated flight training delivered in it. The four permitted values are jaybird_dsa, outside_instructor, outside_school, and undetermined.

“Compliance Status” means the compliance_status value on your compliance profile. The permitted values are not_started, id_uploaded, citizenship_pending, us_citizen_verified, non_us_recreational_only, ftsp_required, ftsp_pending, ftsp_approved, outside_instructor_pending, outside_instructor_approved, lease_agreement_required, compliance_hold, cleared_for_recreational_use, and cleared_for_instructional_use.

“Citizenship Status” means the citizenship_status value on your compliance profile: us_citizen, us_national, non_us_citizen, lawful_permanent_resident, or unknown. For the purposes of this Policy a “U.S. person” is a member recorded as us_citizen or us_national. A “non-U.S. person” is a member recorded as non_us_citizen or lawful_permanent_resident. A member recorded as unknown is neither and has not yet made the attestation the system requires.

“Recreational clearance” means a Compliance Status that permits solo and non-instructional bookings: cleared_for_recreational_use, non_us_recreational_only, cleared_for_instructional_use, us_citizen_verified, or ftsp_approved.

“Instructional clearance” means a Compliance Status that permits instructional bookings: cleared_for_instructional_use, us_citizen_verified, or ftsp_approved. For a non-U.S. person booking a session that requires an FTSP determination, only ftsp_approved or cleared_for_instructional_use will do. Instructional clearance always includes recreational clearance — a member cleared to train may also fly solo.

“Approved Instructor” means a flight instructor Jaybird has approved in its system to deliver instruction on the Equipment, whether a Jaybird or DSA instructor or an approved outside instructor whose record is in approved status.

“Ambassador” means a Jaybird instructor or designated representative authorized to perform in-person member verification at the desk under Jaybird’s approval wizard.

“Countable booking” means a simulator booking of type solo, with-instructor, tour, or rental that is in pending, confirmed, checked_in, or completed status. Countable bookings are what the system uses to decide whether you have already had your first session.

“Regulated flight training” means, for the purposes of this Policy, any session Jaybird treats as flight training under the conservative standard in Section 4.

3. Regulatory framework

Jaybird operates in a regulated environment. The following are the anchors this Policy is written against. Nothing in this list is legal advice, and Jaybird’s summary of a regulation does not replace the regulation itself.

4. Jaybird’s conservative standard

4.1 What the regulation actually reaches

The Flight Training Security Program at 49 CFR Part 1552 applies to flight training, which 49 CFR 1552.3 defines as instruction received in an aircraft or aircraft simulator consistent with the requirements to obtain a U.S. FAA airman certificate, rating, or type rating — including instruction to maintain a certificate or rating. A flight review under 14 CFR 61.56 and an instrument proficiency check under 14 CFR 61.57 therefore count, not only training toward a new certificate. 49 CFR 1552.3 also excludes a demonstration flight conducted for marketing purposes.

4.2 Jaybird’s stricter internal standard, adopted on purpose

Jaybird applies a deliberately conservative standard that is stricter than the regulation requires, and does so on purpose. If a session carries any instructional, currency, proficiency, certificate, rating, flight review, IPC, or logbook purpose, Jaybird treats it as regulated flight training until shown otherwise, and Jaybird will decline the booking rather than resolve a close question in the user’s favour.

This is Jaybird’s own internal standard, not a statement of the minimum the law demands. Jaybird adopts it because the cost of being wrong about a security determination is borne by the security programme and by every other member, while the cost of being conservative is a rebooking. You should not infer from this Policy that any particular session is legally required to be screened; you should infer only that Jaybird will require it before Jaybird will let it happen on Jaybird equipment.

Two consequences follow directly:

• Uncredentialed instruction is prohibited. “Informal coaching,” “just showing you how,” “talking you through it,” and any other unbooked delivery of instruction during a recreational, solo, or event session is a violation of this Policy regardless of whether money changed hands and regardless of whether anyone intended to log it.
• The purpose controls, not the paperwork. If an instructional purpose exists, the session must be reclassified and rebooked as flight training. Deciding after the fact that nothing will be logged does not convert a training session into a recreational one.

