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BLUE SKY AVIATION AIRCRAFT RENTAL AGREEMENT

THIS AIRCRAFT RENTAL AGREEMENT (hereinafter “ Agreement ” ) is made this _________day of the month of ___________of the year 2023 by and Between BLUE SKY AVIATION USA, INC (D/B/A BLUE SKY AVIATION) whose address 603 SW 77th Avenue Bobby;s Landing North Perry Airport, FL 33023 and _________________________(hereinafter “Renter“ ) whose address is____________________________________________WITNESS THAT:

This Agreement provides information to all pilots renting aircraft from BLUE SKY AVIATION USA and governs the rental of aircraft and provision of other services by BLUE SKY AVIATION USA Renter.

In consideration of the mutual covenants contained herein and other valuable consideration, the parties here to agrees as follows:

Aircraft Operations have inherent risk. 

Renter acknowledges there is risk for flight operations and has agreed to hold harmless and indemnify Blue Sky Aviation USA and its officers, employees, subcontractors, and representatives from any and all claims of damages to property, injuries or loss of life to person(s). 

Reservation

Aircraft may be reserved in person, over the phone during business hours or booking online. No rental is allowed with less than 24hrs notice of start time unless approved by Blue Sky Aviation in advance of the booking. All reservations that do not have a Blue Sky Aviation Instructor on board will be charged 70% of total reservation time regardless of hobbs used. Example: A two hr reservation will be charged 1.4 Hobbs or 1hr and 24mins. 90 minute reservation will be charged a minimum of 1 hour of flight time. A one hour reservation will be charged a minimum of 0.7 hours flight time. 

Cancellation

Renter agrees to schedule aircraft when their plans are definite and for the amount of time they intend to use the aircraft. Renter will give at least 24 hours notice when cancelling or changing scheduled flights for any reason other than unsafe weather conditions or pre-flight discovered aircraft mechanical problems. In this event and at its option, BLUE SKY AVIATION reserves the right to charge the Renter one (1) hour of flight time and one (1) hour of instructor time ( if applicable ) as no show fee. Renter will be considered a no – show if aircraft is not dispatched to them within one half hour of the scheduled time, and no attempt to contact BLUE SKY AVIATION has been made. At that time aircraft will be made available to other customers and the renter is a student pilot, he / she is responsible to contact his / her instructor when cancelling.

Blue Sky Aviation reserves the right to modify, change, add, or delete any reservation for any reason without prior notice to the renter. 

Renters not in the Holdshort system may be defined as Walk in or Discovery Flight. Renter is responsible for the terms and conditions in this agreement regardless of who initiates the booking. 

LATE RETURN: Renter agrees to pay $25 per 1/10th Hobb up to a maximum of $250 for an aircraft returned late without prior notification to 954-727-1157. Renter further agrees to pay for any loss of use due to a late return that is not mechanical or weather related. 

Money placed on flight account may be returned at the discretion of Blue Sky Aviation for any pilot who has not flown for more than 90 days in a Blue Sky Aviation Holdshort Aircraft. Processing time may take up to 28 business days. Client agrees that any deposits made are not guaranteed to be used solely for aircraft rental. Client agrees to hold Blue Sky Aviation harmless for any delay in the return of money on account. Block purchase must be used within 30 days of the last flight flown, otherwise the Client will be billed at full rate. 

BLUE SKY AVIATION is not liable for the opportunity loss or the efficiency loss of student or renter training caused by cancellation due to scheduled or unscheduled maintenance.

Payment

Rental aircraft and training services are paid for on a pay-­‐as-­‐you-­‐go basis; no credit will be extended to any Student/Renter. Payment is expected upon receipt of services, although payment in advance may be held on account with training and rental services charged against the account until the credit balance has been used. Rental rates are based on dry rates. Fuel used during the rental period shall be charged at the advertised Bobby's Landing FBO Fuel Depot regular rate. Renters cannot order fuel at Bobby's Landing. Blue Sky Aviation must provide authorization prior to all KHWO fueling.Rental time is based on the Hobbs meter time. All aircraft require a minimum of 4 hours charge per day for overnight rental. Non overnight rental shall be charged, at minimum, 50% of total scheduled block time. This fee is waived if Hobbs time exceeds scheduled block time by 50%. All reservations must have engine start within 30 minutes of scheduled start time. Up to one hour of total schedule time is allowed for cross country flights food/beverage stop. Additional time given is at the discretion of Blue Sky Aviation on a case by case prior approval, otherwise additional fees may be made at the hobbs rate. 

BLUE SKY AVIATION accepts cash, direct debit, Visa, MasterCard, VENMO, and CASH APP as payment for services rendered. ALL SALES ARE FINAL. NO REFUNDS EXCEPT AS DEFINED IN ACCOUNT BALANCE. 

