Each Student must meet the prerequisites (the “Prerequisites”), detailed below, prior to enrolling in the Program. The Student must
Program Pricing is an Estimate: The Student acknowledges that the projected completion time of the Program is based upon an individual Student’s performance and abilities. The Student is responsible for and must meet the Minimum Requirements and any external FAA requirements. AAA does not guarantee a Student’s course completion or rate of progress. The Total Estimated Enrollment Cost or any other forecast of a Student’s expected tuition or other cost of enrollment is only an estimate. The successful completion of the Student’s Program requires skills, aptitude, diligence and capacity to accept and apply instruction and criticism. Therefore, the Student may be required to complete additional flight training or lessons, and incur resulting additional costs of attendance associated with additional training or lessons, in order to satisfy the Student’s Program. While the Total Estimated Enrollment Cost may serve as a forecast of a student’s expected, minimum costs, such estimate is not a fixed price.
Funding and Payments: The Student has elected to pay for his/her training in the manner specified within the “Administrative Information” form. Failure to pay the Student’s balance or make a scheduled payment will result in the Student’s account being turned over to a collection agency. Failure to pay the collection agency will result in the account being referred to a credit bureau after ninety (90) days of non-payment.
Additional Fees and Expenses: The Student is responsible for the following:
Termination: AAA shall possess the right, in its sole discretion, to amend, discontinue or otherwise terminate all or any portion of any of the Programs offered pursuant to this Agreement, at any time. Should AAA terminate this Agreement in such a manner, the Student’s enrollment at AAA shall immediately terminate and the Section 9’s Refund policy shall apply. AAA reserves the right, in its sole discretion, to terminate this Agreement and the Student’s enrollment in the event the Student violates any of the following: (i) the Aviation Academy of America Code of Conduct; (ii) the Aviation Academy of America Student Communication Policies; (iii) Aviation Academy of America Aircraft Usage Agreement; and (iv) any other policy or procedure as set forth by AAA. Additionally, AAA may, in its sole discretion, terminate this Agreement and the Student’s enrollment should the Student fail to make himself/herself available for any scheduled trainings; the Student demonstrates unsatisfactory progress in the Student’s Program due to a lack of effort or failure to apply himself/herself; the Student’s failure to complete study assignments, consistent tardiness or un-excused absences totaling fourteen (14) or more class periods; failure to operate with the requisite professional decorum required by the aviation industry or other misconduct; any drug or alcohol related incidents; incapacitation or inability to maintain a FAA Medical certificate; violations of FAA or AAA regulations and safety protocols; failure to make timely payments to AAA as requested or required; or if AAA, in its sole discretion, considers the Student’s competencies, capacity, aptitude or character unsuitable for further Program training, including, without limitation, the Student’s involvement in any criminal proceeding. Should AAA elect to terminate this Agreement for any of the reasons posed within this Section 8, or should the Student elect to voluntarily withdraw from the Program at any time, the provisions of AAA’s refund policy stated within Section 9 shall control. In the event that the student violates any FAA regulation, flight instructor direction, or AAA policy while on the premises or using any AAA-supplied equipment, AAA, in its sole discretion, may terminate the Student’s enrollment immediately with no refund. Such termination of the flight training at AAA’s sole discretion shall also include acts of gross negligence or willful misconduct, or any acts or omissions, whether intentional or not, that causes property damage, injury, or death, or creates the possibility thereof
Cancelation of Training and Refund Policy: Following the initiation of the Program, the Student may choose to cancel or discontinue their Program enrollment and may be entitled to a refund of funds within the Account (the “Refund”). In order to receive such refund, the Student must comply with all Refund policies of this Section 9. The fees, procedures and policies listed within this Section 9 are subject to change, at any time, by AAA.
