This Agreement is made effective by and between Airvion, LLC (formerly known as Canyon Creek Air, LLC), and the Customer. Airvion, LLC and the Customer are herein collectively known as the Parties. The customer may be a transitioning pilot, student, requesting ferry services, pilot services, or any other services.

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Insurance and Indemnification

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Any training or ferry flights accomplished in aircraft not owned by Airvion, LLC shall have Airvion, LLC listed as an additional insured with a waiver of subrogation on the owner’s policy.

The Customer agrees to indemnify and forever hold harmless Airvion, LLC, Erik Kysar, and or all employees of Airvion, LLC with heirs, assigns and relatives from and against any liability whatsoever, including reasonable attorney’s fees, arising out of or in any way connected with damage to or destruction of any aircraft or death, injury or loss resulting from or occasioned by performed of the services rendered pursuant to this Agreement.

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Waiver and Release

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Customer agrees to waive and release any rights to subrogation or contribution that any insurer to third-party might otherwise acquire against Airvion, LLC, Erik Kysar, or all employees of Airvion, LLC arising out of provision of product or services by Airvion, LLC including any wrongful or negligent act unless such act is determined to be gross negligence or willful misconduct.

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Rates

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The current rates are published separately. The rates will generally change annually, typically updated for cost-of-living increases. All hotels are required to be 3-star or better.

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Payment

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The Customer agrees to provide Airvion, LLC valid credit card information that is kept on file and agrees and acknowledged that automatic charges for the account balance can take place immediately after services are rendered.

A finance charge will be imposed on each items of Customer’s account which has not been paid in full as required. The finance charge is an annual rate of 18%, prorated by the number of days past due.

The Customer is in default if the balance is not paid in full by the due date. Default means Airvion, LLC can demand immediate payment of the full account balance. Customer agrees to reimburse any collection agency fees, attorney fees, or court costs incurred during such collection efforts.

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Pre / Post-Flight Briefing

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The airplane is a terrible classroom. Therefore, prior to each flight the instructor will brief the student on maneuvers to be performed, along with the learning objectives and completion standards of the flight. After the activity, a post-flight briefing will be conducted.

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Cancellation Policy

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Cancellations made at least 24 hours in advance will not incur a fee. Cancellations with less than 24 hour notice or not able to fly after arriving at the airport will be charged at normal rates. This can include an aircraft that does not meet FAA airworthiness requirements, a customer who is not prepared, weather, or other reasons. An exception can be made once. The fee starts at the scheduled time, even if you arrive late to your scheduled appointment.

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Airworthiness

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The Customer certifies his/her airplane is in an airworthiness condition and meets all requirements of the POH and the FAA for the flight in question. The Customer certifies the Customer and the airplane have all required current documents (e.g. certifications, medical, logs, registrations, and other applicable documents). The customer further agrees that the airplane will be airworthy for each flight.

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Mandatory Dispute Resolution

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Any controversy or claim arising out of or relating to this agreement, or breach thereof, that cannot be settled by the parties must be settled by arbitration. Each party will present a list of three arbitrators to the opposite party. The parties will then agree on a single arbitrator. The arbitrator shall hear the facts attendant to such dispute and shall make an appropriate decision. The decision of the arbitrator will be binding on the parties. The expenses of the arbitration shall be borne equally by the parties. Any award rendered by the arbitrator may be entered in the Clark County Superior Court in the State of Washington.

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Governing Law

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This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to principles of conflicts of law. In the event of failure or appeal of any Dispute Resolution, any and all disputes arising from the enforcement or breach of this Agreement shall be filed and determined in the Clark County Superior Court in the State of Washington.

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Termination of Services

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The Parties can terminate services at any time for any reason upon notification to the other. However, the terms of this agreement will survive and extend beyond the termination of services for as long as allowed by law.

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Duty Limitations

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The following limitations apply.

• A flight instructor may not conduct more than 8 hours of flight training in any 24 hour consecutive period. Normal duty period is 10 hours including training, flight, and drive time.

• The maximum duty period is 12 hours and is only applicable for light duty time such as commercial airline travel, standby, and the like.

• Minimum time off in a seven-day week is 24 consecutive hours

Duty period means the period of elapsed time between reporting for an assignment and release from that assignment by the customer. Rest period means free time and must include an opportunity for at least 8 hours of uninterrupted sleep.

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Acknowledgement

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Use of Airvion, LLCs services implies the Customer agrees to the provisions, covenants, and restrictions of Airvion, LLC’s Terms & Conditions.

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Last update: March 2020