TSA Flight Training Security Program Compliance & Flow-Down Addendum

Effective date: the date shown in your instructor, partner, or lease record, or in the onboarding flow at the time you sign.

Operator / Lessor: Jaybird Sim Center (“Jaybird,” “we,” “us,” “our”), 2550 N Thunderbird Cir #132, Mesa, Arizona 85215, and any successor or additional locations.

Provider Party (“you,” “your”): the individual flight instructor, flight school, training center, university aviation program, employer, club, or other organization that delivers, arranges, supervises, endorses, or receives compensation for flight training conducted using Jaybird equipment, and each of its owners, employees, contractors, and instructors.

This Addendum allocates responsibility for compliance with the Transportation Security Administration Flight Training Security Program (“FTSP,” 49 CFR Part 1552, formerly the Alien Flight Student Program) and related federal aviation-security law. It is incorporated by reference into, and forms part of, the Independent Instructor & Training Provider Agreement, the Simulator Lease & Training Provider Agreement, the Simulator Use Policy, the Identity & Flight Training Disclosure, and the Terms of Service. No Provider Party may deliver flight training using Jaybird equipment without a current, signed copy of this Addendum on file.

1. Why this Addendum 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 covered training for certain non-U.S. persons until TSA issues a determination of eligibility, must complete and maintain security awareness training for covered personnel, and must retain records subject to TSA inspection.

Jaybird operates aviation training devices and leases access to them. When you deliver flight training using that equipment, you — not Jaybird — are the responsible flight training provider for your students, unless Jaybird has expressly agreed in a signed writing to act as the responsible provider for a specific student and a specific course of training.

This Addendum makes that allocation explicit, binds you to the underlying federal obligations, and protects Jaybird, its members, and its partners from the consequences of your non-compliance.

2. Definitions

“Candidate” means any person who receives, requests, or is scheduled to receive Covered Training, whether or not that person is a U.S. citizen.

“Covered Training” means flight training as defined in 49 CFR 1552.3, and, under Jaybird’s stricter internal standard described in Section 4, any session having an instructional, currency, proficiency, certificate, rating, flight review, instrument proficiency check, checkride-preparation, endorsement, or logbook purpose — including instruction delivered in a flight simulator or flight training device.

“Determination” means a TSA determination of eligibility, interim determination, or equivalent authorization issued through the FTSP for a specific Candidate and a specific category of training.

“FTSP” means the Flight Training Security Program administered by TSA under 49 CFR Part 1552, including its predecessor and successor programs.

“FTSP Portal” means the TSA-operated system through which flight training providers register, submit Candidate information, record training events, and receive Determinations.

“Jaybird Equipment” means all Jaybird aviation training devices, flight simulators, motion platforms, avionics hardware, software, briefing spaces, and related facilities.

“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.

“Security Coordinator” means the natural person you designate under Section 6 as accountable for your FTSP compliance and as Jaybird’s point of contact for security matters.

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

3. Allocation of regulatory responsibility

3.1 You are the responsible flight training provider. For every Candidate you train, arrange training for, supervise, endorse, or bill, you are the flight training provider for purposes of 49 CFR Part 1552 and you accept every obligation that status carries.

3.2 Jaybird is an equipment lessor, not your compliance department. Jaybird provides access to Jaybird Equipment. Jaybird does not assume, and expressly disclaims, the role of responsible flight training provider for your Candidates. Jaybird’s scheduling system, verification workflow, document storage, and staff checks exist to protect Jaybird’s compliance posture and are not a service performed for your benefit or a substitute for your own program.

3.3 Every booking is attributed. Jaybird records a responsible flight training provider on every session. The permitted values are jaybird_dsa, outside_instructor, outside_school, and undetermined. A session may not begin while the value is `undetermined`. You must confirm the attribution before each session and must immediately correct any attribution you know or suspect to be wrong.

