Liability Waiver and Release

Liability Waiver and Release

In consideration of being permitted to enter and use Jaybird Sim Center facilities, equipment, software, and services, you agree as follows:

1. Voluntary participation; assumption of risk

You voluntarily choose to use motion-capable aviation training devices, golf simulators, lounge areas, and related equipment. You understand these activities involve inherent and unanticipated risks including **falls**, **strikes against equipment**, **motion sickness**, **dizziness**, **musculoskeletal injury**, **eye strain**, **seizures triggered by flashing visuals** (where applicable), **electrical hazards**, **fire**, **equipment malfunction**, **serious injury**, and **death**.

You **expressly assume all risks** known and unknown associated with your participation, except solely for claims arising from Jaybird’s **gross negligence** or **willful misconduct** as finally determined by a court of competent jurisdiction.

2. Release

To the fullest extent permitted by Arizona law, you **release, waive, discharge, and covenant not to sue** Jaybird Sim Center, its owners, members, managers, employees, contractors, landlords, equipment vendors, and insurers from any and all liability, claims, demands, actions, or causes of action arising out of or related to your use of the facility or equipment, **including for ordinary negligence**.

3. Simulator is not an aircraft; no real-world reliance

You acknowledge that simulator sessions **do not** constitute flight in an aircraft and **do not** replicate all operational, environmental, physiological, or regulatory conditions of flight.

**You will not rely** on simulator performance as proof that you are safe or legal to operate an aircraft or vehicle in the real world. **You will not attempt** maneuvers or procedures in real operations solely because you practiced them in a simulator.

4. Medical fitness

You represent that you are medically fit to participate and have consulted a physician where appropriate (including for pregnancy, epilepsy, cardiovascular disease, balance disorders, recent surgery, or medications that impair judgment).

5. Alcohol and drugs

You will not use the equipment while impaired by alcohol, cannabis, or illegal drugs, or while using any prescription medication that impairs safe operation.

6. Minors

If you are under 18, your parent or legal guardian must complete any required guardian consent process before you use motion equipment.

7. Photography

Jaybird may capture photography/video in common areas for marketing. You may opt out of identifiable use where offered in the member portal.

8. Electronic signature

By typing your full legal name during onboarding or checkout, you intend to sign this waiver electronically under the U.S. E-SIGN Act and applicable Arizona law.