WP E-Signature by Approve Me - Sign Documents Using WordPress -

FLIGHT SCHOOL ON-BOARDING AGREEMENT

THIS FLIGHT SCHOOL ON-BOARDING AGREEMENT (this “Agreement”), dated as of the Effective Date (as defined in this Agreement), is made by and between Pilotsmith, Inc., a Wisconsin corporation (“Pilotsmith”), and the undersigned adult individual (“Customer”). Pilotsmith and Customer may be referred to in this Agreement individually as a “Party” and together as the “Parties”).

RECITALS

WHEREAS, Pilotsmith operates a flight school with training facilities located throughout the State of Wisconsin and the Upper Peninsula of Michigan (the “Flight School”);

WHEREAS, Pilotsmith also conducts business under the name “CAVU Flight Academy”;

WHEREAS, Customer desires to enroll as a student of Pilotsmith or have Customer’s minor child (“Minor Student”) enroll as a student of Pilotsmith; and

WHEREAS, as a part of the enrollment process, Pilotsmith requires that Customer enter into this Agreement, which sets forth certain terms, conditions, covenants, representations, acknowledgments, and agreements relating to Customer’s and Minor Student’s (if applicable) enrollment and participation in the Flight School.

NOW, THERFORE, in consideration of the foregoing recitals, the terms, conditions, covenants, representations, acknowledgments, and agreements set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Term; Automatic Renewal; Termination. This Agreement commences on the Effective Date and, unless terminated in accordance with this Section 1, continues in effect for a term of one (1) year. Thereafter, unless terminated in accordance with this Section 1, this Agreement shall automatically renew on the same terms and conditions stated in this Agreement for additional, consecutive one (1) year terms. Notwithstanding anything to the contrary contained in this Agreement, this Agreement may be terminated: (a) by mutual written agreement of the Parties; or (b) by either Party by providing thirty (30) days’ written notice to the other Party of the terminating Party’s intent to terminate this Agreement.

2. Consent and Authorization for Minor Student; Responsibility for Payment. If Customer is entering into this Agreement for the benefit of a Minor Student, then Customer acknowledges, agrees, represents, and warrants as follows:

2.1 Parent/Legal Guardian. Customer represents and warrants that Customer is a parent or legal guardian of Minor Student.

2.2 Consent and Authorization for Minor Student. Contemporaneously with the execution and delivery of this Agreement, Customer shall execute and deliver a Minor Consent Authorization Form substantially in the form attached to this Agreement as Exhibit A, which is incorporated in this Agreement by reference.

2.3 Responsibility for Payment. Customer shall be responsible for paying all rates and fees charged by Pilotsmith to Customer or Minor Student arising from or relating to Minor Student’s participation in the Flight School.

3. Medical Certificate. Customer shall be responsible for ensuring that Customer or Minor Student (as applicable) is medically qualified for the pilot certificate and/or rating(s) that Customer or Minor Student (as applicable) is pursuing through enrollment and participation in flight training through the Flight School. Customer acknowledges that Pilotsmith recommends that Customer or Minor Student (as applicable) obtain the appropriate medical certificate from an Aviation Medical Examiner at the highest class necessary prior to commencing flight training through the Flight School. Pilotsmith shall not be responsible for Customer or Minor Student (as applicable) being denied a medical certificate or Customer or later becoming medically unqualified after issuance of the appropriate medical certificate to Customer or Minor Student (as applicable).

4. Pilotsmith Billing Policy; Rates and Fees.

(a) Customer acknowledges that Customer has read and understands Pilotsmith’s Billing Policy Notice, which can be found at https://www.pilotsmith.com/policies/, which may be modified or amended from time-to-time by Pilotsmith (in its sole discretion). Customer acknowledges that Customer has been provided with a schedule of Pilotsmith’s current rates and fees, which can be found at https://www.pilotsmith.com/policies/. Customer acknowledges and agrees that those rates and fees may be modified or amended from time-to-time by Pilotsmith (in its sole discretion). Customer acknowledges and agrees that Pilotsmith need only post modified or amended rates and fees on its website, http://www.pilotsmith.com/, or provide e-mail notification to Customer for those modified or amended rates and fees to become effective and binding upon Customer under this Agreement.