3.4 Written exception only. Jaybird acts as the responsible flight training provider only where a Jaybird-employed or Jaybird-approved instructor delivers the training under a Jaybird booking classified as cert_rating_training_jaybird, or where Jaybird has agreed in a signed writing naming the specific Candidate and course. No oral statement, email, portal note, or course of dealing shifts provider responsibility to Jaybird.

3.5 Joint sessions. If a session involves both a Jaybird instructor and your personnel, the parties will identify the single responsible provider in writing before the session. Absent a written identification, you are the responsible provider for any Candidate you introduced, referred, enrolled, supervised, endorsed, or billed.

4. Jaybird’s conservative classification standard

Jaybird applies a standard that is deliberately stricter than 49 CFR Part 1552 requires. If a session has any instructional, currency, proficiency, certificate, rating, flight review, instrument proficiency check, endorsement, or logbook purpose, Jaybird treats it as regulated flight training until you demonstrate otherwise to Jaybird’s satisfaction.

You agree to operate under Jaybird’s standard while using Jaybird Equipment, even where you believe the regulation itself would permit a narrower reading. You may not rely on a narrower interpretation of “flight training” to avoid an obligation in this Addendum.

You may not use a recreational, discovery, demonstration, self-practice, or event booking to deliver anything that would be Covered Training. Doing so is a material breach and triggers Section 14.

5. Your core compliance obligations

You represent, warrant, and covenant that, at all times while this Addendum is in effect, you will:

• Register and maintain provider status. Hold and maintain an active flight training provider registration and FTSP Portal account in good standing, and provide Jaybird with your provider account reference on request.
• Verify citizenship before training. Before any Candidate begins Covered Training, verify that Candidate’s citizenship or immigration status using documents acceptable under 49 CFR 1552.7, by physically inspecting the original document and making and retaining a copy.
• Obtain a Determination before non-U.S. training. Not permit any Candidate who is not a U.S. Person to begin Covered Training until TSA has issued a Determination covering that Candidate and that category of training, and the Determination remains valid and unexpired.
• Record training events. Create, submit, and maintain FTSP training events and associated photographs and records for each covered Candidate as and when the program requires.
• Complete security awareness training. Ensure that every employee, contractor, and instructor of yours who has direct contact with Candidates completes initial and recurrent security awareness training consistent with 49 CFR 1552.23, and retain proof.
• Attest truthfully. Ensure that every Candidate attestation you collect is complete and truthful, and deliver to each Candidate the false-statement warning arising under 49 CFR 1552.19, 18 U.S.C. 1001, and 49 U.S.C. 46301.
• Retain records. Retain all citizenship evidence, attestations, Determinations, training events, endorsements, and security awareness records for at least five (5) years, and longer where any law, audit, investigation, litigation hold, or TSA direction requires.
• Comply generally. Comply with 49 CFR Part 1552, 49 CFR 1540.103, all other applicable TSA and DHS requirements, 14 CFR Part 61 and, where applicable, Parts 141 and 142, and all Jaybird policies.
• Screen your own staff. Not permit any person to instruct Candidates on Jaybird Equipment whose FAA certificate is expired, suspended, or revoked, or who is subject to an adverse TSA or DHS determination.

6. Security Coordinator

You must designate a named Security Coordinator and keep that designation current in Jaybird’s records, including name, direct telephone number, and email address.

The Security Coordinator must be an individual with actual authority to stop a session, produce records, and respond to a regulator. You must notify Jaybird of any change within five (5) business days. Jaybird may treat any notice delivered to the Security Coordinator on file as notice to you.

7. Per-session preconditions

Before each session in which you deliver Covered Training on Jaybird Equipment, you must confirm all of the following. Booking a session is your representation that every item is true.

If you cannot confirm every item, you must not begin the session. Contact Jaybird instead. A session Jaybird stops for a compliance failure is treated as a late cancellation caused by you under the Cancellation and No-Show Policy, with no refund and no credit.

