Direct To Aviation LLC
Club Membership Agreement

Purpose:

This agreement sets forth the benefits, requirements, rules, regulations, terms and conditions under which Direct To Aviation LLC offers club memberships to the public.

Definitions:

DTA refers to Direct To Aviation LLC.
AIRCRAFT refers to any aircraft made available to the public by DTA.
FACILITIES refers to the office space which serves as DTA's base of operations and the use of computer equipment located therein when used for the purposes of preflight preparation, flight planning, AIRCRAFT scheduling, AIRCRAFT dispatching, AIRCRAFT checkin, flight record keeping and related activities.
SUPPLIES refers to navigational charts and publications, oil, and other items commonly considered as "pilot supplies"
RESOURCE refers to AIRCRAFT, FACILITIES and SUPPLIES made available to MEMBERS.
PILOT refers to any person renting, for any purpose, an AIRCRAFT.
MEMBER refers to a natural person who is a party to this agreement.
A MEMBER in good standing refers to a MEMBER who is not in violation of any of the terms of this agreement.
FAA refers to the Federal Aviation Administration.
CFI refers to any current FAA certified flight instructor.
OWNER refers to the registered owner of an AIRCRAFT who may be a party to a separate agreement with DTA.
FAR refers to the Federal Aviation Regulations of the United States.
The FAR in all cases serves as the final authority as to the definition of aviation related and technical terms used herein.

General:

DTA has RESOURCES located at a public use airport and desires to make same available for use by MEMBERS.
AIRCRAFT rentals are subject to a separate Aircraft Rental Agreement, the terms of which must have been agreed to by any PILOT MEMBER.
MEMBER agrees that club membership is non-transferable and does not in any way comprise or constitute any proprietary interest in DTA'S assets, AIRCRAFT or FACILITIES. Club membership is strictly limited to the Membership Benefits defined herein.

Membership Benefits:

DTA agrees to allow MEMBER access to and use of RESOURCES twenty-four hours daily, seven days a week except where equipment failure, inclement weather, prior scheduling commitments or other mitigating circumstances are present which cannot reasonably be considered to be under DTA's control.
DTA agrees to allow MEMBER to purchase SUPPLIES at discounted prices according to discount rates defined herein.
CFI MEMBERS agree to charge discounted rates as defined herein to MEMBER when rendering services to MEMBER.
OWNER MEMBERS agree to charge discounted rates as defined herein to MEMBER when renting aircraft to MEMBER.
DTA agrees to limit the number of MEMBERS based on the number of AIRCRAFT to minimize scheduling conflicts.
Should any RESOURCE conflicts occur, DTA agrees to grant MEMBERS priority over non-MEMBERS.

Membership Levels, Monthly Membership Charges and Discount Rates:

The monthly membership charges and discount rates listed in the table below apply to RESOURCES provided by DTA to MEMBERS.
Membership
Level
Monthly
Charge
Discount
Rate
1 $10 4.0%
2 $30 8.0%
MEMBER agrees that DTA may grant PILOTS who are not MEMBERS, access to FACILITIES during normal business hours.
MEMBER agrees that DTA may rent AIRCRAFT to PILOTS who are not MEMBERS at non-discounted rates.
MEMBER agrees that DTA may sell SUPPLIES to PILOTS who are not MEMBERS at non-discounted prices.
MEMBER agrees to pay all charges assessed by DTA for membership, AIRCRAFT rentals and SUPPLIES purchased by MEMBER.
MEMBER agrees that charges are due within thirty days of receipt of an itemized monthly statement issued by DTA and if not paid within thirty days may be subject to a 1.5% per month late fee applied to MEMBER'S outstanding balance.
DTA reserves the right to increase or decrease the monthly charge rates subject to thirty days notice of the intent to change the membership charge rates. Notice of intent to change membership charge rates shall be published and posted at DTA's base of operations. Current membership charge rates shall be published and posted at DTA's base of operations.
DTA agrees that MEMBER may change membership level at any time by notifying DTA in writing of the new membership level desired. Membership level changes will be effective the first day of the month following the month in which DTA receives written notification of the change.

Record-keeping:

MEMBER understands and agrees that DTA may maintain documents and records relating to MEMBER's place of residence, certifications, training levels, AIRCRAFT checkouts, recent experience, insurance and financial status as regards MEMBER relationship to DTA. DTA agrees to hold such information in confidence and not to disclose such information to third parties unless required by law or specifically authorized by MEMBER.

Limitations of Liability:

Under no circumstances inluding, but not limited to, negligence, shall DTA, its subsidiary and parent companies or affiliates, subcontractors, employees, or company members be liable for any direct, indirect incidental, special or consequential damages that result from the use of, or the inability to use, any product or service offered to MEMBER by DTA. MEMBER specifically acknowledges and agrees to these limititations of liability. If MEMBER is dissatisfied with any DTA product or service, or with any of DTA's terms and conditions, MEMBER's sole and exclusive remedy is to discontinue using DTA's products and services.

Arbitration:

In the event a dispute arises over this agreement, the laws of the State of Washington shall control and if litigation is filed for breach of this agreement, the prevailing party shall be entitled to reasonable attorneys fees at trial and on appeal.

Laws and Regulations:

MEMBER agrees to comply with all state, federal and local laws, regulations and ordinances, including any applicable FARs. Where this agreement requires additional or stricter standards, MEMBER will, to the extent not contrary to law, follow the standards set forth in this agreement.

Termination:

This agreement shall remain in effect for a period of three years unless terminated by written notice given thirty days prior to the intended termination date.

Exceptions, Exemptions or Changes:

Any exceptions, exemptions or changes to this agreement must be made in writing by DTA.

Acknowledgement:

As MEMBER, I have read, understand and fully agree to abide by and with all the provisions and terms of this agreement. All of my questions about this agreement have been answered to my satisfaction. I have been given a personal copy of this agreement.

Membership Level:____ (1-2)


MEMBER(Signature):____________________________________ Date:____________

Name(Printed):__________________________________________________________

Address:_______________________________________________________________

City:__________________________________ State:____________ Zip:____________