Terms of Service

Terms of Service

**Effective date:** the date shown in your member account and/or checkout confirmation.

**Operator:** Jaybird Sim Center ("Jaybird," "we," "us," "our"), operating at 2550 N Thunderbird Cir #132, Mesa, Arizona 85215 and related facilities.

**You:** the individual or entity accepting these Terms ("Member," "you," "your").

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, our Liability Waiver, Membership Agreement, Equipment Damage Policy, and Cancellation / No-Show Policy, each as published from time to time. If you do not agree, do not use our services.

1. Not professional, flight, legal, medical, or regulatory advice

Nothing we provide—whether in person, in a simulator, through software, through staff conversation, through marketing materials, or through any AI or digital assistant—is legal advice, medical advice, regulatory interpretation, or a substitute for a certificated flight instructor, mechanic, air traffic control, or other licensed professional.

You alone are responsible for compliance with FAA regulations, your insurance, your aircraft operator rules, and any employer or school requirements.

2. Simulator use is not real-world flight; do not attempt simulator-only practices in an aircraft

Simulators, training devices, and related equipment **do not replicate** all real-world flight conditions including, without limitation: 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 for training, proficiency, and entertainment only within the scope permitted by the device, its Letter of Authorization (if any), and Jaybird policies. - **You will not attempt maneuvers, profiles, or procedures in a real aircraft, vehicle, or operational environment solely because you practiced them in a simulator**, unless and until you have received appropriate supervision, certification, and authorization for those operations in the real environment. - **Jaybird is not responsible** for any decision you make in an aircraft or elsewhere based on anything you saw, heard, practiced, or believed while using our equipment or facilities.

3. Assumption of risk; serious injury and death

Use of aviation training devices, motion-based simulators, golf simulators, projectors, motion bases, headsets, restraints, stairs, ramps, doors, and 24/7 unattended access (where applicable) involves inherent risks including, without limitation: motion sickness, falls, striking fixed objects, electrical hazards, fire, equipment malfunction, **serious personal injury**, and **death**.

To the fullest extent permitted by Arizona law, you **assume all risks** associated with your voluntary use of the facility except solely for claims arising from our **gross negligence** or **willful misconduct** as finally determined by a court of competent jurisdiction.

4. Memberships, billing, and the three-month minimum commitment

**4.1 Personal use.** Memberships are personal unless a corporate plan is expressly purchased in writing. Sharing credentials, access codes, or access devices is grounds for immediate termination and additional charges.

**4.2 Recurring plans.** Paid recurring memberships include a **minimum initial commitment of three (3) calendar months** measured from the billing anchor date established by our payment processor (typically the subscription start or trial conversion date shown in your billing portal).

During the minimum commitment:

- **Self-service cancellation may be disabled** in the billing portal to prevent accidental cancellation inconsistent with these Terms. - You remain responsible for all recurring charges through the end of the commitment period unless we agree otherwise in a signed writing.

**4.3 Early termination.** If you request to end a recurring membership before the commitment period ends, we may, in our discretion, agree to early termination conditioned on payment of an **early termination amount** equal to the **remaining membership installments** for the commitment period at your then-current rate (plus applicable taxes), unless a different amount is required by law. Early termination is not guaranteed and may be administratively declined during peak demand.

**4.4 After the commitment period.** You may cancel recurring memberships at the end of a billing period through the billing portal where enabled, subject to successful payment of all amounts due.

**4.5 No refunds except as required by law.** Unless mandated by applicable law, **payments are non-refundable**, including for partially used billing periods, unused hours, unused guest passes, or unused promotional credits.

**4.6 Failed payments.** Failed or disputed payments may result in suspension of access, termination, and collection efforts, plus any fees permitted by law.

5. Equipment damage, repair, and replacement

You are responsible for **physical loss and damage** to Jaybird equipment, simulators, bays, furnishings, and fixtures caused by your **misuse, negligence, recklessness, unauthorized modification, food or liquid spills where prohibited, intentional acts, or failure to follow staff instructions or posted rules**.

You agree to pay the **reasonable documented cost** to repair or replace damaged items, including labor, parts, shipping, and third-party service fees. Normal wear and tear is not chargeable. We may charge the payment method on file or invoice you for documented amounts.

6. Conduct, termination, and access

We may refuse service, revoke access, or terminate membership for unsafe conduct, harassment, intoxication, illegal activity, breach of these Terms, or abuse of staff or members.

7. Limitation of liability

To the fullest extent permitted by Arizona law, Jaybird's aggregate liability arising out of or relating to these Terms or your use of the facility **shall not exceed** the greater of (a) the amounts you paid to Jaybird in the three (3) months preceding the claim, or (b) five hundred U.S. dollars (US$500).

We 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 such cases our limitations apply to the maximum extent allowed.

8. Indemnity

You will defend, indemnify, and hold harmless Jaybird and its owners, managers, employees, contractors, and insurers from third-party claims, damages, and expenses (including reasonable attorneys' fees) arising from your acts or omissions, your guests (if permitted), your violation of these Terms, or your violation of law.

9. Disputes; governing law; venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. You consent to the **exclusive jurisdiction and venue** of the state and federal courts located in Maricopa County, Arizona, except that Jaybird may seek injunctive relief in any court of competent jurisdiction.

10. 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.

11. Contact

Questions: support@jaybirdsims.com