Liability Waiver and Release

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.

In consideration of being permitted to enter Jaybird premises, use Jaybird facilities, equipment, software, and services, and to participate in any related activities, you agree as follows:

1. Definitions

**“Activities”** means any use of Jaybird facilities or services, including without limitation: aviation training devices, flight simulators, motion bases, golf simulators, projectors, headsets, restraints, controls, software, lounge and common areas, restrooms, parking areas, stairs, ramps, doors, unattended or after-hours access (where applicable), instruction (if booked and approved), events, 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.

2. Voluntary participation

You **voluntarily** choose to participate in the Activities. No one is forcing you to enter the facility or use the equipment. If you do not agree to this Waiver in full, **do not enter the facility or use any equipment**.

3. Assumption of risk

You understand that the Activities involve **inherent, serious, and unanticipated risks**, including without limitation:

- **Falls, trips, and slips** on floors, ramps, stairs, or equipment - **Strikes against** fixed objects, motion platforms, canopies, controls, or other people - **Motion sickness, dizziness, vertigo, nausea, and balance impairment** - **Musculoskeletal strain**, repetitive stress, and soft-tissue injury - **Eye strain, headaches, and visual fatigue** from displays, projectors, or VR/AR equipment - **Seizures or adverse neurological reactions** triggered by flashing visuals, motion, or immersive stimuli (where applicable) - **Cardiovascular events**, fainting, or other medical emergencies during exertion or stress - **Electrical shock, fire, smoke, or equipment malfunction** - **Failure of software, hardware, motion systems, restraints, or safety interlocks** - **Collision with simulated or real objects** inside or near simulator bays - **Injury from golf clubs, balls, or simulator projectiles** (where applicable) - **Theft, loss, or damage to personal property** - **Exposure to communicable illness** in shared indoor spaces - **Unauthorized entry, tailgating, or security incidents** in unattended or after-hours access areas - **Serious personal injury, permanent disability, and death**

These risks may arise from **your own actions, the actions of others, equipment failure, facility conditions, or events beyond anyone’s control**. You **expressly assume all risks** known and unknown associated with your participation in the Activities, **except solely for claims arising from a Released Party’s gross negligence or willful misconduct** as finally determined by a court of competent jurisdiction.

4. Release, waiver, and covenant not to sue

To the **fullest extent permitted by Arizona law**, you **release, waive, discharge, and covenant not to sue** the Released Parties from any and all liability, claims, demands, actions, or causes of action of every kind, whether in contract, tort, equity, or otherwise, arising out of or related to:

- Your entry onto Jaybird premises or participation in the Activities - Any injury, illness, death, or property damage you suffer or cause - The **negligence** (including ordinary negligence) of any Released Party - Equipment malfunction, design defect, or failure to warn - Acts or omissions of **outside instructors, flight schools, partners, or other members or guests** - Any decision you make before, during, or after using Jaybird equipment or facilities

This release applies to claims you may have against Released Parties **even if you have not yet discovered the injury or claim** at the time you sign.

5. Indemnification

You will **defend, indemnify, and hold harmless** the Released Parties from any third-party claims, damages, losses, liabilities, and expenses (including **reasonable attorneys’ fees and costs**) arising from or related to:

- Your acts or omissions, or those of your **guests, companions, or invitees** (if permitted) - Your violation of Jaybird policies, posted rules, staff instructions, or applicable law - Any claim that you caused injury or damage to another person or to Jaybird or partner property - Any claim arising from your **real-world flight, vehicle operation, or training decisions** after using Jaybird equipment

This indemnity survives termination of your membership or completion of your visit.

6. 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 aviation training device, entertainment device, or other category depending on the unit and session type. **Device classification does not guarantee FAA credit, insurance coverage, or real-world proficiency.** - **Software, scenarios, weather, traffic, aircraft systems, G-loading, spatial disorientation, emergency egress, and survivability** may differ materially from real operations. - Jaybird **does not warrant** that any session will meet your training, certification, currency, proficiency, or recreational goals.

**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. **You will not attempt** maneuvers, profiles, or procedures in real operations solely because you practiced them in a simulator, unless and until you have received appropriate supervision, certification, and authorization in the real environment.

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

Nothing provided by Jaybird or any Released Party—whether in person, through equipment, software, marketing, staff conversation, or digital tools—is **legal advice, medical advice, 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, TSA/FTSP requirements, your insurance, your employer or school rules, and your medical fitness to fly or operate equipment.