5. Session use classification

5.1 The ten classifications

Every booking records exactly one classification. The table below states, for each value, what it means in plain English, whether Jaybird treats it as regulated flight training under the conservative standard, the clearance your account must hold before the system will accept the booking, and the Responsible Flight Training Provider that will be recorded.

5.2 The proficiency nuance, stated plainly

The booking gate treats pilot_proficiency as a non-instructional classification, so recreational clearance is enough to book it. That reflects the fact that a certificated pilot practising alone is not receiving instruction. It is not permission to receive instruction under a proficiency booking. The moment an instructor is delivering instruction, conducting a review, signing anything, or working toward a currency or logbook outcome, the correct classification is flight_review, ipc_proficiency, or one of the certificate and rating values, and the session must be rebooked before it starts. Using pilot_proficiency or self_practice to receive instruction is a classification violation under Section 18.

5.3 Discovery and demonstration sessions

Because 49 CFR 1552.3 excludes demonstration flights conducted for marketing purposes, a discovery_demo booking bypasses the training document requirements — the documentary citizenship proof and the pending-review hold. It does not bypass everything:

• Jaybird staff still examine government-issued identification at check-in.
• A member on compliance_hold cannot book one.
• A non-U.S. person cannot book a discovery or demo session without recreational clearance. 49 CFR 1552.7 addresses providing flight training or access to flight training equipment, so Jaybird holds the line at access, not only at instruction. This check deliberately runs ahead of the orientation bypass in Jaybird’s system.

5.4 Choosing, changing, and correcting a classification

You choose the classification when you book. You must choose the one that matches what will actually happen. If the plan for the session changes before it begins, tell Jaybird and rebook. If it changes during the session, stop and speak to staff.

Jaybird may reclassify a booking when the recorded classification does not match the facts, and may cancel a session that cannot be lawfully reclassified in the time available. A cancellation for misclassification is a cancellation for cause and is governed by the No Refund Policy and the Cancellation and No-Show Policy.

6. Clearance, compliance status, and the booking gate

6.1 Compliance statuses and what they permit

`compliance_hold` overrides everything. While your account is on hold, no classification of any kind may be booked, and no clearance you previously held has any effect.

6.2 Clearance matrix

6.3 What the booking gate does, in order

Jaybird’s booking gate evaluates every booking before it is accepted. The checks run in a fixed order, and the first failure stops the booking:

1. Compliance profile exists. No profile means no booking.
2. Compliance hold. An account on compliance_hold is stopped here.
3. Citizenship attestation. A member whose Citizenship Status is unknown and who already has a countable booking must attest before booking again. This check is not applied to a discovery_demo booking.
4. Member verification. The in-person verification gate described in Section 7.
5. Non-U.S. access. A non-U.S. person without recreational clearance is stopped, including for discovery_demo.
6. Orientation bypass. A discovery_demo booking that reaches this point is accepted.
7. Documentary citizenship proof. A U.S. person whose declared intended use includes training, who has no approved proof on file and no staff instructional clearance, is stopped once they have a prior countable booking.
8. Recreational clearance for non-instructional classifications.
9. Instructional clearance for instructional classifications.
10. Declared training provider for non-U.S. training sessions.

6.4 Booking gate outcomes you may see

7. The first-session rule

Jaybird lets a new member fly once before anyone has met them in person. That single session is a deliberate accommodation, not a standing entitlement, and it closes the moment it is used.

7.1 What you may book before verification

If your membership is active and your verification is not yet approved, you may book one session. Jaybird counts a session as used once a simulator booking of type solo, with-instructor, tour, or rental exists in pending, confirmed, checked_in, or completed status.

7.2 What is blocked after it

A second booking is blocked until verification is complete. Depending on which path your account is on, the block resolves differently:

7.3 Originals, in person, photographed by us

Identity and citizenship are established by inspection of an original document, not by receipt of a file.

• You must present original documents in person. Jaybird staff or an approved ambassador photographs the document while holding it.
• A photograph of a document that you supply is not acceptable as proof of citizenship. It is evidence that a file exists and nothing more. The same restriction applies to the government photo ID that establishes who you are, and to a passport.
• Supporting evidence for a non-U.S. FTSP package — a visa, an I-94, a permanent resident card, or a Determination of Eligibility — may be uploaded by you, because none of those documents establishes anything on its own. Only a Determination of Eligibility clears a candidate, and a permanent resident card is worth having on file early because it earns expedited processing.
• An FAA pilot certificate may be uploaded by you. It is a qualification, not an identity document.

