FLIGHT TRAINING AND AIRCRAFT RENTAL AGREEMENT

(Florida Flyers Terms)

Effective February 21, 2019

Liability Coverage: I understand Florida Flyers Flight Academy, Inc. coverage is limited to $1,000,000.00 (single limit) for each occurrence of bodily injury & property damage and limited to $100,000.00 for each passenger. However total coverage extended to pilots renting aircraft is limited to $100,000.00. We recommend that renter pilots carry (additional) renter’s insurance.

Aircraft Hull Coverage: If there is an accident or incident, I understand that I am responsible for paying the Company’s deductible, which is $2,500.00 for any airplane. Special rules for “outside the U.S.” apply, see the “Outside U.S.” section of these terms. In addition, the insurance carrier may hold me responsible for all damage to the aircraft arising from my negligence.

Additional Insurance Coverage: I also understand that if I want coverage or coverage for the Florida Flyers insurance deductible, a Renters Insurance is highly recommended and is available through various aviation insurance companies such as AOPA http://insurance.aopa.org/renter or Avemco https://www.avemco.com/secure/aircraft-renters-insurance.aspx.Some insurance companies require U.S. addresses. You may use the address of Florida Flyers Flight Academy, Inc. as your mailing address for such purposes.

Rates: I agree to pay current aircraft and instruction rates as indicated on the current price list. Flight Instruction is charged for the scheduled block time, minus 0.1 hours. The scheduled time may be split into flight instruction, ground instruction and pre- and post time.

Minimum Rental Time: All rental flights require a minimum block time of two hours (8am-10am or 10am-12pm or 12pm-2pm or 2pm-4pm or 4pm-6pm) with a minimum billable time of 1.5 hours per block. After hour rentals (6pm to 8am) are exempt and available on request. For scheduled full-day and overnight rentals, a 4-hour minimum aircraft rental time will be charged. For scheduled half-day rentals (8am to 12pm or 12pm to 6pm), a 2.5-hour minimum aircraft rental time will be charged. Unused time may be charged at the aircraft dry rate (rental rate minus fuel). These charges are non-refundable and non-transferable.

Aircraft Rental: I will not rent any aircraft for solo flight, or act as Pilot-in-Command in any aircraft in which I am not authorized by Florida Flyers Flight Academy, Inc. A checkout flight with an authorized Florida Flyers Flight instructor is mandatory for each aircraft type, make and model. Checkout flights are valid for 60 days following the last flight in this type, make and model. Piloting the aircraft from the right seat is prohibited, unless authorized in writing by Florida Flyers Flight Academy, Inc. Aircraft rental for simulated instrument training (aka time-sharing) in all courses is limited to 50 hours PIC time per pilot. Additional hours will be charged at 50% of the published aircraft rate. Florida Flyers Flight Instructors are the only FAA Flight Instructors allowed on aircraft rental flights, unless prior authorization from Florida Flyers has been obtained in writing.

Florida Flyers Operations Manual (OPS Manual): A copy of the Florida Flyers Flight Academy, Inc. Operations Manual has been provided to me at the day of my training and/or rental. An online version is available.

Aircraft Scheduling: I understand a Florida Flyers representative will schedule aircraft usage for renter and students. Schedule requests can be made at https://www.flightschoolusa.com/schedule/. I also understand that if there is an aircraft scheduling conflict, FAA flight exams take priority over all other flights, and flight instruction takes priority over solo flights or rentals. Florida Flyers does not guarantee the availability of any specific aircraft. Pilots must accept any aircraft of the same make and model as requested.

No-show and cancellation policy: Scheduled rental or training flights and ground lessons may be cancelled and/or changed until 5pm of the previous day. For later cancellations or change requests, Florida Flyers may charge the following fees: 50% of the schedule aircraft and/or flight instructor time for the first no-show; 100% of the scheduled aircraft and/or flight instructor time for the second no-show; 200% of the scheduled aircraft and/or flight instructor time for any no-show exceeding two (2) no-shows within 24 calendar months. Customers/Students that have not checked out the aircraft 15 minutes prior to the scheduled flight or are late for more than 15 minutes for their ground lesson with Instructor are considered a no-show.

