Cessna N4397R Use Agreement

 AIRCRAFT USE AGREEMENT
This  Aircraft USE Agreement ("Agreement") is entered into by the individual whose printed name who fills out this form:

(hereinafter called "Pilot"), and whose address appears on the Pilot Information Form included herein.

  1. Pilot intends to use Aircraft from T41 (La Porte Municipal Airport in La Porte, Texas)  from time to time.

  2. Pilot is therefore willing and wishes to enter into this Agreement setting forth the terms and conditions which shall

govern all Aircraft use  which may take place between Armand Shafaii and Pilot.

TERMS AND CONDITIONS:
Therefore Pilot, intending to be legally bound, hereby promises and agrees with regard to rental of any Aircraft as follows:

1. Inspection. Pilot agrees that he or she will inspect the Aircraft prior to its use. If the Aircraft is not in good overall condition or has apparent defects, Pilot will immediately notify Armand Shafaii and will not operate the Aircraft or continue the use. Pilot further acknowledges and agrees that any Aircraft will be returned, together with all documents and accessories, in the same condition as when taken and at or before the ending time of the scheduled use.

2. Charges. Pilot shall pay his/her pro rata share for use at the hourly total operating cost for the Aircraft and from time to time:

  1. (1)  for the elapsed time on the Aircraft "Hobbs" meter measuring time of operation

  2. (2)  for all expenses incurred in conjunction with returning the Aircraft if for any reason left by Pilot at a location other than T41 (La Porte Municipal Airport); and

  3. (3)  upon demand, for the amount of all loss or damage occurring while the Aircraft is in use by Pilot.

3. Operations. Pilot shall strictly follow these operating rules and procedures, that is, Pilot shall:

  1. (1)  not allow any other person to operate the Aircraft;

  2. (2)  comply with all FAA regulations and other applicable laws;

  3. (3)  not carry persons or property for hire;

  4. (4)  fly only when the reported weather is VFR, and in conditions as approved by Armand Shafaii (instrument rated pilots approved by Armand Shafaii for flight in instrument conditions may operate IFR);

  5. (5)  be on an FAA flight plan on flights to destinations more than 50 NM from T41(La Porte Municipal Airport) ;

  6. (6)  land only at established, public airports, with hard surface of at least 3,000 feet;

  7. (7)  not perform any aerobatics, buzzing or other unsafe operations;

  8. (8)  not land the Aircraft in a crosswind greater than the Aircraft's maximum demonstrated crosswind component;

  9. (9)  not give flight instruction;

  10. (10)  not operate the Aircraft in formation flight;

  11. (11)  notify Armand Shafaii by the most expeditious means if the Aircraft will not be returned on schedule;

  12. (13)  advise Armand Shafaii of proposed cross-country flights and airports to be utilized. page1image835490640 page1image835490896 page1image835491216 page1image835491472 page1image835491728 page1image835491984

Exceptions to these operating rules and procedures will be made only with the written approval ofArmand Shafaii.

4. Security. Pilot shall carefully look after the Aircraft and its accessories. When parked the Aircraft shall be properly secured with tie downs, or in a hangar, and locked with Pilot retaining possession of the keys to the Aircraft at all times during the use.

5. Indemnity, Waiver, and Release. Pilot agrees to indemnify and hold harmless Armand Shafaii and all others associated with this aircraft, against all loss or damage occurring as a result of operation of the Aircraft by Pilot. Pilot understands there is a risk of injury in aircraft operations, and from participation in aviation activities. While FAA Regulations, personal discipline and care may reduce the risk, the risk still exists and is accepted and assumed by Pilot; therefore Pilot knowingly and freely assumes all such risks, both known and unknown, and however arising. Pilot assumes liability for all medical costs, attorneys’ fees and any and all other expenses and damages resulting from injury to Pilot and their passengers, if signing as a Parent or Legal Guardian, to the Pilot signing this Agreement.

6. Insurance. Armand Shafaii provides limited coverage liability insurance (up to $100,000) and no aircraft physical damage (hull) insurance for the benefit of Pilot. Pilot shall purchase and maintain aircraft renters physical damage insurance in a minimum amount of $80,000 and shall annually provide Armand Shafaii with a copy of current documentation thereof from an aircraft insurance carrier approved by Armand Shafaii. Notwithstanding Paragraph 2(3) above, Pilot shall  be responsible for losses to Armand Shafaii which exceed $80,000 and which losses result from physical damage to the Aircraft. Pilot has received, and hereby acknowledges receipt of the "Notice Regarding Insurance Coverage" included herein below.

  1. Term.

    1. (1)  The term of any use shall commence as of the time scheduled by Pilot for the use and shall continue until such time as the Aircraft is returned to, and secured at,  T41 (La Porte Municipal Airport)

    2. (2)  This Agreement shall be effective as of the date set forth in the last paragraph hereof and shall continue in effect for a term of one (1) year. Thereafter it shall automatically be renewed from year to year for renewal terms of one (1) year each unless and until terminated by one party giving the other thirty (30) days prior notice of termination.

  2. Arbitration. As the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this

Agreement, Armand Shafaii may demand that any such dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and each party consents to any disputes being so resolved. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction. The prevailing party may be awarded costs including reasonable attorney fees, and all other costs of the arbitration proceeding. In situations where a party asserts any claim, position or defense, which is not substantially justified by the law or facts, the arbitrator shall award to the opposing party that party’s reasonable attorney fees incurred as a result of that party’sdefending any such claim, position or defense.

9. Notices. All notices from one party to the other shall be in writing and may be effectively given by postage prepaid U.S. Certified Mail – Return Receipt Requested - to the other party's last known address.

10.Integration, This Agreement sets forth the entire understanding of the parties regarding the subject matter. Any modification, change or amendment shall be in writing signed by Armand Shafaii.

NOTICE REGARDING INSURANCE COVERAGE:

  1. (1)  Armand Shafaii carries insurance which covers aircraft renters meeting Armand Shafaii's experience requirements for a maximum of $100,000 in third-party bodily injury and property damage liability claims.

  2. (2)  Physical damage (hull) insurance in favor of aircraft renters is NOT maintained.

IN WITNESS WHEREOF this four page Agreement, including the Recitals, the Terms and Conditions, the Notice Regarding Insurance Coverage, and the Pilot Information Form, is signed by Pilot on behalf of himself or herself, and his or her spouse (if any), intending to be legally bound, in Harris County, Texas. Upon Pilot signing this Agreement, Armand Shafaii may investigate the creditworthiness and reputation of Pilot and, if approved, will thereafter acknowledge Pilot's signature by accepting the signature below. By signing this Agreement Pilot also acknowledges receiving the foregoing Notice regarding Insurance Coverage and represents that the information provided about the Pilot's Information is accurate and complete.


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By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.