This rental agreement shall govern the relationship between Allen Aviation LLC d/b/a AeroVenture, AeroVenture Flight Center, et al., hereafter referred to as “Company” and the undersigned renter / student, hereinafter referred to as “Renter”, for all rental transactions between Company and Renter. Payment is expected upon receipt of services. Payment in advance may be held on account with training and rental services charged against the account until the credit balance has been used. Company may, at its sole discretion, elect to require a balance be held on account prior to dispatch of a rental or training flight. Please see the "Financial Policies" section of our separate participant waiver for additional financial information. Rental time is based on the Hobbs meter time rounded up to the next 1/10th hour. Aircraft may be scheduled in person, over the telephone during business hours at (866) 252 AERO, or via email by writing Fly@AeroVenture.org. Stipulations for use of aircraft: I Agree 1. The following training prohibitions exist for Company aircraft: spins and acrobatic maneuvers in Company aircraft are not permitted at any time unless specifically authorized by the Chief or Assistant Chief Pilot and performed in an aircraft approved for the proposed maneuvers. I Agree 2. Renter agrees to use Company aircraft for their business and personal purposes and is in no way authorized to act as an agent of the Company. Renter will not conduct flights for the purpose of giving flight instruction or any other commercial purpose. I Agree 3. Renter shall hold certificates and ratings issued by authorized agencies of the United States of America as appropriate for the category, class, make and model of aircraft to be operated. Student and Renters must have current instructor endorsements for solo flight, class B airspace, complex, etc., appropriate to the flight operation. Further, the Renter must possess a current FAA issued medical or BasicMed certificate appropriate for the type of operation to be conducted or a State Driver’s License to operate as a Sport Pilot. Renter must have the appropriate pilot certificates, medical certificates (where required), photo identification, and log book (if operating as a student or sport pilot) in their possession during flight or in the vicinity of the aircraft. I Agree 4. Renter will provide background information to the Company of:(i) Any incident or accident, major or minor, they have ever been involved in, whether or not Company aircraft was involved; (ii) Any action taken by Federal, State of Local authorities against their certificates. I Agree 5. Renter agrees to engage in, and pay for, flight checks and aircraft checkout by the appropriate Company flight instructor for every aircraft the Renter intends to rent from the Company. Renter further agrees to flight checks for any of these conditions/situations: a. Renter has not flown in Company aircraft of same make and type in the preceding 90 days b. IFR proficiency flights c. Currency for night flight d. ANNUAL flight review I Agree 6. Renter is expected to perform a thorough preflight inspection as specified in 14 CFR Part 91, Subpart B for any aircraft intended for flight. The Renter is expected to note any discrepancies with the aircraft and to refuse operation of any aircraft that does not meet the requirements as set forth in 14 CFR Part 91, sections 91.7 and 91.9 and other sections as applicable. A Renter who begins a flight in an aircraft that is known to be in an unairworthy condition assumes all liability and responsibility for any damage or injury that may result from such action. Renter must also adhere to PAVE / IMSAFE procedures, assessing Pilot Aircraft EnVironment External Pressures / Illness Medication Sleep Alcohol Fatigue Eating. I Agree 7. Renter agrees to use all applicable aircraft checklists for each appropriate phase of operation including preflight inspection, pre-engine startup, engine startup, taxi, takeoff, cruise, approach to landing, landing, after landing, shutdown, and post-flight. Prior to taxiing on the ramp or taxiways, the student will determine that the taxi paths are clear of obstructions. Prior to leaving the ramp area, radio contact is to be established on the proper ground or traffic advisory frequency. Taxi speed will not exceed 10 MPH. I Agree 8. Renter will ensure that the aircraft is operated with:(i) Proper quantity and type of engine oil; (ii) Proper type and octane of fuel; and (iii) Adequate fuel is loaded for the intended flight, including reserves of no less than 1 hour. I Agree 9. Renter is responsible for the proper operation of all equipment in the aircraft including, but not limited to: communication and navigation radios, GPS, autopilot, etc. I Agree 10. Renter agrees to comply with the provisions of 14 CFR Part 91 Subpart B (specifically 91.103), and all other applicable sections, for all flights. I Agree 11. Renter will never interfere with the operation of the Hobbs or tachometer of an aircraft. This includes: disconnection of wiring, pulling of fuses or circuit breakers, setting of flight controls into unsafe positions. I Agree 12. Renter agrees to adhere to the aircraft dispatch policies in use by the Company. Renters are required to utilize ATC Flight Following and/or file and activate an FAA flight plan for all cross-country flights in excess of 50 nm. A copy of flight plans and navigational log should be attached to the aircraft dispatch form. Renter further agrees