(b) Customer acknowledges, understands, and agrees that all rates and fees charged by Pilotsmith are non-refundable, and, unless alternate payment arrangements have been made between Pilotsmith and Customer, payment for services rendered by Pilotsmith are due by Customer at the conclusion of the performance of each of those services by Pilotsmith. Customer agrees to pay all rates and fees charged by Pilotsmith to Customer under this Agreement when due.

(c) Customer acknowledges and understands that, if Customer fails to make any payment when due, Customer will be charged and responsible for paying an additional non-payment fee equal to $20.00 per occurrence.

(d) The Parties acknowledge that Customer may be a veteran, and, because of Customer’s status as a veteran, Veterans Affairs may cover all or some of the cost of Customer’s enrollment and participation in the Flight School. Customer understands, acknowledges, and agrees that Customer shall be responsible for and pay all rates, fees, and costs not covered by Veterans Affairs.

5. Retention of Customer Credit Card Information; Authorization to Charge Customer Credit Card; Credit Card Processing Fee. Contemporaneously with the execution and delivery of this Agreement, Customer shall execute and deliver a Credit Card Information Retention and Authorization Agreement substantially in the form attached to this Agreement as Exhibit B, which is incorporated in this Agreement by reference. Customer acknowledges and understands that Pilotsmith charges a credit card processing fee on all credit card transactions, the amount of which will be displayed on Pilotsmith’s credit card payment kiosk at the time of Customer’s payment.

6. Pilotsmith Student Policies. Customer acknowledges that Customer and Minor Student (if applicable) have read and understand all of Pilotsmith’s current policies and procedures, which can be found at https://www.pilotsmith.com/policies/ and may be modified or amended from time-to-time by Pilotsmith (in its sole discretion). Customer and Minor Student (if applicable) shall abide by and comply with all such policies and procedures at all times while enrolled and participating in flight training through the Flight School and operating any aircraft during the course of such flight training. Additionally, Customer acknowledges and understands that solo flight time in a Pilotsmith-provided aircraft by a Flight School student is not permitted without a supervising flight instructor provided by Pilotsmith.

7. Aircraft Rental Agreement; Annual Insurance Disclosure. Customer acknowledges that, after Customer or Minor Student (as applicable) becomes certified by the Federal Aviation Association as a pilot, Pilotsmith may allow Customer to rent aircraft through Pilotsmith for Customer’s or Minor Student’s use (as applicable). If Customer desires to rent an aircraft through Pilotsmith, Customer must first execute and deliver an Aircraft Rental Agreement substantially in the form attached to this Agreement as Exhibit C, which, when fully executed, will be incorporated in this Agreement by reference. Additionally, as required by Wisconsin law, on an annual basis, Pilotsmith must provide to Customer, and Customer must acknowledge receipt of, a Wisconsin Annual Notice of Insurance Coverage substantially in the form attached to this Agreement as Exhibit D, which, when executed and returned, will be incorporated in this Agreement by reference. If Customer fails to timely return an executed Wisconsin Annual Notice of Insurance Coverage to Pilotsmith, as requested on an annual basis, then Pilotsmith may suspend all of Customer’s rights under the Aircraft Rental Agreement until Customer has returned an executed Wisconsin Annual Notice of Insurance Coverage to Pilotsmith. Further, Customer acknowledges and understands that the Aircraft Rental Agreement sets forth additional insurance requirements with regard to the rental of an aircraft through Pilotsmith.