7.4 Non-U.S. members have no first-session grace for training

The first-session accommodation is an identity-verification accommodation. It does not exist for FTSP. A non-U.S. person is blocked from every booking, including a discovery or demo session, until staff grant recreational clearance, and is blocked from every instructional booking until the determination is approved. Likewise, there is no first-session grace on the instructional path for anyone: a session that is instruction requires the citizenship determination to exist before it runs.

8. Identity documents and proof of citizenship

8.1 What a photo ID does and does not prove

A driver’s licence or state identification card is photo identification only. It is not proof of citizenship. It establishes that the person in front of us is the person named on the account. It says nothing about nationality, and Jaybird will not accept it as citizenship proof no matter how many times it is uploaded.

This distinction is the single most common source of a blocked second booking. If your upload is rejected with a note that you did not upload the proper document, that is what happened: we need a U.S. passport or birth certificate, not a licence or state ID.

8.2 Documents that stand alone

The following establish U.S. citizenship on their own, provided they are unexpired:

8.3 Documents that need a photo ID beside them

The following establish citizenship only when paired with an approved government photo identification document, because they carry no photograph:

Jaybird already collects a government photo ID from every member during onboarding, so in practice the pairing is resolved from your file rather than by asking you for a second upload.

8.4 Expiry

An expired U.S. passport still proves citizenship, but it stops standing alone — it falls back to needing a current photo identification document beside it. Every other stand-alone document is simply unusable once expired. Jaybird can only apply this rule where a reviewer recorded an expiry date.

8.5 Recreational members and documentary proof

Jaybird does not currently require documentary proof of citizenship from a U.S. member who only ever flies recreationally. Every member still attests to citizenship, and every member still needs an approved government photo ID. Documentary proof is required when your declared intended use is training or both, and it is always required before an instructional session, regardless of what you declared at onboarding.

Jaybird maintains a single internal switch that turns documentary proof into a universal requirement. If Jaybird sets that switch, documentary proof will be required of every member regardless of how they use the Equipment, and Jaybird will notify affected members through the member portal.

8.6 Attestation and false statements

You must attest to your citizenship status truthfully. A false statement in connection with flight training security screening carries consequences under 49 CFR 1552.19, 49 CFR 1540.103, 18 U.S.C. 1001, and 49 U.S.C. 46301, and may be referred by Jaybird to TSA, DHS, the FAA, or law enforcement. Jaybird will place an account on compliance_hold immediately where it has reason to believe an attestation was false.

9. Non-U.S. persons

A non-U.S. person — anyone recorded as non_us_citizen or lawful_permanent_resident — follows a separate and stricter path.

9.1 Requirements before any booking

Supporting documents such as a visa, an I-94, or a permanent resident card do not clear anyone. Jaybird collects them because they evidence the package and because lawful permanent residents qualify for expedited processing.

9.2 Training must be booked with the declared provider

A non-U.S. training session must be booked with the training provider you declared. Jaybird’s system will refuse a non-U.S. instructional booking that is not attached to a Jaybird instructor, a DSA instructor, the Jaybird instructor pool, or an approved external instructor. If you change providers, update your declaration first.

10. Instructors

10.1 Approved instructor requirements

Only an Approved Instructor may deliver instruction on the Equipment. Approval requires, and continued approval depends on maintaining:

Jaybird tracks the TSA security awareness certificate and the FTSP provider portal evidence as two distinct required documents. Both must be on file and approved; an uploaded but unreviewed document does not satisfy the requirement.