to adhere closely to weather and wind restrictions as set forth in the Dispatch Policies as detailed below. I Agree 13. For Renters who are Student pilots:a. Solo students must conduct a preflight briefing with their Instructor prior to EVERY solo flight. b. Solo students will not operate aircraft when the wind, gusts or crosswind components exceed or are forecast to exceed the lower of maximum demonstrated velocities listed in the Pilots Operating Handbook, the limits presented in the current Dispatch Polices, or in any way contrary to limitations imposed by their instructor’s student solo endorsement(s). c. Solo student pilots will not operate aircraft when weather or forecast weather is lower than the minimums set forth in the current Dispatch Policies. I Agree 14. Renter agrees to ensure the aircraft is parked and secured with particular attention to the following:a. Flight control/gust locks in place (or seat belt around the stick or yoke). b. Seat belts secured inside the aircraft. c. Doors/canopy closed and latched/baggage compartment latched. d. Chocks in place. e. Tie-downs secured. f. Propeller covers, pilot tube covers, cabin covers/sunscreens installed (as available). g. Trash removed from the interior and baggage compartments. h. All personal or loaned accessories, headsets, charts, etc. are removed from the aircraft. i. Proper Hobbs time increment is recorded on the dispatch sheet and/or aircraft flight log. j. Thorough cleaning of any condition caused by liquids or solids being dropped, spilled, leaked, dripped, excreted or vomited within the interior of the aircraft. k. Master and ignition switches off. Renter will be charged $25.00 for failing to attend to all items a - i, and $75.00 for failing to attend to items j and k. Renter agrees to always return the aircraft in a ready-to-fly condition when checked in at Company. I Agree 15. Renter is fully responsible for landing, tie-down, ramp, departure or any other fees or taxes at airports other than the Company’s home airport. I Agree 16. Renter agrees to return the aircraft at the agreed time and place. Renter will inform Company as soon as practicable if the aircraft is to be kept longer than originally planned. I Agree 17. Renters are encouraged to always exercise conservative decisions when faced with possible delays due to weather or mechanical problems. Company is not responsible for incidental costs that may be incurred by the Renter, passengers, or any other persons in the event that the aircraft cannot be returned to the home airport. This includes telephone calls, rental cars, hotel rooms, airline tickets, meals, loss of revenue, inconvenience, etc. Further, the Company shall not be responsible for any airport or other charges incurred during such delays. I Agree 18. For reasons other than those resulting from bona fide mechanical conditions as determined by a certificated mechanic designated by the Company, Renter shall remain responsible for the aircraft and will pay all costs incurred to return the aircraft to Company. At its option, Company reserves the right to charge the Renter for "loss-of-use”, i.e., estimated revenues that would have been earned from flights and instruction that were scheduled or were anticipated to be scheduled had the aircraft been returned as required. I Agree 19. Renter understands that he/she is prohibited from:a. Hand-propping to start an aircraft. b. Carrying pets or animals without expressed written approval of Company. c. Smoking or allowing smoking, in or near an aircraft. d. Consuming food or beverages, other than water, in an aircraft. e. Operating an aircraft in violation of the terms of this agreement. f. Starting, taxiing, or flying an aircraft while under the influence of alcohol or drugs. g. Operating in violation of: (i) provisions of the Federal Aviation Regulations (14 CFR); (ii) in violation of any Federal, State or Local law or ordinance; (iii) in violation of any Letter of Agreement executed by Company with any federal, state or local authorities. h. Operating beyond the limitations of the aircraft as described in the flight manual, placards, safety notices, or Company operating procedures. i. Operating the aircraft outside the continental United States of America without expressed written approval of the Company and its insurance underwriters. j. Operating a VFR flight in less than VFR weather minimums appropriate to the airspace and lighting conditions as set forth in the Dispatch Polices. k. Operating at unlit airports during night operations. l. Operating at airports with unpaved runways and/or taxiways. Grass operations may be allowed at specific public use airports with prior Company approval. m. Operating at airports where intended runways have usable lengths of less than 2,500 feet without prior Company approval. I Agree 20. Renter agrees to operate the aircraft from the Pilot In Command (PIC) seat as the sole manipulator of the controls. Right seat PIC flying is permitted for CFI students or certificated instructors only. I Agree 21. Renter agrees to not tamper with nor attempt to repair any part or the aircraft (including equipment and accessories). Renter will contact Company for instructions on how to proceed in situations where any aircraft equipment or accessories malfunction. I Agree 22. In the event of accident or incident involving Company aircraft, Renter will act according to the tenets of NTSB Part 830; particularly:a. Seeking to secure the scene of the incident and, as