Miscellaneous: Should any conflict or inconsistencies arise between the terms of this Agreement and any of the Exhibits to this Agreement, this Agreement’s terms shall supersede and control. No employee, agent or other representative of AAA may modify, amend or otherwise alter the terms of this Agreement without the formal written approval of the Chief Executive Office of the Vaayu Group (the “AAA Representative”). Any modifications, amendments or alterations to this Agreement without the formal approval of the AAA Representative shall be invalid. Student may not assign this Agreement to any other person or party. This Agreement and all related documents, including all Exhibits attached hereto, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with, the laws of the State of Texas without giving effect to the conflict of law provisions thereof. Any action or proceeding relating to this Agreement or its enforcement shall be commenced and heard only in the state courts of Comal County, TX or the United States District Court of the Western District of Texas. This Agreement, together with Exhibits A through E listed below, as well as any other terms AAA may, at any time, provide to Student, contains the entire agreement of AAA and the Student relating to the Student’s Program enrollment and supersedes all previous and contemporaneous agreements, understandings, usages of trade, and courses of dealing, whether written or oral. The following exhibits, attached hereto, are incorporated into this Agreement by reference:
|Aviation Academy of America Code of Conduct
|Aviation Academy of America Student Communication Policies
|Aviation Academy of America Aircraft Usage Agreement
|Aviation Academy of America Liability Release, Covenant Not to Sue and Assumption of Risk
|Current Aircraft/Training Hourly Rates
The Aviation Academy of America (“AAA”) has designed this Code of Conduct (the “Code”) to assist you, the Student, in understanding the principles and standards that govern the conduct of AAA’s business. High standards of integrity are essential to the Student’s success and the continued success of AAA’s business. The Student has an obligation to maintain ethical conduct and professional standards. It is AAA’s policy that all Students observe the spirit and letter of all laws and policies governing AAA’s operations, and conduct their affairs in keeping with the highest legal and ethical standards.
Introduction. The policies set forth in this Code may not cover every situation. If the Student is in doubt as to the proper course of action in any specific situation, the Student shall consult with AAA’s Chief Pilot. AAA expects all Students to comply with this Code and to conduct him/herself in a professional manner, at all times. Should any Student fail to comply with this Code, the Student may face severe consequences, including expulsion from any Program the Student may be enrolled within. AAA reserves the right, in its sole discretion, to terminate the Student’s enrollment, in the event the Student violates any of the policies set forth in this Code, the Enrollment Agreement or any other Exhibit to the Enrollment Agreement. In the event AAA expels or terminates the enrollment of the Student, the Refund policies provided within the Enrollment Agreement will control.
Unethical and Unprofessional Actions. The following actions are considered unethical and unprofessional, will not be tolerated by AAA and may result in the Student’s expulsion or termination of the Student’s Enrollment Agreement:
Undesirable Conduct. Undesirable Conduct is defined as any conduct which compromises or poses a risk of threat or danger to the safety, health or property of AAA, including but not restricted to other students, staff, the Student him/herself, or conduct which is disruptive of the educational process or any other just case.
Preparedness Policy: The Student must arrive well-prepared for each lesson. Well-prepared shall mean that the Student arrives to each class or training session with all assignments completed, all homework completed, and otherwise ready for scheduled flights
Lesson No-Show/Late Cancellation Policy: AAA reserves the right to impose a $250 charge per flight lesson or $50 charge per ground school lesson, for each lesson the student is a “no-show” or cancels a lesson with insufficient advance notice, arrives late, or arrives unprepared. AAA considers adequate advance notice to be at least twenty-four (24) hours before any lesson’s scheduled start time. Cross-country flights scheduled by AAA’s Flight Operations require the same twenty-four (24) hour advance notice of any lesson cancellation. If the Student is scheduled for a simulator lesson or flight, and weather or maintenance become a factor preventing such lesson or flight, the Student is still expected to arrive on-time for training. Any decision to cancel a lesson or flight is in the AAA instructor’s sole discretion. Such instructor shall decide the appropriate course of action in such situation, which may include substituting the planned lesson with another lesson more suitable to the conditions.
Substance Abuse: AAA is committed to providing a safe, healthy and productive educational environment. Consistent with this commitment, all AAA facilities, equipment and campuses (“AAA Premises”) are drug and alcohol-free spaces. Being under the influence of alcohol or illegal drugs (as classified under federal state or local laws) while on AAA Premises poses serious health and safety risks to AAA personnel, other students and potentially others, and will not be tolerated by AAA. Should the Student be found in violation of this Section 6, AAA reserves the right to immediately terminate the Student’s program enrollment and Enrollment Agreement.
Inquiries and Violations of this Code: The Student shall report to Chief Pilot at AAA any information or activity which violates, or which may violate, this Code. If the Student is in doubt as to whether there is an issue or about the proper course of action, the Student should consult the Chief Pilot. However, if you are not comfortable speaking with the Chief Pilot or are not satisfied with such individual’s response, you should contact the Business Manager.
Aviation Academy of America (“AAA”) is responsible for protecting its computer and telephone systems from unauthorized access and/or abuse, while at the same time making them accessible to authorized and legitimate users. This responsibility includes informing users of expected standards of conduct, and the consequences for not adhering to such standards of conduct.
