Terms of Service

Terms of Service **Effective date:** the date shown in your member account, onboarding flow, or checkout confirmation. **Operator:** Jaybird Sim Center (“Jaybird,” “we,” “us,” “our”), operating at 2550 N Thunderbird Cir #132, Mesa, Arizona 85215 and any successor or additional locations. **You (“Member,” “User,” “you,” “your”):** the individual or, if applicable, the entity accepting these Terms and its authorized users. By creating an account, checking acceptance boxes, signing electronically, using our website or member portal, entering our premises, or using any simulator, training device, golf bay, lounge, or related equipment, you agree to these Terms, our Privacy Policy, **No Refund Policy**, Liability Waiver, Membership Agreement, Equipment Damage Policy, Cancellation / No-Show Policy, Simulator Use Policy, Identity & Flight Training Disclosure, Door Access Agreement, and other policies published at acceptance. **If you do not agree, do not use our services.** --- ## 1. Definitions **“Facilities”** means Jaybird premises and related areas, including simulator bays, lounges, restrooms, parking, and access-controlled spaces. **“Services”** means membership access, bookings, instruction (where approved), events, portal features, and ancillary offerings. **“Protected Parties”** means Jaybird and 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. --- ## 2. Not professional, flight, legal, medical, or regulatory advice Nothing Jaybird or any Protected Party provides—whether in person, through equipment, software, marketing, staff conversation, AI tools, or digital content—is **legal advice, medical advice, immigration advice, regulatory interpretation, or a substitute for a certificated flight instructor, mechanic, attorney, or other licensed professional**. You alone are responsible for compliance with FAA regulations, TSA/FTSP requirements, your insurance, your employer or school rules, and your medical fitness to fly or operate equipment. --- ## 3. Simulator use is not real-world flight Simulators and training devices **do not replicate** all real-world conditions including weather, turbulence, traffic, terrain, aircraft-specific handling, system failures, physiological stress, spatial disorientation, G-loading, emergency egress, and survivability. You agree that: - Simulator time is permitted only within device limits, any Letter of Authorization (if applicable), and Jaybird policies - **You will not attempt maneuvers or procedures in a real aircraft, vehicle, or operational environment solely because you practiced them in a simulator** unless appropriately supervised, certified, and authorized in the real environment - Jaybird is **not responsible** for real-world decisions you make based on simulator experience --- ## 4. Assumption of risk; serious injury and death Use of aviation training devices, motion simulators, golf simulators, projectors, motion bases, headsets, restraints, stairs, doors, and unattended access (where applicable) involves inherent risks including motion sickness, falls, electrical hazards, fire, equipment malfunction, **serious personal injury**, and **death**. To the fullest extent permitted by Arizona law, you **assume all risks** of using the Facilities except claims arising from Jaybird’s **gross negligence** or **willful misconduct** as finally determined by a court of competent jurisdiction. The **Liability Waiver** contains additional release and indemnity terms. --- ## 5. Account registration; accuracy; security You must provide **accurate, current, and complete** information and keep it updated. You are responsible for safeguarding your credentials, door codes, and portal access. You may not impersonate others, create fraudulent accounts, or share accounts except as expressly allowed for corporate plans in writing. Notify Jaybird immediately of suspected unauthorized access. --- ## 6. Memberships; billing; three-month minimum commitment **6.1 Personal use.** Memberships are personal unless a corporate plan is expressly purchased in writing. Sharing credentials, access codes, or devices is grounds for immediate termination and additional charges. **6.2 Recurring plans.** Paid recurring memberships include a **minimum initial commitment of three (3) calendar months** from the billing anchor date shown in your billing portal unless a different period is displayed at checkout. During the commitment period, self-service cancellation may be disabled and you remain responsible for recurring charges through the commitment period unless Jaybird agrees otherwise in a signed writing. **6.3 Early termination.** Early termination before the commitment ends requires Jaybird’s consent and payment of an **early termination amount** equal to **remaining membership installments** (plus taxes) unless required otherwise by law. Early termination is not guaranteed. **6.4 After commitment.** You may cancel recurring memberships at period end through the portal where enabled, subject to payment of all amounts due. **6.5 No refunds; all sales final.** Jaybird’s **No Refund Policy** is incorporated by reference. Unless mandated by law, **all payments are final and non-refundable**, including membership dues, partial billing periods, unused hours, guest passes, promotional credits, instructor fees, policy fees, damage charges, and termination for cause. Booking entitlement restorations and instructor session credits under the Cancellation Policy are **not cash refunds**. Chargebacks in bad faith are a material breach. **6.6 Failed payments and chargebacks.