far as possible, preserve and prevent any further damage to passengers or aircraft. b. Notifying and cooperating with the proper Federal, State, and local authorities. c. Reporting the event to Company as soon as possible using any communications means possible. d. Seeking to gather names and addresses of any witnesses to the event. e. Preparation and filing of forms required or requested by local, state or federal authorities, insurance underwriters or the Company. f. Assisting and cooperating fully with the Company on any insurance or legal claims. I Agree 23. Renter agrees to assume responsibility for any loss or damage to, or involving, Company aircraft caused in whole or in part by Renters negligence, violation of Federal Aviation Regulations (Title 14 CFR), improper procedures, acts contrary to local, state or federal laws, ordinances or regulations, acts or failure to act in regards to the proper inspection and operation of Company aircraft, or any act contrary to the established policies and procedures of the Company. These losses include, but are not limited to, loss of commercial use. I Agree 24. Renters are required to have a valid, in-force renters’ insurance policy with hull damage coverage of no less than $20,000 prior to any rental dispatch. Regardless of renters’ insurance coverage, Renter is personally responsible for any and all damages incurred during rental, including loss of use and loss of value to the rented aircraft. This responsibility also includes any insurance deductible incurred by Company for damage sustained during rental, and any damage caused to tires, brakes and landing gear due to excessive braking or improper operation. Additionally Renters utilizing the Company’s flight instruction services agree that these services are provided and billed on an hourly basis, and that such services are fully earned when rendered. Renter further acknowledges that effective training requires diligent study and preparation by the student. A scheduled lesson for which a student is unprepared or has not completed prior assignments may be discontinued by an instructor. The student may be charged the full lesson rate for any discontinuances at the discretion of the management. If a student is dissatisfied with instruction or other services received for any reason, he/she should immediately discuss the matter with the Chief or Assistant Chief Instructor, or another member of management. Any such concerns must be brought to management attention within five days after completion of the lesson or incident at issue. Additionally, Renter acknowledges that each student will progress at different rates due to many factors including individual aptitude, home study habits, prior experience, frequency of training, weather, and many other personal, emotional or environmental factors. Company estimates of the time or cost required to complete any course of study are based on broad general averages and may not be representative of Renter’s individual experience. I Agree Release / Hold Harmless
Renter indemnifies and holds harmless Company against any loss, damage or expense, including, without limitation, taxes, penalties, interest, claims, assertions, suits, judgments, fees, charges and reasonable attorney's fees, asserted against or suffered by Company arising out of or resulting from (i) any breach of this agreement by Renter. (ii) any liability, obligation, demand, claim, action, or judgment which may arise by reason or in connection with Renter's operation of Company aircraft or participation in activities under this agreement. Renter is seeking to participate in flying and related activities. Renter acknowledges and understands the risks and hazards inherent or to be anticipated in being a pilot, student pilot, or a passenger in such related activities. Renter voluntarily chooses to participate with full knowledge of these risks and hazards. In consideration of the above named Renter being permitted to participate as described above and use Company services, facilities and equipment, Renter, for himself/herself and his/her personal representatives, affiliates, partners, assigns, heirs and next of kin, hereby covenants not to sue, releases, waives and discharges Company from any and all liability to the Renter, his or her personal representatives, affiliates, partners, assigns, heirs, and next of kin, for any and all loss or damage, and from every claim, demand, action or right of action, of any kind or nature, either in law or in equity, related to injury to the person or property of, or resulting in death of the Renter or any other person, whether caused by the negligence of the Company or otherwise related to Renters participation or contemplated participation in activities described above. Renter expressly agrees that this Agreement, including any release, waiver, and indemnity sections herein, is intended to be as broad as permitted by the State of Massachusetts and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. STUDENT PILOT AGREEMENT: This additional section applies for ANY type of training with an AeroVenture Flight Center CFI, including primary, advanced, and recurrent. 