The Renter authorizes BLUE SKY AVIATION to charge unpaid rental, no show fee and other balance (if applicable) to the credit card listed in this agreement. BLUE SKY AVIATION requires either access to a valid credit card or a deposit of $500.00 before each flight. This credit will be refunded after payment is cleared.

Insurance

Current information regarding our insurance may be obtained through any staff member of BLUE SKY AVIATION and requested at any or multiple times for auditing purposes. Aircraft-­‐ in order to meet our insurance obligations, certain types of aircraft will require special check out procedures. Please check with BLUE SKY AVIATION staff members for these requirements. Renter agrees to carry a minimum of $100,000 in Hull coverage for any aircraft used by renter. 

Renter-­‐Renter agrees to assume responsibility for any loss or damage to or involving BLUE SKY AVIATION aircraft caused in whole or in part by Renter’s negligence, violation of Federal Aviation Administration Regulation (FAR), improper procedures, and acts or failure to act in regards to the proper inspection and operation of BLUE SKY AVIATION aircraft. Renter agrees to pay for the deductible and any claims or losses not covered by BLUE SKY AVIATION or Renter insurance policies. Renters are required to have a valid renters insurance policy for the time period covering the rental period. Renter may be held responsible for aircraft loss of use charges. Renter shall be responsible for any unreported damage to the aircraft. Renter shall be solely responsible for any insurance claims against the aircraft flown/damaged during the time period for which the renter scheduled the aircraft. Renter shall be responsible for all attorneys fees, personal liability, medical liability, and loss of use of aircraft. Renter waives jury trial in County, State, or Federal Court. Failure to maintain renters insurance does not relief Renter from all obligations under this renters agreement. 

Use of Aircraft

Renter acknowledges and agrees that aircraft is operated by BLUE SKY AVIATION.

Renter agrees to use BLUE SKY AVIATION aircraft for their personal purposes and is in no way authorized to act as an agent of BLUE SKY AVIATION. Renter will not conduct flights for the purpose of giving flight instruction or any other commercial purpose. Only authorized Blue Sky Aviation instructors are allowed to perform flight instruction with renter. Any flight instruction that is performed without expressed prior authorization by Blue Sky Aviation will result in revocation of future flights by the renter. Renter agrees to a $3,500.00 charge for a violation of this instruction policy. 

Formation flying is prohibited at all times.

Renter agrees that the rented aircraft shall not be used or operated for any illegal purposes; in any race, speed test, or contest; by any person: to carry passengers or property for monetary compensation or hire; and any flight for which the renter is not properly rated or certified.

Pilot License, Medical Certificate & Requirements

BLUE SKY AVIATION requires the renter to maintain a copy of Renter’s current Pilot License and Medical Certificate on file with BLUE SKY AVIATION. BLUE SKY AVIATION also requires a copy of the Renter’s valid Government issued photo ID such as driver’s license, for identification purposes.

Renter shall hold certificates and ratings by authorized agencies of the United States as appropriate for the type of aircraft to be operated. Further, the Renter must possess a current medical certificate appropriate for the type of operation to be conducted, which is issued by an FAA Approved Aviation Medical Examiner.

Renter must have the appropriate pilots certificates, medical certificates, and photo identification on their person during flight.

Renter will provide background information to BLUE SKY AVIATION: (i) Any incident or accident, major or minor, they have ever been involved in, whether or not BLUE SKY AVIATION aircraft was involved; (ii) Any action taken by Federal, state or Local authorities against their certificates.

The renter that is named on the rental contract shall be the pilot in command. The renter will fly the aircraft from the left seat and he/she will be responsible for the aircraft and its operation and condition at all times. 

Renter agrees to engage in, and pay for, flight checks and aircraft check out by the appropriate

BLUE SKY AVIATION flight instructor for every aircraft the Renter intends to rent from BLUE SKY AVIATION.

Renter further agrees to flight checks for any of these conditions / situations:

Renter has not flown any BLUE SKY AVIATION aircraft in over 60 days. 

Renter has not flown with any BLUE SKY AVIATION flight instructor in over 6 months even if they meet the 60 days rule above. Crosswind will be checked if the situation allows.

IFR proficiency flights.

Currency for night flight.

Flight Procedures Night Flight Rental requires Renter to be PIC with a minimum of 100hrs as PIC plus 10hrs of night flight within the last 12 months and hold a valid instrument rating before any night rental will be considered without a Blue Sky Aviation Instructor sitting in the right seat of the rented aircraft.

It is the Renter’s sole responsibility to comply with all Federal Aviation Regulation (FARs) at all times.

With respect to pre-­‐flight inspections, it is the Renter’s sole responsibility to comply with all FARs and the aircraft manufacturer’s guidelines and any other source regulating pre-­‐flight procedures.

