Liability Waiver and Release

Effective date: the date shown in your member account, onboarding flow, or checkout confirmation.

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

You (“Participant,” “you,” “your”): the individual signing this Waiver, and if applicable, the parent or legal guardian signing on behalf of a minor.

READ THIS — YOU ARE GIVING UP LEGAL RIGHTS. This is a legally binding release of liability, an assumption of risk, a covenant not to sue, and an indemnity agreement. By signing it you agree that you will not sue Jaybird Sim Center or the other Released Parties identified below for injury, illness, disability, death, property loss, or economic loss connected to your presence at the facility or your use of Jaybird equipment or services — including claims based on the ordinary negligence of a Released Party. You are giving up your right to file a lawsuit, to have a jury decide those released claims, and to recover money for them. You are also agreeing to pay Jaybird’s defense costs if you bring a claim you released. This Waiver binds you, your spouse, your heirs, your estate, and anyone claiming through you. If you do not agree to every part of this Waiver, do not sign it, do not enter the facility, and do not use any equipment. Nothing in this Waiver releases a Released Party from liability for gross negligence, willful or wanton misconduct, or any liability that Arizona law does not permit to be released.

In consideration of being permitted to enter Jaybird premises, use Jaybird facilities, equipment, software, and services, and to participate in any related activities, and in consideration of the availability of memberships, bookings, instruction, guest access, and after-hours access, you agree as follows:

1. Definitions

“Activities” means any use of Jaybird facilities or services, including without limitation: aviation training devices (including the Redbird FMX (AATD) and Gleim/BATD devices), flight simulators, motion bases and motion platforms, control loading hardware, avionics panels, projectors and projection systems, VR/AR headsets, headsets, restraints, controls, software and scenario content, golf simulators, briefing rooms, the lounge and café, common areas, restrooms, corridors, parking areas, stairs, ramps, doors, unattended or after-hours access (where applicable), instruction (if booked and approved), events, demonstrations, tours, open-house sessions, competitions, and any ancillary services.

“Released 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.

“Claims” means any and all liabilities, claims, demands, actions, suits, causes of action, proceedings, judgments, damages, losses, costs, and expenses of every kind and nature, whether known or unknown, foreseen or unforeseen, matured or unmatured, asserted or unasserted, whether arising in contract, tort (including negligence), warranty, strict liability, statute, regulation, equity, or otherwise.

“Facility” means the premises identified above, including all leased and common areas, parking, and any successor or additional Jaybird location.

“Session” means any booked or walk-in period during which you occupy or operate Equipment or otherwise participate in the Activities.

“Outside instructor” means a certificated flight instructor or training provider who is not employed by Jaybird and who operates at the Facility under an Independent Instructor & Training Provider Agreement, a Simulator Lease & Training Provider Agreement, or another written arrangement with Jaybird.

2. Voluntary participation and right to decline

You voluntarily choose to participate in the Activities. No one is forcing you to enter the Facility or use the equipment. Participation is a discretionary, recreational, and educational choice you make for your own benefit and enjoyment.

You have had the opportunity to ask questions, to inspect the Facility and the equipment, to request a briefing, and to consult an attorney or a physician before signing. You are not relying on any oral statement, marketing claim, or representation that is not written in this Waiver or in another signed Jaybird agreement.

If at any moment you decide that a Session, a device, a scenario, a motion profile, or a facility condition is beyond your comfort, ability, or medical tolerance, you may stop and leave. Jaybird encourages you to do so, and stopping a Session for safety reasons will never be treated as misconduct.

If you do not agree to this Waiver in full, do not enter the Facility and do not use any equipment. Signing this Waiver is a condition of access, and no Jaybird employee, contractor, or outside instructor has authority to waive it, vary it, or promise you that it will not be enforced.

3. Assumption of risk

You understand that the Activities involve inherent, serious, and unanticipated risks. Some risks are obvious; others are not. Some can be reduced by care and training; none can be eliminated. You have read the risk categories below, you understand them, and you expressly, knowingly, and voluntarily assume all of them, both known and unknown, except solely for Claims arising from a Released Party’s gross negligence or willful misconduct as finally determined by a court of competent jurisdiction.

The catalog below is illustrative and not exhaustive. The absence of a specific hazard from this list does not mean you have not assumed it.

3.1 Motion, vestibular, and balance risks

Motion platforms move without warning, can travel through their full range, and can stop abruptly. Actuators may fault, an emergency stop may lower the platform quickly, and the device may settle unevenly. Entering or exiting a raised or moving platform is hazardous. You agree to board and exit only when the platform is fully lowered and only when directed, to use handholds and steps, and to keep hands, feet, hair, clothing, lanyards, and personal items clear of pinch points, gaps, actuators, and moving structure.

3.2 Visual and neurological risks

Projected imagery, high-contrast scenes, night and weather scenarios, instrument lighting, and VR/AR head-mounted displays can produce flashing, flicker, rapid scene change, and visual-vestibular conflict. A small percentage of people experience photosensitive epileptic seizures or other adverse neurological reactions when exposed to flashing lights or patterns, even with no personal or family history of seizures. Warning signs include lightheadedness, altered vision, eye or facial twitching, jerking or shaking of arms or legs, disorientation, confusion, and momentary loss of awareness. If you experience any of these, stop the Session immediately, remove any headset, notify staff if present, and seek medical attention.

