This AIRCRAFT
RENTAL AGREEMENT (the Agreement) is entered into as of the_____________ day of
_________, 20__ between SKYS AIRCRAFT CORPORATION, and ____________________________________________
("Renter"). In consideration of the mutual covenants contained herein,
and for other good and valuable consideration, the parties hereby agree as
regards from time to time by Renter of any and all aircraft rented from SKYS
Aircraft Corporation (hereafter "Aircraft") as follows:
1. MEMBERSHIP FEE: Member shall pay a membership fee for use of the
Aircraft and on site equipment in accordance with SKYS AIRCRAFT CORPORATION’S prevailing
prices and policies. Such membership fee shall be billed at the beginning of
the calendar month for all active members.
Membership can be terminated or placed on non-active status at any time
with WRITTEN request. Non-active or
terminated members will not be billed the membership fee.
2. RENTAL
FEE:
Renter shall pay a rental fee for Renter's use of the Aircraft in accordance
with SKYS AIRCRAFT CORPORATION’S prevailing prices and policies. Such
rental fee shall be due and payable in advance at the beginning of each Rental
Period ("RP") unless a Credit Card with “signature on file” is on
file for the renter, as herein defined. Renter hereby agrees and acknowledges
that Renter is responsible for Aircraft at all times during the Rental Period.
3. SOLE
PILOT:
Renter agrees that Renter shall be the sole pilot or operator of the aircraft
during each RP. Renter hereby agrees to operate Aircraft in accordance with
applicable Federal, State, and Local laws and regulations. Renter must complete
an SKYS AIRCRAFT CORPORATION Member Contact Sheet (MCS). The information and
representations made in the MCS shall be updated by Renter if required
information changes and are hereby incorporated by reference into this
Agreement.
4.
CERTIFICATES: Renter represents that Renter hold a valid and current Federal
Aviation Administration ("FAA") pilot license and a valid and current
medical certificate, and has passed a biennial flight review within the last
twenty-four (24) calendar months or is a student supplying a valid and current
medical certificate. For the purpose of Aircraft rental for any RP, the
validity and currency of such certificate shall be based upon review of
credentials presented by Renter to SKYS AIRCRAFT CORPORATION, who at its sole
discretion may deny rental of Aircraft at any time for any reason.
5.
PRE-FLIGHT: Renter acknowledges and agrees that the term Aircraft
constitutes more than one aircraft Make and Model ("M&M"). Renter
hereby agrees that prior to Renter's first rental of any aircraft M&M
within the terms of this Agreement, and prior to or concurrent with the
commencement of any renewal term, Renter must demonstrate proficiency in same aircraft
M&M satisfactory to a Flight Instructor, at his sole discretion. Renter
further agrees that if Renter has not flown aircraft M&M within the last
120 days of said demonstration of proficiency, SKYS AIRCRAFT CORPORATION may
require renter to again demonstrate proficiency in aircraft M&M
satisfactorily to a Flight Instructor at its sole discretion. Prior to each
flight, each Renter shall personally conduct a pre-flight inspection of the
Aircraft as prescribed by the manufacturer of the Aircraft, including checking
the fuel from all sumps and determining that the fuel is the correct type for
the Aircraft and that the fuel and oil on board the aircraft are sufficient for
Renter's purpose.
6.
CHECK-LISTS: Renter shall operate the aircraft in accordance with the
Aircraft manufacture's recommended pre-takeoff, cruise, and pre-landing
check-lists.
7.
WEATHER:
Renter shall obtain weather reports of forecast for the proposed route prior to
commencing a flight. Renter shall only operate Aircraft when current and
forecasted aviation weather indicate that weather conditions present both
locally, en route, and at the destination are commensurate with the pilot's
certificates, rating and experience, and capabilities of Aircraft , and meet
all other requirement as set forth herein.
8.
RUNWAYS:
Renter agrees to use only established, hard-surfaced runways.
9.
ACCIDENTS: Renter agrees to immediately report to SKYS AIRCRAFT
CORPORATION any accident, mishap, incident or anomalies including, but not
limited to, engine failure, engine stoppage, or engine shut-down; propeller
strike, failure or damage; physical damage or anomalies to Airframe or other
parts of Aircraft; or any and all of its component parts including avionics and
electronic components or radios, or anomalies thereto or otherwise applicable
under National Transportation Safety Board Part 830.