8. Customer-Provided Aircraft Policy.

8.1 Insurance. The Parties acknowledge that Customer or Minor Student (as applicable) may choose to receive flight training services through the Flight School in an aircraft provided by Customer. If Customer or Minor Student (as applicable) chooses to receive flight training services through the Flight School in a Customer-provided aircraft, then Customer must first add Pilotsmith to Customer’s insurance policy covering the Customer-provided aircraft as an additional insured with a waiver of subrogation and cause a certificate of insurance stating as such to be issued to Pilotsmith. This must occur before any Pilotsmith instructor provides any flight training in a Customer-provided aircraft. Additionally, if Customer or Minor Student (as applicable) is unable to act as “pilot in command” of the Customer-provided aircraft, then Customer must also cause the flight instructor to be approved by Customer’s insurance provider. Customer acknowledges and agrees that Pilotsmith’s instructional and Non-Owned Aircraft policy(ies) shall at all times be secondary to Customer’s insurance when utilizing the Customer-provided aircraft for flight instruction. This policy may be modified or amended from time-to-time by Pilotsmith (in its sole discretion) by Pilotsmith either posting the updated policy on its website or e-mailing a copy of the modified or amended policy to Customer, at which time such modified or amended policy will become effective and binding upon Customer under this Agreement.

8.2 Indemnification. Customer agrees to defend, indemnify and hold harmless Pilotsmith, its owners, officers, directors, agents, and employees from and against all lawsuits, losses, claims, obligations, demands, assessments, penalties, liabilities, costs, damages, reasonable attorney’s fees, and expenses incurred by any or all of the foregoing arising from or relating to damage caused to or by any Customer-provided aircraft.

9. Flying Club Membership. Customer acknowledges and understands that Pilotsmith offers its Flight School students the opportunity to participate in its “Flying Club” program, which, in exchange for monthly membership dues, offers certain benefits based upon the membership tier to which Customer or Minor Student (as applicable) belongs. If Customer or Minor Student (as applicable) desires to participate in the “Flying Club”, Customer must first execute and deliver a Flying Club Membership Agreement substantially in the form attached to this Agreement as Exhibit E, which, when fully executed, will be incorporated in this Agreement by reference.

10. Updated Pilotsmith Policies and Procedures. As previously described in this Agreement, unless otherwise set forth in this Agreement, all of Pilotsmith’s policies and procedures pertaining to Customer and Minor Student with regard to their enrollment and participation in flight training through the Flight School can be found at https://www.pilotsmith.com/policies/. Customer acknowledges that Pilotsmith may from time-to-time modify or amend any such policy or procedure in Pilotsmith’s sole discretion. Customer acknowledges and agrees that Pilotsmith need only either post modified or amended policies and procedures on its website or provide e-mail notification to Customer regarding any modified or amended policy or procedure for those to become effective and binding upon Customer under this Agreement.

11. Waiver of Liability and Release of Claims. Contemporaneously with the execution and delivery of this Agreement, Customer shall execute and deliver a Waiver of Liability and Release of Claims substantially in the form attached to this Agreement as Exhibit F, which is incorporated in this Agreement by reference.

12. Apparel License and Usage.

12.1 Jacket. The Parties acknowledge that, as an added benefit of Customer or Minor Student (as applicable) being or having been enrolled in the Flight School, Pilotsmith may loan to Customer or Minor Student (as applicable) a jacket bearing the “Pilotsmith” and/or “CAVU Flight Academy” logo, Cirrus Aircraft’s logo, and/or Customer’s or Minor Student’s (as applicable) name (the “Jacket”) at no additional cost to Customer, as long as Customer or Minor Student (as applicable) complies with the terms of this Agreement. As long as Customer or Minor Student (as applicable) is or has been enrolled in at least one (1) Flight School course or program, Pilotsmith will loan one (1) Jacket to Customer at no cost to Customer. While the Jacket is in Customer’s or Minor Student’s (as applicable) possession, the Jacket shall remain Pilotsmith’s property. If the Jacket is lost, stolen, damaged (normal wear and tear excepted), or destroyed, then Pilotsmith will loan Customer or Minor Student (as applicable) a replacement Jacket only if Customer first pays Pilotsmith for the cost of replacing the first Jacket.