3.3 Musculoskeletal and impact risks

Cockpits and enclosures are confined. Control loading hardware can generate substantial forces, including sudden reversals and stall or runaway-trim forces. Rudder pedals, yokes, sidesticks, throttle quadrants, seat rails, harnesses, canopies, doors, and overhead structure present strike, pinch, crush, and laceration hazards. Extended Sessions in fixed posture can cause strain, numbness, and repetitive-stress injury.

3.4 Cardiovascular and general medical risks

Realistic scenarios, time pressure, startle events, and evaluation stress can raise heart rate and blood pressure. The Activities may precipitate or aggravate cardiac, respiratory, metabolic, neurological, or vascular conditions. Emergency medical response time to the Facility is outside Jaybird’s control and may be longer during after-hours or unattended access.

3.5 Environmental risks — Arizona heat, HVAC, and power

The Facility is located in the Phoenix metropolitan area, where outdoor temperatures regularly exceed 110°F and where surfaces, vehicles, and parking areas can reach dangerous temperatures. Simulator bays contain heat-generating computing, projection, and motion hardware. HVAC systems can fail, degrade, or be taken out of service, and interior temperatures can rise quickly when they do. Utility power can be interrupted, and a power loss during an unattended or after-hours Session may leave you in a dark facility with non-functioning equipment, reduced ventilation, non-functioning powered door hardware, and no staff present. You assume the risks of heat illness, dehydration, heat stroke, loss of lighting, loss of climate control, loss of network connectivity, elevator or door-hardware failure, and delayed egress or assistance. You agree to hydrate, to monitor yourself and anyone with you, to leave the Facility if conditions become unsafe, and to call 911 in an emergency.

3.6 Electrical, fire, and equipment-failure risks

The Activities involve mains and low-voltage electrical systems, high-current power supplies, high-performance computing hardware, projector lamps, lithium batteries, and extensive cabling. Hardware, software, motion systems, restraints, interlocks, emergency stops, and safety systems can fail, and no safety system is guaranteed to operate as intended. You assume the risk of shock, burns, smoke, fire, alarm activation, evacuation, and injury arising from equipment malfunction, design defect, manufacturing defect, latent defect, maintenance error, or failure to warn.

3.7 Security risks

Where your plan includes door codes, PINs, credentials, or unattended access, you accept that after-hours use materially increases risk. Other members, guests, outside instructors, contractors, delivery personnel, and trespassers may be present or may gain entry, including by tailgating or by using a propped or malfunctioning door. Jaybird does not provide security guards, does not continuously monitor cameras, and does not warrant that any lock, PIN, camera, alarm, or access-control system (including Seam/Kwikset door hardware) will function or will prevent unauthorized entry. You assume the risks of theft, vandalism, harassment, confrontation, assault, battery, and other criminal acts by third parties.

3.8 Communicable disease risks

Headsets, yokes, throttles, switches, seats, restraints, tables, café surfaces, and restrooms are shared. Cleaning and sanitizing are performed on a best-effort operational basis and are not represented as medical-grade disinfection. You assume the risk of exposure to and transmission of communicable illness, including airborne, droplet, and contact-transmitted disease, and you agree not to enter the Facility while you have a known active communicable illness.

3.9 Personal property risks

Bays, lockers, hooks, and lounge areas are not secure storage. Jaybird provides no bailment, custody, or safekeeping service. You assume the risk of theft, loss, misplacement, and damage to phones, tablets, laptops, headsets, kneeboards, logbooks, flight bags, keys, eyewear, clothing, and vehicles parked at or near the Facility.

3.10 Psychological and stress-related risks

Simulated emergencies — engine failures, fires, smoke, control failures, terrain and traffic warnings, weather encounters, loss of control, and crash outcomes — are designed to be realistic and can be genuinely stressful. Sessions may include recorded debriefs, performance scoring, instructor critique, and observation by others. You assume the risk of anxiety, startle, embarrassment, distress, intrusive recollection, and aggravation of any pre-existing psychological or trauma-related condition, and you agree to disclose any condition that makes realistic emergency scenarios inadvisable for you.

3.11 Unknown and unanticipated risks

You understand that this Waiver covers risks that are not currently known or anticipated by you or by Jaybird, including risks arising from new equipment, new software, new scenario content, facility changes, third-party conduct, and circumstances no party can foresee. You assume those risks to the same extent as the risks expressly listed.

These risks may arise from your own actions, the actions of others, equipment failure, facility conditions, or events beyond anyone’s control.

4. Simulator sickness, cybersickness, and aftereffects

4.1 What can happen

Simulators, motion platforms, projection domes and screens, and VR/AR headsets can cause simulator sickness (also called cybersickness), which results from conflict between what your eyes see and what your inner ear senses. Symptoms include nausea, vomiting, sweating, pallor, salivation, dizziness, vertigo, spatial disorientation, drowsiness, fatigue, headache, eye strain, blurred vision, difficulty focusing, altered depth perception, reduced hand-eye coordination, slowed reaction time, and postural instability.

4.2 Aftereffects persist after the Session ends

You specifically acknowledge that these effects can persist, recur, or first appear after you leave the simulator and after you leave the Facility. Recognized aftereffects include delayed vertigo, sudden loss of balance, flashbacks or illusory sensations of motion, impaired depth perception and distance judgment, degraded visual accommodation, and reduced situational awareness. Aftereffects can appear minutes or hours later, can be worsened by fatigue, dehydration, alcohol, heat, medication, or illness, and can occur even if you felt fine during the Session.