10.2 Outside instructors and partner schools

Outside flight instructors and partner or outside flight schools may use the Equipment only when all of the following are true:

• Jaybird has approved the instructor or school, and the record is in approved status
• Jaybird has approved the session classification, and the classification is cert_rating_training_outside_cfi or outside_school_lease as appropriate
• The Responsible Flight Training Provider is identified in Jaybird’s records before the session begins. A session may not start with the provider recorded as undetermined
• The outside party has a current Independent Instructor & Training Provider Agreement (for an individual instructor) or a current Simulator Lease & Training Provider Agreement (for a school or organization) on file
• The outside party has a current TSA Flight Training Security Program Compliance & Flow-Down Addendum on file
• Student citizenship and FTSP status are verified where required

The outside party is responsible for verifying the citizenship of its own students. Where an outside instructor or school is the Responsible Flight Training Provider, that party carries the provider obligations under 49 CFR Part 1552 for its candidates, and warrants to Jaybird that it has discharged them. Jaybird’s own checks are an additional internal control layered on top of that responsibility, not a substitute for it, and Jaybird’s acceptance of a booking is not a determination that the outside party has met its obligations.

Members who lease equipment directly are additionally bound by the Member Simulator Lease & Equipment Use Agreement.

10.3 Instructor fees and checkout

The outside instructor checkout is a one-time familiarization and standardization session with Jaybird. An outside instructor may not instruct on the Equipment before completing it. No-show and late cancellation charges are governed by the Cancellation and No-Show Policy.

11. Devices, FAA approval, and Letters of Authorization

11.1 Device classification does not create credit

Jaybird’s Equipment includes FAA-approved aviation training devices, entertainment simulators, golf simulators, and mixed-use bays. Device labelling and Jaybird’s session classification control how a session may be used inside the facility. Neither one confers FAA credit, insurance coverage, checkride readiness, or real-world authorization.

11.2 Creditability depends on approval status and the applicable Letter of Authorization

Whether time in an aviation training device may be credited toward an FAA requirement depends on the approval status of the specific device, on the terms of any applicable Letter of Authorization issued by the FAA, on the regulation you are trying to satisfy, on whether an authorized instructor was present, and in some cases on the training programme under which the session was conducted. An AATD and a BATD are not interchangeable, and a device approved for one purpose may not be approved for another.

You are responsible for confirming what is creditable for your purpose before you rely on it. If credit matters to you, ask before you book, and confirm with your instructor, your examiner, your certificating authority, or the applicable FAA guidance — including 14 CFR 61.4, 14 CFR 61.51, 14 CFR 61.65, and FAA AC 61-136 — rather than relying on the fact that Jaybird accepted the booking.

Jaybird makes no guarantee, representation, or warranty of FAA creditability. Jaybird does not warrant that any session, device, scenario, or record will be accepted by the FAA, a designated examiner, a certificated school, an insurer, or an employer.

11.3 Simulator is not an aircraft

Simulator time does not replicate all real-world conditions, hazards, workload, weather, physiological effects, or consequences. It must never be treated as proof of real-world safety, competence, currency, or legality. See the Liability Waiver and Release and the Terms of Service.

12. Logging, endorsements, and records

Only an Approved Instructor, on an approved training session, may create training records, endorsements, or logbook entries that Jaybird will recognise. A record created by anyone else, or created on a session that was not booked as training, has no standing with Jaybird for any purpose.

Jaybird may refuse to sign, endorse, countersign, corroborate, or otherwise support a logbook entry that does not match the booked classification and the compliance record. This is not discretionary courtesy — a record that contradicts our own compliance file is a record we cannot stand behind.

Additional rules:

• No logging of FAA flight time, instrument time, or training device credit on a recreational, self_practice, discovery_demo, or event_group session
• No endorsements, sign-offs, or training records on a recreational booking
• No checkride preparation presented as formal training unless the session is rebooked as training
• Records must accurately state the device used, the date, the duration, and the instructor
• Jaybird’s session records, not a participant’s recollection, are the reference where the two disagree

Logging credit toward an FAA requirement depends on the device approval and Letter of Authorization considerations in Section 11. Jaybird makes no guarantee of FAA creditability of any logged time.

13. Occupancy, observers, and jump-seating

Observers may not instruct, coach, or direct the session. An observer who begins instructing has converted the session into an instructional one, which is a classification violation.

