Identity & Flight Training Disclosure

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, and any successor or additional locations.

I / me / my: the individual accepting this Disclosure. If a parent or legal guardian is accepting on behalf of a minor, “I” includes both the guardian and the minor.

This Disclosure explains Jaybird’s identity, citizenship, and flight-training compliance requirements, records what I am attesting to, and records the consents Jaybird needs in order to lawfully give me access to flight training devices. It supplements the Simulator Use Policy, the Member Simulator Lease & Equipment Use Agreement, the Membership Agreement, the Privacy Policy, and the Terms of Service.

1. Why this Disclosure exists

Federal law regulates who may receive flight training in the United States. Under 49 U.S.C. 44939 and 49 CFR Part 1552, a flight training provider must verify the citizenship or immigration status of every person it trains, must not begin certain training for non-U.S. persons until TSA issues a determination of eligibility, must maintain security awareness training for covered personnel, and must retain records that TSA may inspect.

TSA treats training in a flight simulator or flight training device as flight training. Sitting in a simulator is not automatically flight training — but training toward a certificate, rating, flight review, instrument proficiency check, currency, proficiency, or logbook credit generally is.

Jaybird may provide simulator access, instruction, and training records only when these requirements are satisfied. Providing false or incomplete information may result in immediate termination without refund and referral to federal authorities.

2. Definitions

“Covered Training” means flight training as defined in 49 CFR 1552.3 and, under Jaybird’s stricter internal standard in Section 6, any session having an instructional, currency, proficiency, certificate, rating, flight review, instrument proficiency check, endorsement, or logbook purpose.

“Determination” means a TSA determination of eligibility issued through the Flight Training Security Program for a specific person and a specific category of training.

“FTSP” means the TSA Flight Training Security Program under 49 CFR Part 1552, formerly known as the Alien Flight Student Program.

“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.

“U.S. Person” means a citizen or national of the United States as those terms are used in 49 CFR Part 1552.

3. My citizenship attestation

I am declaring my citizenship status in the Jaybird onboarding flow or member portal. This declaration is a federal attestation, not a preference setting.

I understand and acknowledge the following warning:

Under 49 CFR 1552.19, a false statement about my citizenship can result in a fine or imprisonment under 18 U.S.C. 1001 and 49 U.S.C. 46301, denial of a TSA security threat assessment, and enforcement action under 49 CFR 1540.103.

I declare that my citizenship status is true, complete, and current, and I will update Jaybird promptly and in writing if it changes.

4. Identity verification

4.1 Government photo ID. I will provide government-issued photo identification and accurate biographical information, and I will present the original document when asked.

4.2 In-person capture. For identity and citizenship documents, Jaybird verifies the original document in person and photographs it itself. A photograph or scan that I take and upload is not acceptable as citizenship proof. This is deliberate — verification of an original by a trained person is what the compliance record requires.

4.3 Who may verify me. Jaybird staff may verify any member. An approved Jaybird ambassador instructor may verify me in person in the circumstances Jaybird permits. Some situations — including all non-U.S. Person files — are routed to Jaybird staff for review.

4.4 First-session grace. Jaybird may allow me to book a first session before in-person verification is complete. A further booking will be blocked until verification is complete. I understand this grace is a convenience, not an entitlement, and Jaybird may withdraw it.

4.5 Check-in photograph. Jaybird may take a photograph of me at check-in to confirm that the person present matches the verified file. This photograph is used for identity verification only. See Section 12.

5. Photo ID is not proof of citizenship

I understand that a driver’s licence or state identification card is photo identification only — it is not proof of U.S. citizenship, even if it is REAL ID compliant.

Where citizenship must be established, Jaybird requires evidence acceptable under 49 CFR 1552.7(a)(1). In general:

Jaybird determines which specific documents it will accept and may require additional evidence. Jaybird’s acceptance of a document is an operational decision, not a legal ruling on my status.

6. My session classification commitment

Jaybird applies a conservative standard: if a session has any instructional, training, currency, proficiency, certificate, rating, flight review, instrument proficiency check, endorsement, or logbook purpose, Jaybird treats it as regulated flight training until shown otherwise. This is stricter than the regulation may require, and Jaybird applies it on purpose.