Any damage, unairworthy condition, or missing documents found during pre-­‐flight of the aircraft must be reported to BLUE SKY AVIATION immediately PRIOR TO FLIGHT. Renter agrees not to accept the aircraft until Renter is satisfied with the aircraft airworthiness, and functioning of its equipment and accessories. 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 agrees to use all applicable aircraft checklist for each appropriate phase of operation including:

Pre-flight inspection, pre-­‐engine startup, engine startup, taxi, takeoff, cruise, landing, engine shutdown, and post-­‐flight.Renter will ensure that the aircraft is operated with: (i) Proper quantity and type of engine oil; (ii) Proper Octane of fuel; (iii) is adequate loaded for the intended flight. (iv) an updated weight and balance calculation must be performed by the renter prior to any flight in which a Blue Sky Aviation Instructor is not on board for the purposes of flight instruction. 

Renter is responsible for the proper operation of all equipment in the aircraft including, but not limited to: Communication and navigation radios, GPS, autopilot (if applicable), TIS, weather radar & etc.

Renter agrees to adhere to the aircraft dispatch policies in use by BLUE SKY AVIATION. Renter must file a flight plan and submit a copy of the flight plan and navigational log and the dispatch form for all cross country flights in advance. When renter’s flight planning is judged to require ground briefing with an instructor ground briefing time will be charged. For overnight flight Renter is required to report the aircraft position daily to BLUE SKY AVIATION by phone call or email to the following numbers / email address:

Dispatch: 954-­‐727-1157 * After Hours-­‐Reports to: 954-727-1157 * Email: BlueSkiesMGT@Gmail.com

With respect to post-­‐flight inspections, it is the Renter’s sole responsibility to comply with all FARs and the aircraft manufacturer’s guidelines and any other source regulating post flight procedures. Any damage found, must be reported to BLUE SKY AVIATION immediately and prior to leaving BLUE SKY AVIATION premises. Any damage caused by the Renter or during Renter’s use of the aircraft must be reported to BLUE SKY AVIATION. Failure to comply will result in termination of flying privileges with BLUE SKY AVIATION. Collection action will be taken against the renter for the cost of repair.

After each flight, Renter agrees to ensure the aircraft is parked and secure with particular attention to the following:

COVID-19 Procedures

Flight control/gust locks in place.

Master and ignition switches off.

Seat belts secured inside the aircraft

Doors installed and locked / baggage compartment lock.

Chocks in place.

Tie-­downs secured with pop knot. 

Pitot tube covers, cabin covers installed.

Trash removed from the interior and baggage compartments.

Cleaning of any mess caused by liquids or solids dropped, spilled, excreted or vomited within the interior of the aircraft.

Failure to attend to the above items will result in being charged a penalty up to $1,500. Renter agrees to always return the aircraft in a ready-­‐to-­‐fly condition when checked in at BLUE SKY AVIATION.

Renter will ensure that the aircraft key is returned with the aircraft dispatch before leaving the premises. The Renter may be charged a lost/broken key fee of $325.00 for failure to comply with this rule.

Return of the Aircraft

Renter agrees to return the aircraft at the agreed time and place. Renter will inform BLUE SKY AVIATION as soon as practicable if the aircraft is to be kept longer than originally planned.

Renter is encouraged to always exercise conservative decisions when faced with possible delays due to weather or mechanical problems. BLUE SKY AVIATION is not responsible for incidental costs that may be incurred by the renter or passengers in the event that the aircraft cannot be returned to the home airport in this case. This includes: telephone calls, rental cars, accommodation expenses, transportation expenses and meals. Further, BLUE SKY AVIATION shall not be responsible for any airport charges incurred for non-­‐ maintenance related delays.

For reasons other than those resulting from conditions described in the above item. Renter shall remain responsible for the aircraft and will pay all costs incurred to return the aircraft to BLUE SKY AVIATION. At its option, BLUE SKY AVIATION reserves the right to charge the Renter for “loss-­‐of-­‐use”, estimated revenues that would have been earned from flights and instruction that were schedule or were anticipated to be scheduled had the aircraft been returned as required.

If the aircraft is abandoned away from the home base airport, the renter will be charged pilot expenses plus flight time at dual rates to return the aircraft to its home base.

Prohibitions

Renter is prohibited to 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. If Renter is a Student Pilot, carrying of passengers is strictly prohibited.

Foods, Beverages (other than bottle or sealed water containers) and or smoking/vaping/alcohol in the aircraft are strictly prohibited.

Renter understands that Renter is prohibited from:

Hand-­‐propping to start an aircraft.

Carrying pets without express and written approval of BLUE SKY AVIATION. Starting, taxiing, or flying an aircraft while under the influence of alcohol or drug(s).