14. Safety and operational rules

14.1 Before the session

• Attend the pre-session briefing. No occupant may operate a device before being briefed on that device, and a first-time user on any device must be briefed on it specifically
• Follow bay briefings, checklists, placards, staff directions, and manufacturer limits at all times
• Locate the emergency stop before motion begins. Every occupant, not just the pilot flying, must know where it is and how to use it
• Check restraints. Seat belts and harnesses are fastened and verified before any motion is enabled
• Confirm the platform envelope is clear of persons, bags, chairs, and cables
• Observe posted weight and height limits for the device. These are manufacturer and structural limits and Jaybird will not waive them
• Wear closed-toe, secured footwear. No bare feet, no loose sandals, no heels on motion platforms
• Secure loose items. Phones, keys, water bottles, headsets, loose clothing, lanyards, and long hair must be secured clear of controls and pinch points

14.2 During the session

• Keep hands, feet, and objects clear of moving platforms, control loading hardware, and pinch points
• Do not lean out of, exit, or enter a device while motion is enabled
• Do not bypass, defeat, disable, or work around safety interlocks, restraints, guards, or emergency stops
• No food inside a device. Drinks only in a sealed, closable container, and only where the bay permits them. Nothing on avionics panels, control surfaces, projectors, or headsets
• VR and AR headsets are used seated and within the marked area unless staff direct otherwise. Sanitize as directed
• Report any fault, smell, noise, smoke, heat, error, or unexpected behaviour immediately

14.3 Stop the session immediately if

• Any occupant feels unwell, disoriented, faint, or nauseated
• Any equipment fault, unusual noise, burning smell, smoke, or electrical issue occurs
• Motion behaves unexpectedly or fails to respond to control input
• A restraint fails or an occupant becomes unsecured
• Any person enters the motion envelope
• A fire alarm, medical event, or facility emergency occurs
• Any person is behaving unsafely, or is or appears to be impaired

After an immediate stop, do not restart until Jaybird staff clear the device.

14.4 Impairment

You may not use, occupy, supervise, or instruct on the Equipment while impaired by alcohol, cannabis, illegal drugs, or any medication or condition that affects judgement, coordination, vision, or alertness. Jaybird may refuse or terminate a session on reasonable suspicion of impairment, without refund.

15. Simulator sickness

Motion platforms, wide-field projection, and VR and AR headsets can cause simulator sickness — nausea, sweating, pallor, dizziness, disorientation, eye strain, headache, drowsiness, and disturbed balance or depth perception. Susceptibility varies between people and between sessions, and symptoms can begin without warning.

Recognise and stop. At the first sign of symptoms in yourself or another occupant, stop the session, disable motion, remove the headset, and tell staff. Do not push through it. There is no benefit to continuing and the symptoms worsen.

Aftereffects can persist after the session ends. Balance, spatial orientation, and visual coordination may remain degraded for a period after you leave the device.

You must not drive, operate machinery, or fly an aircraft until any aftereffects have fully resolved. Rest in the facility, hydrate, and give yourself time. If symptoms are severe or do not resolve, seek medical attention. If you fly or instruct, apply your own personal minimums and applicable FAA guidance before acting as a required crewmember.

16. Prohibited uses

You may not do any of the following.

16.1 Classification and compliance

• Circumvent or manipulate the booking classification, including selecting a classification you know does not match the intended session
• Use a recreational, solo, proficiency, event, or discovery booking to deliver or receive instruction
• Provide or receive flight instruction for compensation or hire outside an approved training session
• Allow a person who has not been verified and cleared to occupy a seat
• Ghost-book — booking, checking in, or flying on another member’s account, or letting another person use yours
• Misrepresent training purpose, identity, citizenship, certificate status, or provider to avoid a compliance requirement
• Begin an outside-provider session before the Responsible Flight Training Provider is recorded

16.2 Commercial misuse

• Resell, rent, sublet, broker, or transfer simulator time, whether for money or in kind
• Use the Equipment to deliver commercial services to third parties without Jaybird’s prior written approval
• Competitive benchmarking — using the Equipment, the facility, or a session to evaluate, test, or gather data for a competing or prospective competing operation
• Use the Equipment for non-aviation commercial services without written approval