4.3 You agree not to operate anything until symptoms fully resolve

You expressly agree that you will not drive a motor vehicle, act as pilot in command or as a required crewmember, operate a motorcycle or bicycle in traffic, operate machinery or power tools, or engage in any other activity in which impaired balance, vision, coordination, or judgment could cause harm, until every symptom and aftereffect has completely resolved. If you are unsure whether your symptoms have resolved, treat them as unresolved.

4.4 Recommended wait — guidance only

As general guidance and not a guarantee, medical advice, or a safe-harbor standard, Jaybird suggests that you sit, rest, hydrate, and remain at the Facility or in a safe location for a period after a motion or VR Session before driving or operating anything, and longer if any symptom is present. A commonly used reference point in aeromedical practice is a wait of roughly fifteen to thirty minutes after a fixed-base Session and longer after a motion or head-mounted-display Session. These are not thresholds of safety. Individual susceptibility varies widely, and only you can judge your own condition. No wait period makes it safe to operate anything while any symptom remains.

4.5 Your responsibility

You are solely responsible for deciding whether you are fit to leave, to drive, and to operate any vehicle, aircraft, or machinery. You release the Released Parties from all Claims arising from simulator sickness, cybersickness, aftereffects, and any incident, accident, injury, or damage occurring after you leave the Facility that is caused or contributed to by those effects, including harm to you and harm to third parties. If you cause harm to a third party after a Session, your indemnity obligations in Section 10 apply.

5. Negative training and transfer of learning

You acknowledge and agree that:

• Simulator practice can produce negative transfer of learning — habits, expectations, control inputs, scan patterns, and decision heuristics that are effective in a training device but are incorrect, unsafe, or dangerous in a real aircraft or vehicle.
• Device handling is not aircraft handling. Control forces, control feel, breakout forces, trim behavior, stall and buffet cues, crosswind and gust response, ground handling, engine response, avionics behavior, and system logic in a training device differ — sometimes materially — from any specific real airframe.
• Training devices provide limited or absent motion, G-loading, peripheral vision, vestibular, tactile, olfactory, and auditory cues. The absence of these cues can train you to rely on cues that will not be present in flight, or to ignore cues that will be.
• Repeated exposure to simulated emergencies can create inappropriate complacency, unrealistic confidence in your own reaction time, and expectation bias about how an emergency will begin, unfold, and resolve.
• Practicing a maneuver, approach, failure, or profile in a simulator does not make you proficient, current, authorized, or safe to attempt it in an aircraft.

You agree that you will not treat simulator proficiency as real-world proficiency. You will not attempt any maneuver, procedure, approach, minimum, weather condition, or emergency profile in a real aircraft or vehicle solely because you practiced it at Jaybird, and you will obtain appropriate instruction, supervision, evaluation, endorsement, and authorization in the real environment first. Where you seek credit under 14 CFR Part 61 (including 14 CFR 61.51, 61.56, and 61.57) or guidance such as FAA AC 61-136, you are responsible for confirming eligibility, device authorization, instructor qualification, and logging accuracy. Jaybird does not certify your proficiency and does not endorse you for any real-world operation.

6. Release, waiver, and discharge of Claims

6.1 Scope of the release

To the fullest extent permitted by Arizona law, you release, waive, discharge, and forever hold harmless the Released Parties from any and all Claims arising out of or related to:

• Your entry onto, presence at, or departure from Jaybird premises, including parking, walkways, and common areas
• Your participation in the Activities, whether supervised, unsupervised, attended, or after-hours
• Any injury, illness, disability, death, property damage, or economic loss you suffer or cause
• Equipment malfunction, design defect, manufacturing defect, latent defect, maintenance error, failure to inspect, failure to maintain, or failure to warn
• Facility conditions, including flooring, lighting, temperature, ventilation, power, water, and door hardware
• Acts or omissions of outside instructors, flight schools, training providers, partner organizations, other members, guests, contractors, vendors, and trespassers
• Any decision you make before, during, or after using Jaybird equipment or facilities, including decisions to fly, drive, or operate machinery
• Any inadequacy, error, omission, or interruption in scheduling, notification, access control, or software systems, including systems operated by third-party vendors

This release applies to Claims you may have against Released Parties even if you have not yet discovered the injury, illness, damage, or Claim at the time you sign.

6.2 Ordinary negligence is expressly released

You specifically intend this release to cover Claims caused in whole or in part by the ordinary negligence of any Released Party. This includes negligent supervision, negligent instruction, negligent hiring, negligent retention, negligent training, negligent inspection, negligent maintenance, negligent repair, negligent design or layout of the Facility, negligent security, negligent selection of vendors or outside instructors, negligent rescue, and negligent failure to warn. You have read this sentence, you understand what it means, and you agree to it. This release does not extend to gross negligence, willful or wanton misconduct, or any liability that Arizona law prohibits from being released.

6.3 Savings clause and reformation under Arizona law

You acknowledge that Article 18, Section 5 of the Arizona Constitution provides that the defenses of assumption of risk and contributory negligence are in all cases questions of fact to be left to the jury. This Waiver is therefore drafted and intended to operate as a contractual assumption of risk and an express written release and covenant not to sue, negotiated as part of the consideration for access, and not merely as an assertion of the common-law defenses referenced in that provision.

