Carney Aviation, Inc.
BAC North Hangar, Sikorsky Memorial Airport, Stratford, CT06497
The signing of this Agreement certifies that __________________________________, hereinafter referred to as the Member, upon meeting all obligations and requirements of this Agreement, shall be entitled to fly the designated aircraft assigned to him by Carney Aviation, Inc., hereinafter referred to as the Club.
A. The Club does hereby agree to supply and the Member does hereby agree to take and hire from the Club, one or more fixed-wing private aircraft together with the equipment and accessories attached thereto.
B. The aircraft shall be available at and operated from its home base, said home base to be determined by the Club. The present home base is the Sikorsky Memorial Airport in Stratford, Connecticut.
C. Keys supplied to the Member shall require a deposit of $10.00. Said deposit shall be refunded upon return of keys by the Member to the Club.
The term of this Agreement shall be twelve months, commencing upon execution of this Agreement, unless terminated under the conditions of Section V-D or Section VI-E.
A. The Club will carry liability and hull insurance.
B. The Club will provide a maintenance program by an approved FAA mechanic including oil changes, inspections, and major overhaul maintenance in compliance with the Federal Aviation Regulations. The Club shall have no liability to the Members when the aircraft is unavailable due to maintenance, repairs, or other circumstances beyond the Club's control.
C. The Club reserves the right at any time during this Agreement to change the aircraft.
A. Members are required to tie down and lock the aircraft after each flight. Members will be held financially responsible for damage and/or theft of the aircraft or accessories due to leaving the aircraft unattended and not secured after use.
B. The Member shall use sound judgment and operate the aircraft at all times according to the Federal Aviation Regulations. The Member must be aboard the aircraft in the left pilot's seat whenever the aircraft is operated. All new Members must take an initial check flight with a Club-approved instructor prior to flying solo. Additionally, the Member must take a check flight with a Club approved certified flight instructor upon each renewal of membership. This requirement will be waived if, at the time of renewal, the Member is currently receiving instruction from a Club approved instructor for any reason. Or, if the Member has satisfactorily completed a Biennial Flight Review or has completed the dual flight instruction requirements for the FAA Pilot Proficiency Award Program (AC-61-91A) within the previous ninety (90) days with a Club approved instructor, this requirement may be waived at the sole discretion of the Club.
C. The Member shall not use the aircraft for charter operations or otherwise lease, rent, or receive compensation for the operation of the aircraft.
D. The Member agrees to comply with all operating limitations imposed by the FAA. In addition, the Member agrees to comply with the rules and regulations for aircraft operation in the Operations Manual and Operating Rules and Procedures set forth from time to time by the Club.
E. The Member shall be responsible at all times for the operation, safety of passengers, safety of the aircraft, and of all other persons and property while operating the aircraft.
F. The Member agrees that all rating check-outs and instruction shall be made by and performed by a Club-approved FAA qualified instructor. The Member shall take a check-ride with such an instructor, if not currently qualified, at the Member's expense.
G. The Member agrees that reservations are to be made for aircraft time. No Member may use the aircraft while so reserved by another Member. If the reserving Member is fifteen minutes late, it will be considered a "no-show" and the aircraft will then be available. Before and after use of the aircraft, the Member must record readings on the Hobbs meter on the aircraft and note them in the log kept in the aircraft for this purpose.
H. The Member will pay promptly, when billed by the Club, for any damage caused to the aircraft while the Member is in custody or control thereof, or damage caused otherwise by negligence of the Member, the amount of which is not covered by the Club's insurance. The Member shall hold the Club harmless for any act of the Member which causes damage or liability to the Club not compensable by the Club's insurance carrier.
I. Before each flight, pilots are required to examine previous pages of aircraft logs before starting. Pilots are required to immediately report all damage, accidents, incidents or malfunctions directly to the Club.
J. The Member agrees that he shall operate the aircraft in and out of only hard paved airports.
K. Members must make every possible attempt to cancel reservations as soon as possible, out of consideration for fellow Members. Poor flying weather will not be considered as an excuse for not cancelling, as someone else capable of flying IFR may be able to utilize the aircraft.