16.3 Intellectual property and content

• Record, capture, screen-capture, stream, or reproduce proprietary scenarios, software, configurations, curricula, or interfaces, except where Jaybird has permitted it in writing. Personal photos and video of yourself are governed by the Photo, Video & Media Release and the general recording rules Jaybird posts
• Reverse engineer, decompile, or extract Jaybird or vendor software, scenarios, or data
• Copy or redistribute Jaybird training materials or briefing content

16.4 Equipment, software, and networks

• Install, side-load, download, or run any software, firmware, script, mod, add-on, or scenario package on any Jaybird device
• Connect a personal device to a Jaybird network, port, or hardware without permission — including USB devices, storage media, yokes, pedals, headsets, laptops, capture hardware, and network cables
• Change device configuration, calibration, display geometry, control mapping, or system settings outside what staff have authorized
• Attach, remove, or move hardware, panels, projectors, seats, or cabling
• Operate a device outside approved session types or software profiles
• Attempt to access Jaybird administrative systems, staff accounts, or another member’s records

16.5 Conduct

• Bypass safety interlocks, restraints, or emergency stops
• Use the Equipment while impaired
• Bring weapons, hazardous materials, or prohibited items into a bay
• Harass, threaten, or endanger any person in the facility
• Remain in the facility outside your booked time or authorized access, contrary to the Door Access & Facility Security Agreement

Violations may result in immediate termination of the session, charges under the Equipment Damage Policy, loss of booking privileges, termination of membership or instructor approval without refund, and referral to the FAA, TSA, DHS, or law enforcement.

17. Audit, monitoring, and enforcement

17.1 What Jaybird monitors

Jaybird and, where applicable, partner training providers may review:

Monitoring is conducted in accordance with the Privacy Policy and the Door Access & Facility Security Agreement.

17.2 Cooperation

You agree to cooperate with audits and compliance reviews and to provide accurate information on request. That includes presenting original documents for inspection, answering questions about the purpose of a session, and identifying every person who occupied a seat.

17.3 Immediate authority

Jaybird staff may stop any session immediately, without notice and without refund, where they have reasonable grounds to believe a safety, classification, compliance, or conduct rule is being broken. Staff are not required to resolve the question first.

17.4 Suspension pending investigation

Jaybird may place an account on compliance_hold, suspend booking privileges, revoke instructor approval, and suspend door credentials pending investigation, and may do so without refund for the period of suspension. Where an investigation clears you, Jaybird will restore access; where it does not, Section 18 applies. Suspension for cause does not entitle you to a refund under the No Refund Policy.

17.5 Referral

Jaybird may refer conduct to the FAA, TSA, DHS, or law enforcement, and may disclose records to them, where Jaybird believes in good faith that a regulatory or criminal matter exists. Jaybird will do so without prior notice to you where notice would be inappropriate or unlawful.

18. Escalation and sanctions

The table below sets Jaybird’s normal escalation. Jaybird may skip directly to the most severe sanction for any single violation that is egregious, dangerous, deliberate, or involves a false statement.

Sanctions under this Policy are cumulative with, and do not replace, charges under the Equipment Damage Policy, the Cancellation and No-Show Policy, and the No Refund Policy. Termination for cause never entitles you to a refund.

19. No FAA, TSA, or legal advisory role

Jaybird’s approval of a session, a classification, a document, an instructor, or an account is an internal operational decision. It means that Jaybird is willing to let the session proceed on Jaybird equipment under Jaybird’s own conservative standard. It means nothing more.

In particular, Jaybird’s approval:

• Is not legal advice, and Jaybird’s staff, instructors, and ambassadors are not acting as your legal counsel or your compliance advisor
• Does not certify that you meet FAA requirements for any certificate, rating, currency, review, check, or privilege
• Does not certify that you meet TSA or FTSP requirements, and is not a Determination of Eligibility, which only TSA may issue
• Does not certify your immigration status or your eligibility to be present in or to train in the United States
• Does not warrant FAA creditability of any device, session, or logged time, as described in Section 11
• Does not transfer to Jaybird any obligation that rests on you, on your instructor, or on your training provider

You remain solely responsible for your own regulatory compliance. If your circumstances are unusual — dual nationality, a lapsed determination, a foreign certificate, an unresolved immigration question, a medical or certificate action — consult qualified counsel or the relevant agency. Jaybird will apply its own rules, and its own rules are not a safe harbour for yours.

