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Table of Contents
Revised July 24, 2015
VOYAGER AVIATION INTERNATIONAL, LLC
This AIRCRAFT RENTAL AND STUDENT AGREEMENT (Agreement) is entered into between Voyager Aviation International (“VAI”), and signed Rental Customer/Student (“Pilot”). This Agreement shall govern the relationship between VAI, Pilot, and any and all aircraft owned and/or leased by VAI (“Aircraft”).
In consideration of the mutual covenants contained herein and other valuable consideration, the parties hereto agree as follows:
I. Payment. Payment is due upon completion of each flight. If a flight account has been established with a current positive balance, payment will automatically be withdrawn from the account. If the Pilot has provided credit card information to VAI, the Pilot authorizes VAI to charge the card for each flight and/or other charges.
a) No-shows. If the Pilot reserves an Aircraft and/or instructor and fails to attend or cancel within 24 hours of the reserved time, the Pilot will be charged the standard hourly rate for scheduled instructor time and $30/hour for scheduled Aircraft time.
a) Damage. The Pilot agrees to pay for any damage to the Aircraft as a result of Pilot’s use of the aircraft. It is the Pilot’s sole responsibility to ensure proper treatment and handling of the aircraft and/or equipment. VAI strongly recommends that the Pilot obtain additional renter’s insurance.
b) Liability. The Pilot will be responsible for any liability to other persons, costs, damage, loss, or attorney fees arising in connection with this agreement or with the Pilot’s use of the Aircraft.
III. Hold Harmless. The Pilot hereby agrees to indemnify and hold VAI harmless against any liabilities, claims, or damages which result from, or are in connection with, the Pilot’s rental of an Aircraft pursuant to this agreement. The Pilot also agrees to be responsible for the payment of any damages caused to the Pilot, third parties, personal property, and property belonging to third parties, and to the aircraft and/or equipment while in the Pilot’s possession and use.
IV. Flight Procedures/Handling of Aircraft.
a) Federal Aviation Regulations (FARs). It is the Pilot’s sole responsibility to comply with all Federal Aviation Regulations at all times.
b) Handling of Aircraft. With respect to pre-flight and post-flight inspections, it is the Pilot’s sole responsibility to comply with all FARs and the aircraft manufacturer’s guidelines and any other source regulating these procedures. Any damage, unairworthy conditions, or missing documents found during pre-flight of the aircraft must be reported to VAI immediately PRIOR TO FLIGHT and written on the proper squawk sheet at Dispatch. The Pilot agrees not to accept the aircraft until Pilot is satisfied with the airworthiness and functioning of the Aircraft equipment and accessories. Any damage found during flight must be reported to VAI immediately. Any damage caused by the Pilot, or during the Pilot’s use of the aircraft, and not reported to VAI will result in termination of flying privileges with VAI and collection action being taken against the Pilot for the cost of repairs.
c) Aircraft Flight Time. The Pilot is responsible for checking the current HOBBS/TACH time, to the highest tenth, on the aircraft dispatch. HOBBS/TACH differences found prior to starting the aircraft must be written on the dispatch sheet and reported to VAI Staff for adjustment, upon return. Unreported differences are the Pilot’s responsibility. The Pilot will record on the aircraft dispatch, to the highest tenth, the ending HOBBS/TACH time.
d) Master/Avionics Switches. It is the Pilot’s responsibility to leave the aircraft with the master and avionics switches turned off after each flight. If it becomes necessary to recharge or jump start an aircraft because of failure to comply with this rule, the Pilot may be charged a fee equal to 1 hour of shop labor (currently $50).
e) Securing of Aircraft. It is the Pilot’s responsibility to secure the aircraft, after each flight, with all means provided by VAI (tie-down ropes, control wheel locks, rudder locks, etc.). The Pilot may be charged a tie-down fee of $10 for failure to comply with this rule.
f) Cleanliness. It is the Pilot’s responsibility to leave the aircraft interior in a clean condition after each flight. The Pilot may be charged a cleaning fee of $15 for failure to comply with this rule.