If any court of competent jurisdiction determines that any release of negligence Claims, or any other provision of this Waiver, is void, invalid, unenforceable, or limited under Arizona law, then:

• That provision shall be reformed, narrowed, and enforced to the maximum extent permitted by law rather than struck in its entirety, consistent with the blue-pencil reformation in Section 32;
• The assumption-of-risk provisions in Section 3, the express acknowledgments in Sections 4, 5, 11, and 12, and the limitation of liability in Section 26 are intended to be independent, severable, and separately enforceable, and shall survive and remain fully effective regardless of the treatment of any release provision;
• The parties intend that any question of fact reserved to a jury be decided against the background of your express, written, bargained-for acknowledgments in this Waiver, which you agree are true and were made knowingly; and
• No invalidity of one provision shall be construed to reflect an intent to limit any other provision.

7. Covenant not to sue; reimbursement of defense costs

You covenant and agree not to file, join, maintain, fund, or voluntarily assist any lawsuit, arbitration, administrative proceeding, cross-claim, third-party claim, or other action against any Released Party asserting a Claim released under this Waiver. This covenant is independent of the release in Section 6, and a breach of it is independently actionable.

To the fullest extent permitted by law, if you (or anyone acting on your behalf, through you, or claiming derivatively from you, including a spouse, heir, estate, personal representative, insurer, or subrogee) brings a Claim released by this Waiver, you agree to reimburse the affected Released Parties for all reasonable costs of defense, including attorneys’ fees, expert fees, court costs, deposition and discovery costs, mediation and arbitration fees, and settlement amounts, incurred in defending that Claim, and to pay any judgment entered against a Released Party on that Claim. This obligation applies whether the Claim is ultimately dismissed on the basis of this Waiver or resolved on other grounds, and it applies in addition to any statutory or contractual right to fees.

This Section does not apply to a Claim that a court finally determines was not released by this Waiver, and it does not apply where its enforcement is prohibited by applicable law.

8. Release of unknown Claims

You understand that this Waiver releases Claims that are presently unknown, unsuspected, undiscovered, unanticipated, or unmatured, including Claims for latent injury, delayed-onset symptoms, aggravation of a pre-existing condition, cumulative trauma, and consequences of an event whose full extent is not yet apparent.

You expressly and voluntarily waive the benefit of any statute, rule, regulation, common-law doctrine, or principle of any jurisdiction that would otherwise limit a general release to Claims known or suspected to exist in your favor at the time of signing, or that would otherwise preserve unknown Claims from the effect of a release. You waive any such protection knowingly, and with the understanding that you may later discover facts materially different from those you now believe to be true — and you accept and assume that risk, and agree that this Waiver remains fully effective notwithstanding the discovery of any such different or additional facts.

9. Binding effect: heirs, spouse, estate, and assigns

This Waiver is binding upon, and enforceable against, you and your heirs, executors, administrators, personal representatives, trustees, beneficiaries, spouse, domestic partner, next of kin, dependents, guardians, conservators, successors, assigns, insurers, and subrogees, and anyone else who could assert a Claim through, under, or derivative of you.

You represent that you have authority to bind those persons to the extent permitted by law, and you agree that no such person may bring any Claim released by this Waiver, including:

• Wrongful-death and survival claims arising from your injury or death
• Loss-of-consortium, loss-of-society, and loss-of-services claims by a spouse, domestic partner, child, or parent
• Derivative claims for emotional distress, bystander injury, or negligent infliction of emotional distress arising from an incident involving you
• Subrogation, reimbursement, contribution, and indemnity claims by any insurer, health plan, or benefit plan standing in your shoes

If any such person brings a Claim notwithstanding this Section, the reimbursement obligation in Section 7 and the indemnity in Section 10 apply to that Claim to the fullest extent permitted by law.

Where a parent or legal guardian signs on behalf of a minor, that adult signs both individually and on the minor’s behalf, releases their own Claims (including claims for medical expenses, loss of services, and emotional distress), and indemnifies the Released Parties as provided in Section 10 against Claims brought by or for the minor, subject to Section 18 and the Minor Participation & Guardian Consent Agreement.

10. Indemnification

You will defend, indemnify, and hold harmless the Released Parties from any Claims, damages, losses, liabilities, fines, penalties, and expenses (including reasonable attorneys’ fees, expert fees, and costs) arising from or related to:

• Your acts or omissions, or those of your guests, companions, students, invitees, or minors in your care (where permitted)
• Your violation of Jaybird policies, posted rules, safety briefings, staff instructions, session classification rules, or applicable law
• Any Claim that you caused injury or damage to another person or to Jaybird, landlord, vendor, or partner property
• Any Claim arising from your real-world flight, vehicle operation, machinery operation, or training decisions after using Jaybird equipment, including any Claim arising from simulator-sickness aftereffects under Section 4
• Your provision or receipt of flight training, logbook entries, endorsements, or FAA-creditable training outside an approved and properly classified Session
• Your breach of any identity, citizenship, or 49 CFR Part 1552 (Flight Training Security Program, “FTSP”) obligation, including any misrepresentation of citizenship or immigration status
• Your sharing of door codes, PINs, or credentials, or your admission of any unauthorized person to the Facility
• Any Claim brought by a person described in Section 9 asserting a Claim released by this Waiver

Jaybird may select its own counsel at your expense, and you may not settle any Claim in a manner that imposes any obligation, admission, or restriction on a Released Party without that party’s written consent. This indemnity survives termination of your membership, revocation of this Waiver, and completion of your visit.

