Direct To Aviation LLC
Aircraft Rental Agreement

Definitions:

DTA refers to Direct To Aviation LLC.
AIRCRAFT refers to any aircraft made available to the public for rental or other purposes by DTA.
PILOT refers to any person renting, for any purpose, an AIRCRAFT.
FAA refers to the Federal Aviation Administration.
CFI refers to any current FAA certified flight instructor.
APPROVED CFI refers to a CFI who has received from DTA written authorization to provide flight training in an AIRCRAFT.
IMC refers to Instrument Meteorological Conditions as defined by the FAA.
FAR refers to the Federal Aviation Regulations of the United States Title 14 CFR.
IFR refers to Instrument Flight Rules as defined in the FAR.
VFR refers to Visual Flight Rules as defined in the FAR.
AGL means elevation Above Ground Level, expressed in feet.
The FAR in all cases serves as the final authority as to the definition of aviation related and technical terms used herein.


Purpose:

This document specifies the requirements, terms and conditions applicable to rental and operations of AIRCRAFT.

General:

PILOT assumes complete responsibility for the AIRCRAFT during a rental period.
PILOT will return the AIRCRAFT to DTA at DTA’s airport, in at least as good condition as received.
PILOT will be held responsible for any necessary interior cleaning charges at DTA’s actual cost.
Smoking is not allowed in AIRCRAFT.
Animals are not allowed in AIRCRAFT except if properly caged, kept in the cage for the flights duration and carried as baggage.
If PILOT has not arrived to pick up AIRCRAFT within 30 minutes of the reserved time, AIRCRAFT may be re-assigned.
All rentals are subject to AIRCRAFT availability.
A checkout flight given by DTA is necessary for each make/model series of aircraft PILOT wishes to rent.
DTA reserves the right not to rent an aircraft to PILOT. No reason for denial of a rental need be given and such a decision is solely the prerogative of DTA.
Waiver of one provision of this agreement does not constitute waiver of any other provision hereof, and not such waiver may be construed to require a continuing waiver of that or any other provision.
PILOT expressly agrees to all provisions of this rental agreement.

Student Flights:

A student PILOT must have an APPROVED CFI’s approval prior to each flight.

Operating Practices:

PILOT shall at all times occupy the left front seat of the AIRCRAFT and at no time relinquish control of the AIRCRAFT to any other person other than an APPROVED CFI.
PILOT shall not operate the AIRCRAFT for or in any commercial operation, aerobatics, or parachute dropping.
PILOT must file an FAA flight plan for any flight beyond a 25 nautical mile radius of the departure airport.
PILOT must personally conduct a complete preflight inspection of the AIRCRAFT as recommended by its manufacturer. The AIRCRAFT preflight must include (but is not limited to) sampling of all fuel sumps and drains, determination that the quantities of fuel and oil on board the AIRCRAFT are sufficient for the planned flight including a reserve of 60 minutes operation at cruise power settings.
Loading and unloading of passengers and baggage shall never be done with the engine running.
PILOT will complete all applicable checklists included in the AIRCRAFT operating handbook, comply with all limitations contained therein and shall not except in an emergency, operate the AIRCRAFT in crosswinds which exceed any published maximum demonstrated crosswind component.
PILOT will assure that the ignition switch is off and its keys are removed at all times except during engine start and when the engine is running.
PILOT will not hand prop or allow anyone else to hand prop the AIRCRAFT.
PILOT will always assure AIRCRAFT is properly secured with tie-downs when it is to be left unattended by PILOT.
PILOT will always assure the AIRCRAFT is properly secured with gust-locks and tie-downs after completion of a flight.
PILOT will assure that all equipment required by FAR is present in the AIRCRAFT prior to flight.
Unless PILOT receives written approval by DTA which is less restrictive, takeoffs and landings will only be made at public non-restricted airports, on paved runways of at least 1,800 feet in length and 40 feet in width.
Except for takeoffs, landings and practicing ground reference maneuvers, PILOT will not operate the AIRCRAFT below 1,000 AGL. When practicing ground reference maneuvers, PILOT will maintain an altitude no less than 600 AGL and shall not practice such maneuvers except over sparsely populated or unpopulated areas. When practicing stalls or flight at minimum controllable airspeed, PILOT will not operate AIRCRAFT below 2,500 AGL and shall not practice such maneuvers except over sparsely populated or unpopulated areas.
PILOT will not perform any aerobatic maneuvers, including spins.

Pilot and Medical Certificates:

PILOT must hold valid and current pilot and medical certificates with category, class and type ratings appropriate to the AIRCRAFT and intended flight. PILOT must have DTA’s written authorization for each type of aircraft rented. PILOT must have on file with DTA a current rental agreement, signed and fully agreed to by PILOT.

Currency and Recent Experience:

PILOT must provide DTA with written proof of a current biennial flight review as appropriate to PILOT’s certification status.
If three months have passed since PILOT’s last flight in the specific make/model series of aircraft to be rented, or if deemed necessary by DTA, PILOT may be required to participate in a checkout flight by DTA prior to the rental.
Prior to any flight in IMC by a PILOT who is instrument rated, PILOT must provide DTA with proof of meeting IFR currency requirements. A PILOT intending to conduct IFR operations shall initially be required to complete an IFR checkout by DTA. All flights will be made in daylight hours unless approved by DTA.
Night flight will only be approved if PILOT is appropriately certified and current for night flight. At the discretion of DTA, PILOT may be required to participate in a night flight checkout prior to any DTA approved night flight.
If DTA's records indicate PILOT has flown less frequently than once each month during any of the preceding three months on an on-going basis, PILOT shall be required to provide DTA with written proof of insurance. Pilots whose flying exceeds these minimums shall be exempted from this requirement.