Operating in violation of: (i) provisions of the federal aviation regulations (FARs);(ii) in violation of Federal , state, or local law ,(iii) in violation of any letter of agreement executed by BLUE SKY AVIATION with the home or local airports.

Operating beyond the limitations of the aircraft as described in the flight manual, placards, safety notices, or BLUE SKY AVIATION operating procedures.

Operating outside VFR and IFR weather minimums or personal minimums VFR or IFR.

Starting, taxiing, or flying an aircraft at Night without an Instructor on board.

Operating at airports where intended runways have usable lengths of less than the aircraft requirements.

Operating an aircraft in violation of terms of this agreement.

Adverse Weather

It is the Renter’s responsibility to ensure that current and forecast weather conditions will allow the flight to be completed safely. If weather conditions prevent a safe return to the North Perry Airport (KHWO), it is the Renter’s responsibility to remain the aircraft until it is safe to return. BLUE SKY AVIATION is not responsible for incidental travel expenses or other charges incurred by the Renter. At the Renter’s discretion, BLUE SKY AVIATION will assume responsibility for returning the aircraft. If this occurs, the Renter will be liable for aircraft and pilot time incurred by BLUE SKY AVIATION returning the aircraft to the North Perry Airport (KHWO), in addition to the rental charges for the aircraft.

Aircraft Malfunctions

Renter agrees to neither tamper with nor attempt to repair any part of the aircraft (including equipment and accessories). Renter will contact BLUE SKY AVIATION for instructions on how to proceed in situations where any aircraft equipment or accessories malfunction.

Any maintenance related items that could interfere with the safety of flight must be immediately reported to BLUE SKY AVIATION staff. Any maintenance related action required away from home base requires prior authorization from BLUE SKY AVIATION management.

Accident / incident

In the event of accidents or incident involving BLUE SKY AVIATION aircraft, follow BLUE SKY AVIATION emergency response plan which can be found in each aircraft document bag and renter is responsible for:

Seeking to secure the scene of the incident and as far as possible preserves and prevents any further damage to passengers or aircraft.

Nothing and cooperating with the proper Federal, State and local authorities.

Reporting the event to BLUE SKY AVIATION as soon as possible using the emergency communications protocol included with the aircraft documents.

Seeking to gather names and addresses of any witnesses to the event.

Preparation and filling of the required appropriate forms.

Other Fees

BLUE SKY AVIATION will not reimburse Renter for aircraft fuel and/or engine oil purchased.

The renter is responsible for settling all landing, tie-­‐down, handling, and/or any other fees incurred in route or at the Renter’s flight destination at the time they are incurred. If not settled at that time, the Renter will be charged an administration fee of $50.00 for failure to comply with this rule.

Hold Harmless

Renter indemnifies and holds harmless BLUE SKY AVIATION and BLUE SKY AVIATION Corporate Officers against any loss, damage or expense (including, without limitation, taxes, penalties, interest and reasonable attorney’s fees) asserted against or suffered by BLUE SKY AVIATION arising out 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 BLUE SKY AVIATION aircraft or BLUE SKY AVIATION Instructors in Pilot Owned/Operated Aircraft under this agreement.

Governing law

This agreement shall be constructed and enforced under the laws of the State of Florida, United States of America.

Entire Agreement

This agreement supersedes any prior negotiations and agreements between the parties regarding the same issues addressed herein, and constitutes the entire agreement of the parties.

COVID-19 Requirements; All Renter's have read and agree to follow the Blue Sky Aviation USA adopted guidelines and procedures to ensure the community at large is protected. Failure to comply with these guidelines may lead to legal action against the renter and passengers of Blue Sky Aviation USA aircraft or facilities. Blue Sky Aviation USA shall be held harmless from any action against Blue Sky Aviation USA Officers, Employees, Contractors, Suppliers, Vendors, or lease holders.

Amendment

This Agreement may be amended by BLUE SKY AVIATION as required without prior notice.

Certification

Renters certify that all information supplied to BLUE SKY AVIATION is true and correct. ALL REGISTERED USERS AGREE TO THE TERMS ENCLOSED IN THE ELECTRONIC AGREEMENT.

Guardian

Renter / Student pilots under the age of 18 must also have parent / guardian signature.

Rules are subjected to change. BLUE SKY AVIATION will provide the latest rental agreement upon request.

Renter: (Signature) ___________________________________

Printed Name: ___________________________________

Contact Phone: ___________________________________

******************************************************************************************

Guardian / Parent (Renter is under age 18): (Signature) ___________________________________

Printed Name: ___________________________________

Contact Phone: ___________________________________

Holdshort Aviation Systems, LLC support@holdshort.com +1 775-364-0660 Holdshort Aviation Systems, LLC
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