20. Records, privacy, and retention

Jaybird records the session classification, the Responsible Flight Training Provider, the compliance status and every change to it, the documents reviewed and their review outcomes, the identity of the reviewer, and the training events associated with a booking.

Jaybird retains compliance records for at least five (5) years, and longer where a regulation, an investigation, an audit, an insurance matter, or a legal hold requires it. Retention continues after your membership ends.

Personal information in these records is handled under the Privacy Policy. Access to compliance files is limited to Jaybird staff with a need to review them, to the Responsible Flight Training Provider where the record concerns its own candidate, and to regulators and law enforcement as described in Section 17.5.

21. Fees, charges, and no refund

The fees stated in Section 10.3 apply to instructor time, outside instructor checkout, and no-shows. Damage charges are assessed under the Equipment Damage Policy. Cancellation and late-change charges are assessed under the Cancellation and No-Show Policy.

Sessions cancelled, stopped, or refused for cause under this Policy are not refundable, including sessions stopped for misclassification, impairment, unsafe conduct, an unverified occupant, or a compliance hold. See the No Refund Policy.

22. Assumption of risk, release, and indemnification

Simulator use carries risk, including motion, disorientation, simulator sickness, falls, pinch and crush injuries, electrical hazards, and psychological stress from realistic scenarios. You accept those risks. The Liability Waiver and Release governs assumption of risk and release in full and is incorporated here.

You will defend, indemnify, and hold harmless the Protected Parties from and against all claims, demands, actions, damages, losses, fines, penalties, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of this Policy, your misclassification of a session, your delivery or receipt of unapproved instruction, your permitting an unverified person to occupy a seat, your damage to the Equipment, or your breach of any regulatory obligation that is yours and not Jaybird’s.

23. Limitation of liability

To the maximum extent permitted by Arizona law, the Protected Parties are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost training time, lost opportunity, failed checkrides, denied credit, or lost data, arising out of or relating to this Policy or your use of the Equipment.

The total aggregate liability of the Protected Parties for all claims arising out of or relating to this Policy is limited to the greater of (a) the amounts you paid to Jaybird in the three (3) months preceding the claim, or (b) US$500.

Nothing in this Section limits liability that cannot be limited under Arizona law.

24. Changes to this Policy

Jaybird may update this Policy as regulations, devices, software, insurance requirements, or operating practices change. The current version is the one shown in your member account and at checkout. Continued use of the Equipment after a change takes effect constitutes acceptance of the updated Policy. Where a change materially reduces your rights, Jaybird will make reasonable efforts to notify you through the member portal or by email under the Electronic Communications & E-Sign Consent.

25. Governing law

This Policy is governed by the laws of the State of Arizona, without regard to its conflict of laws principles. The exclusive venue for any dispute arising out of or relating to this Policy is the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts.

26. Severability, entire agreement, and survival

If any provision of this Policy is held unenforceable, that provision is modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remainder of this Policy remains in full force.

This Policy, together with the documents listed in Section 1.2, constitutes the entire agreement between you and Jaybird regarding use of the Equipment, and supersedes all prior versions of the Simulator Use Policy and all prior oral or written understandings on the same subject. No Jaybird employee, instructor, ambassador, or contractor may waive or vary this Policy except in a writing signed by an authorized Jaybird officer.

The following survive termination of your membership, revocation of instructor approval, or expiry of any related agreement: Sections 12 (logging and records), 17 (audit and monitoring), 19 (no advisory role), 20 (records and retention), 21 (fees and no refund), 22 (indemnification), 23 (limitation of liability), 25 (governing law), and this Section 26.

27. Electronic acceptance

By accepting this Policy at onboarding, at checkout, in your member account, or by using the Equipment after being presented with it, you agree to it and you sign it electronically under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., and applicable Arizona law. You agree that your electronic signature has the same legal effect as a handwritten signature, that records of this Policy may be maintained and produced electronically, and that you have the ability to access, download, and retain a copy. Your consent to electronic records is further described in the Electronic Communications & E-Sign Consent.

Questions: support@jaybirdsims.com