Definitions: For purposes of this policy, “Computer Systems” shall refer to all devices connected to AAA’s computer network, either from within AAA’s offices or via remote access (Citrix, etc.), to include: PC workstations, laptop computers, loaner devices for remote use, printers, scanners, multi-function machines (copier/scanner/printer), and all other peripheral devices (monitors, keyboards, pointing devices, etc.). “E-mail” will refer to the sending or receiving of internal (within AAA users) or external messages and attachments, while the term “Internet” will refer to browsing or connecting to the Internet through AAA computer systems, either from inside AAA offices, or via remote access.
E-mail and Voicemail Policy:
Internet Policy: As a user of AAA’s network and computer system, you may be authorized to access the Internet. You should be aware that every Internet site you visit may be capable of determining who you are, and who you represent (i.e., AAA). Accordingly, access to the Internet should include the use of good judgment, common sense, and careful discretion. While AAA does not prohibit reasonable personal use of the Internet, sites visited and time spent on those sites must be consistent with AAA related needs. In general, Internet access should be limited to AAA business only.
Violations of these Policies: Should the Student abuse, neglect or otherwise violate any of the communication etiquette listed above with, but not limited to, behavior such as repeated calls, emails and text messages to AAA instructors or other staff members, or abuse of AAA’s Internet network will not be tolerated. Violations of this policy will result in disciplinary action ranging from a formal warning to termination of the Student’s enrollment at AAA. The Student is responsible for respecting and adhering to local, state, federal and international laws related to the access and use of AAA’s computer systems, software and telephone communications systems. AAA will cooperate fully with appropriate authorities to provide information related to actual or suspected activity not consistent with the law.
The Student is responsible for the safe and conscientious operation of all Aviation Academy of America (“AAA”) owned, leased or otherwise controlled airplanes or other machines capable of flight (the “Aircraft”) until it is returned and securely tied down at an AAA facility. The aircraft rental policies and conditions provided below apply to each Aircraft interaction the Student experiences during his/her self-selected program.
I, ___________________________ (the “Student”), agree to the following:
I, ______________________________, desire to participate in the Aviation Academy of America’s (“AAA”) flight training. In consideration of enrolling within AAA’s Program, and in recognition of AAA’s reliance hereon I agree to all the terms and conditions set forth in this instrument (this “Release”).
Liability Release: I understand and agree that neither AAA, nor any of AAA’s employees, officers, agents, contractors, affiliates and assigns (collectively, the “Releasees”), may be held liable or responsible in any way for any injury, death, wrongful death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in flying aircraft, flying in aircraft, flight instruction, aircraft rental, aircraft operations, ramp operations, or any associated activities involved with these activities, (hereafter referred to as “Flight Activities”), or as a result of the negligence of any party, including the Releasees, whether passive or active. I hereby expressly waive and release any and all claims now known or hereafter known against AAA and the Releasees, arising out of or attributable to my participation in the Flight Activities, whether arising out of the ordinary negligence of AAA or any Releasees or otherwise.
Assumption of Risk: I hereby affirm that I am aware that flying and activities associated with flying have inherent and unforeseeable risks which may result in serious injury, disability, death, wrongful death and/or property damage, and are considered potentially dangerous activities. I acknowledge that any injuries that I sustain may result from or be compounded by the actions omissions or negligence of AAA. Notwithstanding the risk, I acknowledge that I am voluntarily participating in the Program with knowledge of the danger involved and hereby agree to accept and assume any and all risks of injury, disability, death, wrongful death and/or property damage arising from my participation in the Program, whether caused by the ordinary negligence of AAA or otherwise. In consideration of being allowed to participate in Flight Activities, I hereby personally assume all risks of Flight Activities, whether foreseen or unforeseen, that may befall me while I am participating in these activities
Covenant Not to Sue: I covenant not to make or bring any such claim against AAA or any other Releasee, and forever release and discharge AAA and all other Releasees from liability under such claims. I, further release, exempt, and hold harmless the Released Parties from any claim or lawsuit by me, my family, estate, heirs, or assigns, arising out of my participation in Flight Activities including both claims arising during any course of training or after I receive my pilot certification(s).
I also understand that Flight Activities are physically demanding and that I must seek the ongoing care of a licensed and authorized aviation medical examiner and that I will not hold Released Parties responsible for events resulting from my physical condition, limitations, or incapacitation.
I further state that I am of lawful age and legally competent to sign this liability release or that I have acquired the written consent of my parent or guardian should I not be of lawful age. I understand the terms herein are contractual and not merely recital, and that I have signed this document of my own free act and with the knowledge that I hereby waive my legal rights.
If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of AAA and their respective successors and assigns.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT, THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS INCLUDING THE RIGHT TO SUE THE COMPANY.
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