Record-keeping:

PILOT understands and agrees that DTA may maintain documents and records relating to PILOT’s place of residence, certifications, training levels, AIRCRAFT checkouts, recent experience, insurance and financial status as regards PILOT's 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 PILOT.

Geographical Limitations:

PILOT agrees AIRCRAFT will not be flown beyond the territorial limits of the contiguous United States without the express knowledge and written permission of DTA in advance of such flight.
PILOT agrees to disclose destinations, routes of flight and airports of intended use to DTA when scheduling AIRCRAFT and prior to departure.

Weather Limitations:

Unless PILOT is fully instrument rated and current, PILOT will only operate AIRCRAFT in areas where the current and/or forecast weather conditions are no less than a 2,000 foot ceiling and seven statute miles visibility.
Non-instrument rated PILOTS will not operate under special VFR clearances.
Night VFR flights require a minimum ceiling of 5,000 feet and visibility of 10 statute miles.
Specific local flights in weather conditions less than the foregoing may be individually approved by DTA.
Forced, Precautionary or Off-Airport Landings and Practice Forced Landings: Simulated forced landings shall not be practiced except when receiving dual instruction from an APPROVED CFI.
In event of a forced, precautionary or off-airport landing, PILOT shall not attempt a subsequent takeoff and shall notify DTA of the situation as soon as practical.

Mechanical Problems:

In the event that mechanical or electrical repairs become necessary for continued flight and return to DTA, no repairs shall be done nor repair related expenses incurred without prior authorization by DTA.

Rental Charges:

PILOT agrees to pay all rental charges incurred. All rental charges are due upon rental of the aircraft. Minimum daily charges may apply.

Rental Cancellations:

Charges may be assessed for AIRCRAFT reservations canceled less than two hours prior to the scheduled time of the reservation if such cancellation is for reasons other than weather limitations, pilot illness or AIRCRAFT mechanical defects. PILOT agrees to pay all such charges assessed. All such charges are due upon notification of cancellation.

Liability:

In event of damage to AIRCRAFT, other property, bodily or personal injury, caused as a result of negligence, misconduct, PILOT deficiency, PILOT technique, PILOT’s responsibility may extend to damages for the personal injury and to any other property as well as the full value of the AIRCRAFT, including loss of use, depreciation and other losses. Information on renter non-owned aircraft insurance to cover these risks is available from DTA. DTA highly recommends that PILOT obtain non-owner aircraft rental liability insurance coverage even when not obligated to do so by this agreement.
DTA’s liability to PILOT for any loss shall be limited to the amount of the AIRCRAFT rental cost and shall not extend to consequential or incidental damages.

Insurance Requirements:

If required under the terms of the section entitled "Currency and Recent Experience" in this agreement, PILOT shall provide DTA with written proof of non-owned aircraft insurance issued to PILOT with coverage limits of at least $250,000 general liability and at least $20,000 for damage to non-owned aircraft. PILOT agrees to notify DTA in writing if insurance is canceled for any reason by any party.

Special Consideration:

If PILOT provides DTA with written proof of non-owned aircraft insurance issued to PILOT meeting the "Insurance Requirements" above, DTA shall, for the first rental of a month when insurance is in force, grant PILOT a credit equal to the lessor of $20.00 or 20% of the rental charge for PILOT's first rental of the month, whichever is less.

Customer Deposits:

PILOT may deposit funds with DTA as prepayment for rentals, products, services and taxes. PILOT understands that DTA does not grant discounts because of nor pay interest on deposit. In the event that PILOT cannot for any reason redeem all funds on deposit through rentals, products, services and taxes, DTA shall refund by company check any remaining balance to PILOT. Accounting records maintained by DTA shall serve as the final authority as to the PILOT's balance on deposit. Acceptance by DTA of such deposits does not in any way limit DTA's rights or alter the terms of this agreement.

Laws and Regulations:

PILOT agrees to comply with all state, federal and local laws, regulations and ordinances, including all relevant portions of the FAR while operating the AIRCRAFT. Where this agreement requires additional or stricter standards, PILOT will, to the extent not contrary to law, follow the standards set forth in this agreement. The FAR in all other cases serves as the final authority as to the definition of aviation related and technical terms used herein. In accordance with 14 CFR 91.3 "the pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft". As such, DTA expressly disclaims any and all responsibility for the AIRCRAFT while PILOT is acting as pilot in command of AIRCRAFT; and PILOT expressly agrees to assume all responsibility for the AIRCRAFT, its operations and direct, indirect or consequential results of such operations.

Exceptions, Exemptions or Changes:

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

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.

Term of Agreement:

This agreement shall remain in force until superceded, or terminated by either party through written notification delivered at least 30 days prior to termination.

Complete Agreement:

This writing comprising the entire agreement between DTA and PILOT supercedes and replaces any and all previous agreements between DTA and PILOT.

Acknowledgement:

As PILOT, 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.

PILOT:
Name(Printed):_______________________________________________________
Signature:___________________________________________ Date:____________
Address:____________________________________________________________
City:________________________________ State:___________ Zip:____________

DTA by:
Name(Printed):______________________________________ Title:_____________
Signature:__________________________________________ Date:______________