I agree not to use Jaybird equipment for flight training, instruction, certificate or rating training, flight review, IPC, currency, proficiency training, or logged dual instruction unless the session is:

• Booked with the correct training session type
• Approved by Jaybird for that purpose
• Supported by the required identity and citizenship or FTSP documentation
• Conducted with an approved instructor where instruction is provided
• Attributed to an identified responsible flight training provider

I will not mislabel a training session as recreational to avoid a compliance requirement, and I will not ask an instructor to do so. I understand that describing instruction as “informal,” “unlogged,” “a favour,” or “just flying together” does not change what it is.

7. My intended-use declaration

I am recording whether I intend to use Jaybird for recreation, flight training, or both. I understand:

• If I declare recreational only, I can be cleared to fly for fun and personal practice without producing documentary citizenship proof, provided my other checks are satisfied
• If I declare training or both, I must produce documentary citizenship evidence in person before I log training time; Jaybird may allow a first session before I do
• I may change my declaration at any time, and changing it to training will re-open the document requirement
• Booking a session that is actually training while my declaration says recreational is a violation of this Disclosure, not a paperwork error

8. Non-U.S. persons and the FTSP

If I am not a U.S. citizen or national, I understand that:

• I may be able to use Jaybird equipment recreationally once Jaybird’s identity checks are complete
• I may not begin Covered Training until TSA has issued a Determination covering me and that category of training, and it remains valid and unexpired
• I must register as a candidate, submit the required biographical and biometric information to TSA, pay any TSA fee, and complete any required steps in the FTSP portal
• Lawful permanent residents are generally subject to a shorter TSA review than other non-U.S. persons, but must still complete the process
• I must name the responsible flight training provider that will train me
• I must notify Jaybird immediately if my Determination expires, lapses, is withdrawn, or is superseded, and training will stop until a new one issues
• I must complete any TSA-required security awareness steps applicable to me

I agree not to begin Covered Training until Jaybird confirms that FTSP requirements are complete for my status. Jaybird is not responsible for TSA processing times, fees, decisions, or delays, and no Jaybird booking, membership, or payment guarantees that a Determination will issue.

9. Visa and immigration status

Jaybird does not provide immigration or visa advice, and no Jaybird employee, instructor, or partner is authorized to give it.

If I am unsure whether my visa or immigration status permits flight training, I will consult my designated school official (DSO), qualified immigration counsel, or the appropriate DHS or SEVP resource before training. I am solely responsible for ensuring my status permits the training I request, and I will not rely on anything Jaybird says on that subject.

10. Outside instructors and partner schools

If I train with an outside instructor or partner flight school at Jaybird, I understand:

• That party — not Jaybird — is my responsible flight training provider
• That party is separately obligated, under its Independent Instructor & Training Provider Agreement or Simulator Lease & Training Provider Agreement and the TSA Flight Training Security Program Compliance & Flow-Down Addendum, to verify my citizenship and obtain any required Determination
• Jaybird clearing me as a Jaybird member does not clear me as that provider’s student, and I may be asked to provide the same documents twice
• I will cooperate with both Jaybird and that provider, and will not represent to either that the other has already handled a requirement
• Jaybird must record the responsible provider on my session, and a session cannot begin while that field is undetermined

11. Truthfulness and material misrepresentation

I represent that all identity, citizenship, nationality, visa, immigration-status, training-purpose, and instructor information I provide is true, complete, and current. I will correct any inaccuracy promptly.

Material misrepresentation may result in:

• Immediate suspension or termination without refund
• Voiding of training records and refusal to corroborate logbook entries
• Damage, policy, and collection charges
• Loss of door access credentials
• Referral to the FAA, TSA, DHS, or law enforcement
• Civil and criminal liability under 18 U.S.C. 1001 and 49 U.S.C. 46301

12. Consent to collection, use, storage, and disclosure

I consent to Jaybird collecting, photographing, storing, and processing my identity documents, citizenship evidence, immigration-status documents, attestations, photographs, pilot and medical certificates, and related compliance records.