8. Non-U.S. Candidates

You acknowledge that a non-U.S. Person may use Jaybird Equipment recreationally once Jaybird’s own identity checks are satisfied, but may not receive Covered Training until a valid Determination is in place.

You must:

• Identify to Jaybird, before booking, that a Candidate is not a U.S. Person
• Provide the Candidate’s Determination reference and expiry date on request
• Stop training immediately if a Determination lapses, expires, is withdrawn, or is superseded
• Not resume training until a new Determination is issued
• Not rely on a Candidate’s self-description of status without documentary verification

Jaybird does not provide immigration or visa advice, and neither do you on Jaybird’s behalf. You will direct Candidates with status questions to their designated school official, qualified immigration counsel, or the appropriate DHS or SEVP resource.

9. Documents that do and do not prove citizenship

You acknowledge and will teach your personnel that a driver’s licence or state identification card is photo identification only and is not proof of U.S. citizenship.

You will accept only documents acceptable under 49 CFR 1552.7, will inspect the original, and will not accept a photograph or scan supplied by the Candidate as the primary citizenship evidence.

Where Jaybird performs its own verification of a Jaybird member, Jaybird photographs the original document in person. Jaybird’s verification of a person as a Jaybird member does not verify that person as your Candidate and does not discharge your obligation under Section 5.

10. Records, audit, and inspection

10.1 Jaybird may audit. Jaybird may audit your compliance with this Addendum at any time on five (5) business days’ written notice, or immediately and without notice where Jaybird reasonably suspects a compliance failure, receives a regulator inquiry, or is directed by TSA, FAA, DHS, or law enforcement.

10.2 Production on demand. On Jaybird’s request you will produce, within two (2) business days (or immediately where a regulator has made the demand), copies of: Candidate citizenship evidence and attestations; Determinations; FTSP training event records; security awareness training records; instructor certificates and currency; insurance certificates; and session-to-Candidate mapping records.

10.3 Regulator access. You will cooperate fully and promptly with any TSA, FAA, DHS, or law-enforcement inspection, audit, or request concerning training conducted on Jaybird Equipment, and will not obstruct, delay, or discourage such access.

10.4 Notice of regulatory contact. You will notify Jaybird’s Security Coordinator within twenty-four (24) hours of becoming aware of: any TSA, FAA, or DHS inspection, audit, investigation, subpoena, or enforcement action touching training conducted on Jaybird Equipment; any adverse Determination or withdrawal of a Determination for a Candidate you have trained or scheduled at Jaybird; any suspension, revocation, or surrender of your provider registration or of an instructor certificate; and any suspected false statement by a Candidate.

10.5 Litigation hold. On notice of any actual or reasonably anticipated investigation, claim, or proceeding, you will immediately preserve all related records and suspend any routine deletion.

10.6 Survival. Your obligations under this Section survive termination for five (5) years, or longer where a law, hold, or regulator direction requires.

11. Representations and warranties

You represent and warrant, as of the date you sign and again on each session you book, that:

• You have full authority to enter into this Addendum and to bind the organization you represent
• Your provider registration, instructor certificates, and, where applicable, medical certificates are current, valid, and unrestricted
• No TSA, FAA, DHS, or law-enforcement action is pending or threatened against you that would affect your eligibility to deliver flight training
• You have never had a flight training provider registration or instructor certificate revoked, other than as disclosed to Jaybird in writing before signing
• Every statement you or your personnel make in Jaybird’s systems is true, complete, and current
• You maintain a written internal process reasonably designed to achieve the obligations in Section 5

Each representation is material. Jaybird is relying on each one in granting access to Jaybird Equipment.