Termination or Cancellation: I can cancel my training at any time and for any reason. If I am attending Florida Flyers Flight Academy, Inc. on an M1 Student Visa/ Form I-20 and request a transfer to another flight school, this is considered “Breach of Contract” and Florida Flyers Flight Academy, Inc. may charge at its discretion an early termination fee of up to $2,500. I am responsible to pay any outstanding balances on my account at the time my account will be closed. Enrollment deposits are non-refundable and non-transferable.

Admission Fees and Deposit: Admission fees and enrollment deposits are non-refundable and non-transferable.

Flat-Rate Airline Career Program: This program is offered at a fixed price regardless of how much flight instruction, ground instruction and solo flight time will be necessary to obtain a CPL SEP and MEP Land pilot certificate. Installment payments made for this program are non-refundable and non-transferable. Students enrolled in this program must be attending class and/or flight training at least on five (5) consecutive days per week.

Flight Currency: I understand it is my responsibility to maintain flight currency for the various aircraft and conditions in which I will fly. I declare that my Pilot Certificate, along with my medical requirements, are current and up-to-date to operate the aircraft that I will pilot, including, but not limited to a current Flight Review, Instrument proficiency check, Multi Engine proficiency check (if applicable), and the 90 day FAR passenger and day and night requirements.

Laws and Regulations: I agree to operate the aircraft in accordance with the FAA Federal Aviation Rules and Regulations, Aircraft Manufacturer limitations, and any state and local laws that might apply. I understand that no illegal or unlawful item(s) may be carried aboard the aircraft, i.e., illegal drugs, weapons, explosives, etc. I also understand that I must not use any Florida Flyers’ aircraft for compensation, hire or commercial flight operations.

Area of Aircraft Use: I understand that I am only permitted to fly within the boundaries of the continental United States. I also understand that I must obtain prior written permission for any flight where the aircraft is not being returned to its home base at St. Augustine Airport (KSGJ) by the end of the day, I fly into international airspace, or I fly anywhere beyond the continental United States. Some exceptions apply (see 21-23)

Post-Flight: I understand it is my responsibility to return the aircraft at the agreed and scheduled time and that I will return it in the same condition have received it, normal wear and tear excepted. If I am delayed, I will notify Florida Flyers as soon as possible. Wherever I park the aircraft, I will properly secure it, lock it, and remove the keys. Gust locks and Pitot Tube Covers are required.

Pilot in Command: When renting the aircraft, I am the acting Pilot-In-Command of that flight and take full responsibility for the entire flight. (Exempt from this rule are instructional training flights requiring a flight instructor to be on-board. The flight instructor must be an approved and Florida Flyers authorized flight instructor.) I understand that I will not accept any flight instruction from a Certified Flight Instructor who is not approved and/or authorized by Florida Flyers. I agree to fly only from the left seat unless I have been authorized by Florida Flyers Flight to fly from both seats.

Mechanical: I will not fly any aircraft that is not airworthy. If I discover any maintenance item(s) during pre-flight or enroute, I will enter the item(s) as Aircraft Squawk into the Florida Flyers Paperless 141 System upon my return or online via web. If I discover any item(s) that I deem unairworthy, I will immediately notify Florida Flyers. In the event of a malfunction, I agree not to tamper with, or attempt to repair, any part of the aircraft or equipment. I will immediately notify Florida Flyers of the situation. I must not authorize any repair work to the aircraft without first consulting Florida Flyers and receiving permission in writing (email, text, etc.) to do so. In the event a flight must be terminated early due to mechanical problems, I agree to pay for the hours flown. I also agree that I will be solely responsible for any and all costs for a ferry pilot and a second ferry aircraft that may be required to retrieve the aircraft I have rented if I fail to return it to St. Augustine Airport (KSGJ) due to misjudging weather conditions, or due to mechanical problems in my jurisdiction. If the aircraft breaks down, I will be solely responsible for my own transportation home. I will not be reimbursed for costs associated with the technical aircraft break-down.

Lost/unreturned Aircraft Keys: I am aware that I will be charged $250 for any lost or unreturned aircraft keys.