10.
PHYSICAL CONDITION: Renter represents that Renter will not operate Aircraft if
Renter has used intoxicating liquor, tranquilizers, or sleep-inducing drugs
within twenty-four (24) hours prior to the commencement of any flight or flight
leg or if Renter's physical condition is in any way impaired.
11.
INSPECTION: Renter represents that Renter has inspected the Aircraft or has
caused it to be inspected and hereby agrees that the Aircraft is in acceptable
mechanical condition.
12.
PROHIBITED ACTIVITIES: Renter agrees that the Aircraft shall not be used (a) to
carry persons or property for hire; (b) in any race, test, or contest; (c) for
any illegal purpose whatsoever; or (d) for any purposes not permitted by SKYS
AIRCRAFT CORPORATION procedures.
13.
CONDITION OF AIRCRAFT: RENTER HEREBY ACKNOWLEDGES THAT SKYS AIRCRAFT CORPORATION
IS NOT THE MANUFACTURER OF THE AIRCRAFT, NOR THE MANUFACTURER'S AGENT, AND THAT
SKYS AIRCRAFT CORPORATION MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED
OR IMPLIED, AS TO THE FITNESS, WORKMANSHIP, DESIGN, CONDITION, OR
MERCHANTABILITY OF THE AIRCRAFT, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THE
QUALITY OR CAPACITY OF THE MATERIAL IN THE AIRCRAFT.
14.
SUBLEASE AGREEMENT: Renter agrees not to sublease the Aircraft or sell, assign, or
otherwise transfer this Agreement.
15.
ALTERATIONS: Renter agrees not to make any additions, alterations, or
improvements to the Aircraft.
16.
INDEMNITY-FORCE MAJEURE: Renter agrees to release, indemnify, and hold SKYS
AIRCRAFT CORPORATION, its officers, and employees harmless from and against any
and all liabilities, damages, business interruptions, delays, losses, and
claims judgments of any kind whatsoever, including all costs, attorney's fees,
and expenses incidental thereto, which may be suffered by, or charged to SKYS
AIRCRAFT CORPORATION by reason of any loss of or damage to any property, or
injury to, or death of a person, arising out of or by reasons of any breach,
violation, or nonperformance by renter of any covenant or condition of this
Agreement, or by any act or failure to act on the part of the Renter. SKYS AIRCRAFT CORPORATION shall not be liable
for its failure to perform under this Agreement, or any loss, injury, damage,
or delay of any nature whatsoever resulting there from or caused by any Act of
God, fire, flood, accident, strike, labor dispute, riot, insurrection, war, or
any other cause beyond SKYS AIRCRAFT CORPORATION’S control.
17. DISCLAIMER
OF LIABILITY: SKYS AIRCRAFT CORPORATION HEREBY DISCLAIMS, AND RENTER HEREBY
RELEASES OPERATOR FROM, ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR TORT
(INCLUDING STRICT LIABILITY AND NEGLIGENCE), FOR ANY LOSS, DAMAGE, OR INJURY OF
ANY NATURE WHATSOEVER SUSTAINED BY RENTER, ITS EMPLOYEES, AGENTS, OR INVITEES
DURING THE TERM OF THIS AGREEMENT, UNLESS SUCH LOSS, DAMAGE, OR INJURY IS
CAUSED BY SKYS AIRCRAFT CORPORATION GROSS NEGLIGENCE. THE PARTIES HEREBY AGREE
THAT UNDER NO CIRCUMSTANCES SHALL SKYS AIRCRAFT CORPORATION BE LIABLE FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT OR
TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), SUCH AS, BUT NOT LIMITED TO,
LOSS OF REVENUE OR ANTICIPATED PROFITS OR OTHER DAMAGE RELATED TO THE RENTING
OF THE AIRCRAFT UNDER THIS AGREEMENT.
18. DAMAGE
TO AIRCRAFT: At the termination of the rental period, Renter shall return
the Aircraft to SKYS AIRCRAFT CORPORATION in the same condition as when
received, excepting reasonable wear and tear.