12. Insurance

12.1 Organizational lessees. If you are a flight school, training center, university program, or other organization signing the Simulator Lease & Training Provider Agreement, you will maintain, at your own expense, with insurers rated A- VII or better by A.M. Best and licensed in Arizona, at minimum:

You will name Jaybird Sim Center as an additional insured on the general liability and professional liability policies, will provide a certificate of insurance before your first session and on each renewal, and will give Jaybird thirty (30) days’ notice of cancellation, non-renewal, or material reduction. Your coverage is primary and non-contributory with respect to claims arising from your training activity, and your insurers waive subrogation against the Protected Parties to the extent permitted by law. Failure to maintain required insurance suspends your access immediately and automatically.

12.2 Independent instructors. An individual certificated flight instructor signing the Independent Instructor Simulator Lease is not required to carry the coverages in Section 12.1 as a condition of using Jaybird Equipment. Insurance is recommended. Absence of a policy does not reduce your indemnity, damage, or compliance obligations.

13. Indemnification and penalty pass-through

13.1 Indemnity. You will defend, indemnify, and hold harmless the Protected Parties from and against any and all claims, demands, actions, investigations, proceedings, civil penalties, criminal fines, sanctions, assessments, judgments, settlements, losses, damages, and expenses — including reasonable attorneys’ fees, expert fees, consultant fees, investigation costs, and the cost of responding to a regulator — arising out of or relating to:

• Your failure, or the failure of any of your personnel, to comply with 49 CFR Part 1552 or any other federal aviation-security requirement
• Covered Training you delivered or permitted without a required Determination or citizenship verification
• Any misclassification of a session, whether by you, your personnel, or a Candidate acting at your direction or with your knowledge
• Any false, incomplete, or misleading statement by you, your personnel, or your Candidate
• Any act, omission, injury, or property damage caused by you, your personnel, or your Candidate at Jaybird
• Your breach of any representation, warranty, or covenant in this Addendum

13.2 No cap. The limitation of liability in the Terms of Service, the Membership Agreement, and any other Jaybird document does not apply to your obligations under this Section 13. Your indemnity is uncapped.

13.3 Penalty pass-through. If any government authority assesses a civil penalty, fine, or sanction against any Protected Party, or imposes a corrective action plan, consent order, or monitoring obligation, and the assessment arises in whole or in part from your act or omission, you will reimburse the full amount — including the cost of compliance with any imposed remedial obligation — within thirty (30) days of Jaybird’s written demand with supporting documentation.

13.4 Defense. Jaybird may, at its option, control the defense of any matter for which you owe indemnity, using counsel of its choosing at your expense, where the matter involves a regulator, a criminal referral, Jaybird’s licences or approvals, or reputational exposure to Jaybird. You will not settle any matter in a way that admits fault by a Protected Party, imposes an obligation on a Protected Party, or affects a Protected Party’s regulatory standing, without Jaybird’s prior written consent.

13.5 Survival. This Section survives termination indefinitely.

14. Liquidated damages for unauthorized Covered Training

The parties acknowledge that unauthorized Covered Training exposes Jaybird to regulatory penalties, loss of partner relationships, and reputational harm that are real but difficult to quantify precisely at the time of contracting.

Accordingly, for each session in which you deliver or permit Covered Training in violation of Section 4, Section 5, or Section 7, you will pay Jaybird liquidated damages of US$10,000 per session, which the parties agree is a reasonable pre-estimate of Jaybird’s loss and not a penalty.

Liquidated damages under this Section are in addition to, and not in place of, your indemnity under Section 13, any government penalty pass-through, and Jaybird’s right to injunctive relief and termination.

15. Suspension and termination

15.1 Immediate suspension. Jaybird may suspend your access, cancel your bookings, and stop any session immediately and without notice where Jaybird reasonably believes a compliance failure has occurred or is about to occur, where required records are not produced, where insurance lapses, or where a regulator so directs.

15.2 Termination for cause. Jaybird may terminate this Addendum and every related agreement immediately for any material breach, including any breach of Sections 4, 5, 7, 8, 10, 11, or 12.

15.3 No refund. Suspension or termination under this Section does not entitle you to any refund, credit, or compensation, and does not relieve you of amounts owed, indemnity obligations, or record-retention duties. Jaybird’s No Refund Policy applies.