g) Food/Drinks/Smoking in Aircraft. Food, drinks (except water), and/or smoking in the aircraft are strictly PROHIBITED. The Pilot may be charged a cleaning fee of $15 for failure to comply with this rule. Smoking on the ramp, or in the vicinity of any aircraft and/or fueling equipment is strictly PROHIBITED.
h) Flight Plan. VAI requires an “abbreviated flight plan” to be left with the VAI Dispatcher, specifying route of flight, Pilot cell phone or immediate contact number, and estimated time of return. VAI recommends that the Pilot file a flight plan for any flight beyond 50 nautical miles of Merritt Island Airport.
i) Weight and Balance. VAI recommends that prior to all flights, the Pilot should calculate the weight and balance of the aircraft with the forms provided at the Dispatch.
j) Fees at Other Airports. The Pilot is solely responsible for settling all landing, tie-down, parking, and/or any other fees incurred enroute or at the Pilot’s destination. If not settled at that time, the Pilot will be charged a $25 processing fee for failure to comply with this rule.
k) Unpaved Airport Landings. Other than with prior permission, or while training with a VAI instructor, the Pilot is NOT allowed to conduct any “unpaved airport landings”.
l) Flight Currency. It is the Pilot’s responsibility to comply with all FARs regarding currency. In addition, VAI requires flight in each make/model of aircraft within the past 6 months. Once a Pilot’s VAI currency expires, the Pilot may be required to have a flight currency checkout with a VAI instructor.
m) Pilot License and Medical. VAI requires the Pilot to maintain a copy of the Pilot’s current pilot license and medical certificate on file with VAI. VAI also requires a copy of a valid driver’s license.
n) Overnight Rental. The Pilot will be required to pay a minimum of a three-hour charge per day for scheduled overnight rentals or scheduled un-interrupted flights from 8am to 7pm, or greater.
o) Operations. The Pilot will only rent Aircraft in which the Pilot has received a checkout and for which the Pilot’s records with VAI indicate such a checkout. Pilots are encouraged to check their VAI records periodically. The Pilot will not conduct commercial operations or flight training with the Aircraft, unless previously approved by VAI, in writing. The Pilot will fly from the left seat only. The Pilot will not take the Aircraft outside of the contiguous boundaries of the US. If the Pilot does not hold an Instrument Rating, the Aircraft may not be flown out of the state of Florida in a rental period exceeding 24 hours.
p) Flight Training. All student pilots, or Pilots who are in training for a certificate or rating at VAI, will comply with all policies and procedures within the VAI Operations Manual. All students training under the M-1 Visa must not rent or fly any aircraft not owned or operated by VAI.
q) Flight Instruction Time. Instruction time begins at the scheduled time for the lesson, unless prior arrangements have been made by the VAI instructor.
r) Aircraft Rental/Keys. If the Pilot will be late for a scheduled flight and/or instructor, the Pilot will call VAI as soon as possible. VAI reserves the right to rent any aircraft for which the Pilot is more than 30 minutes late for the scheduled time. The Pilot must return the aircraft at or before the scheduled time. The Pilot will notify VAI by phone if the aircraft will be returned late. The Pilot may be charged for up to three hours of the rental price if returned later than the scheduled time. If the Aircraft is abandoned, the Pilot agrees to pay all costs associated with retrieving the Aircraft. If the key is not returned with the aircraft dispatch, the Pilot may be charged a $25 fee to replace the key.
s) Aircraft Malfunctions. In the event of a malfunction of any part of the Aircraft or its accessories, the Pilot will not tamper with or attempt to repair any part of the equipment. The pilot will first call VAI for instructions.
t) Weather. It is the sole responsibility of the Pilot to ensure that current and forecast weather conditions will not compromise the safety of the flight.
u) Off-site Fuel Purchases. VAI aircraft rent “wet”. If the Pilot requires fuel at another airport, VAI will credit against the Pilot’s charges for that flight, up to the specified VAI reimbursement rate (currently $4 per gallon).
v) Other Party Agreements. The Pilot accepts the terms set forth in the Student Operations Manual, and will abide by those rules and regulations issued by Voyager Aviation, and the FAA where applicable.