19. RENTAL
INSURANCE DISCLOSURE NOTIFICATION: Renter acknowledges that renter/pilot
coverage under SKYS AIRCRAFT CORPORATION aircraft liability policy is limited
to $100,000 single limit bodily injury, including passengers and property
damage.
20. EMERGENCY
REPAIRS: Emergency
repairs shall be defined as repairs to the Aircraft which, due to statue,
regulations, mechanical failure, or failure, or damage, should be made to the
Aircraft before further flight. Should the aircraft require emergency repairs, Renter
shall comply with the following procedures: (a) contact SKYS AIRCRAFT
CORPORATION for instructions; (b) If no contact can be made and repair can be effected for One Hundred Dollars ($100.00) or less, Renter
may authorize and make payment for the repairs, for which Renter shall be
reimbursed by SKYS AIRCRAFT CORPORATION. Under no circumstances shall Renter
authorize repairs to the Aircraft unless no contact with SKYS AIRCRAFT
CORPORATION can be effected and the repairs can be made for One Hundred Dollars
($100.00) or less, and under no circumstances shall the Aircraft be flown by
Renter without repair if to do so would violate any Federal, State, or Local
law or regulation or compromise the safety of the renter, his/her passengers,
or the Aircraft
21. FLIGHT
INSTRUCTION: Renter agrees and/or acknowledges that giving flight
instruction in SKYS AIRCRAFT CORPORATION aircraft is limited to SKYS AIRCRAFT
CORPORATION approved instructors. Right
seat pilot in command is prohibited.
22. NON-PAYMENT
OR OVERDUE ACCOUNTS: Renter agrees and/or acknowledges that a service charge of 1.5%
per month, 18% APR will be charged on all overdue accounts. Renter agrees and/or acknowledges that renter
is liable for all legal and collection fees.
Declined credit cards fees are as follow: $10 fee for declined credit card that remains
unpaid by the 15th of the month, $15 fee for every month the account
remains unpaid.
23.
OVERNIGHT RENTALS: Renter agrees and/or acknowledges that renter will guarantee
and pay for a minimum of three (3) hours of flight time per 24 hours on
weekends and two (2) hours on weekdays. Renter
is responsible for the aircraft until it is returned to SKYS AIRCRAFT
CORPORATION. All landing fees, tie down
fees or any other miscellaneous expenses are the sole responsibility of the
renter. In the event the renter does not
return the aircraft to SKYS AIRCRAFT CORPORATION, the renter agrees to pay for
all flight hours lost to from the time of rental to the time of return,
including all expenses incurred by SKYS AIRCRAFT CORPORATION for returning the
aircraft to the point of rental.
24. NO
SHOW:
Renter agrees and/or acknowledges that aircraft will be released for rental to
another renter after 20 minutes past the scheduled rental time has elapsed
unless prior notice has been received.
Renter agrees to pay for lost revenue resulting from late arrival and/or
no show.
25. LATE
RETURN:
Renter agrees and/or acknowledges that aircraft shall be returned on or before
the scheduled return time as indicated on the flight schedule. Renter agrees to pay for lost revenue
resulting from late return.
26.
DEFAULT:
Renter agrees and/or acknowledges that if Renter defaults in the performance of
any of his/her obligations under this agreement, SKYS AIRCRAFT CORPORATION, at
its option, and without further notice, has the right to terminate the Agreement
and cancel all membership and rental privileges.
27. GOVERNING LAW: This Agreement shall be construed in accordance with
the laws of the
28. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement
between the parties and as of its effective date supersedes all prior
agreements between the parties as related to the rental of Aircraft. Any change
or modification hereof must be in writing signed by both parties.
29. RENTAL PERIOD: Rental Period ("RP") for any Aircraft is
defined herein as that time period during which Renter has possession of the
keys of the Aircraft, Authorized possession of the Aircraft commences with the
authorized release of the keys of the aircraft to Renter by SKYS AIRCRAFT
CORPORATION and concludes with the return by the Renter of the keys of the
Aircraft to SKYS AIRCRAFT CORPORATION provided that Renter has returned
Aircraft to airport agreed-upon.
Renter
Signature
_____________
____________________________________________________Date ________________
SKYS
AIRCRAFT CORPORATION representative signature
__________________________________________________________________Date ________________