8. Medical fitness and health disclosures

You represent that you are **medically and physically fit** to participate in the Activities, or you have obtained clearance from a licensed physician where appropriate.

You agree to disclose relevant conditions before participating, including without limitation: **pregnancy; epilepsy or seizure disorders; cardiovascular disease; balance or vestibular disorders; recent surgery; back or neck injury; motion sensitivity; vision impairment not corrected by prescribed lenses; psychiatric conditions affecting judgment; and medications that impair coordination, alertness, or judgment**.

If you feel unwell, dizzy, nauseated, or in pain **at any time**, you will **stop immediately**, notify staff if present, and seek medical care as needed. You **consent to emergency first aid and medical treatment** if Jaybird or emergency personnel reasonably believe it is necessary, and you accept financial responsibility for such treatment to the extent not covered by insurance.

9. 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 prescription medication) that impairs your ability to operate equipment safely or follow instructions.

Jaybird may refuse or terminate access if staff reasonably believe you are impaired. You assume all risks if you participate while impaired in violation of this section.

10. 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.

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 (including identity, citizenship, and FTSP requirements where applicable).

Misuse, unauthorized modification of equipment, bypassing safety interlocks, or operating outside approved session types is prohibited and may result in immediate termination, damage charges, and referral to authorities.

11. Minors and guardians

If you are **under 18**, your **parent or legal guardian** must complete any required guardian consent process and sign on your behalf before you use motion equipment or participate in Activities.

The signing guardian represents that they have authority to bind the minor and agrees to this Waiver on the minor’s behalf. **Minors may not use unattended or after-hours access** unless expressly permitted in writing by Jaybird.

12. Guests, companions, and personal responsibility

If your membership or session permits guests, **you are responsible for their conduct, compliance with this Waiver, and any damage or injury they cause**. Jaybird may require guests to sign separately where applicable.

You are responsible for **your personal belongings**. Jaybird is not responsible for theft, loss, or damage to personal property except where prohibited by law.

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

Where your plan includes door codes, PINs, or unattended access, you agree that **24/7 or after-hours access increases risk**, including unauthorized entry, equipment misuse by others, and delayed emergency response.

You will **not share access credentials**, allow tailgating, or permit unauthorized persons to enter. You assume the risks of after-hours use and agree to report suspicious activity promptly.

14. Equipment damage

You are responsible for **physical loss and damage** to Jaybird and partner equipment caused by your misuse, negligence, recklessness, unauthorized modification, prohibited food or liquids, intentional acts, or failure to follow rules or staff instructions.

You agree to pay **reasonable documented costs** to repair or replace damaged items. Normal wear and tear is not chargeable. This section supplements, and does not replace, Jaybird’s Equipment Damage Policy.

15. Insurance

Jaybird **does not provide** health, disability, life, or aviation liability insurance for you. You are responsible for maintaining any insurance you deem appropriate. This Waiver is intended to benefit Released Parties **whether or not** they are insured, and **whether or not** insurance is available or collectible.

16. 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 **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, except where prohibited by law.

17. Photography and media

Jaybird may capture **photography or video** in common areas for security, operations, and marketing. Where offered, you may opt out of **identifiable marketing use** through the member portal. By participating, you grant Jaybird a **non-exclusive, royalty-free license** to use de-identified or consented imagery for promotional purposes.

18. 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**, except that Jaybird may seek injunctive or equitable relief in any court of competent jurisdiction.

19. Severability; entire agreement; survival

If any provision of this Waiver is held invalid or unenforceable, the remaining provisions remain in full force. This Waiver, together with Jaybird’s Terms of Service, Membership Agreement, Equipment Damage Policy, Simulator Use Policy, and other documents you accept at onboarding, constitutes the **entire agreement** regarding assumption of risk and release for facility use, except where a more specific signed document controls a particular subject matter.

Sections intended to survive (including release, indemnity, assumption of risk, governing law, and limitation of liability) **survive** termination of membership, completion of your visit, and signing.

20. Acknowledgment; electronic signature

You represent that you have **read this Waiver**, understand that you are **giving up substantial legal rights**, and sign it **voluntarily**.

By typing your **full legal name** during onboarding or checkout (or by a guardian on behalf of a minor), you intend to sign this Waiver **electronically** under the U.S. **E-SIGN Act** and applicable Arizona law. Your electronic signature is **legally binding** to the same extent as a handwritten signature.

**Emergency contact / questions:** support@jaybirdsims.com