11. Simulator and training device disclaimer

You acknowledge and agree that:

• Simulator Sessions do not constitute flight in an aircraft and do not replicate all operational, environmental, physiological, regulatory, or emergency conditions of real flight or real-world operations.
• Jaybird equipment may be classified as an Advanced Aviation Training Device (AATD), Basic Aviation Training Device (BATD), entertainment device, or other category depending on the unit and Session type. Device classification does not guarantee FAA credit, insurance coverage, employer or school acceptance, or real-world proficiency.
• Software, scenarios, weather, traffic, terrain, aircraft systems, avionics behavior, G-loading, spatial disorientation, emergency egress, and survivability may differ materially from real operations.
• Device availability, motion status, visual configuration, avionics configuration, and software version may change without notice, and a device may be operated in a degraded mode.
• Jaybird does not warrant that any Session will meet your training, certification, currency, proficiency, checkride, employment, or recreational goals, and disclaims all implied warranties, including merchantability and fitness for a particular purpose, to the fullest extent permitted by law.

You will not rely on simulator performance as proof that you are safe, proficient, or legal to operate an aircraft, vehicle, or equipment in the real world.

12. No professional, flight, medical, or regulatory advice

Nothing provided by Jaybird or any Released Party — whether in person, through equipment, software, marketing, staff conversation, scenario content, scoring, debrief, or digital tools — is legal advice, medical advice, aeromedical certification guidance, flight instruction (except where a properly booked and approved instructional Session is expressly provided), regulatory interpretation, or a substitute for a certificated professional.

You alone are responsible for compliance with FAA regulations (including 14 CFR Part 61), TSA and FTSP requirements under 49 CFR Part 1552, your insurance requirements, your employer, school, or club rules, and your medical fitness to fly or operate equipment. Statements by Jaybird staff or by an outside instructor about logging, currency, credit, or eligibility are informational only and are not a determination you may rely on.

13. Medical fitness and health disclosures

You represent that you are medically and physically fit to participate in the Activities, or that you have obtained clearance from a licensed physician where appropriate. Jaybird does not perform medical screening and is not qualified to evaluate your fitness.

You agree to disclose relevant conditions before participating, including without limitation:

• Pregnancy or recent childbirth
• Epilepsy, seizure disorders, or photosensitivity
• Cardiovascular disease, hypertension, arrhythmia, implanted cardiac device, or prior cardiac event
• Balance, vestibular, or inner-ear disorders, including vertigo and Ménière’s disease
• Recent surgery, recent injury, or restricted range of motion
• Back, neck, shoulder, or joint injury, or spinal instrumentation
• Motion sensitivity or a history of severe motion sickness
• Vision impairment not corrected by prescribed lenses, or recent eye surgery
• Diabetes, asthma, respiratory conditions, or heat intolerance
• Psychiatric, anxiety, panic, or trauma-related conditions affecting judgment or tolerance of simulated emergencies
• Medications that impair coordination, alertness, balance, vision, or judgment

If you feel unwell, dizzy, nauseated, disoriented, short of breath, or in pain at any time, you will stop immediately, notify staff if present, and seek medical care as needed. Jaybird may, in its sole discretion and without liability, decline, pause, shorten, or terminate any Session on the basis of an observed or reported medical concern, and doing so is a safety measure and not an assumption of any duty of care.

14. Emergency response, medical treatment consent, and cost responsibility

You consent to the following, and authorize Jaybird and any Released Party to act on that consent:

• To call 911 or other emergency services, summon paramedics, request law-enforcement or fire response, and arrange ambulance transport on your behalf if Jaybird reasonably believes it is necessary
• To administer or attempt basic first aid, use an automated external defibrillator if available, and provide comfort measures pending professional response
• To authorize emergency first aid and medical treatment by licensed responders and facilities if you are unable to consent
• To disclose to responders, treating clinicians, and law enforcement limited information reasonably necessary for your care and safety, including your name, your emergency contact, the medical or health information you disclosed under Section 13, the nature of the Session and device, the observed incident, and relevant access-log, camera, or session-log records

You accept financial responsibility for all costs of emergency response, transport, evaluation, treatment, and follow-up care, including ambulance and air-ambulance charges, to the extent not covered by your insurance. Jaybird does not provide, arrange, or pay for medical care and is not responsible for the acts, omissions, availability, or response time of any emergency service, responder, clinician, or facility.

Jaybird’s decision to summon help, to render aid, or to decline to render aid beyond its training creates no duty beyond what Arizona law imposes, and you release the Released Parties from Claims arising from emergency response, rendering of aid, delay in response, or the outcome of any care, except for gross negligence or willful misconduct.

15. Alcohol, cannabis, drugs, and impairment

You will not use Jaybird equipment or participate in Activities while impaired by alcohol, cannabis, illegal drugs, or any substance — including lawfully prescribed or over-the-counter medication — that impairs your ability to operate equipment safely, perceive hazards, or follow instructions. You will observe any self-imposed or regulatory “bottle-to-throttle” interval you follow for real flight as a minimum standard of judgment here as well.

Jaybird may refuse, pause, or terminate access if staff or an outside instructor reasonably believe you are impaired, and may do so without refund and without liability. You assume all risks and accept full responsibility if you participate while impaired in violation of this Section, and you indemnify the Released Parties for any resulting harm to you, to others, or to property.

16. Rules, staff instructions, and Session classification

You agree to follow all posted rules, safety briefings, software prompts, bay instructions, and directions from Jaybird staff or approved instructors at all times, including the Simulator Use Policy and the Door Access & Facility Security Agreement.

You will not provide or receive flight training, instruction, logbook entries, endorsements, or FAA-creditable training unless the Session is properly booked and approved for that purpose under Jaybird policies. Recreational, familiarization, entertainment, and event Sessions are not training Sessions and may not be logged as such.

