Policies
1. Liability Waiver (Health & Safety)
I understand that participating in aviation simulation activities, including but not limited to operating flight simulators, using related equipment, and being present in simulation facilities, involves inherent risks. These risks may include equipment malfunction, loss of balance, dizziness, motion sickness, stress, or other physical or emotional reactions. I voluntarily assume full responsibility for any risks of loss, property damage, personal injury, or death that may result from my participation. I certify that I am physically and mentally fit to participate in aviation simulation activities and have not been advised otherwise by a qualified medical professional. I agree to follow all posted rules, safety instructions, and directions provided by Company staff.
2. LiAbility Waiver (Responsibility)
In consideration of being permitted to use the Company's facilities and equipment, I hereby release, waive, discharge, and covenant not to sue the Company for any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury that may be sustained by me, whether caused by the negligence of the Company or otherwise. I agree to indemnify and hold harmless the Company from any loss, liability, damage, or costs, including court costs and attorneys fees, that may be incurred due to my participation, whether caused by negligence or otherwise. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.
3. Rental Agreement
*Terms and conditions incorporated by reference and attached hereto. Terms and Conditions of Rental Agreement.
1. The Business, LLC AGREES:
a. To a fixed rent with credits for commissions as earned and all covenants as detailed in this agreement.
2. The Renter Agrees:
a. Renter will maintain and operate their account for booking and operation and a Merchant Account for all payments and processing.
b. To maintain the ability to make payments via ACH or other acceptable payment method.
3. Payment of Rent: All rental payments shall be paid, less credits earned for commissions of product, or the like sales determined on a weekly basis consistent with the term of the lease, payable in the following manner: ACH or other acceptable payment method.
4. Rent Increase: The Business shall give Renter 30-day notice of any change in the amount of rent and/or The Business's intent to increase rent.
5. Indemnity by Renter: Renter covenants and agrees to hold the The Business harmless from all loss, claims, damage, and liability to any person or property occurring upon or about the premises from any cause whatsoever.
6. Legal Cost: Renter agrees to pay all costs and expenses, including reasonable attorneys' fees, incurred by The Business as a result of any default by Tenant under this Lease.
7. Severability: The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
8. No Waiver: The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
9. Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California.
10. Notices: Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.
11. Mandatory Arbitration: Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then decide a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
12. Assignment of Rights: The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party
13. Modification of Agreement: Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.
14. Entire Agreement: This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. No oral agreements have been entered into between the parties. This Lease, and the Rules and Regulations and policy changes herein referenced constitute the entire agreement of the parties. This Lease is binding upon the parties hereto and their respective heirs, successors, and assigns.
4. Refund Policy:
Online bookings must be paid in FULL using a valid credit card through our secure online payment portal.
All online booking payments are refundable IF canceled at least 12 hours prior and may still be rescheduled.
Cancellation requests are accepted for all Aviation Simulation membership tiers at any time. Please note that while refunds are not provided, your subscription will remain active until the end of the current billing cycle, after which it will be canceled.
5. Class Cancellation Policy:
A VALID MEMBERSHIP is required to book a simulator or room. Individuals without a membership may use a ONE-TIME day pass; however, this does not guarantee booking availability. Aviation Simulation reserves the right to cancel and refund any appointment if proof of membership is not provided at the time of booking. To ensure a seamless experience, please verify your membership status prior to making a reservation. Thank you for your understanding and cooperation.
6. Appointment Cancellation Policy:
To ensure an efficient check-in process and respect for everyone’s time, we kindly ask that you arrive 5–10 minutes prior to your scheduled session. At Aviation Simulation, we value your time and aim to provide a smooth booking experience.
- Cancellations made 24 hours or more in advance of your scheduled simulator session may be done at no charge. Cancellations made within 24 hours but at least 1 hour before the session will incur a 50% cancellation fee.
- If you fail to attend your scheduled appointment without notice, you will be charged the full booking amount.
- To help you manage your time, reminder notifications will be sent 72 hours prior to your appointment and again 24 hours in advance.
- We kindly ask all customers to review their schedules carefully before booking and notify us promptly if changes are needed.
- By booking a session, you agree to these terms. This policy allows us to maintain fairness, availability, and the best experience for all of our valued members
7. Weekend AcCess & Facility Use Policy:
To ensure proper staffing and access, our facility operates on a by-appointment-only basis on after hours & weekends.
After hours and weekend access is provided exclusively for the following booked services:
Conference Room Reservations
Cessna Simulator Sessions
Cirrus Simulator Sessions
The facility will only be opened on weekends and after hours when one of the above services is actively booked and confirmed.
Please note that membership-included amenities, including but not limited to:
Study Rooms
Pilot Lounge
are not available for use on weekends and after hours, as these spaces are complimentary and included with weekday and normal operating membership access only.
Members and guests may access the facility on weekends and after hours solely for the duration and purpose of their confirmed weekend and after hours booking.
We appreciate your understanding and cooperation as this policy allows us to maintain a high-quality experience while efficiently managing weekend operations.