** Failed, reversed, or disputed payments may cause suspension, termination, and collection. Bad-faith chargebacks are a material breach. --- ## 7. Bookings; cancellations; no-shows Booking, cancellation, instructor fee, and no-show rules are defined in the **Cancellation / No-Show Policy** and your booking confirmation. You agree to those rules as incorporated herein. Repeated late cancellations or no-shows may result in fees, booking restrictions, or membership review. --- ## 8. Equipment damage You are responsible for physical loss and damage to Jaybird and partner equipment caused by misuse, negligence, recklessness, unauthorized modification, prohibited food or liquids, intentional acts, or failure to follow instructions. The **Equipment Damage Policy** governs estimates, billing, and remedies. Normal wear and tear is not chargeable. --- ## 9. Conduct; suspension; termination We may refuse service, suspend access, or terminate membership **immediately** for unsafe conduct, intoxication, harassment, discrimination, illegal activity, credential sharing, uncredentialed instruction, compliance misrepresentation, equipment tampering, abuse of staff or members, or any material breach. Termination for cause does not waive amounts due, damage charges, or indemnity obligations. --- ## 10. Compliance; identity; flight training Simulator training classification, citizenship verification, and FTSP requirements are governed by the **Simulator Use Policy** and **Identity & Flight Training Disclosure**. Misclassified or non-compliant training may be stopped immediately and treated as a material breach. --- ## 11. Door access and security Where unattended access is provided, you must comply with the **Door Access Agreement**. Credential sharing and tailgating are prohibited and may result in termination without refund. --- ## 12. Guests If permitted by your plan, you are responsible for guest conduct, compliance with all policies, and any damage or injury guests cause. --- ## 13. Privacy Our Privacy Policy describes how we collect and use personal information. By using Services, you consent to those practices as updated from time to time where permitted by law. --- ## 14. Intellectual property Jaybird names, logos, software, scenarios, documentation, and site content are protected by intellectual property laws. You may not copy, reverse engineer, scrape, or commercially exploit them without written permission. --- ## 15. Third-party services and partners Jaybird may integrate third-party payment, scheduling, access control, communication, or training partners. Your use may be subject to additional partner terms. Protected Parties are **not responsible** for third-party services outside Jaybird’s reasonable control, except where prohibited by law. --- ## 16. Disclaimer of warranties Services and Facilities are provided **“as is” and “as available.”** Jaybird disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, except where prohibited by law. --- ## 17. Limitation of liability To the fullest extent permitted by Arizona law, Jaybird’s and the Protected Parties’ **aggregate liability** arising from these Terms or your use of Services **shall not exceed** the greater of (a) amounts you paid Jaybird in the **three (3) months** preceding the claim, or (b) **US$500**. Protected 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 our limitations apply to the maximum extent allowed. --- ## 18. Indemnification You will **defend, indemnify, and hold harmless** the Protected Parties from third-party claims, damages, losses, and expenses (including **reasonable attorneys’ fees**) arising from your acts or omissions, your guests, your breach of these Terms or incorporated policies, or your violation of law. This indemnity survives termination. --- ## 19. Disputes; governing law; venue These Terms are governed by **Arizona law** without regard to conflict-of-law rules. You consent to **exclusive jurisdiction and venue** in the state and federal courts of **Maricopa County, Arizona**, except that Jaybird may seek injunctive relief in any competent court. --- ## 20. Force majeure Jaybird is not liable for delay or failure caused by events beyond reasonable control, including outages, acts of God, labor disputes, government orders, pandemics, vendor failures, or equipment failures. --- ## 21. Electronic records; changes You consent to conduct business electronically. We may update these Terms by posting a revised version and, where appropriate, notifying you by email or portal notice. Continued use after the effective date constitutes acceptance except where prohibited by law. If you do not agree to an update, you must stop using Services and cancel as permitted by your Membership terms. --- ## 22. Severability; entire agreement; survival If any provision is invalid, the remainder remains in effect. These Terms, together with incorporated policies, are the entire agreement regarding Services. Payment, indemnity, limitation of liability, release cross-references, and governing law **survive** termination. --- ## 23. Contact Questions: **support@jaybirdsims.com**