The following are prohibited and may result in immediate termination of the Session and of membership, damage charges under the Equipment Damage Policy, revocation of door access, and referral to law enforcement:

• Misuse, abuse, or rough handling of equipment
• Unauthorized modification of hardware, wiring, mounts, seats, restraints, or peripherals
• Unauthorized installation, removal, copying, or configuration change of software, scenario content, or licenses
• Bypassing, disabling, or defeating safety interlocks, emergency stops, restraints, guarding, alarms, or access control
• Operating a device outside its approved Session type, occupancy limit, or weight limit
• Bringing prohibited food, liquids, vapor, smoke, or open flame into a bay
• Permitting an unauthorized person to occupy or operate a device
• Recording or transmitting another person’s Session or image without consent, where prohibited by policy or law

17. Regulatory compliance; identity verification and FTSP

You represent that all identity, citizenship, and eligibility information you provide to Jaybird is true, complete, and current, and you agree to promptly correct it if it changes. You understand that Jaybird verifies identity and citizenship documentation, and that certain training is subject to the Flight Training Security Program under 49 CFR Part 1552, including the recordkeeping and document-retention obligations in 49 CFR 1552.19.

You consent to Jaybird collecting, verifying, copying, and retaining compliance records for at least five (5) years, and to sharing those records with TSA, the FAA, other government authorities, and with DSA or another affiliated flight school or training provider where a Session is conducted under their program, consistent with the Identity & Flight Training Disclosure, the TSA Flight Training Security Program Compliance & Flow-Down Addendum, and the Privacy Policy.

Providing false information, or receiving training in violation of Part 1552, may be a federal offense. You indemnify the Released Parties for all consequences of any misrepresentation or non-compliance by you, and you release the Released Parties from Claims arising from access denial, Session cancellation, membership suspension, or reporting undertaken in good faith for compliance purposes.

18. Minors and guardians

If you are under 18, your parent or legal guardian must complete the required guardian consent process and sign this Waiver and the Minor Participation & Guardian Consent Agreement on your behalf before you use motion equipment or participate in Activities.

The signing guardian represents that they are the parent or legal guardian with authority to bind the minor, signs both individually and on the minor’s behalf, agrees to this Waiver on the minor’s behalf, and agrees to the indemnity in Section 10 with respect to Claims brought by or for the minor. The guardian acknowledges that Arizona law may limit the enforceability of a parental release of a minor’s own claims, and agrees that in that event the guardian’s individual release, indemnity, and assumption of risk remain fully enforceable, and that the reformation provisions in Sections 6.3 and 32 apply.

Minors may not use unattended or after-hours access, may not hold door credentials, and must be supervised as required by the applicable minor-participation rules unless Jaybird expressly permits otherwise in writing. Age, height, weight, and maturity restrictions on motion equipment are safety requirements, not preferences.

19. Guests, companions, and personal responsibility

If your membership or Session permits guests, you are responsible for their conduct, their compliance with this Waiver and all Jaybird policies, and any damage or injury they cause. Jaybird may require each guest to sign a Guest & Visitor Waiver separately, and may deny entry to any guest for any lawful reason.

You will not leave a guest, companion, or minor unsupervised in a bay, and you will not permit a guest to operate a device outside the Session classification for which it is booked. Guests are your invitees, not Jaybird’s, and your indemnity under Section 10 extends to Claims arising from their presence and conduct.

20. Personal property and lost items

You are responsible for your personal belongings at all times. Jaybird provides no bailment, custody, safekeeping, or security service for personal property, and no locker, hook, shelf, or bay is secure storage.

Jaybird is not responsible for theft, loss, misplacement, or damage to personal property, including vehicles and their contents parked at or near the Facility, except where liability may not be disclaimed by law. Unclaimed items may be discarded or donated after a reasonable period consistent with Jaybird’s posted practice and applicable law.

21. Facility access, security, and after-hours use

Where your plan includes door codes, PINs, mobile credentials, or unattended access, you agree that 24/7 or after-hours access materially increases risk, including unauthorized entry, equipment misuse by others, absence of staff, absence of trained first-aid response, and delayed emergency response.

You agree that you will:

• Not share access credentials, codes, or PINs with any person, including family, students, or other members
• Not allow tailgating, prop or block doors, disable door hardware, or admit any person who does not have their own valid access right
• Verify that doors latch and secure behind you on entry and exit
• Promptly report lost credentials, suspected credential compromise, malfunctioning door hardware, and suspicious activity
• Comply with the Door Access & Facility Security Agreement, which governs credential issuance, revocation, and audit

You acknowledge that access events, door activity, and camera coverage may be logged and retained. Jaybird does not warrant that access-control systems (including Seam/Kwikset hardware), cameras, alarms, lighting, or network connectivity will function, be monitored, or prevent any incident. You assume the risks of after-hours use, including being alone in the Facility during a medical emergency, power failure, HVAC failure, or security incident.

22. Third-party conduct

You expressly release the Released Parties from all Claims arising from the acts or omissions of third parties, whether negligent, reckless, intentional, or criminal, including:

• Other members, their guests, and their students
• Outside instructors, flight schools, training providers, and partner organizations, including DSA and affiliated schools
• Contractors, vendors, technicians, delivery personnel, and landlord or property-management staff
• Trespassers, intruders, thieves, and assailants, including persons who gain entry by tailgating, by using shared or stolen credentials, or through a propped or defective door
• Persons in the parking areas, sidewalks, and common areas of the building or complex

Jaybird has no duty to control the conduct of any third party, does not provide security personnel, and does not screen members or guests beyond the identity and compliance checks described in Section 17. Any assistance Jaybird voluntarily provides in a third-party incident — including calling police, preserving footage, or facilitating a report — is a courtesy and creates no duty and no assumption of liability.