1. Students are expected to show up for their lesson, rain or shine, unless students have contacted the dispatch desk to discuss and make alternate arrangements. Failure to cancel lessons 24 hours in advance or no-show will result in a charge in accordance with our cancellation policy noted below. If there is a question regarding your lesson, contact (866) 252 AERO // ext. 706, or Fly@AeroVenture.org. 2. All students are under the direct supervision of AeroVenture instructors at all times. All students must receive dual every 30 days, and it is the student’s responsibility to ensure current solo endorsements are provided in their logbook within the preceding 90 days in order to fly solo. 3. A minimum of 30 minutes (or, 0.5) ground instruction / administrative time applies to all dual / solo flight lessons. This assumes at least 15 minutes briefing prior to departure and 15 minutes postflight debrief with an instructor. Students enrolled in TOP GUN are exempted from this provision. 4. Instructor approval must be obtained prior to any student solo flight, and it is the responsibility of the student to ensure an appropriate logbook endorsement is made by an instructor prior to each solo / solo cross country flight. The student must carry his/her logbook and student pilot certificate / medical on each solo flight with appropriate endorsements per FAR’s. A stage-check with AeroVenture’s Chief Flight Instructor must be completed (1) prior to a student’s first solo flight, (2) prior to the first solo cross country, and (3) prior to requesting a checkride with the FAA or a Designated Pilot Examiner (DPE). 5. Solo flight will be allowed to depart when surface winds are less than 22 knots and forecast to remain less than 22 knots for the entire solo flight. Visibility must be at least 3 miles for local solo flights and at least 7 miles for cross-country solo flights at the departure airport, enroute, destination airport and for the return flight. The crosswind component is not to exceed 15 KTS. Flight instructor endorsement limitations placed in the student’s logbook will supercede this paragraph at all times. 6. Dual flights will be allowed in the pattern when the visibility is at least one mile and at least 3 miles for out of pattern flights. 7. Prior to taxiing on the ramp or taxiways, the student will determine that the taxi paths are clear of obstructions. Prior to leaving the ramp area, radio contact is to be established on the proper ground or traffic advisory frequency. Taxi speed will not exceed 10 MPH. 8. Students will familiarize themselves with the locations of ramp fire extinguishers so that in case of a fire upon starting the engine, a quick extinguishing can be accomplished. Students should also follow the proper starting engine fire checklist available in the aircraft. 9. When an aircraft has made an unscheduled landing on or off airports, the student will call AeroVenture's dispatch at (866) 252 AERO for instructions prior to departure. 10. ALL pre-flight discrepancies will be reported to dispatch for corrective action prior to departure. All other discrepancies will be noted on the electronic aircraft sheet in “MX Squawks” at the end of flight. Students will conduct a brief postflight inspection while securing the aircraft after flight. 11. All aircraft will have gust locks in place or control wheels strapped and aircraft firmly tied down and/or chocked when not in use. Parking brakes should also be engaged, except for overnight. 12. One hour of fuel reserve is necessary for local and cross-country flights. 13. The student will exercise conscientious and continuous surveillance of the ground, obstacles, and airspace in which the airplane is being operated, to guard against potential collisions. In addition to “see and avoid” practices, he or she is expected to use VFR advisory service at non-radar facilities, airport advisory service at non-towered airports or FSS locations, and radar traffic information service, where available. 14. Flying below minimum safe altitudes as outlined in FAR 91.119 A, B, and C, is prohibited. 15. Practice area will be that airspace within a radius of 10 - 15 statute miles of the base airport, excluding the airspace within Class B, C or D. Flight maneuvers assigned by the instructor will be performed within the approved practice areas only. 16. All stall maneuvers will be performed at an altitude of not less than 3,000 feet AGL and only after performing clearing turns. 17. All aircraft shall be flown at power settings 65% or less as determined by the proper power chart for the particular aircraft and altitude, except for take-off and climb out. 18. All landing and/or parking fees will be the responsibility of the student pilot during their solo cross country flights. 19. Students are expected to purchase fuel at all destinations on their cross country flights. Receipts will be turned into dispatch upon return and the flight billed out less the fuel expense noted on the receipt at the fuel rate current at Mansfield Municipal Airport. 20. Students will file a flight plan for all cross country legs even if using flight following. 21. Allen Aviation LLC Student Pilot Agreement policies are subject to periodic reviews and changes at which time the renewed agreement will be signed and acknowledged by the student. I Agree FLIGHT ACCOUNTS AND CANCELLATION POLICY Flight account and cancellation policies will be upheld based upon the most recent participant waiver signed and agreed to by the student. I Agree Do not sign this agreement unless you have read, understand, and agree to all of the terms and conditions herein. Having read and understood this agreement, I agree to all terms and conditions as set forth. Company reserves the right to cancel this agreement at any time without prior notice to Renter. |