12.2 Additional Patches. Customer acknowledges that Customer or Minor Student (as applicable) may be enrolled in or have previously completed a certain Flight School course or program that may entitle Customer or Minor Student (as applicable) to have an additional patch or additional patches sewn or embroidered on to the Jacket upon Customer’s request as a reward for Customer’s or Minor Student’s (as applicable) completion of that Flight School course or program. When earned by Customer or Minor Student (as applicable), such additional patch or patches will be sewn or embroidered on to the Jacket by Pilotsmith. Customer acknowledges that the completion of a similar course or program through a third party does not entitle Customer or Minor Student (as applicable) to any such additional patch or patches.

12.3 No Modification. Neither Customer nor Minor Student may modify, alter, deface, or remark the Jacket or any element of the Jacket in any way. By way of example, Client may not sew or embroider any patches on to the Jacket that are not approved by Pilotsmith.

12.4 No Duplication. Neither Customer nor Minor Student may duplicate the Pilotsmith or Cirrus Aircraft logo on any other item of tangible property without prior written consent of Pilotsmith or Cirrus Aircraft, respectively.

12.5 Return of Jacket. Customer or Minor Student (as applicable) shall return the Jacket to Pilotsmith upon termination of this Agreement. Additionally, if Customer or Minor Student (as applicable) violates the terms of this Section 12, then Customer or Minor Student (as applicable) must immediately return the Jacket to Pilotsmith.

13. Release of Likeness; Image Use. By executing this Agreement, Customer irrevocably consents to and authorizes the use by Pilotsmith, and its affiliates, directors, officers, employees, and agents, of Customer’s and Minor Student’s image, voice, and/or likeness as follows:

(a) Pilotsmith may photograph, videotape, film, record, publish, re-publish, exhibit, reproduce, edit, modify, distribute, display, or otherwise use or reuse Customer’s and Minor Student’s image, voice, and/or likeness in connection with any product or service offered by Pilotsmith in all advertising, markets, media, or technology, now known or later developed, without review by or compensation to Customer of any amount or kind whatsoever, as long as there is not intent to use the image, voice, and/or likeness in a disparaging manner.

(b) Pilotsmith shall have complete ownership of all photographs, videotapes, films, recordings, publications, reproductions, edits, modifications, distributions, displays, and other uses of Customer’s and Minor Student’s image, voice, and/or likeness in tangible form created by Pilotsmith in accordance with Section 13(a) above, and neither Customer nor Minor Student will have any interest therein or right thereto.

(c) Customer shall not hold Pilotsmith responsible for any liability resulting from the lawful use of Customer’s or Minor Student’s image, voice, and/or likeness in accordance with this Section 13.

(d) Pilotsmith may exercise any of these rights itself or through any successors, transferees, licensees, or other parties.

(e) Customer understands that Pilotsmith has the right, but not the obligation, to use Customer’s and Minor Student’s image, voice, and/or likeness in accordance with this Section 13.

14. General Provisions.

14.1 Notices. Unless otherwise provided in this Agreement, all notices, consents, waivers, and other communications required or permitted by this Agreement shall be in writing and shall be deemed given to a Party when: (a) delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (b) sent by facsimile or e-mail with confirmation of transmission by the transmitting equipment; or (c) received or rejected by the addressee, if sent by certified mail, return receipt requested, in each case to the following addresses, and marked to the attention of the person designated below (or to such other address, e-mail address, or person as a Party may designate by notice to the other Parties):

If to Pilotsmith:

Pilotsmith, Inc.

Attn: Charlie Smith, President
1911 Airport Drive
Green Bay, WI 54313
E-mail: charlie@pilotsmith.com

If to Customer:

	Adult E-Mail:

	Adult Name:

	Address:

14.2 Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of the State of Wisconsin, without regard to conflict of laws principles.

14.3 Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

14.4 Attorney’s Fees. Customer shall be responsible for all costs incurred by Pilotsmith in enforcing this Agreement (including, but not limited to, reasonable attorney’s fees incurred by Pilotsmith).