15.4 Notification of others. Jaybird may notify affected members, partner schools, insurers, and, where Jaybird believes in good faith that a legal obligation or public-safety interest exists, the FAA, TSA, DHS, or law enforcement. You waive any claim against the Protected Parties arising from a good-faith notification.

16. Independent status; no agency

You are an independent instructor and equipment lessee, not an employee, independent contractor, partner, joint venturer, or agent of Jaybird. Nothing in this Addendum creates a partnership, joint venture, employment relationship, franchise, or independent-contractor relationship with Jaybird. Ambassadors who separately qualify may have an independent-contractor relationship with Jaybird only for promotional or referral work, under that program’s terms.

You have no authority to bind Jaybird, to hold yourself out as Jaybird’s flight school, to represent that Jaybird has approved a Candidate for training, or to state or imply that Jaybird is the responsible flight training provider for your Candidates. You are solely responsible for your own taxes, withholding, benefits, and personnel.

17. No reliance on Jaybird

Jaybird’s systems, checks, prompts, dashboards, document storage, staff comments, and approvals are operational tools, not legal advice and not a compliance guarantee.

Jaybird’s approval of a booking, acceptance of a document, or issuance of a member clearance does not certify that a Candidate satisfies FAA, TSA, or immigration requirements, and does not transfer any obligation from you to Jaybird. You may not raise Jaybird’s systems, approvals, or staff statements as a defense to your own non-compliance.

18. Confidentiality and data protection

Candidate identity documents, citizenship evidence, and Determinations are sensitive personal information. You will:

• Collect and use them only as federal law requires
• Restrict access to personnel with a genuine need
• Store them securely with access controls
• Not disclose them except to a regulator, to Jaybird under this Addendum, or as law requires
• Not use them for marketing, profiling, or any secondary purpose
• Destroy them securely at the end of the retention period
• Notify Jaybird within twenty-four (24) hours of any suspected or actual unauthorized access affecting a Candidate who trained at Jaybird

Jaybird’s Privacy Policy describes Jaybird’s own handling of this data.

19. Changes to this Addendum

Federal aviation-security requirements change. Jaybird may publish an updated version of this Addendum and require you to accept it as a condition of continued access.

Jaybird will give reasonable notice through the portal or by email to your Security Coordinator. Continued use of Jaybird Equipment after the effective date constitutes acceptance. If you do not accept an update, you must stop using Jaybird Equipment; your record-retention, indemnity, and cooperation obligations continue.

20. Governing law; venue; equitable relief

This Addendum 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.

The parties agree that a breach of Sections 4, 5, 7, 8, or 10 would cause irreparable harm for which money damages alone are inadequate, and that Jaybird is entitled to injunctive and equitable relief without posting a bond, in addition to every other remedy.

21. Severability; entire agreement; survival

If any provision is held invalid or unenforceable, it will be reformed to the maximum enforceable extent consistent with the parties’ intent, and the remaining provisions stay in full force.

This Addendum, together with the Independent Instructor & Training Provider Agreement, the Independent Instructor Simulator Lease, or the Simulator Lease & Training Provider Agreement (as applicable), the Simulator Use Policy, and the Terms of Service, is the entire agreement on federal aviation-security compliance and supersedes any prior understanding. Where this Addendum conflicts with another Jaybird document on a compliance subject, this Addendum controls.

Sections 5 (retention), 10, 11, 13, 14, 16, 17, 18, 20, and this Section survive termination.

22. Electronic signature

By typing your full legal name, drawing a signature, or clicking to accept in the Jaybird portal, you sign this Addendum 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). Your electronic signature is legally binding to the same extent as a handwritten signature.

If you sign on behalf of an organization, you represent that you are authorized to bind that organization and that it is bound by every obligation in this Addendum.

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

Questions: support@jaybirdsims.com