23. Environmental conditions, utilities, and events beyond control

Jaybird does not warrant uninterrupted availability of climate control, power, water, lighting, network connectivity, door hardware, or software services. You release the Released Parties from Claims arising from heat, cold, humidity, HVAC failure or degradation, power interruption or surge, internet or cloud-service outage, water intrusion, plumbing failure, alarm activation, evacuation, construction, landlord activity, road or parking closure, weather, wildfire smoke, dust storm, public-health order, labor action, supply-chain failure, vendor outage, or any other event beyond Jaybird’s reasonable control, including outages affecting third-party providers such as Stripe, Supabase, Vercel, Resend, Twilio, Sentry, Seam/Kwikset, or Google Calendar.

Session cancellations, closures, and rescheduling arising from these events are governed by the Cancellation and No-Show Policy, the Membership Agreement, and the No Refund Policy.

24. Equipment and facility damage

You are responsible for physical loss and damage to Jaybird, landlord, vendor, and partner equipment and property caused by your misuse, negligence, recklessness, unauthorized modification, prohibited food or liquids, intentional acts, or failure to follow rules or staff instructions, and for damage caused by your guests, students, or minors in your care.

You agree to pay reasonable documented costs to repair or replace damaged items, including parts, labor, shipping, vendor service, downtime and loss-of-use charges, and re-calibration or re-alignment where required. Normal wear and tear is not chargeable. This Section supplements, and does not replace, Jaybird’s Equipment Damage Policy, which controls the classification, assessment, documentation, dispute, and collection of damage charges.

25. Insurance and insurance independence

Jaybird does not provide health, accident, disability, life, personal property, or aviation liability insurance for you. You are responsible for obtaining and maintaining any insurance you deem appropriate, including health coverage, renter or homeowner coverage for your property, and any aviation or non-owned coverage your activities warrant.

This Waiver is intended to benefit and protect the Released Parties whether or not any of them carries insurance of any kind, whether or not any policy responds to a given Claim, whether or not coverage is available, sufficient, or collectible, and whether or not a policy limit is exhausted. You are not an insured, additional insured, loss payee, or third-party beneficiary of any Jaybird insurance policy, and no certificate of insurance, policy reference, or coverage disclosure creates any right in your favor, expands Jaybird’s obligations, or limits this Waiver. The existence of insurance shall not be admissible to defeat, narrow, or reform this Waiver, and you agree not to argue that any provision here should be construed differently because insurance may exist.

26. Limitation of liability

To the fullest extent permitted by Arizona law, if any Claim is not fully barred by this Waiver, the aggregate liability of Jaybird and the Released Parties arising out of or related to the Activities, this Waiver, or your relationship with Jaybird 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).

Released Parties disclaim indirect, incidental, special, consequential, exemplary, and punitive damages, and lost profits, lost training time, lost currency, lost employment or checkride opportunity, travel and lodging costs, and cost of substitute services, except where prohibited by law.

This limitation applies regardless of the theory of liability, applies even if a limited remedy fails of its essential purpose, is independent of and survives any determination that a release provision is unenforceable, and is an essential basis of the bargain without which Jaybird would not grant access.

27. Photography, video, media, and access-log monitoring

Jaybird may capture and retain photography, video, session recordings, telemetry, software logs, door-access logs, and booking records in bays, common areas, entrances, and exterior areas for security, safety, operations, incident investigation, insurance, compliance, training-quality, and dispute-resolution purposes. You consent to that capture and retention, and you agree that such records may be used as evidence in any investigation, insurance matter, damage assessment, disciplinary decision, or legal proceeding, and may be provided to law enforcement, insurers, landlords, vendors, and partner schools as reasonably necessary.

Jaybird may also capture imagery in common areas for marketing. Where offered, you may opt out of identifiable marketing use through the member portal, and separate consent may be obtained under the Photo, Video & Media Release. By participating, you grant Jaybird a non-exclusive, royalty-free, worldwide license to use de-identified or consented imagery for promotional purposes. Opting out of marketing use does not limit security, safety, compliance, or investigative capture and retention.

Jaybird does not guarantee that any camera, recorder, or log will be operating, will capture any given event, or will retain any record for any period. Handling of personal information is described in the Privacy Policy; questions may be directed to privacy@jaybirdsims.com.

28. Duration, continuing effect, and revocation

This Waiver applies to every visit and every Session, past, present, and future, from the date you first sign it, and continues in effect without expiration unless and until it is revoked as described below. You do not need to sign a new waiver for each visit, although Jaybird may require re-acceptance when a new version is published.

You may revoke this Waiver only by written notice to support@jaybirdsims.com, and revocation is effective only when Jaybird acknowledges and accepts it in writing. Because signing this Waiver is a condition of access, revocation terminates your right to enter the Facility and to use any equipment, and Jaybird will deactivate door credentials and cancel future bookings. Termination of access for this reason is not a breach by Jaybird and does not entitle you to a refund; the No Refund Policy applies.

Revocation is prospective only. It does not affect the release, covenant not to sue, indemnity, assumption of risk, limitation of liability, or any other provision as applied to any visit, Session, event, condition, or Claim arising before the effective date of the revocation, all of which survive permanently.