14.5 Waiver. Neither any failure nor any delay by any Party in exercising any right, power, or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. To the maximum extent permitted by applicable law: (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by the other Party; (b) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

14.6 Entire Agreement; Modification; Assignment. This Agreement supersedes all prior agreements, whether written or oral, between the Parties with respect to its subject matter and constitutes (along with Exhibits and other documents delivered pursuant to this Agreement) a complete and exclusive statement of the terms of the agreement between the Parties with respect to its subject matter. Except as otherwise set forth in this Agreement, this Agreement may not be modified, amended, or supplemented except by a written agreement executed by the Parties. This Agreement may not be assigned by Customer without Pilotsmith’s prior written consent.

14.7 Binding Effect. This Agreement is binding upon and inures for the benefit of Pilotsmith, and its shareholders, directors, officers, successors, and assigns, and Customer, and, if applicable, Minor Student.

14.8 Descriptive Headings. The descriptive headings of the several sections contained in this Agreement are included for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

14.9 Execution and Delivery of Agreement. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by e-mail or facsimile transmission shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by e-mail or facsimile transmission shall be deemed to be their original signatures for all purposes.

14.10 Interpretation. It is understood by the Parties that Wisconsin law provides that any ambiguity in an agreement is to be construed against the drafter of the agreement. The Parties hereby agree that this particular provision in Wisconsin law shall not apply to this Agreement. Instead, there shall be no presumption involved should an ambiguity exist in this Agreement. Any ambiguity shall be interpreted without regard to the identity of the drafter of this Agreement.

15. Wisconsin Annual Disclosure Notice

WISCONSIN ANNUAL NOTICE OF INSURANCE COVERAGE

If you rent or lease an aircraft from Pilotsmith, you are insured under an insurance policy held by Pilotsmith for liability arising from the use or maintenance of the aircraft. If liability coverage is provided, it is in the amount of $100,000, and is subject to a deductible in the amount of $5,000.00
If you rent or lease an aircraft from Pilotsmith, you are insured under an insurance policy held by Pilotsmith for damage to the hull of the aircraft. If hull insurance is provided, it is listed on the Pilotsmith website, and is subject to a deductible in the amount of $5,000.00
If you are insured under an insurance policy held by Pilotsmith, you may ask the rental agent for a copy of the certificate of coverage for further information about any limitations of coverage or other terms of coverage.
If you are not insured under an insurance policy held by Pilotsmith, it is recommended that you obtain insurance for liability and damage to the hull of the aircraft which may arise from your use of the aircraft.

The undersigned acknowledges receipt of an exact copy of this notice.

Customer further acknowledges while Customer has received the above required state disclosure that Pilotsmith has more strict requirements and Customer must provide my own insurance pursuant to the Aircraft Rental Agreement. Pilotsmith’s insurance may not cover all scenarios and has specific exclusions.

If Customer is entering into this Agreement for the benefit of Customer’s minor child:

Minor Student:
Students Date of Birth:

EXHIBIT A

MINOR CONSENT AUTHORIZATION FORM

EXHIBIT B

CREDIT CARD INFORMATION RETENTION AND AUTHORIZATION AGREEMENT

EXHIBIT C

AIRCRAFT RENTAL AGREEMENT

EXHIBIT D

WISCONSIN ANNUAL NOTICE OF INSURANCE COVERAGE

EXHIBIT E

FLYING CLUB MEMBERSHIP AGREEMENT

EXHIBIT F

WAIVER OF LIABILITY AND RELEASE OF CLAIMS

Signatures by and for:

Customer	Pilotsmith
	President

Leave this empty:

Your legal name

Your email address

Please Confirm full name and signature.

Draw Signature
Type In Signature

Draw your signature with your mouse, tablet or smartphone Clear

I agree that I am and I agree this is a legal representation of my signature for all purposes just the same as a pen-and-paper signature

I agree that I am and I understand this is a legal representation of my signature

Adopt & Sign

Signed by Charlie Smith
Signed On: September 7, 2024

Timestamp

Audit

August 26, 2024 3:49 pm CST

Annual Flight School Agreement Uploaded by Charlie Smith - charlie@pilotsmith.com IP 67.52.220.226

August 27, 2024 1:52 pm CST