L. Persistent "no-show" violators will be subject to being charged for flying time reserved.
M. Pilots who leave the aircraft at airports away from the home base are financially responsible for the return of the aircraft to the home base as soon as possible.
A. The Member shall have deposited with the Club upon the signing of this Agreement, the sum of $______________________ as the lease term fee. Said fee shall be non returnable except as provided in VI-D.
B. The Member agrees to pay the Club's hourly rates as published, respectively, for each tenth-hour of elapsed time on the Hobbs meter attached to the aircraft. The Member agrees to pay to the Club a non-refundable mandatory minimum pre-paid flight time amount monthly, equivalent to approximately three Hobbs meter hours on an AA5B (AA5A for Student Pilors), regardless if the aircraft is utilized by the Member. Unused mandatory monthly pre-paid flight time credit balances exceeding three months are absorbed by the Club. Any other type of credit balance will be carried only for the term of the Agreement and will then be absorbed by the Club. If this Agreement is renewed at the end ot twelve months, up to three months mandatory pre-paid flight time credit will be credited from the previous Agreement. Any other type of credit balance from the previous Agreement will be credited in full.
C. The cost of fuel to operate the aircraft shall be at the sole expense of the Member.
D. To preclude frequently adjusting the aircraft hourly rates due to constantly increasing maintenance and insurance costs, and so as not to thereby penalize with higher costs those Members who fly far more than the monthly minimums, a maintenance surcharge shall be charged equally to each Member monthly. This charge is currently $______________________ .
E. A monthly airport user fee is levied by the City of Bridgeport upon gross revenues produced by the Club. The Member shall pay the fee on all flight time amounts. This fee is currently ______________________ %.
F. All bills shall be due upon presentation. The Member shall cease operation of the aircraft when any bill charged to him becomes fifteen days past due. A thirty day past due balance shall result in forfeiting and relinquishing all Member rights whatsoever, and membership as well as the balance of the lease term fee.
A. The Member agrees to indemnify and hold the Club harmless against any loss, liability, or damage to persons or property in excess of the amount of insurance coverage while the Member is in control of the aircraft. The Member waives any claim that he has or may have against the Club with respect to any loss, liability, or damage to himself, his property, or his personnel.
B. This Agreement shall be construed in accordance with the laws of the State of Connecticut.
C. This Agreement may not be transferred, assigned, sold or otherwise negotiated without the written consent of the Club. Accumulated hours shall not be transferable, assignable, salable or otherwise negotiated.
D. In the event of cancellation of this Agreement by the Club, the Club will return a pro-rated amount of the lease term fee to the Member based on duration of the life of the contract.
E. Any Member wishing to terminate his obligation under this Agreement may do so as follows:
(1) by assigning his interest to any person acceptable to the Club. Any such assignee shall therefore become liable for all obligations of the Member.
(2) be forfeiting his lease term fee and paying the balance due on the minimum monthly charge, for the remainder of term of this Agreement.
F. The Member agrees that all expenses incurred by the Club for collection of any sums under this Agreement, including reasonable attorney's fees, may be added to any sum due hereunder, to be paid as a part thereof.
G. This Agreement constitutes the entire contract between the Club and the Member. Amendments may be made as agreed to in writing by the Member and the Club.
H. The Member hereby acknowledges receipt of a complete copy of this Agreement.
I. This Agreement may be renewed subject to payment of the lease term fee when due.
A. Any Member who has not flown a Club aircraft in the previous ninety (90) days must take a check flight with a Club approved instructor prior to operating any Club aircraft.
B. Any Student Pilot who has not earned his Private Pilot Certificate during the term of the Club Agreement shall not be renewed as a Member, except under extenuating circumstances and at the sole discretion of the Club.
C. The Club may, at its sole discretion, require a check flight of any Member at any time during the term of the membership Agreement, by a Club approved instructor of the Member's choice.
D. Any check flight required by the Club shall be at the expense of the Member.
E. The Club does not impose a daily minimum flight time charge if you take an aircraft for a full day or a weekend (Friday evening through Sunday night). There is a two hour daily minimum commencing on the third consecutive day.