29. Relationship to other Jaybird agreements

This Waiver is one of several documents governing your relationship with Jaybird. Where another signed document addresses a subject in greater specificity, that document controls that subject, and this Waiver continues to apply to all other subjects. Related documents include the Terms of Service; Privacy Policy; No Refund Policy; Membership Agreement; Equipment Damage Policy; Cancellation and No-Show Policy; Simulator Use Policy; Identity & Flight Training Disclosure; Door Access & Facility Security Agreement; Member Simulator Lease & Equipment Use Agreement; Independent Instructor & Training Provider Agreement; Simulator Lease & Training Provider Agreement; TSA Flight Training Security Program Compliance & Flow-Down Addendum; Minor Participation & Guardian Consent Agreement; Guest & Visitor Waiver; Photo, Video & Media Release; Electronic Communications & E-Sign Consent; Cookie & Tracking Technologies Policy; and the Accessibility Statement.

Nothing in any other document narrows the release, indemnity, assumption of risk, or limitation of liability in this Waiver unless that document says so expressly and is signed by Jaybird.

30. What this means in plain English

This summary is provided for readability only. It is not part of the operative agreement, it does not modify, limit, or expand any provision above, and in any conflict the numbered sections control.

• Flying a simulator can hurt you. You know that, and you accept it.
• You are giving up your right to sue Jaybird and everyone on the Released Parties list — including for their ordinary carelessness. You are not giving up claims for gross negligence or intentional misconduct.
• If you sue anyway on a claim you gave up, you agree to pay the legal costs of defending it.
• This applies to injuries you do not know about yet, and it binds your spouse, your family, your heirs, and your estate. They cannot sue on your behalf either.
• Simulators can make you dizzy, and the dizziness can come back later. Do not drive, fly, or operate machinery until you feel completely normal again.
• A simulator is not an airplane. Being good in the sim does not mean you are safe or legal in the air.
• Tell us about medical conditions, do not come in impaired, follow the rules, and stop if something feels wrong.
• Watch your own stuff. We are not responsible for your belongings.
• After-hours access is convenient and riskier. Do not share your code, and do not let anyone in behind you.
• If something breaks because of you, you pay for it under the Equipment Damage Policy.
• If we are ever held liable anyway, our total liability is capped at the greater of what you paid us in the last three months or US$500.
• Cameras and door logs exist for safety and investigations.
• This stays in effect for every visit until you cancel it in writing — and cancelling it ends your access.

31. Disputes; governing law; venue

This Waiver is 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, and you waive any objection based on personal jurisdiction, improper venue, or forum non conveniens.

Jaybird may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its property, personnel, data, or access-control systems. Before filing suit, the parties will attempt in good faith to resolve the dispute by written notice to support@jaybirdsims.com and a period of at least thirty (30) days for informal resolution, except where immediate relief is necessary or a limitations period would expire. The prevailing party in any action to enforce this Waiver is entitled to recover reasonable attorneys’ fees and costs to the extent permitted by Arizona law, in addition to the reimbursement obligation in Section 7. Nothing in this Section limits any right to a jury trial on Claims that are not released by this Waiver.

32. Severability; blue-pencil reformation; entire agreement; survival

If any provision of this Waiver is held invalid, void, or unenforceable in whole or in part, that provision shall be modified, narrowed, limited, or blue-penciled by the court to the minimum extent necessary to make it valid and enforceable, and it shall then be enforced as modified. If it cannot be modified, it shall be severed, and all remaining provisions remain in full force and effect. The parties expressly intend this Waiver to be given the broadest interpretation permitted by Arizona law, and intend that no provision be struck in its entirety where a narrower reading would be enforceable.

This Waiver, together with Jaybird’s Terms of Service, Membership Agreement, Equipment Damage Policy, Simulator Use Policy, and the other documents listed in Section 29 that you accept at onboarding, constitutes the entire agreement regarding assumption of risk, release, and indemnity for facility use, and supersedes all prior or contemporaneous oral or written understandings on those subjects, except where a more specific signed document controls a particular subject matter.

No waiver of any provision is effective unless in writing and signed by Jaybird, and no failure or delay in enforcing any provision operates as a waiver of it or of any other provision. Sections intended to survive — including Sections 3 through 10, 14, 17, 20, 22, 24, 25, 26, 27, 28, 31, and 32 — survive termination of membership, revocation of this Waiver, completion of your visit, and signing.

33. Acknowledgment; electronic signature

You represent that you have read this Waiver in its entirety, that you have had the opportunity to ask questions and to consult counsel, that you understand you are giving up substantial legal rights, including the right to sue and the right to a jury trial on released Claims, that no promise or representation outside this document has induced you to sign, and that you sign it freely and voluntarily in exchange for access to the Facility and the Activities.

By typing your full legal name, checking the acceptance box, or clicking to accept during onboarding, booking, or checkout (or by a parent or legal guardian doing so on behalf of a minor), you intend to sign this Waiver electronically under the U.S. E-SIGN Act, 15 U.S.C. 7001 et seq., and the Arizona Electronic Transactions Act, A.R.S. Title 44, Chapter 26. You agree that your electronic signature, the associated timestamp, account identifiers, and IP address constitute a valid, attributable, and legally binding signature to the same extent as a handwritten signature on paper, and that an electronic or printed copy of this Waiver is admissible as an original. Consent to electronic records and signatures, and your right to withdraw that consent or request a paper copy, are described in the Electronic Communications & E-Sign Consent.

Questions: support@jaybirdsims.com