Outside the U.S.: I agree to pay any maintenance or repair costs incurred while outside of the U.S. that are over and above repair costs charged at local Maintenance facilities at St. Augustine Airport KSGJ. I also agree to pay any retrieval costs due to mechanical or engine problems. I also understand that there is a $2,500 insurance deductible on all Florida Flyers Aircraft.

Cedar Key and Brooksville, Florida: I will not land, approach, or practice touch-and-go maneuvers in any Florida Flyers aircraft on Cedar Key or in Brooksville, Florida, unless I have prior permission in writing for such maneuvers from an authorized Florida Flyers representative.

Bahamas: Specific pilot requirements apply for Bahamas and Cedar Key flights. (Please inquire about these requirements)

Accident or Incident: I agree to report all accidents and/or incidents, no matter how large or small, to Florida Flyers immediately. I further agree not to sign any acceptance of fault. I will supply the names, addresses, and telephone numbers of witnesses and involved parties. In the event of an accident, I will not permit the aircraft to be moved unless expressly instructed to do so by the appropriate authorities.

Restrictions: I understand that I will fly from the left seat only. I will not let anyone else fly the aircraft or manipulate the aircraft controls from the right seat unless authorized by Florida Flyers. I will land only on established hard surface (paved) runways shown on current aviation charts, except as a precautionary or emergency measure.

Training in Personal Aircraft: If training in personally owned aircraft, customer agrees to maintain aircraft in airworthy condition and comply with all maintenance and inspections. I agree to add Florida Flyers as an additional insured to my existing insurance policy and acquire a “waiver of subrogation” for Florida Flyers from said insurance company. This waiver will be included as an attachment to these Terms and Conditions.

Account Balance: It is my responsibility to maintain a positive account balance of $250 on my Paperless 141 Account at all times while receiving services from Florida Flyers. If my account balance drops below the established minimum balance, no additional services will be rendered until a deposit is made to your account.

Available Funds: Funds deposited will be used accordingly. Positive account balances will remain, without accruing interest, until the flight training program(s) or aircraft rental has been completed, terminated, or cancelled and will be refunded within 30 days after the program or rental ended, was completed or terminated. Domestic and International wire transfer fees may apply to payments that are required to be refunded by wire transfer. After 1 year of inactivity any remaining funds will be relinquished.

Methods of payment: We accept the following payment methods:

Certified funds are required. Payment must be made before any services will be rendered: International Wire Transfer or Transferwise, Travellers’ Checks, Checks from a U.S. Bank, Credit Card Payments: MasterCard, Visa, Discover and American Express. We do not accept foreign Debit Cards.

Touring Flights: It is your responsibility to cover all costs when embarking on touring flights.

Fuel & Oil Reimbursement: Costs for any aircraft fuel and oil you purchase at any location will be credited to your account up to the current price per gallon at St. Augustine Airport’s self-serve station and up to $2.00 per quart (for oil). I must submit receipts for all fuel and oil purchases to have my account credited. For today’s fuel prices, see http://www.airnav.com/airport/KSGJ/A1

Aviation Fees: I am responsible for the following fees (if applicable): landing fees (usually at large international airports), tie-down and overnight parking, international customs fees and passenger taxes (Bahamas flights), etc.

Fuel Surcharge: If fuel prices increase by more than 10% from the date of this agreement, Florida Flyers may add a fuel surcharge.

Program: I understand that I must comply with the direction and advice given to me by any Florida Flyers Certified Flight Instructor or Company representative. I also understand that Florida Flyers are not responsible for training programs that cannot be completed as scheduled due to weather, unexpected circumstances, workforce problems, unforeseen mechanical problems, acts of God, etc.

Entire Agreement; Binding Effect. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any other discussions or agreements both oral and written relating to the subject of this Agreement, including, without limitation.

Amendments and Modifications Neither this Agreement nor any provision hereof may be altered, amended, modified or changed orally, but may be so altered, amended, modified or changed only by an instrument in writing signed by the party against whom enforcement of such alteration, amendment, modification or change is sought.

Governing Law and Jurisdiction This Agreement shall be construed in accordance with and governed by the law of the State of Florida. In the event legal proceedings regarding this Agreement shall become necessary, it is understood and agreed that the courts of St. Augustine, Florida shall have exclusive jurisdiction.

Changes: Florida Flyers may change these terms at any time and without prior written notice.