The following aircraft rental policies and conditions apply to each rental flight in aircraft rented from Apopka Aviation & Flight Services or the aircraft owner who are referred to as “The Operator.” The renter, whose signature appears on this agreement form, agrees to the following rental conditions:
1. I will obtain a check out from the operator for each make and model aircraft I wish to rent and will not fly any aircraft until approved to do so by the operator.
2. I will obtain a flight proficiency check from the operator if I have not served as pilot in command of an aircraft owned or operated by them within the preceding six (6) months. I agree that the operator may require refresher training prior to renting aircraft owned or operated by them.
3. I will make a pre-flight inspection of the aircraft; its equipment and accessories before takeoff and will not accept the aircraft until I am satisfied as to its airworthiness and proper functioning of its equipment and accessories. I understand that the operator has not inspected any of the foregoing, and I will not rely on any statements or inferences to the contrary made by any person. I acknowledge that it is my responsibility, and only my responsibility, to assure the airworthiness and proper functioning of the aircraft, its equipment and accessories.
4. I will return the aircraft at the agreed time as specified on the flight schedule and will return it in the same condition that I received it in. I will contact the operator by telephone (407) 947-1700 if I am going to be late for any reason. If the aircraft is not returned by the agreed time, I will pay late charges up to three hours associated with retrieving the aircraft.
5. I will use the aircraft only for the purpose and route specified for each flight and will advise the operator of my itinerary and telephone contract number for any over night rental.
6. I will conduct no commercial operations or flight training unless approved by the operator in writing. I will fly from the left seat only unless approved by the operator and will not take the aircraft outside the contiguous boundaries of the United States of America unless approved by the operator. I will land only at public airports unless an in-flight emergency dictates otherwise. I will comply with all FAA regulations.
7. I will obtain weather reports and forecasts for my route of flight and will file a flight plan for any flight beyond 50nm radius of the departure airport.
8. I will report all accidents and incidents caused by my misuse of the aircraft to the operator as soon as can reasonably be expected and will provide names and addresses of witness and involved parties. I will not permit the aircraft to be moved unless expressly authorized to do so by the operator or by an authorized local/state/federal agency official. I will do all that I can reasonably do to protect the aircraft and its equipment from further loss.
9. I agree not to tamper with or attempt to repair any part of the aircraft, equipment or its accessories but will telephone the operator for instructions as to what to do in the event of a malfunction of any part of the aircraft, its equipment or accessories.
10. I shall defend, indemnify, save and hold operator (and operator’s related companies, and the officers, directors, agents and employees and assigns of each of those companies as well as the owners of the aircraft) harmless from and against, and reimburse such parties for, any and all obligations, damages, suits, fines, penalties, demands, claims, costs, expenses, actions, liabilities and proceedings of any form or nature (including, without limitation, attorney’s fees and court costs and insurance deductibles) incurred by the persons hereby indemnified arising in whole or in part out of:
(a) Any failure of mine to perform under the terms, covenants and conditions of this agreement.
(b) Any accident, injury, damage to person or property, or theft which shall arise from the use of the aircraft which is the subject of this agreement.
(c) By the failure to comply with the laws, ordinance, requirements, orders, rules or regulations of any governmental authority.
I understand that my obligations under this paragraph shall survive any termination, or any expiration of this agreement.
11. I agree to pay the published rates for the aircraft that I have rented immediately upon completion of rental (Hobbs otherwise Tach. Time). There is a three (3) hour per day rental minimum if I schedule the aircraft for an un-interrupted period rental beginning 7:00 a.m. and ending 9:00 p.m.
12. If I reserve an aircraft and/or instructor but fail to attend and have not cancelled the reservation by telephone to the operator within two (2) hours of the reserved time, I agree to pay a “no show” fee of $30.00 per hour of the time I have reserved an aircraft (up to three hours) and $30.00 per hour for the instructor time I have also reserved (up to three hours).
13. This agreement shall be governed by, and construed in accordance with the laws of the State of Florida. The venue of any suit or proceeding brought with respect to this agreement shall always be lodged in a court of competent jurisdiction located in Orange County, Florida.
14. I agree that permission of the operator to use its facilities and equipment is based upon the information set below and I certify that said information is true and correct.