V. Emergencies. The Pilot agrees to report all accidents and incidents, both major and minor, immediately to VAI, along with any names and addresses of witnesses and involved parties. Pilot will not allow the aircraft to be moved unless expressly authorized to do so by VAI or authorities. Pilot will do all that is possible to protect the aircraft from further loss or damage.
VI. Entire Agreement. This agreement supercedes any prior negotiations and agreements between the parties regarding the same issues addressed herein. This Agreement may be amended by VAI as required. The Pilot certifies that all information supplied to VAI is true and correct.
VOYAGER AVIATION INTERNATIONAL, LLC
The person listed below (The “Participant”) would like to take part in a flight activity and/or program with Voyager Aviation International, LLC, including riding in an airplane. These activities and/or programs are conducted by pilots who are licensed by the Federal Aviation Administration (“FAA”). These pilots fly a wide variety of aircraft that are also licensed by the FAA. I represent and warrant that I am the Participant, Participant’s parent or legal guardian, and that I have the authority to enter into this agreement on behalf of myself or the Participant. In exchange for being allowed to take part in the flight activity and/or program offered, the Participant and/or I agree as follows:
ASSUMPTION OF RISK: The Participant and/or I understand that flying in airplanes and being around airplanes involves risks. Serious injury or death can result from many causes, including without limitation airplane crashes, falls, pilot error, ground crew error, engine or mechanical failure, negligent maintenance, defects in runways, interference by wildlife and other objects, difficult search and rescue conditions, inadequate emergency response, weather or terrain conditions, contaminated fuel, or hard or forced landings. Injuries could be minor such as bruises, scratches and sprains, major such as eye injuries, broken bones and concussions, or catastrophic such as paralysis, severe burns or death. I understand these risks as a Participant. If I am authorizing participation of a minor and the Participant is old enough to understand these risks, I have explained them to him or her. The participant and/or I (for ourselves, our heirs, family members, personal representatives and assigns) assume all risks and full responsibility for any injury or death arising from taking part in any Voyager Aviation International (VAI) program including riding in an airplane.
AGREEMENT TO WAIVE LIABILITY AND NOT TO SUE: The Participant and/or I (for ourselves, our heirs, family members, personal representatives and assigns) release and discharge: (a) Voyager Aviation International, LLC; and (b) the officers, directors, employees, flight instructors, pilots, agents, divisions, affiliates and volunteers of corporation (collectively, the “Releasees”) from, and agree not to sue the Releasees or any of them for, any and all claims against any of the Releasees for any injury or death arising from the Participant’s participation in VAI’s flight training, camp, scenic tour, or discovery program. This release, discharge and agreement not to sue applies to all legal rights, including those resulting from any negligence of Releasees, other than those resulting from the gross negligence or willful misconduct of such Releasee.
IDEMNIFICATION: The Participant and/or I agree to indemnify and hold the Releasees harmless from any claims, cost, damages, and liabilities, including attorney’s fees, arising from taking part in a VAI program. This duty to indemnify and hold the Releasees harmless applies even if any of the Releasees is negligent; however, indemnification of any Releasee is not required if such Releasee is grossly negligent or has engaged in willful misconduct.
LEGAL ADVICE: I know that I can talk to my legal advisor about this Agreement and I have either done so or chosen not to. I understand that I have the right and have been given the opportunity to object to and bargain about the provisions of this Agreement and intend it to be the unconditional release of all liability to the greatest extent allowed by law.
Before Consenting, Carefully Read This Entire Agreement
Parent/Legal Guardian consent is required in the event The Participant is a minor.
VOYAGER AVIATION INTERNATIONAL, LLC
I grant to Voyager Aviation International (“VAI”), its representatives and employees the right to take photographs of me and my property in connection with VAI, aviation, and other relevant activities of this subject.
I authorize VAI, its assigns and transferees to copyright, use, and publish the same in print and/or electronically.
I agree that VAI may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
VOYAGER AVIATION INTERNATIONAL, LLC