Aircraft training, indemnification, and hold harmless agreement

THIS AIRCRAFT TRAINING, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (“Agreement”), is made to be effective upon submission of the Registration Form, by the undersigned (the “Owners” and the “Trainees.” WHEREAS, Aircraft owner (Owner) desires that AIR Flight Training, LLC (“Training Instructor”) provide to STUDENTS NAME and STUDENT’S NAME (TYPICALLY ONE TO FOUR CUSTOMERS) (the “Trainees”) flight instruction and training in Owners’ aircraft; and NOW, THEREFORE, in consideration of the training to be provided, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owners agree as follows:

1. Training. Owners/Trainees desires that Training Instructor provide to Trainees flight and ground training in a PA46 (the “Aircraft”), and Owners/Trainees agrees to pay to Training Instructor the sum of the amount listed below plus any travel related expenses including, but not limited to, airfare, hotel, food, rental car and/or car mileage at the current IRS rate. Incidentals will be billed at rate incurred for training. Owners understand and acknowledge that such training does not guarantee that Trainees will be proficient or meet any minimum performance standards to fly the aircraft. All prices including expenses reflect a 4% cash discount.

2. Indemnity and Hold Harmless. The Owners/Trainees hereby agree to indemnify, defend and hold harmless Training
Instructor from any and all losses, claims, damages, or causes of action, including but not limited to claims for loss (including loss of use) or damage to the Aircraft, and all related costs, including attorneys’ fees, arising directly or indirectly out of or in connection with the services Training Instructor provides pursuant to this Agreement that may be brought by any person. The Owners and Trainees acknowledge that the services rendered are solely and wholly performed by AIR Flight Training, LLC. The Training Instructor’s rights to indemnification under this Agreement shall be in addition to any other remedies to which it may be entitled to under Kansas law.

3. Insurance. The Owners hereby further agrees to maintain a current aircraft hull and liability insurance policy showing the Training Instructor as named insured effective during the duration of all flight instruction and training given. Owners/Trainees hereby waive any and all subrogation rights Owners/Trainees may have against the Training Instructor as a result of any damage, liability, or action which is or could be covered by such insurance policy or policies.

4. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives and assigns.

5. Governing Law. The interpretation and construction of this Agreement and all matters relating hereto shall be governed by Kansas law.

6. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the subject matter contained herein. This Agreement may be amended or modified only by an agreement in writing signed by all of the parties hereto

The undersigned has executed this Agreement to be effective the day and year the Registration Form is submitted.