Purpose limitation. Jaybird uses this information only to meet its identity and aviation-security obligations, to operate its verification and booking controls, and to respond to a regulator. Jaybird does not sell this information and does not use it for advertising or profiling.

Photographs. Jaybird captures an onboarding photograph and may capture a check-in photograph. These are stored for human review to confirm that the person present matches the verified file. Jaybird does not generate biometric identifiers or biometric templates from these images and does not perform facial-recognition matching. They are retained under the compliance retention rule in this Section and then destroyed. The Privacy Policy and the Photo, Video & Media Release describe this in more detail.

Disclosure. I consent to Jaybird disclosing this information to: TSA, FAA, DHS, and law enforcement on lawful request; an outside instructor or partner school only to the extent that party’s own compliance obligation for me requires; Jaybird’s auditors, insurers, and legal counsel; and a successor in a business transfer.

Retention. I consent to Jaybird retaining compliance records, signed disclosures, and related documentation for at least five (5) years, and longer where required by law, audit, litigation hold, or regulator direction. I understand that a request to delete my data cannot override this federal retention obligation.

Audit cooperation. I agree to cooperate with Jaybird, partner schools, and regulator audits related to my training access.

13. Booking controls and what happens if something is missing

Jaybird enforces these requirements in software. If a required item is missing, my booking may be blocked or a scheduled session may be stopped. Common outcomes:

A session Jaybird refuses or stops for a compliance reason is treated as a late cancellation caused by me, with no refund and no credit, because Jaybird cannot lawfully deliver it.

14. My continuing obligations

I will:

• Keep my citizenship declaration, intended-use declaration, contact details, and documents current
• Notify Jaybird promptly of any change in citizenship, immigration status, visa, or Determination
• Notify Jaybird within twenty-four (24) hours if I become the subject of a TSA, FAA, DHS, or law-enforcement action relating to aviation
• Present originals for re-verification when a document expires or Jaybird requests it
• Not permit anyone else to use my account, booking, or credentials

15. Indemnification for false or incomplete information

I will defend, indemnify, and hold harmless the Protected Parties from and against any claims, fines, civil penalties, criminal sanctions, investigations, damages, losses, and expenses — including reasonable attorneys’ fees and the cost of responding to a regulator — arising from:

• My false, incomplete, or outdated compliance information
• Any unauthorized or misclassified training activity by me
• Any government penalty assessed against a Protected Party arising from my conduct

The liability caps elsewhere in Jaybird’s documents do not limit this indemnity. This Section survives termination of my membership indefinitely.

16. No regulatory reliance on Jaybird

Jaybird’s approval of a session, acceptance of a document, or issuance of a clearance is an internal operational decision. It is not legal advice, not immigration advice, and not a certification that I meet FAA, TSA, or immigration requirements.

I remain solely responsible for my own compliance, and I will not raise Jaybird’s systems, approvals, or staff statements as a defense to any regulatory issue of mine.

17. Governing law and venue

This Disclosure is governed by the laws of the State of Arizona, without regard to conflict-of-law rules. The parties consent 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.

18. Severability; entire agreement; survival

If any provision is held invalid or unenforceable, it will be reformed to the maximum enforceable extent and the remainder stays in full force.

This Disclosure, together with the Simulator Use Policy, the Member Simulator Lease & Equipment Use Agreement, and the Terms of Service, is the entire agreement regarding identity and flight-training compliance. Sections 11, 12, 15, 16, 17, and this Section survive termination of my membership.

19. Electronic signature

By typing my full legal name, drawing a signature, or clicking to accept in the Jaybird portal, I sign this Disclosure electronically under the E-SIGN Act (15 U.S.C. 7001 et seq.) and the Arizona Electronic Transactions Act (A.R.S. Title 44, Chapter 26). My electronic signature is legally binding to the same extent as a handwritten signature.

Jaybird retains an immutable snapshot of the exact text shown to me at signing, together with the timestamp, IP address, and device information.

Questions: support@jaybirdsims.com