Training Agreement
- ATD will provide aircraft training based on the scope mutually agreed between myself and ATD (the “Training Services”). Training shall be provided at the then-current rates as made available by ATD. I shall observe and obey all applicable rules, laws, and regulations, in connection with Training Services.
- Subject to ATD’s requirements and prior commitments, the Training Services shall be performed in accordance with training dates mutually agreed between me and ATD, subject to weather, availability of Aircraft (as defined in the Rental Agreement), and availability of ground and flight instructors.
- ATD does not represent, warrant, guarantee or assure that I will satisfactorily complete the Training Services or will achieve the necessary or required proficiency and skills to qualify for any license, certificate or rating issued by any regulatory agency or government authority including but not limited to the Federal Aviation Administration. If ATD acting in good faith ascertains that I cannot satisfactorily complete a level of training, ATD shall notify me and I may either withdraw from the training or retrain with alternate training sessions and associated costs as mutually agreed by both parties, and ATD shall have no further obligation hereunder.
- ATD shall issue me an invoice upon the completion of each training sessions (which may include cost for Aircraft rental). An amount shall be due and paid promptly upon completion of each training session where Training Services are provided. Any additional costs shall be subject to a separate invoice and shall be paid upon receipt. I will call ATD the next day to pay this bill over the phone, email, or allow ATD to charge my credit card if one is on file. Interest charges on any balance remaining in delinquent status may apply if not resolved in a timely fashion. I will also pay to ATD any sales, retail, or transactional tax due as a result of the rental payment.
- ATD reserves the right to immediately suspend, without notice, any Training Services in the event that the I fail to make any payment that is required hereunder and ATD has the right to exercise all recourses available at law against me under this Training Agreement or any other agreement in place between me and ATD. ATD has the option to terminate this Training Agreement and the Training Services if there are any amounts due hereunder that are left unpaid after the due date and written notice of such non-payment is not cured within one (1) calendar day, or if I breach any of the other terms and conditions of this Training Agreement or any other agreement in place between me and ATD.
- Disclaimer of Warranties: With respect to any and all training services and documentation provided by ATD under this agreement and subject to compliance with statutory requirements, ATD has advised me and I acknowledge that the usefulness and sufficiency of the training services and documentation depend on the experience and capabilities of each pilot and any particular aircraft, and the documentation may not be applicable to or suitable for use in other aicraft or types of operations, even with respect to use for the same aircraft type. Accordingly, ATD disclaims and excludes all warranties regarding the provision of these training services, whether express, implied or statutory, including any warranty of merchantability, any warranty of fitness for a particular purpose, and any warranties arising from course of performance, course of dealing, or usage of trade.
- This Training Agreement shall be governed by and is to be interpreted in accordance with the laws of the state of Missouri, exclusive of its conflict of law rules.
- Time is of the essence in this Training Agreement.
- If for any reason a court of competent jurisdiction finds any provision of this Training Agreement, or any portion thereof, to be unenforceable, that provision of the Training Agreement will be enforced to the maximum extent permissible so as to affect the intent of myself and ATD, and the remainder of the Training Agreement will continue in full force and effect.
- Failure by either Party to enforce any provision of this Training Agreement will not be deemed a waiver of future enforcement of that or any provision.